Gfotnell Inioeraita ffiibratg 3tt!ata, ^tw fork ]it;tte l^iatorlcal Slihirarg THE GIFT OF PRESIDENT WHITE MAINTAINED BY THE UNIVERSITY IN ACCORD- ANCE WITH THE PROVISIONS OF THE GIFT |«myx ,,,,„.. J s;^_^ EDINBURGH : JOHN SUTHERLAND, 12, CALTON STREET. MDCCCXXXVin. a From the Steam-Press of Peter BrowNj Printer, 19, St James' Square. INTRODUCTION. The object of the present work is to present to the public, in a form that may be generally accessible, the history of one of the most interesting periods in the annals of our National Church, by the republi- cation of her Acts and Proceedings, at and subse- quent to the era of her second Reformation ; and, combined therewith, such historical documents and sketches as are calculated to preserve the memory of an important, and, ultunately, beneficial revolu- tion in Scotland. The Reformation from Popery — of which the seeds had been sown during the lapse of the half century which preceded the abolition of that system of national religion in 1560 — forms the subject- matter of a distinct epoch, which has been amply illustrated in the works of Principal Robertson, Dr Cook, and Dr M'Crie, and which has been further developed more authentically in the pages of the " Booke of the Universall Kirke ;" and it is not within the range of the present compilation to take any retrospect of the events which occurred in reference to the Reformed Church of Scotland, prior to the year 1633, when King Charles I. was crowned King of Scotland. It may be deemed sufficient to note merely, that Popery was abolished, by act of Parliament, on the 24th of August 1560, and the reformed doctrines recognised and tolerated by contemporary statute ; that, in 1567, the Protestant Church was established and endowed; that the mixed Episcopal and Presbyterian form of Church government which subsisted during the first thirty- two years of its existence, yielded to the Presby- terian polity, which was established by act of Par- liament on the 5th of June 1592 ; and that Episco- pacy having been insinuated through the instru- mentality of the General Assembly of the Church,* in consequence of the intrigues of King James VI., became, though in a modified shape, the established form of the Protestant Church in Scotland, by virtue of various acts of Parliament. -j- Such was the nature of the Established Protestant Church of Scotland when Charles I. ascended the thrones of both the British kingdoms, at the demise of his father, on the 22d of March 1625 ; and such • 1697. + Deo. 19, 1597.— 1606, c. 2. 1612, c. 1. it continued to be up to the time that we have selected as the commencement of the period, to the illustration of which the following pages are de- voted. Along with his crown, Charles I. inherited from his father, a legacy of political and ecclesiastical bigotry, and a cluster of debateable questions betwixt him and his subjects, which, ere long, involved him in numberless embarrassments and conflicts, that terminated only with his life on the scafibld. In reference to Scotland, that which first brought him into collision with his northern subjects, was a pro- ject of resuming grants which had been lavishly bestowed by his father on his nobility and other minions (or which were usurped by them,) of the tithes and benefices that had belonged to the Popish Church prior to the Reformation. James himself had contemplated such a revocation before his death, and also the establishment cjf a Liturgy in the Scot- tish Episcopacy, recently introduced, and but im- perfectly consolidated ; but he wanted the courage to adopt the requisite measures for that purpose, which were calculatedto rouse into active hostility the combined opposition of a fierce aristocracy, and of the Presbyterian clergy and people, who had been cheated out of their favoured scheme of church polity by the insidious manoeuvres of James. The revocation was the first step taken by Charles in pursuance of his father's policy ; and it was justified by precedents in the commencement of every new reign, during the previous history -of Scotland. But the first attempt to accomplish this end proved abortive, and had nearly produced the most tragical consequences. It may be proper to advert briefly to these occurrences. In October 1625, a Convention of Estates was held for the consideration of this interesting topic ; but the proposition was rejected by nearly all the nobility and gentry, many of whom had profited from the plunder of the ecclesiastical patrimony ; and Bishop Burnet* gives a very characteristic anecdote of the proceedings on the occasion. The Earl of Nithsdale, as Commissioner, had been instructed to exact an * " History of his Own Times," p. 11 of imperial edition, 1837. INTRODUCTION. unconditional surrender ; but the parties interested had previously conspired, and resolved that, if they could not otherwise deter him from prosecuting the measure, " they would fall upon him and all his party, in the old Scottish manner, and knock them on the head ;" and so deadly was their purpose, that one of their number, who was blind, (Belhaven,) and was seated beside the Earl of Dumfries, had clutched hold of him with one hand, and was pre- pared, had any stir arisen, to plunge a dagger in his heart. Nithsdale, however, seeing the stormy aspect of the conclave, disguised his mstructions, and returned to London disappointed in his mission. A convocation of the clergy, however, whose views were directed to a complete restoration of its ancient patrimony to the Church, and a largo body of the landed proprietors, who;hadsufferedfrom the rapacity of the Lords of Erection, and titulars, who bad ob- tained the Church property and tithes, were favour- able to a revocation — animated by the hope that, in any new distribution of the revenues, a larger portion of these would fall to their lot from the royal favour than they could ever expect from the individual over- lords and improprietors. These two classes, there- fore, co-operated in supporting the views of the King, for a resumption of church property and tithes ; and these movements resulted in the well known arbitration, by which his Majesty obtained a general surrender of the impropriated tithes and benefices, under which the law upon this subject was ultimately settled by the enactments in the Statute-book,* leaving unavoidably an extended spirit of discontent among the disappointed parties in the most infiuential classes of the community. One of the main objects of Charles' policy being thus partially accomplished, he proceeded to Scot- land in the summer of 1633, for the purpose of being crowned in his native kingdom. His Majesty's progress and inauguration were distinguished by un- wonted splendour, and he received a cordial welcome from his northern subjects ; but some parts of the ceremonial gave deep offence to the Scottish people, as savouring strongly of Popish mummeries ; and the morning of his reign was speedily overcast in Scotland, by a most unwise and obstinate asser- tion of the royal prerogative in some matters of the most ludicrous insignificancy. In 1606, au act had passed in the Scottish Parliament, asserting the royal prerogative to an extravagant pitch ; and another in 1609, by which King James VL was empowered to prescribe apparel to the churchmen with the consent of the Church— a concession which had been made to gratify that monarch's predilec- tions for all priest-like intermeddling with eccle- siastical affairs, and all sorts of trifling details. But these concessions had lain dormant during the remainder of his reign, and had never been acted upon ; nay, when, in 1617, an act had been pre- pared by the Lords of Articles, authorizing all things that should thereafter be determined in ecclesias- * Acta, 1637. tical affairs by his Majesty, with consent of a com- petent number of the clergy selected by himself, to be law, he ordered that act to be suppressed in the House, although it had passed the Lords of Articles. Charles, however, not sufficiently acquainted with the latent spirit of his Scottish subjects, ordered an act to be framed, soon after his coronation, em- bodying the enactments of both the statutes above alluded to, asserting the unlimited prerogative of the King in all matters, civil and ecclesiastical, and giving him power to regulate the robes and raiment of ecclesiastics. This was strenuously opposed by Rothes, Balmerino, and a majority of the Estates, notwithstanding the personal presence of the King, and his domineering orders to them to vote and not to speak. By a juggle, however, the clerk-register (Primrose) reported the majority the other way — a falsity which could not be impugned without in- curring the pains of treason ; and so intent was Charles on coercing the Estates into this measure, that he marked on a list the names of all who had voted against his crotchet, and threatened them with his resentment.* These extraordinary and indecorous stretches of authority, excited the greatest alarm. The freedom of speech in Parliament, its independ- ence, and the integrity of its record, were violated in a manner the most outrageous and inconsistent with all liberty or safety. The nobility held various consultations as to what was to be done in this juncture, and a petition to the King was drawn up and shewn to some of them — amongst others to Balmerino ; but the King having declared that he would receive no explanation or remonstrance from them, the purpose was dropped. A copy of it however, with some corrections on it in Balmer- ino's handwriting, having been confided by him to a notary for transcription, it was treacherously conveyed to Charles, by Spottiswood, Archbishop of St Andrew's, some months afterwards. For this innocent and, according to modern notions, this constitutional exercise of the right of petition, or rather this intent to exercise it, Balmerino was put ou his trial, -|- before a packed court and a packed jury, for leasingmaking, or an attempt to sow dissension betwixt the King and his subjects an offence of the most arbitrary construction, and certainly not overtly committed by Balmerino in this case. Seven of the jury were for acquittal but eight, bemg a majority, found him guilty and he was sentenced to a capital punishment. This trial excited the deepest interest throughout the country, and its result produced consternation, and prompted to the most desperate counsels. It was proposed to force the prison and rescue Bal- merino ; or, if that failed, to kill the obnoxious judges and jurors, and burn their houses. But these peril- ous resolutions were obviated by Lord Traquair one of the jury and a tool of the Court, represent- ing to the Kmg the consequences which were to be ' Acts, 1633, 0. 3. t 1634. INTRODUCTION. apprehended ; and it was found expedient to grant Balmerino a pardon.* These were the first false steps of Charles in Scotland. They shook u'retrievably the confidence of his subjects in his personal integrity, and in his rererence for the law and the purity of its adminis- tration; and the whole of these proceedings are eminently instructive, as evincing to what trivial circumstances, in some respects, convulsions and revolutions, of an extended and sweeping character, may often be ascribed as the source. It is exceed- ingly difficult now to estimate fully the motives of either party in these transactions. The Scottish Estates were not averse to yield the point of royal supremacy exacted by James and Charles; but when the latter claimed as his prerogative the power to regulate the draperies of the priesthood, it was vehemently resisted by parliament and peo- ple as an encroachment on their religious liber- ties. And to this paltry subject, which was more appropriate to a college of tailors than to the ca- binet of a monarch or the arena of a senate, we may trace the first beginnings of that succession of revolutions which, for upwards of half a century afterwards, overflowed the land with torrents of blood and of tears. -j- The arbitrary principles in which Charles had been trained by his father, were so deeply impressed on his character, that, though in other respects an able and amiable man, they were never eradicated from his mind by all his experience of their conse- quences. Prompted by the bigoted intolerance of Laud, surrounded by court sycophants, who sought favour by subserviency to his prejudices, and be- trayed in Scotland by a set of the most unprincipled knaves, both lay and clerical, that ever were des- tined to mislead a sovereign into disgrace and destruc- tion,' Charles took not warning in his government from the lessons that had been taught him in the transaction to which we have thus briefly alluded ; and he must needs enforce by coercion in Scotland that uniformity in religious ceremonials with the jEpiscopal Church of England, on which his father had bestowed so much of his royal wisdom. J His enterprises in this respect led to consequences which he little anticipated, and which terminated most fatally for his own authority and honour. We allude to his attempt to introduce the Liturgy and canons, which were concocted for the Church in Scotland, under the auspices of Archbishop Laud — an attempt which, within a very brief space after Balmerino's trial and sentence had excited universal alarm, rallied the whole population of Scotland under the banner of " The Covenant," in open resist- • November 1635. t Burnet, pp. 11 — 14. Burnet's account of these several proceedings, confirmed as it is by authentic records, seems entitled to the fullest credit ; for it is taken from documents in his hands, which enabled him to give a genuine and unvarnished statement of the most minute particulars. t See Neale's "History of the Puritans," a work of great research and value. ance to their throned monarch ; presenting to our contemplation one of the most remarkable and sub- lime moral spectacles that is to be found in the history of ancient or modem times — an entire na- tion simultaneously banding themselves together, and leagued by solemn religious vows, for the vindi- cation and maintenance of their liberties, civil and religious, yet cherishing and avowing their allegiance to their sovereign, except in so far as he exceeded his legitimate authority. Before entering on the Proceedings and Acts of the General Assemblies of the Church from 1638 to 1649, which it is one of the objects of this work to pre- serve, it is necessary, for the elucidation of these, to detail the circumstances, political and ecclesiastical, (these being, in truth, identical,) which preceded that great demonstration of the national will and power, durmg the years 1636 and 1637 ; and, in doing so, the facts shall be as concisely stated as is prac- ticable, amidst the great mass of materials which are supplied to the student of our history in the numerous works that treat of the period now re- ferred to.* Early in the progress of the Scottish Beformation, the Lords of the Congregation had directed the "Book of Common Order," as it was called, which was used in the Protestant Church of Geneva, to be read in the religious service of the Scottish Re- formers ; and it was sanctioned by the Church in the " First Book of Discipline," among the first of its acts after the abolition of Popery.+ Under this sanction, the " Book of Common Prayer" was appointed to be used by the Readers as a part of the pubUc worship in the churches ; and, so far as we can discover, it continued to be used, either as an essential part or, at least, as the model for prayer in public worship, during the fluctuations in the frame of the Church in the time of James VI. The Assembly at Aberdeen,:]: indeed, had ordered the Geneva form to be revised ; but the vehement opposition made in the subsequent Assembly at Perth to King James' Articles, induced him to sus- pend his innovation. Charles, however, a man of higher moral and personal courage than his father, and stimulated by the fanatical and semipopish zeal of Laud, had given instructions, during his recent visit to Scot- land, for superseding the early Book of Order, and directed the introduction of Canons and a Liturgy similar to those of England. In order to deceive the Scotch into a belief that it was different, and to soothe the national pride, by eschewing the aspect of servile imitation as a mark of its dependence on the English hierarchy, the Scotch Prelates devised a new Liturgy, which was, in many points, and in- deed in its leading features, much more Popish than that of England. • Clarendon, Baillie, Spottiswood, Burnet, Bow, Guthrie, Calderwood, Kirkton, Melville ; and, more recently, Hume, Laing, Cook, M'Crie, Alton, &c. + First Book of Discipline, c; iv. § 14 ; c. v. § S, J 1616. 6 INTRODUCTION. The Canons were first compiled and confirmed by the Royal Supremacy. They comprehended whatever the Kings of Israel or the Emperors of the Primitive Church had arrogated ; secured from challenge the consecration of the bishops ; and added terror to excommunication, by annexing confisca- tion and outlawry as the penalties of incurring it. The Liturgy was sanctioned before it was actually framed. By it the clergy were forbidden to deviate from its forms, or to pray extemporaneously ; the demeanour of the people in public worship was rigorously prescribed ; kirk-sessions and presby- t-eries, as these were established by the act 1592, were abolished, under the new designation of " con- venticles ;" the powers of these were transferred to the bishops, and lay elders entirely superseded ; and the whole texture and spirit of it was mani- festly Popish, embodying, in almost undisguised terms, the form of the missals, and introducing every particular, both of doctrine and ceremonial, that was most obnoxious to the whole population, except the prelates, nine of whom, out of fourteen, had been introduced into the Privy Council, while Archbishop Spottiswood was created Chancellor, and Maxwell, Bishop of Ross, aspired to the ofiice of Lord Treasurer — thus combining the highest spiritual with the highest political functions, and forming a conclave of despotism entirely subservient to the King. The new order of things, therefore, was not a mere JBStitutiou of Episcopacy, in which only spi- ritual jurisdiction was conferred, and different orders of clergy were established, as in England ; but it was palpably a political engine, incompatible with the existence of civil liberty or freedom of conscience in matters of religion ; and this innovation became universally obnoxious to the whole nation, by reason of its manifest revival of the practices and ritual of the Catholics. A font was appointed to be placed in the entrance of the church, the cross was enjoined in baptism, and the water was changed and conse- crated in the font twice a month ; an altar was ap- pointed for the chancel ; the communion table, decorated, was placed in the east, and the consecra- tion of the elements was a prayer expressive of the Real Presence, and their elevation deemed an ac- tual oblation. The confessions of the penitent were to be concealed by the clergy ; and the whole contexture of this novel Liturgy was such, in con- junction with the Canons, as to effect a total sub- version of all the principles cherished by the bulk of the nation from the date of the Reformation, and to overthrow the entife system of Presbyterian doctrine and discipline that had previously prevailed in the usages of the Church, and the law of the land. It is noways surprising, therefore, that these in- novations produced a tremendous revulsion through- out the country ; and they were rendered still more offensive by the mode of their introduction ^with- out the consent of a General Assembly of the Church or of Parliament, but solely by virtue of the royal prerogative, and the authority of the pre- lates — the advice even of the Privy Council, and some of the elder prelates being entirely contemned. The alarm was sounded from the pulpits by a gi-eat majority of the parochial clergy, and pervaded, not merely the common people, but the gentry also, and, with few exceptions, all the ancient nobility of the realm : every man, whether valuing his religious principles, or his political liberty and safety, was appalled by the immediate prospect of an intoler- ant spiritual domination and civil tyranny being established in the land of his forefathers. " In short," as Dr Cook emphatically states, " the com- plete command of the Church was given to the bish- ops, and the kingdom was thus laid at the foot of the throne."' In this state matters continued from the time that these changes became known, in 1636, till the summer of 1637. At the same time, besides the Court of High Commission, each of the prelates ob- tained subordinate^Commission-courts, which were, in all respects, so many local inquisitions ; so that " Black Prelacy" was armed in Scotland with all the powers and terrors of the Popish Church ante- rior to its abolition. The prelates, however, were at first deterred, by well-grounded apprehensions, from the exercise of their late-sprung power. A general adoption of the Liturgy at Easter had been required by royal proclamation, but the day had elapsed before the publication of it took place ; and it was not till May 1637 that a charge was ordered to be given to the clergy, that each of them should "buy and provide" two copies for his parish, underthe pen- alty of escheat of his effects. The Council, however, had omitted in their edict to require the adoption and practice of these formularies, although, doubtless, the conjoint effect of these innovations was held to imply an imperative rule for the clergy. This looseness of phraseology, however, opened a door for the recusant clergy to evade the use of the new ritual, and paved the way for an eventual de- feat of the prelates' schemes. -]- On the 16th of July 1637, an order was intimated from the pulpit in Edinburgh, that, on the follow- ing Sunday, the Liturgy would be introduced ; and this without the concurrence of the Privy Coun- cil or any previous arrangement for smoothing its reception. This notice excited great popular agitation, and brought the collision betwixt the court and prelates on the one side, and the country on the other, to a crisis. On Sunday following, (23d July,) the Dean of Edinburgh officiated in St Giles', and the Bishop elect of Argyle in the Greyfriars' church, each of them being attended by some of the Judges, Prelates, Members of Council, and other dignitaries, so as to give an imposing effect to the in- troduction of the obnoxious services. St Giles' church was crowded, and all went on with the wonted solem- nity of public worship until the reading of the ser- vice commenced, when Janet Geddes, an humble • Hist, of Ch. of Scotland, vol. ii., p. 360. t Balfour's Annals, vol. ii., p. 226, et seqiien. INTRODUCTION. female, rose up and exclaimed, " Villain ! daurst thou say the mass at my lug ?" and, suiting the action to the word, she tossed the stool on which she had been sitting at the Dean's head. Forthwith, the assembled multitude broke out iuto such a tumult as (Baillie says) "was never heard of since the Reformation," exclaiming, " A Pape ! a Pape ! Antichrist !" and accompanying these expressions with a violent assault on the doors and windows, so as effectually to interrupt the service. In the other church, of Greyfriars, the performance of the service was attended with similar, though less vio- lent demonstrations of popular hostility ; and it was with difficulty that the officiating priests were rescued from the violence of the outraged mul- titude. The greatest excitement pervaded the city throughout the day ; and in every quarter of the country where the Liturgy was attempted to be in- troduced, except at St Andrew's, Brechin, Dun- blane, and Ross, it was resisted with similar mani- festations of anger and disgust; and this popu- lar effervescence was speedily extended from the lower to the higher ranks, betwLxt which the most entire sympathy existed, although the latter adopted a more rational and effective mode of resist- ance. It is beyond the range of these introductory re- marks, to enter on all the details of procedure which took place from the first outbreak of this opposition till the meeting of the General Assembly of Glas- gow, in November 1838. Of these, all the particu- lars are fully detailed in Lord Rothes' MS. Rela- tion, in the Advocates' Library, Baillie's Letters, and other contemporary chronicles, and more recently in Mr Laing's and Dr Cook's Histories, and Dr Alton's Life of Henderson — a man who, at that juncture, arose to great eminence, to guide his countrymen in their struggles, and to dignify their cause by the distinguished talents which in him were called forth and displayed on this occasion. It is sufficient for the present purpose to note a few of the more prominent facts and occurrences which hastened the movement and, ere long, prostrated the royal authority in Scotland. Henderson, then minister of Leuchars, in Fife, and three other clergymen from the Presbyteries of Irvine, Ayr, and Glasgow, having been pressed by the prelatical authorities on the score of the Li- turgy, presented, on the 20th of August, bills of sus- pension to the Privy Council, upon the grounds that the recent innovations were illegal, not being sanc- tioned by Parliament or the General Assembly, and as being in contravention to the Acts of ParUament and of the Church. The Council eluded these broad grounds, by finding that the edicts of which sus- pension was sought, did not require the observance, but only the purchase, of the new formalities ; and the Council communicated with the King as to the dilemma in which both he and they were now placed. His Majesty, however, unmoved by these events, ordered the immediate observance of the ritual, (September 20,) and rebuked the tardiness of the Council. But whenever this untoward resolution of the King was known, the four ministers, who were thus the foremost men in the contest, were joined and supported by twenty-four peers, a great many of the gentry, sixty-six commissioners from towns and parishes, and nearly one hundred minis- ters, who immediately poured in numerous petitions, remonstrating against the imposition of the Liturgy and Canons.* These gave open demonstrations of their making common cause with Henderson and his associates, going in a body to the door of the Council House, in the High Street of the metropolis, with their remonstrances or petitions ; and thus they sustained the four individuals who had been selected by the prelates for persecution. During the inter- val which elapsed before an answer was returned, the remonstrants busied themselves in agitating their grievances over the whole Idngdom, and speed- ily organized one of the most formidable and best constructed oppositions to which any government ever was exposed. It having been intimated that answers from Court to their remonstrances and petitions would reach Edinburgh on the 18th of October, great mul- titudes, from all parts of the country, flocked to the capital. The Privy Council were panic-struck, and issued proclamations, intimating that, at the first Council-day, nothing should be done relating to the Church ; ordering all strangers to leave Edinburgh within twenty-four hours ; removing the Council and Session from Edinburgh to LinUthgow, and afterwards to Dundee ; and denouncing a book which had been published against the measures of the Court and Prelates. This brought matters to a crisis. Having delivered the several applications with which they had been intrusted from the provinces to the Clerk of the Council, the noblemen, gentle, men, and clergy met in three different bodies ; but they concurred in a general declaration against the obnoxious books, and ordered it to be presented to the Council. It were tedious enumerating all the proclamations by the King and Council, and the pro- testations against these by the nobles and clergy, and all the negotiations and intrigues which supervened — of these original documents, how- ever, copies will be given in the notes subjoined to the Acts of Assembly in 1638 ; but it would savour of undue partiality to the proceedings of the mal- contents, if we omitted to state that, during the whole of the period alluded to, many disgraceful outrages were perpetrated by the rabble, who, in the language of Baillie, seemed to be " possessed with a bloody devil," the authorities being utterly unprepared and unable to repress these disorders, at the very time that they were exciting the people of all classes by their lawless and inconsiderate edicts and tyrannical acts. These mutual exasperations had reached the highest pitch, when, in February 1638, the Presby- • Baillie, vol. i., p. 15. 8 INTRODUCTION. terians assumed a bold and perilous attitude, amount- ing almost to a practical dereliction of their alle- giance to the King, and an assumption of supreme authority. In order to avoid the large and tumul- tuary assemblages which had taJien place during the preceding year, the Council had required that the supplications and communications should be man- aged by delegates and commissioners from the greater masses ; and, accordingly, those persons acting in this capacity, under the sanction of the King's Council, had, in the preceding November, formed large and influential subdivisions of them- selves into distinct bodies called " Tables," repre- senting the different classes who were combined for the vindication of their religious liberties — one for the nobility, another for the gentry, a third for the clergy, and a fourth for the burghs. Com- mittees of the most influential and zealous of each class, sat at four different tables in the ParUament House, having sub-committees, and a central one of the whole, devising and concocting such measures as they deemed necessary for promoting the com- mon cause ; thus centralizing the public feeling of the country, and again giving forth mandates from their united Councils, with all the force and author- ity of law, to the people, and superseding virtually the functions both of the Executive and Legisla- ture of the country. The most noted act of this anomalous Conven- tion was the formation of a muniment, which was composed by Henderson and Johnston of Warris- ton, and revised by Balmerino, Rothes, and Lou- don, and which was destined to be a powerful instrument in the hands of these national leaders. The Covenant was framed and promulgated at the time we refer to, and henceforward became the ral- lying standard of the nation, or, at least, of a great majority of its inhabitants, during the space of half a century, tUl a more benignant symbol of freedom was unfurled at the Revolution, under which the people of these realms have hitherto, since that time, enjoyed all the blessings of a limited mon- archy, and institutions for the maintenance of the Protestant faith, and perfect freedom of conscience to all classes of the people. The adoption and character of that remarkable League enter so deeply into the subject of the present undertaking, that, in order to render numerous sub- sequent proceedings intelligible to many persons, it is necessary to devote particular attention to it, and the circumstances under which it was promulgated. The Earl of Traquair returned to Scotland, on the 1 5th of February, with instructions from the King in reference to the affairs of Scotland. He dissembled at first the full tenor of these, in his com- munications with the leaders of the Tables, and, on the 19th, proceeded, early in the morning, to Stir- ling, to publish the proclamation of which he was the bearer, before the Presbyterians should be ap- prized of his intentions, or prepared to offer any show of opposition. Lord Lindsay and Lord Hume, however, being apprised of Traquair's movements, had outstripped him, and were on the spot to pro- test against its effects. The proclamation expressed the King's approval of the Liturgy ; declared all the petitions against it derogatory to his supreme authority, and deserving the severest censure, and prohibited the supplicants to assemble again under the penalties of treason.* When this proclamation, which was calculated to excite their most gloomy apprehensions, and to ex- tinguish all their hopes of the King ever listening to their remonstrances, was proclaimed by the her- alds at Stirling, Lords Hume and Lindsay made formal protestation against it, claiming a right of access to the King by petition ; declining the pre- lates as judges in any court, civil or ecclesiastical ; protesting that no act of Council, past or future, (the prelates being members,) should be prejudicial to the supplicants, in their persons or estates ; that the Presbyterians should not incur any danger in life or lands, or any political or ecclesiastical pains, for not observing the Book of Liturgy, Canons, Rules, Judicatories, and Proclamations ; but that it should be lawful for them to worship God according to His Word and Constitutions of the Church and Kingdom, &c. ; and it concluded with professions of loyalty, and a declaration that they only desired the preservation of the true reformed rehgion, and laws and liberties of the kingdom. A copy of this protestation was affixed to the Cross of Stirling. It was afterwards repeated at Linlithgow and Ed- inburgh, in the presence of seventeen Peers, and everywhere else where the proclamation was pub- lished. In these critical circumstances, and in order at once to guard themselves from the perils which were sure to overtake them individually if severed, and exposed at once to the obstinate displeasure of the King and the revenge of the prelates, the nobles resolved to consolidate their union by a solemn engagement, such as those which had been entered into by the Lords of the Congregation and first Protestants, in the dawn and during the progress of the Reformation in its earlier stages. -f- The positions in which they stood were similar ; and the example of the fathers and founders of the Pro- testant Church in Scotland, naturally prompted the Tables to imitation, independently of the ancient usage which existed in Scotland, of entering into " Bands" for mutual protection and support in troubled times. The model, however, which they had chiefly in view was a " Confession" framed imder the auspices and instructions of King James VI., in which the errors of Popery were abjured, and to which there was subsequently added a bond, or obligation, to maintain the true religion, and protect the King's person, as well as for the general defence, j: Ta ldng that document as the basis and • Burnet's Mem. 33 ; Baillie, i. 30-4 ; Hardwlek's State Papers, ii. 101. t 3d Dec. 1557. 31st May 1559. 27th April 1560 Vide Knox. t See Booke of the Universall Kirke, annis 1580- 1590. INTRODUCTION. 9 model of the Covenant, the leaders of the Presby- terians superadded to it an obligation to defend each other against all persons whatsoever, and a pointed denunciation of the innovations recently attempted to be forced upon the country. For the course thus adopted, they had precedents in the conduct of the first Reformers in that of King James himself, who had signed the " Confes- sion," and sought the signature of all his sub- jects—and in the terms of the early " bands" for mutual defence and maintenance of the re- formed doctrines. Nor is it necessary to resort to any casuistry to justify the adoption of such an engagement. Dr Cook justly remarks, that the vin- dication of the Covenant is to be rested " upon this great principle, that when the ends for which all government should be instituted are defeated, the oppressed have a clear right to disregard customary forms, and to assert the privileges without which they would be condemned to the degradation and wretchedness of despotism."* That such was the predicament in which the Church and people of Scotland were placed, by the reiterated proclamations and edicts issued by the King and the Scots Privy Council for several years prior to February 1838, and that these amounted to an unqualified assump- tion of arbitrary and absolute power, paramount to the authority of Parliament, and the sanctions of the ecclesiastical authorities established by law, are points which do not admit of the slightest doubt ; and no alternative remained but that the nobles, clergy, and people of Scotland, should combine, in the most constitutional manner that was practicable, for maintaining the law, and for mutual' defence, or tamely submit their necks to the yoke which most assuredly would have been permanently imposed on them by the base minions of a court, and an un- principled hierarchy. Whatever errors they subse- quently committed, and however much we may deplore the infatuation by which Charles was misled in urging his Scottish subjects into such decisive measures, no one who is versed in the elements of the British Constitution, or imbued with the spirit of genuine freedom, can hesitate to admit that, in adopting the Covenant, the people of Scotland were, at the time, not only fully justified, but were im- peratively constrained to do so by every motive which can influence Christians, patriots, and brave men. The most eminent lawyers of these times, too, declared their opinions that there was nothing in the Covenant inconsistent with loyalty to a con- stitutional sovereign ; nor has anything ever yet appeared, whether in the contemporary defences of the Court, or in the pages of more recent historians and critics, to shake the soundness of that opinion. Deviating from the practice of historians, who merely give an abstract and brief statement of the contents of the Covenant, we deem it more suitable and convenient, in a compilation like the present, to embody in this Introductory Sketch the entire docu- * Hist, of Ch. of Scot., vol. ii., p. 415. ment, as it appears in the authenticated records, and, therefore, have subjoined it, as deserving of the reader's attention, before proceeding to consider the events which followed its adoption. THE OK, CONFESSION OF FAITH OF THE KIRK OP SCOTLAND. " The Confession of Faith, subseribed at first hy the King's Mnjesly and his Houshold, in the yeere of God 1580 ; thereafter by Persons of all rankes, in the yeere 1581, by ordinance of the Lords of the Secret Councell, and Acts of the Generall Assembly ; subscribed againe by all sorts of persons in the yeere 1590, by a new Ordinance of Councell, at the desire of the Generall Assembly, with a generall Band for maintenance of the true Religion and the King's person ; and now subscribed in the yeere 1638 by us, Noblemen, Barons, Gentlemen, Bur- gessesj Ministers, and Commons under subscrib' ing, together with our resolution and pro- mises, for the causes after specified, to maintaine the said true Religion, and the King's Majes- tic, according to the Confession foresaid, and Acts of Parliament. The tenor whereof here followeth. " Wee All and every one of us underwritten. Pro- test, That, after long and due examination of our owne Consciences in matters of true and false Reli- gion, are now throughly resolved of the Truth, by the Word and Spirit of God, and, therefore, we beleeve with our hearts, confesse with our mouths, subscribe with our hands, and constantly affirm, before God and the whole World, that this only is the true Christian Faith and Religion, pleasing God, and bringing Salvation to man, which now is, by the mercy of God, revealed to the world by the preach- ing of the blessed Evangel. " And received, beleeved, and defended by many and sundry notable Kirks and Realmes, but chiefiy by the Kirk of Scotland, the King's Majestic, and the Three Estates of this Realme, as God's eternall Truth, and onely ground of our salvation ^ as more particularly is expressed in the Confession of our Faith, stablished and publikely confirmed by sun- dry Acts of Parlaments, and now, of a long time, hath been openly professed by the King's Majestic, and whole body of this Realme, both in Burgh and Land. To the which Confession and forme of Re- ligion wee willingly agree in our consciences in all points, as unto God's undoubted Truth and Verity, grounded onely upon his written Word. And, therefore, We abhorre and detest all contrarie Reli- gion and Doctrine ; but chiefly all kinde of Papistrie, 10 INTRODUCTION. in genera!! and particu!ar lieads, even as tliey are now damned and confuted by tlie Word of God and Kirk of Sooiland ; but, in special!, we detest and refuse tlie usurped autiioritie of tliat Roman Anticlirist upon tlie Scriptures of God, upon the Kirk, the civill Magistrate, and Consciences of men ; all his tyrannous lawes made upon indifferent things against our Christian libertie ; his erroneous Doctrine against the sufficiencie of the written Word, the perfection of the Law, the office of Christ and !iis blessed Evangel ; his corrupted Doctrine con- cerning original! sinne, our natural! inabilitie and re- bellion to God's law, our justification by faith onely, our imperfect sanctification and ohedienee to the law, the nature, number, and use of the holy Sacraments ; his five bastard Sacraments, with all his Rites, Cere- monies, and false Doctrine, added to the ministra- tion of the true Sacraments witliout the word of God ; hia cruel! judgement against Infants departing without the sacrament ; his absolute necessitie of Baptisme ; his blasphemous opinion of Transubstau- tiation, or real presence of Christ's body in tlie Ele- ments, and receiving of the same by the wicked, or bodies of men ; his dispensations with solemn oaths, perjuries, and degrees of JMarriage forbidden in the Word ; his ci-ueltie against the innocent divorced ; his divellish Masse ; liis blasphemous Priesthood ; his profane Sacrifice for the sins of the dead and the quick; his Canonization of men, calling upon Angels or Saints departed,worshippiDgof Imagerie, Relicks, and Crosses, dedicating of Kirlis, Altars, Dales, Vowes to creatures ; his Purgatorie, praiers for the dead ; praying or speaking in astrange language, with his Processions, and blasphemous Letanie, and mvUti- tude of Advocates or Mediators ; his manifold Orders, Auricular Confession ; his desperate and un- certaine repentence ; his general! and doubtsome faith ; his satisfactions of men for tlieir sins ; his jus- tification by works, opus operalum, works of superero- gation. Merits, Pardons, Peregrinations, and Sta- tions ; his holy Water, baptizing of Bels, conjuring of spirits, crossing, saning, anointing, conjuring, hal- lowingof God'sgood creatures, with tlie superstitious opinion joined therewith ; !iis worldly Monarchy, and wicked Hierarchie ; his three solemne vowes, with all his shavelings of sundry sorts ; his erroneous and bloudie decrees made at Trent, with all the sub- scribers and approvers of that cruell and bloudie Band conjured against the Kirk of God; and, finally, we detest all his vain Allegories, Rites, Signs, and Traditions brought in the Kirk, without or against the Word of God, and Doctrine of tliis true reformed Kirk ; to the which we joyne our selves willingly, in Doctrine, Faith, Religion, Discipline, and use of the Holy Sacraments, as lively members of the same in Christ our Head : promising and swearing, by the Great Name op the LORD oua GOD, tliat we sha!! continue in the obedience of the Doctrine and Discipline of this Kirk, and shall defend the same, according to our vocation and power, all the dayes of our lives, under the paines con- tained in the Law, and danger both of body and soule in the day of God's fearfuU Judgement ; and seeing that many are stirred up by Satan and that Romane Antichrist, to promise, sweare, sub- scribe, and, for a time, use the Holy Sacraments in the Kirk deceitfully, against their owne con- sciences, minding thereby, first, under the externall cloake of Religion, to cori-upt and subvert secretly God's true Religion within the Kirk, and afterward, when time may serve, to become open enemies and persecutors of the same, under vaine hope of the Pope's dispensation, devised against the Word of God, to his greater confusion, and their double con- demnation in the day of the LORD JESUS. " We, therefore, willing to take away all suspition of hypocrisie, and of such double dealing with God and his Kirk, Protest, and call The Searcher op ALL Hearts for witnesse, that our minds and hearts do fully agree with this our Confession, Promise, Oath, and Subscription, so that we are not moved for any worldly respect, but are perswaded onely in our Consciences, through the knowledge and love of God's true Religion, printed in our hearts by the Holy Spirit, as we shall answer to Him in the day when the secrets of all hearts shall be disclosed ; and because we perceive, that the quietnesse and stability of our Religion and Kirk doth depend upon the safety and good behaviour of the King's Ma- jestic, as upon a comfortable instrument of God's mercy granted to this Country, for the maintaining of his Kirk, and ministration of Justice amongst us ; we protest and promise with our hearts, under the same Oath, Hand-writ, and paines, that we shall defend his Person and Authority with our goods, bodies, and lives, in the defence of Christ his Evan- gel, Liberties of our Countrey, ministration of Just- ice, and punishment of iniquity, against all enemies within this Realme or without, as we desire our God to be a strong and mercifuU Defender to us in the day of our death, and comming of our LORD JESUS CHRIST ; to whom, with the Father, and the Holy Spirit, be all honour and gloria eternally. " Like as many Acts of Parlament, not onely in generall doe abrogate, annuU, and rescind all Lawes, Statutes, Acts, Constitutions, Canons, civill or Munieipall, with all other Ordinances, and prac. ticke penalties whatsoever, made in prejudice of the true Religion, and Professours thereof; or of the true Kirk discipline, jurisdiction, and freedome thereof; or in favours of Idolatrie and Superstition, or of the Papisticall Kirk : As Act 3, Act 31, Pari. 1, Act 23, Pai-1. 11, Act 114, Pari. 12. of King James the Sixt. That Papistrie and Superstition may be utterly suppressed, according to the inten- tion of the Acts of Parlament, reported in Act 5, Pari. 20, K. James 6. And, to that end, they or- daine all Papists and Priests to be punished by manifold Civill and Ecclesiasticall paines, as adversa- ries to God's true Religion, preached and by law established witliin this Realme, Act 24, Pari. 1 1 K. James 6, as common enemies to all Christian government. Act 18, Pari. 16, K. James 6 as rebellers and gainstanders of our Soveraigue INTRODUCTION. 11 Lord's authoritie, Act 47, Pari. 3, K. James 6, and as Idolaters, Act 104, Pari. 7, K. James 6 ; but also in particular, (by and attour the Confes- sion of Faith,) do abolish and condemne the Pope's authoritie and jurisdiction out of this land, and ordaiues the maintainers thereof to be punished. Act 2, Pari. 1, Act 51, ParL 3, Act 106, Pari. 7, Act 114, Pari. 12, K. James 6, doe condemne the Pope's erroneous doctrine, or any other erro- neous doctrine repugnant to any of the Articles of the true and Christian Religion, publikely preached, and by Law established in this Eealme ; and or- daines the spreaders and makers of Books or Libels, or Letters, or writs of that nature, to be punished. Act 46, Pari. 3, Act 106, Pari. 7, Act 24, Pari. 11, K. James 6, doe condemne all Baptisme conform to the Pope's kirk, and the idolatry of the Masse ; and ordaines all sayers, wilful! hearers, and concealers of the Masse, the maintainers and resetters of the Priests, Jesuits, traffiquing Papists, to be punished without any exception or restriction. Act 5, Pari. 1, Act 120, Pari. 12, Act 164, Pari. 13, Act 193, Pari. 14, Act 1, Pari. 19, Act 5, Pari. 20, K. James 6, doe condemne all elrroneous books and writs containing erroneous doctrine against the Re- ligion presently professed, or containing supersti- tious Rites and Ceremonies Papisticall, whereby the people are greatly abused, and ordaines the home- bringers of them to be punished, Act 25, Pari. 1 1, K. James 6, doe condemne the monuments and dregs of bygane Idolatrie, as going to Crosses, observing the Festirall dayes of Saincts, and such other supersti- tious and Papisticall Rites, to the dishonour of God, contempt of true Religion, and fostering of great errour among the people, and ordaines the users of them to be punished for the second fault, as Idola- ters, Act 104, Pari. 7, K. James 6. " Like as many Acts of Parlament are conceived for maintenance of God's true and Christian Reli- gion, and the puritie thereof in Doctrine and Sacra- ments of the true Church of God, the libertie and freedome thereof, in her Nationall Synodall Assem- blies, Presbyteries, Sessions, Policie, Discipline, and Jurisdiction thereof, as that puritie of Religion, and libertie of the Church was used, professed, ex- ercised, preached, and confessed, according to the reformation of Religion in this realme : As, for in- stance. Act 99, Pari. 7, Act 23, Pari. 11, Act 114, Pari. 12, Act 160, Pari. 13, K. James 6, ratified by Act 4, K. Charles. So that Act 6, Pari. 1, and Act 68, Pari. 6 of K. James 6, in the yeare of God 1679, declares the Minis- ters of the blessed Evangel, whom God, of his mercie, had raised up, or hereafter should raise, agreeing with them that then lived in Doctrine and administration of the Sacraments, and the people that professed Christ, as he was then offered in the Evangel, and doth communicate with the holy Sacraments, (as in the Reformed kirkes of this Realme they were presently administrate,) according to the Confession of Faith, to be the true and holy kirk of Christ Jesus within this Realme, and discernes and declares all and sundrie, who either gainsayes the Word of the Evangel, received and approved as the heads of the Confession of Faith, professed in Parlament in the yeare of God 15G0 ; specified also in the first Pa,rlament of K. James 6, and ratified in this present Parlament, more particularly do specific; or that refuses the administration of the holy Sacraments, as they were then ministrated, to be no members of the said kirk within this Realme, and true Religion presently professed, so long as they keepe themselves so divided from the societie of Christ's bodie : And the subsequent Act 69, Pari. 6, K. James 6, de- clares. That there is no other face of Kirke, nor other face of Religion, then was presently at that time, by the favour of God, established within this Realme, which, therefore, is ever stiled God's true Religion, Christ's true Religion, the true and Christian Religion, and a perfect Religion. Which, by manifold Acts of Parlament, all within this Realme, are bound to professe to subscribe the articles thereof, the Confession of Faith, to re- cant all doctrine and errours repugnant to any of the said Articles, Act 4 and 9, Pari. 1, Act 45, 46, 47, Pari. 3, Act 71, Pari. 6, Act. 106, Pari. 7, Act 24, Pari. 11, Act 123, Pari. 12, Act 194 and 197, Pari. 14, of K. James 6. And all Magis- trates, Sheriffes, &c., on the one part, are ordained to search, apprehend, and punish all contraveeners ; for instance, Act 5, Pari. 1, Act 104, ParL 7, Act 25, Pari. 11, K. James 6. And that, notwith- standing of the King's Majestie's licences on the contrary, which are discharged and declared to be of no force, in so farre as they tend in any wayes to the prejudice and hinder of the execution of the Acts of Parlament against Papists and adversaries of true Religion, Act 106, Pari. 7, K- James 6; on the other part, in the 47 Act, Pari. 3, K. James 6, it is declared and ordained, seeing the cause of God's true Religion and his Highnesse Authority are so joyned, as the hurt of the one is common to both ; and that none shall be reputed as loyall and faithfuU subjects to our Soveraigne Lord, or his Authority ; but be punishable as rebellers and gain- standers of the same, who shall not give their Con- fession, and make their profession of the said true Religion ; and that they who, after defection, shall give the Confession of their faith of new, they shall promise to continue therein in time comming, to maintaine our Soveraigne Lord's Authoritie, and at the uttermost of their power to fortifie, assist, and maintaine the true Preachers and Professours of Christ's Religion, against whatsoever enemies and gainstanders of the same : and, namely, against all such of whatsoever nation, estate, or degree they be of, that have joyned and bound themselves, or have assisted, or assists, to set forward and execute the cruell decrees of Trent, contrary to the Preachers and true Professours of the Word of God, which is repeated word by word in the Articles of Pacifica- tion at Pearth, the 23d of February 1572, approved by Parlament the last of Aprill 1573, ratified in 12 INTRODUCTION. Parlament 1578, and related, Act 123, Pari. 12 of K. James 6, with this addition. That they are bound to resist all treasonable uproares and hostiUties raised against the true Religion, the King's Majes- tie, and the true Professours. " Like as all lieges are bound to maintain the K. Majestie's Royal Person and authority, the authority of Parlaments, without the which neither any laws or lawful judicatories can be established, Act 130, Act 131, Par. 8, K. Ja. 6, and the subjects' liberties, who ought only to live and be governed by the King's lawes, the common lawes of this Realme allanerly, Act 48, Pari. 3, K. James 1, Act 79, Pari. 6, K. James 4, repeated iu Act 131, Pari. 8, K. James 6 ; which, if they be innovated or prejudged, the Commission anent the union of the two Kingdomes of Scotland and England, which is the sole. Act of the 17 Pari, of K. James 6, de- clares such confusion would ensue, as this Realme could be no more a free Monarchic, because by the fundamental! lawes, ancient priviledges, offices, and liberties of this kingdome, not onely the Princely authoritie of his Majestie's royal discent hath bin these manie ages maintained, but also the people's securitie of their lands, livings, rights, offices, liber- ties and dignities preserved ; and, therefore, for the preservation of the said true Religion, Lawes, and Liberties of this Idngdome, it is statute by Act 8, Pari. 1, repeated in Act 99, Pari. 7, ratified in Act 23, Pari. 11, and 114 Act of K. James 6, and 4 Act of K. Charles, That all Kings and Princes at their Coronation and reception of their princely authori- tie, shall make their faithful! promise by their so- lemn oath in the presence of the eternall God, that enduring the whole time of their lives, they shall serve the same eternall God, to the uttermost of their power, according as he hath required in his most holy Word, contained in the Old and New Testaments. And according to the same Word, shall maintain the true Religion of Christ Jesus, the preaching of his holy Word, the due and right ministration of the Sacraments, now received and preached within this Realme, (according to the Confession of Faith immediately preceding,) and slial! abolish and gain- stand all false Religion, contrarie to the same, and shall rule the people committed to their charge, according to the will and command of God, revealed in his foresaid Word, and according to the lowable lawes and constitutions received in this Realme, no waies repugnant to the said will of the eternal! God, and shall procure, to the uttermost of their power, to the kirk of God, and whole Christian people, true and perfit peace in all time oomming ; and that they shall be carefuU to root out of their Empire all Hereticks, and enemies to the true worship of God, who shall be convicted by the true kirk of God of the foresaid crimes ; which was also observed by his Majesty at his Coronation in Edinburgh 1633, as may be scene in the order of the Coronation, " In obedience to the commandement of God, con- form to the practice of the godly in former tunes, and according to the laudable example of our worthy and religions Progenitors, and of many yet hvmg amongst ns, which was warranted also by Act ot Councell, commanding a general! Band to bee made and subscribed by his Majestie's subjects ol all ranks, for two causes : One was, for defendmg the true Religion, as it was then reformed, and is ex- pressed in the Confession of Faith above written, and a former large Confession established by sun- drie Acts of lawful! General! Assemblies and oi Parlament, unto which it hath relation set downe in publicke Cathechismes, and which had beene for many yeeres, with a blessing from heaven, preached and professed in this Kirk and Kmgdome, as God's undoubted truth,- grounded onely upon his written Word : The other cause was, for maintam- ing the King's Majestic his Person and Estate; the true worship of God, and the King's authoritie being so straightly joyned, as that they had the same friends and common enemies, and did stand and fall together. And, finally, being convinced in our minds, and confessing with our mouthes, that the present and succeeding generations in this Land, are bound to keep the foresaid national! Oath and subscription inviolable. Wee Noblemen, Barons, Gentlemen Burgesses, Ministers, and Commons un- der subscribing, considering divers tunes before, and especially at this time, the danger of the true re- formed Religion, of the King's honour, and of the publicke peace of the Kingdome, by the manifold innovations and evils generally contained and par- ticularly mentioned iu our late supplications, com- plaints, and protestations, doe hereby professe, and, before God, his Angels, and the World, solemnely declare, That, with our whole hearts wee agree and resolve all the dales of our life constantly to adhere unto, and to defend the foresaid true Religion, and forbearing the practice of all novations already in- troduced in the matters of the worship of God, or approbation of the corruptions of the publick Govern- ment of the Kirk, or civil! places and power of Kirlcmen, till they bee tryed and allowed in free Assemblies, and in Parlaments, to labour by all meanes lawful! to recover tlie purity and libertie of the Gospel, as it was established and professed be- fore the foresaid novations : And because, after due examination, we plainly perceive, and undoubt- edly beleeve, that the Innovations and evils con- tained in our Supplications, Complaints, and Pro- testations have no warrant of tlie Word of God, are contrary to the Articles of the foresaid Confessions, to the intention and meaning of the blessed Re- formers of Religion in this Land, to the above writ- ten Acts of Parlament, and doe sensibly tend to the re-establishing of the Popisli Religion and tyranny, and to the subversion and mine of the true Reformed Religion, and of our Liberties, Lawes, and Estates. We also declare, that the foresaid Confessions are to bee interpreted, and ought to be understood of the foresaid novations and evils, no lesse then if everie one of them had beene expressed in tlie foresaid Confessions ; and that wee are obliged to detest and abhorre them, amongst other particular heads of INTRODUCTION. 13 Papistrie abjured therein. And, therefore, from the knowledge and conscience of our dutie to God, to our King and countrey, without any worldly respect or inducement, so farre as humane infirmi- tie will suffer, wishing a further measure of the grace of God for this effect. We promise and sweare, by the Great Name of the LORD cub GOD, to continue in the Profession and Obedience of the fore- said Religion : That we shall defend the same, and resist all these contrarie errours and corruptions, according to our vocation, and to the uttermost of that power that God hath put in our hands, all the dayes of our life : And, in like manner, with the same heart, we declare before God and Men, That wee have no intention nor desire to attempt anything that may turne to the dishonour of God, or to the diminution of the King's Greatnesse and authoritie : But, on the contrarie, wee promise and sweare, that wee shall, to the uttermost of our power, with our meanes and lives, stand to the de- fence of our dread Soveraign, the King's Majestic, his person and authoritie, in the defence and pre- servationof the foresaid true Religion, Liberties, and Lawes of the Kingdome : As, also, to the mutuall defence and assistance, everie one of us of another in the same cause of maintaining the true Religion, and his Majestie's authoritie, with our best counsell, our bodies, meanes, and whole power, against all sorts of persons whatsoever. So that, whatsoever shall be done to the least of us for that cause, shall be taken as done to us all in generall, and to everie one of us in particular. And that wee shall neither directly nor indirectly suffer ourselves to be divided or withdrawn by whatsoever suggest- tion, combination, allurement, or terrour, from this blessed and loyall conjunction, nor shall cast in any let or impediment that that may stay or hinder any such resolution, as by common consent shall be found to conduce for so good ends. But, on the contrarie, shall, by all lawfull meanes, labour to further and promove the same ; and if any such dangerous and divisive motion be made to us by word or writ, wee, and everie one of us, shall either suppresse it, or, if need be, shall incontinent make the same known, that it may bee timeously obviated ; neither do we feare the foule aspersions of rebellion, combination, or what else our adversaries, from their craft and mahce would put upon us, seeing what we do is so well warranted, and ariseth from an unfained desire to maintaine the true worship of God, the majestie of our King, and the peace of the Kingdome, for the common happinesse of ourselves and posteritie. And because we cannot look for a blessing from God upon our proceedings, ex- cept with our profession and subscription we joyne such a life and conversation, as beseemeth Christ- ians, who have renewed their Covenant with God ; Wee therefore faithfully promise, for ourselves, our followers, and all others under us, both in publicke, in our particular families and personall carriage, to endevour to keep ourselves within the bounds of Christian libertie, and to be good examples to others of all Godlinesse, Sobernesse, and Righteousness, and of everie dutie we owe to God and Man. And that this our Union and Conjunction may bee observed without violation, we call the living God, the Searcher of our Hearts, to witnesse, who knoweth this to be our sincere Desire, and unfained Resolution, as wee shall answer to JESUS CHRIST in the great day, and under the paine of God's everlasting wrath, and of infamie, and of losse of all honour and respect in this World. Most humblie beseeching the LORD, to strengthen us by his Holy Spirit for this end, and to blesse our desires and proceedings with a happie success, that Religion and Righteous- nesse may flourish in the land, to the glorie of God, the honour of our King, and peace and comfort of us all. In witnesse whereof we have subscribed with our hands all the premisses," &c. After much deliberation, and the reconcilement of many scruples of conscience and difficulties among the various classes of Presbyterians, this elaborate and solemn compact and vow was publicly promul- gated, and, for the first time, sworn in Edinburgh, on the 28th of February 1638.* An immense con- course of spectators assembled in the Greyfriars' church and churchyard, at an early hour, on the morning of that day ; and at two o'clock, Rothes and Loudon of the nobility, Henderson and Dickson of the clergy, and Johnston, their legal adviser, arrived with the Covenant ready for signature. Henderson began the solemnities of the day with prayer, and Loudon followed in an oration of great courage and power ; after which, about four o'clock, the Earl of Sutherland was the first to step forward and inscribe his name on the Covenant ; and he was immediately followed by Sir Andrew Murray, a minister at Abdy in Fife, and all who were within the church ; after which it was laid out on a flat gravestone in the churchyard, and signed, till the parchment was full, by persons of all ranks, sexes, and ages, with uplifted hands, and consecrated by solemn invocations to heaven, and with such de- monstrations of enthusiasm as it is difficult, in these latter times, to imagine. It was a day, as piously and eloquently described by Henderson, in which the people in multitudes offered themselves to the service of Heaven " like the dew drops,in the morn- ing" " wherein the arm of the Lord was re- vealed"— and " the Princes of the people assembled to swear allegiance to the King of kings." These impressive proceedings did not terminate till nine o'clock in the evening ; but the next day copies * Both Mr Lainf? and Dr Cook say it was the 1st of March, (on the authority, perhaps, of Guthrie and Stevenson,) but Rothes' Relation, and the minutes of the subsequent Assembly, shew that it was in Feb- ruary. It is much to be regretted that Burnet, Baillie, and other etooniolers, and even later histo- rians, are not sufficiently attentive to dates ; and this carelessness in chronology often occasions great per- plexity, and leads to much confusion of events in their narratives. 14 INTRODUCTION. of the Covenant were laid open through the city and signed, with very few exceptions, by all the people. They were transmitted through all the provincial towns and parishes ; and, unless, by a few at St Andrew's, Aberdeen, and Glasgow, the Covenant was hailed with mingled emotions of devotion and patriotism, such as, perhaps, never either before or since pervaded any nation with such simultaneous unanimity. Its spirit spread far and wide over the land like fire over its heath-clad hills, penetratingthe shadows which brooded in the firmament ; and, as the fiery cross was wont to be the signal for array in feudal strife, it summoned the sons of the hill and the dale to prepare their swords, should these be needed, for combat in a holier cause — subduing, with unex- ampled power, the hereditary feuds of hostile clans, and combining the whole nation into one mighty phalanx of incalculable energy. It is unnecessary, in this place, to trace all the turnings and windings of the tortuous policy by which, after this decisive demonstration of physical, as well as of moral strength. King Charles and his abettors endeavoured, for some months, to brealc down this great combination. Every variety of in- trigue, and every artifice for procrastination, was employed to divide the Covenanters, and quell the spirit which had thus been evoked by his arbitrary proceedings ; and the duplicity of Charles, in hold- ing forth terms of accommodation, while he was pre- paring to crush Scotland by force of arms, is a fact fully demonstrated by many documents of unques- tionable authenticity, which leaves one of the deepest stains that still rest on the memory of that mis- guided and unfortunate monarch. On one occasion when the Marquis of Hamilton came from Court, on a pretended amicable mission as the King's Commissioner, he was received at his entrance by 60,000 of his Majesty's Scottish subjects, includ- ing nearly all the nobility, gentry, and 600 clergy- men, in a body, whose line extended from Mussel- burgh to the outskirts of the MetropoUs ; presenting a spectacle which moved the Commissioner even to tears, and drew from him a wish that his monarch had but witnessed such a host of his subjects, seek- ing only the enjoyment of their civil and religious liberties. After many ineffectual attempts, by intimidation and artifice, to dissolve this league, and to break asunder the ties by which the Covenanters were bound together — after issuing new proclamations for the enforcement of the Liturgy, and the rotten Episcopacy of Scotland, and again in trepidation recalling these — after attempting, by a revival of the Covenant and Confession of the former reign, with hollow and equivocal terms mtermixed with it, to counteract the National Covenant — and, after essaying to beguile the Covenanters by conceding to them a General Assembly of the Church and a Parliament, fettered, however, with such conditions as would have rendered these but a repetition of the corrupt and packed assemblages which, from 1606 to 1618, inclusive, had, under the management of his father, subverted the law of the land and the liberties of the Church— Charles was at length constrained to bow before a spirit which he could neither quell nor conquer. Hamilton, after various journeys betwixt the Court and Scotland, at last arrived at Dalkeith on the 15th of August ; and, after anxious consultations with the Privy Council during several days, that body, with the royal sane- tion, at length abandoned the policy which he had endeavoured to enforce, and two acts were pro- claimed — the one indicting a General Assembly at Glasgow on the 2Ist of November following, and another summoning a Parliament to be held at Edinburgh on the 15th of May 1639 ; and, at the same time, a declaration by the King was proclaimed, discharging the use of the Service Book, Books of Canons, High Commission, and Articles of the Perth Assembly — ordaining free entry to ministers, and subjecting the bishops to the jurisdiction of the General Assembly. A sort of amnesty also was passed, and a fast appointed to be held, on the four- teenth day before the Assembly, for a peaceable end to the distractions of the country.* And thus the people of Scotland achieved a vin- dication of theu" laws and hberties, without one human life being sacrificed, or one drop of blood being shed ; and, after years of deep dissimulation, was Charles constrained, by a great national con- federacy, to yield in the end, all that his subjects had required at his hands as their sovereign. The confiict, however, was not yet terminated, and it continued, with many varieties of fortune, through future years. But the purpose for which the pre- ceding narrative has been given being attained, it would be premature to prosecute these historical details further at present. Such a preliminary statement, however, appeared to be necessary, in order to clear the way for the Proceedings of the first General Assembly of the Church which had taken place duringthe long space of thirty-six years ; for, although there had been six nominal assemblies during that interval,-|- these were so overborne by royal interference, and illegal and unwarrantable intrusions, that they were all essentially illegal, and were afterwards held to be nuU and void for ever. In bringing the Proceedings of the Assembly 1638, under the reader's notice, it is deemed ex- pedient to do so by embodying in these pages a very interesting account of the meeting of the As- sembly, from the Journals of Principal Baillie, who was a member of it, and whose volumes, refer- able to those times, are considered of the highest authority by all succeeding historians. His account of the Assembly, up to the time that the Court was constituted by the election of a Moderator and Clerk, is all that is meant to be given in this place. " Notwithstanding the indiction," says Baillie " our hopes were but slender ever to see the downsit- * Vide these in Notes upoij the Assemblv 1638 + 1606, 1608, 1610, 1616, 1617, 1618. INTRODUCTION. 15 ting of our passionately-desired Assembly with the Commissioner's consent ; for daily he found himself more and more disappointed in his expectation to ob- tain these things which it seems he put the King in hopes might be gotten. Episcopacy to be put in place of safety, above the reach of the Assembly's hand, was now seen to be impossible, if his engines for this purpose, by the skill of his party, was turned back upon him. The Council had subscribed the King's Covenant, as it was exponed at the first in the 1581 year. His declaration, that Episcopacy was then in our Church, and will, that the Assembly should be discharged to meddle iu the trial of this matter, could not be gotten concluded in . a Council act. Sundry of the Lords of the Session being required to subscribe the Covenant in that his sense, re- fused ; with a protestation, that the exposition of these parts which might make for or against Epis- copacy, should be referred to the determination of the ensuing Assembly. Noblemen and ministers did not dissemble their mind iu their discourse of the unlawfulness, at least the inexpediency, of this of- fice iu our Church, and so their design by any means to have it presently put down. This put his Grace in great perplexity ; for he conceived, as some said, by the words and writs of sundry of our nobles of chief respect, that the Assembly might have been gotten persuaded to establish, at least to permit, or pass by untouched, that office : when the contrary appeared, he was at a nonplus ; for his instructions had made the place of bishops a noli me tangere ; but their persons were permitted to the doom of the severest mouth among us, where their miscarrying had required censure. His next disappointment was in the matter of the Covenant. He thought to have gotten the King's Covenant universally subscribed, and ratified hereafter in the Assembly ; so that the other, which had been sub- scribed by us before, might be quietly, without any infamous condemning of it, suppressed and buried. But far above and against all his thoughts, that Covenant was universally refused; and, among these few that put their hands to it, divers avowed their mind, in all things, to be the same with those who had sworn the first. The missing of this in- tention increased his Grace's malcontentment. In two other designs also he found himself much de- ceived. He thought, an act for the freedom of the practice of Perth Articles, might have contented us ; and without condemning the matters them- selves, before the Parliament by supplication had been brought to the casing of the standing law ; but an universal inclination appeared in all to have the things themselves tried without delay, and acts pre- sently found anent them, as their nature required. Sicldike his instructions carried him to the removal of the high commission, books of canons, ordination, service, but to reason or condemn anything con- tained in any of them, which might have reflected against any public order, or anything practised or allowed by my Lord of Canterbury and his followers, In England or elsewhere. We in no case could be content, except we were permitted to examine all that were in these books, their matter now being the avowed doctrine of many in our Church ; and .since we found the articles of Arminius, with many points of the grossest Popery, in the books, sermons, and discourses of our bishops and ministers, we were resolved to have these doctrines censured as they deserved, without any sparing with respect to any person who maintained them. " The Commissioner, finding himself mistaken in all these, and many more of his designs, was afraid to labour to discharge the Assembly before it began, or at least to mar it so, if it sat down, that it should do no good. We referred to this intention his dili- gence to find subscribers to protestations against the assembly. We heard by our opposites of huge num- bers of thir ; yet when it came to the proof, there were but few who could be moved to put their hands to such an act ; yea, not one who durst avow it, and reason the lawfulness of their deed. Some twenty hands at most were at the bishops' declinature oppo- site to our covenant. A few others, especially eight of the Presbytery of Glasgow, (who, to the Commis- sioner's great discontent, refused to adhere,) made forms of protestations by themselves ; but to no purpose. From this same intention, we alleged, fiowed the putting to the horn, some days before our sitting, all these commissioners of the nobles, gentry, ministers, who, for any civil cause or pretence, could be gotten denounced, that so the synod should be deprived of many members. This practice was so new, and so strong reasons given in, why this kind of horning should hinder none from voicing in a synod, that no use was or durst be made of any such exception ; only the Treasurer's good-will, by the invention, was collected to be but small toward our cause. A proclamation also was made, that none should come to the place of the Assembly but such as were members ; and that in a peaceable manner. We protested, all might come who had interest, of party, witnesses, voters, assessors, complainers, or whatever way ; and that every man might come with such retinue and equipage as the Lords of Council should give example. " These, and many more occurrences, put us in a continual fear of the Assembly's discharge ; yet the King's word was engaged so deeply, proclamations, publick fastings at his command, had already past ; and mainly the King's thought, that the inserting what he had granted, anent the service-book, canons, and Perth articles, in the Assembly's books, would give some contentment to the people, and disengage his promise of an assembly, though nothing more should be granted : these, and such considerations, made the Assembly sit down, contrary to all our fears, and a fair face to be made for a while by the Commissioner, as if he intended nothing else, and confidently expected his sitting till all questiens should be peaceably decided for the content of all. "On Friday, the 1 6th of November, we in the west, as were desired, came to Glasgow ; our noblemen, especially Eglinton, backed with great numbers of 16 INTRODUCTION. friends and vassals. We were informed, that the Commissioner and counsellors were to take up the town with a great number of their followers. So the nearest noblemen and gentlemen were desired to come in that night well attended. The town expected and prorided for huge multitudes of people, and put on their houses and beds excessive prices ; but the diligence of the magistrates, and the vacancy of many rooms, quickly moderated that excess. 'We were glad to see such order, and large provision, above all men's expectation ; for which the town got much thanks and credit. It can lodge easily, at once, Council, Session, Parliament, and General Assembly, if need should require. " On Saturday most of our eastland noblemen, barons, and ministers, cjime in. In the afternoon, the Lord Commissioner with most of the council came. The Earls of Rothes, Montrose, and many of our folks, went out to meet his Grace. Much good speech was among them ; we protesting, that we would crave nothing but what clear scripture, reason, and law, would evince. His Grace assured nothing reasonable should be denied. On Sunday afternoon, some of the wisest of the ministry consulted upon the ordering of affairs. For myself, I resolved not to be a meddler in anything. I was well lodged. I had brought in a trunk full of my best books and papers. I resolved to read and write, and study as hard as I could all incident questions. On Mon- day the ministry met in three divers places ; for no one private place could contain us. Out of every meeting three were chosen, nine in all, to be privy to hear references from the nobility, barons, burrows, to ripen and prepare what was to be proponed in pubHo. We laid it on Mr Alexander Somervail, an old half-blind man, sore against his heart, to preach on Tuesday. He did pretty well. He insisted at length on the extirpation of all bishops, little to the contentment of some, but greatly to the mind of the most. Our privy consultation was about the clerk and the moderator. We were somewhat in sus- pense about Mr Alexander Henderson. He was incomparably the ablest man of us all for all things. We doubted if the moderator might be a disputer ; we expected then much dispute with the bishops and Aberdeen doctors. We thought our loss great, and hazardous to lose our chief champion, by making him to be a judge of the party ; yet at last, finding no other man who had parts requisite to the present moderation, (for in Messrs Eamsay, Dick, Adam- son, Pollock, Cant, Livingston, Bonner, Cunning- ham, there were some things evidently wanting,) we resolved that Mr Henderson of necessity be- hoved to be the man. Mr Johnston to us all was a nonsuch for a clerk. " In the afternoon, Rothes, with some commis- sioners, went to the Commissioner, shewing, that the custom of our Church was, to begin her Assem- blies with solemn fastmg ; also, that in absence of the former moderator, the oldest minister of the bounds or moderator of the place, used to preach, and moderate the action till another be chosen ; that old Mr John Bell, for the reverence of his person, let be the other considerations, was meet to begin so great an affair. His Grace agreed presently to the fast. To the other motion he shewed, that it was his place to nominate the preacher to begin the action ; that he knew none more worthy of that honour than the man they named ; that he should think upon it. After an hour, he sent Dr Balcan- qual to Mr John, desiring him to preach on the Wednesday, and moderate till another was chosen. On Tuesday after sermon the fast was intimated, and preaching in all the churches to-morrow. In the afternoon, we, in onr meeting, appointed preach- ers for all the churches, as we did so long as we re- mained in town, for we took it to be our place. However, Mr John Maxwell refused to lend his pulpit to any so long as the Commissioner staid ; and craved of his Grace, that none might come there but himself. So for the two first Sundays, before and after noon, Mr John took the High Church, and preached after his fashion, nothing to the matter in hand, so ambiguously that himself knew best to what side he inclined. I moved in our meeting, that in our advertisements, at least, we might follow the course of Dort, the commissioners from one presbytery should have their ordinary meetings to advise together of any matter of importance ; for there were five from every presbytery, three minis- ters, one from the shire and one from the burgh, which might help one another in consideration. This was applauded. But when we came to the action, this and sundry other good overtures could not be got followed. Every man behoved to do for himself. Private association could not be gotten kept. We intended to have had sermon in the afternoon, where we were, in the great church, and so' to have delayed the opening of the synod till the morrow ; but danger being found in law to delay the synodto another day than the lung had appointed,'we resolved to let the people continue in their humilia- tion in the other churches ; but presently after ser- mon in the morning, we, the members of the synod, thought meet to begin our business. "1. On Wednesday, the 21st of November, with much ado could we throng into our places, an evil which troubled us much the first fourteen days of our sitting. The magistrates, with their town- guard, the noblemen, with the assistance of the gentry, whilst the Commissioner in person, could not get us entry to our rooms, use what force, what policy they could, without such delay of time and thrustmg through, as grieved and offended us. Whether this evil be common to all nations at all public confluences, or if it be proper to the rude- ness of our nation alone, or whether in thir late times, and admiration of this new reformation, have at all publick meetings stirred up a greater than ordinary zeal in the multitude to be present for hearing and seeing, or what is the special cause of this irremediable evil, I do not know ; only I know my special offence for it, and wish it remeided above any evil that ever I knew in the service of God INTRODUCTION. 17 among us. As yet no appearance of redress. It is here alone, I think, we might learn from Canter- bury, yea, from the Pope, yea, from the Turks or Pagans, modesty and manners ; at least their deep reverence in the house they call God's, ceases not till it have led them to the adoration of the timber and stones of the place. We are here so far the other way, that our rascals, without shame, in great numbers, makes such din and clamour in the house of the true God, that if they minted to use the like behaviour in my chamber, I would not be content till they were down the stairs. " When, with great difficulty, we were *t down, the Commissioner in his chair of state ; at his feet, before, and on both sides, the chief of the Council — the Treasurer, Privy Seal, Argyle, Marr, Murray, Angus, Lauderdale, Wigton, Glencairn, Perth, Tullibardine, Galloway, Haddington, Kinghorn, Register, Treasurer - Depute,^ Justice-General, Amont, Justice-Clerk, Southesk, LinUthgow, Dal- ziel, Dumfries, Q,ueensberry, Belhaven, and more ; at a long table in the floor, our noblemen and barons, elders of parishes. Commissioners from Presbyteries, Rothes, Montrose, Eglinton, Cassils, Lothian, Wemyss, Loudon, Sinclair, Balmerino^ Burleigh, Lindsay, Tester, Hume, Johnston, Keir, Auldbar, Sir William Douglas of Cavers, Durie, younger, Lamington, Sir John Mackenzie, George Gordon, Philorth, Tairie, Newton. Few Barons in Scotland of note but were either voters or assessors, from every burgh, the chief burghs ; from Edin- burgh, James Cochran and Thomas Patersou ; from all the sixty-three Presbyteries, three Com- missioners, except a very few ; from all the four Universities, also, sitting on good commodious forms, rising up five or six degrees, going round about the low long table. A little table was set in the middle, foment the Commissioner, for the Moderator and Clerk. At the end, an high room, prepared chiefly for young noblemen, Montgomery, Fleming, Boyd, , Areskine, Linton, Creichton, Livingston, Ross, Maitland, Drumlanrig, Drummond, Keir, Elcho, and sundry more, with huge numbers of people, ladies, and some gentlewomen, in the vaults above. Mr John Bell had a very good and pertinent ser- mon, sharp enough against our late novations and Episcopacy. The pity was, the good old man was not heard by a sixth part of the beholders. That service ended, Mr John came down to the little table, began the Synod with hearty prayer ; which I seconded with affectionate tears, and many more, I trust, with me. My Lord gave in his commission to Mr Thomas Sandilands, as deputed by his father, Mr J. Sandilands, commissar of Aberdeen, clerk to the last General Assembly. His Grace harangued none at all, as we expected he would. We found him oft, thereafter, as able to have spoken well what he pleased, as any in the house. I take the man to be of a sharp, ready, solid, clear wit ; of a brave and masterly expression ; loud, distinct, slow, full, yet concise, modest, courtly, yet simple and natural language. If the King have many such men, he is a well-served Prince. My thoughts of the man before that time, were hard and base ; but a day or two's audience wrought my mind to a great change towards him, which yet remains, and ever will, till his deeds be notoriously evil. His commission was in Latin, after a common, legal, and demi-barbar- ous style ; ample enough for settling all our dis- orders, had not a clause containing instructions made it to restrict and serve ill. I have not yet got the copy. After this, our commissions were given in to the Moderator and Clerk, for the time, almost every one in the same tenor and words, containing a power from the Presbytery to the three ministers and one elder, to reason, vote, and conclude, in their name, in all things to be proponed, according to the word of God, and the Confession of Faith of the Church of Scotland, as we shall be answerable to God and the Church. The Presbyteries, Burghs, Universities, were called after the order of some roll of the old Assemblies, not of the latter. This was the labour of the flrst day. " 2. On Thursday, the second diet, we had no scant of protestations ; more than a round dozen were enacted. After long delay, and much thronging, being set in our places, the Moderator, for the time, offered to my Lord Commissioner a leet, whereupon voices might pass for the election of a new Mode- rator. Here arose the toughest dispute we had in all the Assembly. His Grace, the Treasurer, Sir Lewis Stewart, (for, after the rencomiter I wrote of at the Council table, the Advocate's service was no more required, but Sir Lewis used in his room,) reasoning and pressing with great eagerness, that, in the first place, before any Synodical action, the commissions might be discussed, lest any should voice as Commissioners whose commission was null, at least not tried to be valid. This was a ready way to turn the Assembly upside down, and to put us in a labyrinth inextricable: for, before the constitu- tion of the Synod, the Commissioner would have so drawn in the deepest questions — such as the power of elders, the state of ministers censured by Bishops, and many moe, which himself alone behoved to determine, no Assembly being constitute for the dis- cussion of any question. Against this motion, as rooting up all possibility ever to settle any Assembly, but at the Commissioner's simple discretion, Rothes, Loudon, (Balmerino, through all the Assembly re- solved to be well near mute,) Dickson, Livingston, Henderson, reasoned, that custom, equity, and necessity, did enforce the chusing a moderator and clerk before the commissions be discussed, or any- thing else done. After much subtle, accurate, and passienate pleading — for both sides had prepared themselves, it seems, for this plea— the Commis- sioner craved leave to retire with the council for advisement. After a long stay in the chapter- house, returning, he was content to permit voicing for the moderator ; with protestation. That this voicing should not import his approbation of the commissions of any voicer against whom he was to propone any just exception in due time, or his ac- 18 INTRODUCTION. kuowledgement of any voicer for a lawful member of the Assembly. His Grace required instruments also of another protestation, That the nomination of a moderator should be no ways prejudicial to the lords of the clergy, their office, dignity, or any privilege which law or custom had giyen them. Against both thir, Eothes took two instruments, in name of the commissioners from presbyteries and burghs, protesting. That his Grace's protesta- tions should in nothing prejudge the lawfulness of any commission against which no just nullity should be objected in the time of the trial of the commis- sions ; also, that his Grace's second protestation should not hinder the discussing the nature of the office, and the alledged privileges of the pretended bishops, in this present assembly. Lord Mont- gomery, in name of the pursuers of the complaint against the bishops, protested, That his Grace's pro- testation should not be prejudicial to the discussing in this present assembly, of their complaints against the persons, titles, dignities, and privileges of the pretended bishops. Mr Jo. Bell urged the voicing for .the moderator ; but his Grace shewed, that there was presented to him a paper, in name of the bishops, which he req^uired then to 'be read . Here also was some sharp reasoning. Divers alledged, that no bill, supplication, protestation, or whatso- ever, should be read to the Assembly, before it was an Assembly ; but immediately after the Assembly's constitution, it should be in his Grace's option to cause read that paper of the Bishops, or any other, to which the Assembly's answer should be re- turned. After reasoning and requesting, his Grace used his authority to require the reading of the paper. At once there arose a tumultuous clamour of a multitude crying. No reading ! No reading ! This barbarous crying offended the Commissioner, and the most of all. Silence being gotten, his Grace protested. That the refusal of hearing that paper was unjust. Eothes also required acts of his pro-., testation, in name of the commissioners, That the refusal was just and necessary. All being wearied with the multiplication of protestations, except the Clerk, who with every one received a piece of gold, his Grace, whether in earnest or in scorn, pro- tested of our injury in calling the Lords Bishops pretended, whom yet the acts of Parliament au- thorized. Rothes, in our name, protested, That they behoved to be taken for pretended, till this Assembly had tried the challenges which were given in against all their alledged prerogatives. How needless soever many of his Grace's protestations seemed to be, yet I was glad for his way of proceed- ing. It gave me some hopes of his continuance among us. I thought that this way of protesting had been resolved wisely in council, whereby the Commissioner might sit still till the end, and yet, by his presence, import no farther approbation to any of our conclusions than he found expedient. By appearance this course had been much better than that abrupt departure, which his posterior in- structions, to all our griefs, and the great marring of the King's designs, forced him to. Mr John Bell again presented his leet for moderation. His Grace shewed, that his Majesty had written letters to six of the counsellors. Treasurer, Privy Seal, Ar- gyle, Lauderdale, Carnegie, and Sir Lewis Stewart, as I think, to be his assessors, not only for council, but voicmg in the synod. Argyle's letter was pub- iicldy read, that this his Majesty's desire should be condescended to before any farther proceeding. It was replied, with all respect to the worthy nobles named, That my Lord Marquis, in the produced commission, was appointed sole Commissioner ; that assessors were only for council, and not for multi- plication of voices ; that the King in person could require but one voice ; that the giving of more voices to the assessors might give way, not only to very many, as in some unallowable assemblies it had been, but to; so many as by plurality might over- sway all. Against this refusal his Grace protested, with some grief; and we also, desiring that our reasons might be inserted without protestation. At last we were permitted to chuse the Moderator. Mr John Ker, Mr John Row, Mr J. Bonner, Mr William Livingston, and Mr Alexander Hender- son, were put in the leet by Mr John Bell ; for the looting of. the new is in the hands of the old. Messrs Ramsay, Pollock, and Dickson, for with- drawing of votes, were holden offi All, without ex- ception, went upon the last, as in the most of our matters there was no diversity at all, or, where any, it was but of a few. I remember not how his Grace voiced ; but it was his custom to voice rather by way of permission than to say anything that might import his direct assent ; for it seemed he resolved to keep himself, in all his words and deeds, so free, that he might, when he would, disavow all that was done, or to be done, in that Assembly. Mr Henderson being chosen with so full accord, made a pretty harangue, whether off-hand or premedi- tated, I know not. There was a conclusion taken that night, after some reasoning to the contrary, to have but one session in the day, to sit from ten or eleven, to four or five. So we were all relieved of the expenses of a dinner. An only breakfost put us all off till supper.; for commonly we sat an hour with candle-light. We ended this day with the Moderator's prayers. Among that man's other good parts,^that was one — a faculty of grave, good, and zealous prayer, according to the matter in hand ; which he exercised, without fagging, to the last day of our meeting. " 3. In our third session, on Friday November 23, the Moderator presented a, leet to be voiced for chusing the Clerk. Here a longer dispute than needed fell out betwixt the Commissioner and the Moderator, whom Rothes, but especially Loudon, did second. The Commissioner, whether of true intent to have a base clerk, of whose submissiveness to their injunctions they might be hopeful, or to shew his piety and equity to see every one kept in their right, where he had place, though he pro- fessed small obligation to the young man, who for INTRODUCTION. 19 no entreaty, would be pleased to shew him any blink of the Assembly's books ; yet pressed much that the young man, Mr Thomas Sandilands, might serve here, as his father,Mr James Sandilands, Com- missar of Aberdeen, his depute, since his father's decease could not spoil him of an advantageous ofiSce, whereto he was provided ad' vitam. Yet it was carried, that since his father was not provided to that office but by Mr Thomas Nicolson's demis- sion, and a corrupt Assembly's consent, without any mention of deputation ; also, since he was so infirm as he was unable to attend the service, and unwiUiug to reside at Edinburgh, where the regis- ters of the Church behoved to lie ; for thir, and many other reasons, the clerk's place was found to be vacant Consideration was promised to be had of Mr Thomas Saudiland's interest, which he sub- mitted to the Assembly's discretion. In the leet, Mr Thomas was first, after John Nicol, and Alex- ander Blair, and Mr Archibald Johnston. The Commissioner would not voice to any of thera, be- cause he saw no lawful demission of the former clerk. The Moderator then took his Grace for a non liquet. Yesternight's plea was here renewed. His Grace required that his assessor's voice might be craved in the clerk's election : the Moderator thought it unfit to trouble their Lordships to voice about a clerk, since they did not voice to the choos- ing of the Moderator, a superior office. Many words were here spent, till at last reasons in writ were produced, why the Commissioner and his as- sessors should have but one voice. I thought, in the time, these reasons were of an high strain, and some of them struck deeper on authority than I could have wished. Traquair craved a double of them, and promised an answer ; but the subsequent affairs, or somewhat else, hindered that answer yet to appear. This high, yea highest question, (for in all the Assembly we had nothing else that con- cerned authority,) was closed by the renewing of yesternight's protestation, on both sides- " The leet put to voicing, Mr Archibald Johnston, by all save one, was elected. Being deeply sworn, he was admitted to all the rights, profits, privileges, which any in former time had enjoyed by that places To him, Mr James Sandilands, in face of the As- sembly, delivered two registers, which contained the acts of the kirk since the year 1590, testifying that his father had never any more in his custody. The Moderator required all earnestly to procure the production of any of the church-registers that could be had ; for the loss of such a treasure as the Church's evidence, was pitiful. His Grace pro- tested his willingness to do his endeavour for so good a work. Rothes intreated that the Bishops might be caused deliver what they had : for it was known that King James had sent a warrant to Mr Thomas Nioolson, late Clerk, to deliver to the Bishop of St Andrew's, the Registers of the Church. After much regretting the irreparable loss of these writs, the new Clerk declared, that by the good providence of God, these books they spake of were come to his hands, which he there produced to all our great joy. Five books in folio, four written and subscribed, and margined with the known hands of one Gray and Ritchie, clerks to the General Assembly, contain- ing the full register from the Reformation in 1560, to the year 1590, where Mr Thomas Sandilands's books began, except some leaves which Bishop Adamson had torn out. Thir one Winram, depute to Mr Thomas Nioolson, had left to one Alexander Blair, his successor in office, from whom Mr John- ston had got them. The first was an extract, by way of compend, from the 1560 to the 1590, where- by, in a good part, the twenty-three leaves of Adam- son's rapine might be restored. The moderator craved that these books might be sighted by Argyle, Lauderdale, and Southesk : but the Commissioner would not permit his assessors to undertake such employment, since they were refused to voice in the Assembly ; but he was content that a committee of the members of the synod should be named, to try if these books were authentick and full registers. So Mr Andrew Ramsay, Mr John Adamson, Mr James Bonner, Mr John Row, Mr "William Livingston, Mr Robert Murray, with young Durie, the clerk of Dundee, and Mr Alexander Pierson, advocate, were appointed to their report and reasons, as soon as they could. The moderator then required, that for the Assembly's full constitution, the commissions might be put to trial. But the commissioner caused D. Hamilton first to be called, and present his paper to be read. His Grace urged much, that, since the former objections were removed, of the want of a moderator and clerk, the paper might now be read. It was replied, over and over, that it could not be, till by the discussion of the commissions the As- sembly were constitute. Traquair pressed — That the paper possibly had exceptions against the law- fulness of the election of the commissioners, which were impertinent to alledge, if once they were ap- proven. The Commissioner assured, he knew not what was in these papers ; but, presupposing they were formed for theTopening of the eyes of those who were to voice anent the members of the Assem- bly, it was the only time to read them before the voi- cing. Rothes replied — That exception against parti- cular commissioners might not be proponed, until the trial of their commissions ; and exceptions against the whole Assembly could not be heard till it were an Assembly. The moderator added, that if in that paper there were any light to open their eyes, they should shortly profess their repentenoe of their error in not reading it, when it was required. His Grace protested — That this not reading before the trial of the commissions, should import no prejudice to the lords of the clergy, and their adherents ; and of this protestation he required an act from the new clerk's hand. The clerk said, he could write no act without the Assembly's warrant, and it could give no warrant till once it was in being. The Commis- sioner then required instruments, in my Lord Register's hands, of his protestation, since the clerk refused. The clerk shewed his willingness, at the 20 INTRODUCTION. moderator's directions, to write his Grace's protest- ation; but might give no extracts till the Assembly were constitute. In the forming of this protestation, the clerk, I thought, was to seek in that ; his wit he kythed ever thereafter ; the act behoved to be formed and reformed; the commissioner and the clerk shaped it over and over again, ere they could fall on a fashion which his Grace could like. This made me pity Johnston, and think brni the better advopate than clerk ; but the youth's tried sufficiency in both the acts proves my mistaldng, or at least that this inlake in the first entry to his office was but occasional, and merely accidental. " In the progress of this dispute his Grace shewed the necessity that was laid on him, in this passage, to be punctually circumspect, for howbeit he was a great Commissioner ; yet he was but a poor subject and servant, liable to account for all his service. Much reasoning was that the bishops' exceptions agamst the judges should be heard, before they were aclmowledged and constitute for judges. When Traquair and Loudon had harped on this strmg a while, Argyle lends in his word, that a party gives in their exceptions against the assize before it be sworn ; so why might not the bishops give in their exceptions against the Assembly, which now was like an assize, called and conveened, but not yet sworn ? The moderator cuttedly, (as the man natur- ally hath a little choler, not yet quite extinguished,) answered— That the Commissioner, his Grace,, was of great sufficiency himself; that he only should speak there ; that they could not answer to all the exceptions that a number of witty noblemen could propone ; that these who were not commissioners would do well to inform his Grace of what they thought meet, in convenient time. This check, I believe, was intended more for others than for Argyle, who would have taken it worse if it had fallen on their fingers. Always Loudon took it off in a quick jest, that my Lord Argyle's instance was good, if the bishops had compeared as pannelled men before an assize. This wearisome plea ended that day's action, for his Grace acquiesced in his protestation." Having thus, by the foregoing notes and extracts, in some measure prepared the general reader for entering on an 'examination of the Acts and Pro- ceedings of the General Assembly of 1638, it only remains that we should explain the arrangement which we have adopted in digesting the subject- matter of these pages ; and, in stating the following outline of that arrangement, with respect to one Assembly, it is right to state, that we mean to follow out the same plan with regard to all the years that follow. In reference, then, to this first Assembly, we shall present our materials in the following order, viz. : — I. The Acts of the Assembly, whicli were ex- tracted by the Clerk, and printed in the year 1639. II. An Abstract of the Proceedings, and a List or Index of all the Acts of the Assembly, authen- ticated by Archibald Johnston the Clerk, copied from an extract thereof under his hand, which is deposited in the Advocates' Library. IIL Historical Documents relative to the events which occurred in Scotland betwixt 1633, and the sitting of the Assembly in Nov. 1638. IV. A Report of the Discussions in that As- sembly, from an unpublished contemporary 151.8. V. Notes and Illustrations of these proceedings, derived from contemporary and collateral sources. In closing these introductory remarks, we must guard ourselves against the possible imputation of being bhnd and indiscriminate admirers of the Covenanters. We are fully alive to all the ex- ceptionable points in their character and career ; and we should have studied our country's history and human nature very superficially indeed, if we had not, long ere now, discovered the infirmities and obhquities which were mingled with their higher attributes. It cannot be doubted by any man who has studied the history of the period of which we have given a rapid sketch, that they often swerved from what was the straight path of rectitude ; and it is impossible to peruse even the most partial narrative of their consultations, without also discerning, in the policy and proceedings of the Covenanters, the alloy of' selfish interests and grovelling passions — the fumes of fanaticism, the un- rectified workings of a semi-barbarous spirit, and much democratic insolence. There was withal a tone of preternatural sanctity assumed, which savours strongly of hypocrisy in many of the individuals who figured in their counsels. But, after giving full effect to all these.L ^ CTwEcddaill. ^J," To meet the first time at Edinburgh the third Twesday " April. 3. The Provinciall of Perte. f Perth. Dunkel. I fj'"' ®''/"n To meet the first The Pres J Aughterar. g J penh°a..d of !-""'<' 5' """'S' '*'% byterieson dor. ii ^ £^f"°?"'' " fsecond Twesday of StriviVmg. S!|,',7'"^ jAprd. 4. The Province of Dkumprkes. Niddisdaill. 1 An">n?,="l- To meet the first Wachopdaiuf'h^ »«»"* T«'='- & a part of i .Galloway. J fDum frees. iiie ires^ Lochma- byteriesof^ bane. LMiddilbee. day of April. 38 RECORDS OF THE [1638. 5. The Provinciall of Galloway: £ LKirkubrightJ •*?"'• TCe Provinciall St/nod of Aire or Ik wing. The Prcs- TAire. byteries of J^Irwing. •S f To meet with the a) ^ I t)ice,thenrst Iwes- g Lday of April. 6. TAe Provinciall Sijnod of Glasgow. The Pres. byteries Pasley. -a imbartane§ iltoun. Lanerik. The Shyr. or Lennox, the Barron y of :gow. o -{ RentVoWjthe J*of Aire and Irwing Shy.ofClyds. dail over and Lnethsr. To meet with the Provincial Synod — Glasgow, pro kac vice. 7. The Provinciall Synod of Argvl, desired to bee erected iti several Prvshyleries, according to the note given in. The Pres. byteiies oC "Dunnune. Kinloch. Iniieraray Kilmoir. tSkye. f The Shyrif-l ~. . .>, ^ i domes of Ar.J° meet the first gil & Boot, Kr /t' T"°?' with a part | '!"' * T"«day of .ofLoohabar.J *P"'- 8. The Provinciall Synod of Fife. rSt Andrews, c The Fres-JCowper. g VThc Shyref.) time at Cowper in byteries oQ Kirkadie. .= {.domeof fife.i Fifetheflrst Twes. CDunierling. a C^ay of April. r To meet the first 5f.3t 9. The Provinciall Synod of Angus and Merns. The Shyref.T To meet the first domes of ftime at Cundie, borfairand f the third Twcsday Merns. JofApril, 10. The Provinciall Synod o/^Aberdkne. The Pres. 'Aberdene. Kincairdin. •c All-foord. 5 i....~v:... ^7^ Gairioch. >>?'="'« "f^ Elian Deer.- Turreffe. , .Fordyce. ' ■The Shyref-TTo meet the first I domes of (time at new Aber- I Aberdene (dene, the 3 Twes. .and £amfe. J day of April. ) 1 . The Provinciall Synod of Murray . rlnnernes. I Forresse. The Pres.J Elgin, byteries ot? Strabogie. — ■ I Abernethie. ^ I LAberlower. t., l fThe Shyref. I domes of In- nernesin part. e^ Nairninpart, Ki"""! ""I'l""*^"."^* '^ ■ Murray. Baml j ^'fj',",f, iwesday LAberlower. p l '" P?". Aber. Ltlen in part. J To meet the first time at Forresse, of April. 12. The Provinciall Synod of Hoss-B. The Pres C*^''"""'- I C '■The Shyref. fTo meet the first "'""'""C Dingwall, t Cnernesinpart. 5"!=, 2 Twesday g "^ Col April. 13. The Provinciall Synod o/Cathnes. The Prcs.C"; byteries ot^^^ Oornoch. VVeeke or Thurso. I f Cathnes. 1 iSuthcrland. (■To meet the first 3 time at Dornoch, )the third Twes. Ce admin- istred, and the Faults and Errours of such persons as are made liable thereto taken order with, and punished with the more convenience, and less trouble to the People : but finding His Gracious Intentions to be herein mistaken, hath been pleased, likeas he is Graciously content, that the same be discharged, with all Acts and Deeds made for the establishing thereof, and is pleased to declare by me, that that Court or Judicatory, nor no other of that nature, shall be brought in hereafter, but in that way allowed by the Laws of this Kingdom. And the Kings Majesty being informed, that the urging of the five Articles of Perth's Assembly hath bred Distraction in the Church and State, hath been Graciously pleased to take the same into His con- sideration, and for the quiet and peace of Church and State, doth not onely dispense with the practice of the said Articles, but also discharges, and by these hath discharged, all and whatsoever Persons from urging the practice thereof, upon either Laick or Ecclesiastic person whatsoever : and doth hereby free all His Subjects from all Censure and Pain, whether Ecclesiastical or Secular, for not urging, practising, or obeying them, or any of them, not- withstanding any thing contained in the Acts of Parliament or General Assembly, to the contrary. And because it is pretended, that Oaths have been administred to Ministers at their entry, contrary and differing from that which is set down in the Acts of Parliament, His Majesty is pleased to de- clare and ordaine, that no other Oath shall be re- quired of any Minister at his entry than that which is expressly set down in the Acts of Parliament ; and this He is content be considered of in the Assembly, to be represented to the Estates of Par- liament, and enacted as they shall find expedient. And that it may appear how careful His Majesty is that no Corruption or Innovation shall creep into this Church, neither any scandal, vice, orfaultofany person whatsoever censurable or pimishable by the Assembly, go unpunished, it is his Majesties Plea- sure, likeas by these His Majesty does assure all His good People, that hereafter General Assemblies shall be kept as oft as the Affairs of this Kirk shall require : and to this purpose, because it is probable that some things necessary for the present Estate and Good of this Church may be left unperfected at this present Assembly, We do by these indict an- other Assembly to be holden at And that none of Our Subjects may have cause of Griev- ance against the Procedure of Prelats, Our Pleasure is, that all and every one of the present Bishops, and their Successours, shall he answerable, and ac- cordingly from time to time censurable according to their Merits by the Assembly, which His Majesty is likewise pleased be enacted in this present As- sembly, and thereafter ratified in Parliament, And to give all His Majesties good People good assurance that he never intended to admit any Alteration or Change in the true Religion professed within this Kingdom, and that they may be truly and fully satisfied of the Reahty of His Intentions towards the maintainance of the Truth and Integrity of the same. His Majesty hath been pleased to re- quire and command all His good Subjects to sub- scribe the Confession of Faith, subscribed by His dear Father in Anno 1580. and for that effect hath ordained the Lords of His Privy Council to take some speedy course whereby the same may be done through the whole Kingdom ; which His Majesty requires likewise all those of this present Assembly to sign, and all others His Subjects, who have not done it already : and it is His Majesties Will, that this be inserted and registred in the Books of this Assembly, as a Testimony to Posterity, not onely of the sincerity of His Intentions to the said true Re- ligion, but also of His Resolution to maintain and defend the same and His Subjects in the professing thereof. G. R. 1638.] KIRK OF SCOTLAND. 109 1638.— November 21; 94. List of Members of the General Assembly at Glasgow, which met this day,* Commissioner for the Kings Majeslie, James Maroues op HamilIoun. Commissioners from the Presbyteries of Scotland, both if the Ministrie, and of the ruling Elders, and of Burgesses, as they are within the Presby- teries. Presbyterie of Dunce. Maister Alexander Carse minister at Polwart. M. lohn Hume Min. at Eocles. M. Thomas Suintoun min. at Saint Bathanes. Sir David Hume of Wederburne Knight, Elder. Presb. of Chirnside. M- George Roul minister at Mordingtoun, M. Thomas Ramsay min. at Foldoun. M. Walter Swintoun min. at Swintonn. lames Earle of Home, Elder. Presh. of Kelso, M. Richard Sympson min. at Sproustoun. M. William Penman min. at Morbattle. Andrew Ker of Lintoun, Elder. Presb. of leilburyh, M. Robert Brounley min. at Kirktoun. M. lames Wilkie minister at Creling. M. Robert Cunninghame min. at Hawick. Sir William Dowglas of Cavers, Elder. Robert Simpson, burgesse of Jedburgh. Presb, of Erstiltoun. M. John Matland min. at Glenkirk. M. Harie Cockburne min. at Giugilkirk. lohn Lord Cranstoun, Elder. M. Alexander Hume, bailie, burgesse of Law- der. Presb, of Melrosse or Selkirke. M. William Jameson min. at Langnewtoun. M. Robert Martin min. at the new kirk of Ettrick. M. lohn Knox min. at Bowdoun. Sir lohn Ker of Cavers, Elder. Presb. of Dumbar, M. Patrick Hammiltoun min. at Innerweek. M. John Lawder min. at Tuninghame. M lohn Ualyel min. at Prestoun Kirk. Sir Patrick Hepburn of Waghtoun, Knight, Elder. George Purves, burgesse of Dumbarre. M. Patrick Hume, burgesse of jSTorth-berwiek. Presb. of Hadingtoun. M. lohn Ker minister at Salt-prestoun. M. lames Fleeming minister at Bathans. M. lohn Oswald minister at Pencaitland. John Lord Hay of Tester, Elder. M. George Gray, common clerk, burgesse of Hadingtoun. * Appendix to an answer to the Protestation for Prelates, in Dr M'Crie's Collection of Pamphlets, certified by Archibald Jhonston, the Clerk, com- pared with List in Stevenson's History, and corrected by the original Commissions. It appears from the original Commissions still extant, and indorsed in the handwriting of Mr Arcmibalo Jhonston, the Clerk, aa " produced and approven 24 November 1638," that three Elders from Dumfriesshire, are omitted in this Roll — viz., John Kerinedie of Halleaths. bailie of Looh- maben, Walter Millar, clerk of Annan, and William Grierson, bailie of Sanquhar. The number of Mem- bers whose commissions were sustained, amounted at least to 140 Ministers and 100 Ruling Elders. Presb. of Dalkeith, M. lames Porteous minister at Lesswade. M. lames Robertson minister at Cranstoun. M Olivhar Colt minister at Inneresk. William Earle of Louthian, Elder. Presb. of Edinburgh. M. Andrew Ramsay minister in Edinburgh. M. Harie Rollock minister in Edinliurgh. M. William Colvin minister at Cramond. lohn Lord of Balmerino, Elder, lames Cochran, Dean of Guild in Edinburgh. Thomas Paterson, burgesse of Edinburgh. M. lohn Adamsou, Principall of the University of Edinburgh. Presb. of Linlithgow. M. Richard Dickson minister at Kinneill, M. Andrew Keir minister at Carriden. M. lames Symson minister at Bathgate. George Dundas of that ilk, Elder. lames Glen, Provest of Linlithgow. Presb. of Sifrknij. M. lames Edmistoun minister at Saint Ninians. M. William Justice minister at Gargunnock. M. Edward Wright minister at Clackmannan. Sir William Murray of Toushadame, Elder. Thomas Bruce, Provest of Sterling. Presb. ef Peebles. M. John Bennet minister at Kirkurde. M. Robert Levingstoim min. at Skirling. M- Hew Ker minister at Traquare. lames Williamson, Provest of Peebles. Presb. of Middlebip. M. Simeon lohnstoun minister at Annan. M. lohn Hammiltoun minister at Wasterkirk, lames Lord lohnstoun, Elder. Presb. of Lochmaban. M. Robert Henderson minister at Luchmaban. M. David Roger minister at Tundergarth. lames Dowglasse of Moussewald, Elder. Presb. of Penpoiit. M. George Cleland minister at Durisdier. M. Samuell Austine minister at Penpont. Wilham Ferguson of Craigdarroch, Elder. Presb. of Dumfreis. M. lames Hammiltoun minister at Dumfreis. M. William Makjore minister at Carlaverock. M. Alexander Tran minister at Lochroytoun. John Charteris younger of Amesfield, Elder, lohn Irving, late Provest of Dumfreis. Presb. of Kirkcubright. M. Samuell Rutherford minister at Anweth. M. Wilham Dalglish minister at KirUmabreok. M. lohn Makleland minister at Kirkcubright. Alexander Gordoun of Earlstoun, Elder. William Glendinning, Provest of Kirkcubright. Robert Gordoun of Knokbrex, burgesse of New- Galloway. Presb. of Wigtoun. M. Andrew Anderson minister at Kirkinner. M. Andrew Lawder minister at Whithorne. Andrew Agnew of Lochnaw, Elder. Alexander Makghie, burgesse of Wigtoun. Presb. of Stranrawer. M. lohn Levingstoun minister at Stranrawer. M. lames Blair minister at Portmontgomerie. M. Alexander TurnbuU minister at Kirmaden. Robert Adair of Kinhilt, Elder, lames Glover, Clerk of Stranrawer. Presb. of Air. M. lames Bonar minister at MayboU. M. lohn Fergushill minister at Vchiltrie. M. Robert Blair minister at Air. lohn Earle of Cassils, Elder, lohn Stewart, late Provest of Air. no RECORDS OF THE [1638. Presb. of Ir wing. M. David Dickaon minister at Irwing. M. William Russell minister at Killiirnie. M. Robert Bailtie minister at Kilwinning. John Lord Lowdoun, Elder. M. Robert Barclay, Provest of Irwing. Mathew Spense, the Provest of Botbesay. Presb, of Argyle. M. Donald Makilvorie min. at Inveraray, M. Nicol Makcalman min. at Kilmun. M. lames Campbell minister at Kilfinnan. Archibald Campbell of Kilmun, Elder. Presb. of DumbaTlane. M. David Elphinstoun min. at Dumbartaue. M. Robert Watson minister at Cardrosse. M. lohn Stirling minister at Badernoek. Walter Makalley of Ardincapill, Elder. lohnSempill, Provost of Dumbartane. Presb. ofPaslay. M. William Brisbane minister at Erskine. M. lohn Hammiltoun minist. at Innerkip. M. Matthew Brisbane minister at Killellaii. lohn Brisban of Bishoptoun, Elder. lohn Spreull, burgesse of Ranfrew. Presb. of Glasgow. M. lohn Bell elder minister at Glasgow. M. Zacharie Boyd minister at the Barrony Kirk thereof. M. lames Sharpe minister at Goven. The Earle of Eglingtoun, Elder. Patrick Bell, Provest of Glasgow. David Spense, Clerk of Rutherglane. Presb. of Hammiltoun. M. Patrick Hammiltoun minister at Cambuslang. M. lames lohnstoun minister at Stechouse. M. lohn Heriot minister at Blantyre. William Bailzie of Carphin, Elder. Presb, of Lanerk. M. William Liviugstoun minister at Lanerk, M. Alexander Somervell minister at Dauliingtoun, M, Richard Ingles minister at Weatoun. Sir William Bailzie of Lamingtoun, Elder. Gideon lack, Bailie of Lanerk. Presb. of S, Andrews, M. Alexander Henderson minister at Luchers. M. Andrew Auchinleck minister at Largo. M. lames Bruce minister at Kingsbarnes, lohn Lord Sinolar, Elder. lames Sword, burgesse of Saint Andrews, Ninian Hanailtoun, burgesse of Caraill. Thomas Symson, Town-Clerk of Kilrinnie. William Hamiltoun, burgesse of Anstruther- easter. lohn TuUous, Clerk of Anstruther-Wester, lames Airth, Clerk of Pittenweeme. Presb, of Couper. M. David Dalgleish minister at Cowper, M. lohn Moncreiffe minister at Collessie. M. Walter Buchannan minister at Seres. lohn Lord Lindsay, Elder. George lameson, merehand, burgesse of Cowper. Presb, of Kirkaldie. M. Robert Dowglasse minister at Kirkaldie. M. Frederik Carmichaell minister at Kennoway, M. Robert Cranstotm minister at Scoonie. lohn Earle of Rothes, Elder. lohn Williamson, burgesse of Kirkaldie. David Symson of Monturpie, burgesse of DySart. M. Robert Cunyghame, burgesse of Kinghorne. George Gairdine, burgesse of Bruntiland, Preab. of Dumfermline. M. lohn Row min. at Carnok. M. lohn Duncan minister at Culrosse. M. lames Sibbald minister at Torrie. Robert Lord Burley, Elder, lames Reid, Provest of Dumfermline. Gilbert Gourley, Bailie of Culrosse. _ lohn Bardie, Burgesse of Innerkethin. Presb- of Dumblane. M. Harie Livingstoun minister at Kipping. M. Andrew Rind minister at Tullicutrie. M. William Edmistoun minister at Kilmadoek. Sir George Stirling of Keir, Knight, Elder. Presb. ^ Auchtcrardour. M. George Mushet minister at Doning. M. lames Row minister at Muthill. M. lohn Grahame minister at AuchterardoUr. lames Earle of Montrose, Elder. Presb. of Perth. M. Robert Murray minister at Methven. M. lohn Robertson minister at Perth. M. Alexander Petrie minister at Rind. John Earle of Weemes, Elder. Thomas Durhame, Dean of Guild in Perth, Presb. of Dunkeld. M. William Menyies min. at KenmUre. M. lohn Anderson minister at Cargill. Mungo Campbell, fiar of Lawers, Elder. Presb, of Meggill, M. George Symmer minister of Meggill. M. George HaJyburtoun minister at Glenylla, lames Lord Cowper, Elder. Presb. of Dundie. M. Andrew Wood minister at Monyfooth. M. lohn Robertson minister at AchterlioUae. David Grahame of Fentrie, Elder, lames Fletcher, prov. of Dundie. Presb. of Forfar. M. lohn Lindesay minister at Aberlemno. M. Silvester Lammy minister at Glames. M. Alexander Kynninmont minister at Kirimnre. lames Lyon of Aldbarre, Elder. David Hunter, Provest of Forfaf. lohn Grahame, Bailie of Montrose. Robert Demster, Bailie of Brechen. Presb, of Merna, M. lames Sibbald minister at Benholffift M. Andrew Mill minister at Fetteresso. ^ M. Alexander Symson minister at Conveth. Sir Gilbert Ramsay of Balmain, Elder. Presb. of Aberdene. M. ibavid Lyndesay minister at Balhelvie. M. William Guild minister at Aberdene. lames Skien of that ilk, Elder. M. lohn Lundie Humanist forlheUniver. of Aherd. Presb. ifDeir. M. Andrew Cant minister at Pitsligo. M. lames Martine minister at Peterhead, M. Alexander Martine minister at Deir. Alexander Fraser of Fillorth, Elder. ^H Presb. of Alfwrd. M. lohn Young min. at Keig. M. lohn Bidfurd minister at Kinbettock. M. Andrew Strachan minister at Tillineahill. M. Michaell Elphinstoun of Balabeg, Elder. Presb. of Tm-reffe. M. Thomas Miohell minister at Turreffe. M. William Dowglasse minister at Forg. ^ M. Geo. Sharpe min. at Fyvie. Waltet Barclay of Towie, Elder. Presb. of Kinkairne, M. Alexfinder Kohertson minister at Clnnie. Presb, of Garioch. M, William Wedderburn minister at Bathelnie. Andrew Baird, burges of Bamfe, Presb, of Forrease. M. William Falconer minister at Dyke. M. lohn Hay min. at Raffert. 1638.] KIRK OP SCOTLAND. Ill M. David Dumbar minister at Edinkaylly. William Rosse of Clova, Elder. M. lohn Dumbar, Bailie of Forresse. Presb. of Innernesse. M. lolm Howisoua minister at Wartlaw. M. Patrick Dumbar minister at Durria. lames Fraser of Bray, Elder. ! Robert Bailie, Bailie of Innernesse. Presh. of Tain. M. Gilbert Murray minister at Tain. M. "William Mackeinyie minister at Tarbet. M. Hector Monro minister in nether Taine. Sir lohn Mackenzie of Tarbet, Elder. M. Thomas Mackeulloch, Bailie of Taine. Presb, of Dinr/wall, M. David Monro minister at Kiltairne. M. Murdoch Mackeinyie minister at Containe. lohn Monro of Lumlair, Elder. Presb. of Dornoch in Sutherland. M. Alexander Monro minister at Golspie. M. William Gray min. at Clyne. George Gordon, brother to the Earle of Suther- land, Elder. Presb. of Thurso in Caithnes. M . George Lesly minister at Bower. M. lohn Smairt. loha Murray of Pennyland, Elder. Presb. of Eirkwal in Orkney. M. David Watson minister at the Kirk of the Yle of Wastrey. M. Walter Stewart minister at the Kirk of Suth- ronaldsay. NciTE. — Since the first Part of this publication ap- peared, the second centenary of the Assembly 1 638 has been celebrated at Olasffow and Edinburgh, (on 20th December 1838,) as well as in other considerable towns of Scotland ; and this commemoration has been con- ducted with a degree of eclat unexampled perhaps within the memory of man,in reference to any eccles- iastical concerns. We are not called on to make any remarks as to the appropriateness and sound dis- crimination displayed in all these demonstrations; but we gladly avail ourselves of the present oppor' tunity of enriching these pages with an extract from a speech made by the Rev. Dr Lee, of Edinburgh, at Glasgow, on the occasion alluded to. We place it here in juxtaposition with the authentic list of the members of Assembly of 1638, because it affords the best illustration we could give of the composition of that Assembly, and is a satisfactory refutation of cer- tain ignorant or malignant representations on the subject ; and we are proud thus to record our respect for that excellent and accomplished gentleman, whose store of information, with regard to the history and constitution of the Church of Scotland, exceeds, we believe, that of any other individual, both for fulness and exactness :— " If your time had permitted, I might have endea- voured to shew in what manner and degree the As- sembly 1638, and those which followed after, as well as some which had preceded it half a century, con- tributed to the establishment of the highest and finest University education. Among the otiier great objects in which that Assembly so happily and sue- cessftiUy engaged, none was nearer their hearts, or better accomplished. It was their aim to establish all the Universities, Colleges, and Schools in a state of high efficiency ; and, with this view, Iheyreclaimed for the Church the power of visitation formerly exer- cised, that the religious character and consistent practice of all Principals, Regents, and Professors might be satisfactorily ascertained, as well as their aptitude for their stations ; and that whatever was deficient might be supplied, and whatever was dis- ordered or corrupt might be rectified. " For this difficult undertaking, the members of 1638 November 22. 95. Letter from the Bishop of Ross to Hamilton. My Lord, may it please your Grace, Tills Worthy Gentleman hath desired my Judg- ment concerning three things : first, concerning the that Assembly were generally qualified in no ordinary degree. It has, indeed, been alleged that a large proportion of the ciders consisted of illiterate men. I have seen it asserted in several books of late, even in some written by Presbyterians, that many of those in that Assembly, who judged of the gravest questions concerning theological learning and sound- ness in the faith, could neither read nor write. There is no authority for this insinuation, except the random assertion of Bishop Burnet — supposed sometimes to have been a contemporary, though he was not born for five years afterwards — the value of whose testimony on this matter may easily be esti- mated by any one who observes what he has confi- dently, though most ignorantly and erroneously, stated, with respect to Ruling Elders — that the mix- ture of that class with the Ministers in Church Courts was then quite anew thing ; for, though such officers had formerly been allowed to interfere in parochial discipline, ' yet they never came to their Assemblies till the year 1638.' So far is this from being true, that, from the very first, Elders had convened in great numbers with the Ministers at the General As- semblies—there was even a preponderance of them in the earliest of all the Asseniblies, in 1560 — inso- much that, long before Burnet wrote, or even was born, several Bishops of Scotland, such as Adamson and Maxwell, had published complaints against de- cisions of the Assembly, on the ground that they had been carried by the votes of Lay Elders, as they called them. If the Elders were unable to read or write, so much the less credit is due to the system of education which had prevailed nearly forty years before 1638, under auspices not Presbyterian ; and so much the greater credit should be given to the Pres- byterians tot the improvements by means of which, as Burnet frankly confesses, they brouglit the people generally to a most surprising measure of knowledge, particularly on theological points, and to a corre- sponding measure of practical piety. " But I think it of some consequence to vindicate the claims of the Assembly 1638 to the character of a learned Assembly. Well, then. What is the fact ? It is ascertained that in that Assembly there were 140 Ministers ; 2 Professors, not being ministers ; and 98 Ruling Eldersfrom Presbyteries and Burghs. Of these Ruling Elders, 17 were Noblemen of high rank ; 9 were Knights ; 25 were landed Proprietors, or lesser Barons, of such station as entitled them to sit in Par- liament ; and 47 were Burgesses, generally holding the principal oflices of authority m their respective towns— men who were capable of representing their communities in the Parliament. There was not a peasant, as has been insinuated, or even a farmer or yeoman, in the number. About the least consider- able persons present were, Mr Alex. Hume, bailie of Lawder, ana Mr Patrick Hume, burgess of North Berwick. Both of these, as well as many others of the members from the burghs, were masters of arts, having had a Complete university education, and hav- ing obtained their degrees after regular examination. From what I know of the personal history of many of these men, and from documents which I have seen and now possess, I could undertake to prove that not one was illiterate. About twenty years ago, I ac- quired most ot the original commissions of the mem- bers of the Assembly 1638. These documents are subscribed generally by the whole constituents of the Commissioners — ^namely, by Ministers, by Elders, by Magistrates, and Councillors. The signatures are, for the most part, in a superior style of penmanship ; 112 RECORDS OF THE [1638. production of a Letter from His Majesty to the Assembly, directed to the Archbishops, Bishops, and Ministers, whether or not this can be produced, and any Note made upon it, before there be a Mode- rator condescended upon. My humble Opinion is, (which I humbly submit to your Graces better Judgment) that the Letter be presented, given by your Grace to the Cleric, and read by him. Here it is most like your Grace will be pressed, that the Letter is directed to an Assembly that cannot be without a Moderator, and yet on purpose to get a Moderator by Election, and an Assembly estab- lished ; to which in my Judgment it may be replied, that it may be that the King's Letter containeth something to that purpose, which, therefore, is to be read, and noted by the Clerk as produced onely. The second is concerning the examination of the Commissions and Commissioners ; My Lord, it is certam that both are most illegal, and there is more than sufficient ground from this one (if there were no more) to void this Assembly and make it null. But how to begin at this I see not so well, for if the Commissions and Commissioners be rejected, then how shall the King's Real and Royal Inten- tions be manifest to the subjects, which is most necessary, that the Factious may not have advan- tage to possess good and loyal Subjects, that His Majesty is onely deluding them for other ends. On the other part, if your Grace approve the Com- missions and Commissioners, how far King and Church shall sufler, your Grace is wiser to conceive than I am able to express. The third is concern- ing the Declinator, when it shall oe pn pused or pie- sented to your Grace ; My Lords of Glasgow and Brechin are fully of that mind, that at the very firat it is to be used before the Assembly be estab- and it is not credible that such men woula elect per- sons to represent them who were less educated tiian themselves. Moreover, the signatures of the Kldtrs Avho sate in the Assembly might have been known by Bishop Burnet to be appended to the National Cove- nant — that great bond by which the people of this land engaged to maintain the true principles of the Reformation, as founded in the \\ ord of God. Many of these documents, studded witli innumerable sub- scriptions, are still extant. *' But how did this Assembly, and those which fol- lowed, fulfil their purposes with respect to the Uni- versities .' They not only appointed visitations, but they prevailed on the Government greatly to enlarge the provision for the maintenance of the Universities, so that they were enabled to increase the number of Professors, and to augment their incomes ; thus mak- ing it practicable to admit the youth to the benefit of their instructions on the easiest terms. They did not despise or discourage the most elegant accom- plishments. On the contrary, the Assembly of 164S, following out the views of preceding assemblies, de- plored the great decay of poesy, and the ignorance of prosody, and ordained that, in the trial of School- masters, for burghs or other considerable parishes, none should be admitted but such as after examina- tion should be found skilful in the Latin tongue, not only for prose, but also for verse ; and the same As- sembly introduced other regulations for advancing the study, not only of Greek, but of all the branches of Philosophy. But the chief recommendation of the system, then prescribed and practised, was, that the nurture and admonition of academical youth was sanctified by the Word of God, and by prayer. The study of the Scriptures was a college exercise. The young were trained to habits of devotion. The cate- chisms, and other manuals of religious,instruction,were translated into Latin, and carefully taught ; and, by such provisions as these, the influence of piety was diffused over the paths of solid learning." lished: their Reasons seem very pregnant, first, because all Declinators are used so ; next, if the Assembly be once estabUshed, how can it be de- clined, or your Grace admit our Declinator or Pro- testation ? My Lord, seeing two things are mainly to be looked to, the one that His Majesties Pious Inten- tions be made known to this present Meeting ; the other, that the Church suffer no prejudice; my humble Opmion is, that first the King's Letter (as I have said) be read, and marked Produced ; next immediately after, our Declinator produced, and presented to your Grace, read in audience of all. Instruments, taken in the Clerk-Registers hands, and it marked by the Clerk Produced. Then your Grace may, by your own Wisdom, conceive a brief Speech, excusing your self that you are not so well acquainted with the Formalities and Legahties of Church-meetings'; yet that seeing in such Distrac- tions and Combustions all things cannot be done in that orderly wayis requisite, and that yourGracedoes know how that, with a most earnest and Fatherly Care, His Majesty endeavours the binding up of this breach, and the restoring of Church and State to Quiet and Peace, and that your Grace, for that Duty you owe to your Master, and Love you have to your Native Country, will leave notbing undone that is in your power, and incumbent to a Faithful Servant and kind Patriot, and therefore wiU adven- ture to chuse rather to erre in formal Errours : than to leave so material and necessary a Work at such an exigent of time ; and so seeing there is no Archbishop nor Bishop present, your Grace by con- nivence wUl permit them (for how your Grace can allow it I see not) to chuse a. Moderator, and will not fall upon that shelve or rock of Examination of Commissions or Commissioners ; being confident that if matters go on in a moderate way, what shall be agreed upon shall be hked by all, even those that are taken to be their Party ; and what is amiss in Formality and Legality, if no errour be in the matter of the Conclusions, may most easily and speedily be helped. After the Moderator is con- descended upon, the first thing your Grace would urge is the Registrating the Kings Letter in the Books of the Assembly, then the Registrating of our Declinator. After this your Grace will be careful, that nothing be proposed till what is in His Majesties Declaration be enacted, and if (this being done) they fall upon any extravagancy, your Grace then may by advice of the Council " declare, that seeing they will not hold Moderation, your Grace and the Council must examine their Commissions and Commissioners, (to which before you gave con- nivence) and discuss the relevancy of our Declin- ator. This Course keeped, in my poor Judgement, will fully manifest to all His Majesties pious Intentions, evidence your Graces sincere affection to Religion and the Kingdom, preserve our Right, make them unexcusahle, let the People see how unreasonable and immoderate they are, and give to your Grace a fair way and ground, to discontinue and discharge the Meeting under pain of Treason. This my weak and poor opinion I have made bold to declare to your Grace, not out of any confidence in my self, but necessitated because of that Obedience I owe your Grace, and true affection to the Peace of Church and State, which with myself, and all my endeavours, I humbly prostrate to you, and submit to your Grace's better Judgement. I humbly beg of your Grace to let me know by this Gentleman, what shall be done with our De- clinator, and let him come and speak with my Lords 1638.] KIRK OF SCOTLAND. 113 of Glasgow, Brechin, and me, that we may be ac- quainted by him of your Graces commands. God in liis mercy bless you in this difiicult "Work. Your Grace's most humble and bounden Servant, Jo. ROSSBN.* Castle of Glasgow, 22'" Nov. 1638. at 7 a clock in the morning, 1638.— November 27. 96. Letter from Hamilton to the King.* Most sacred Sovereign, When I consider the many, great, and most ex- traordinary favours, which your Majesty hath been pleased to confer upon me ; if you were not my Sovereign, gratitude would oblige me to labour faithfully, and that to the uttermost of my power, to manifest my thankfulness. Yet so unfortunate have I been in this unlucky country, that though I did prefer your service before all worldly consi- derations, nay, even strained my conscience in some points, by subscribing the negative confes- sion ; yet all hath been to small purpose ; for I have missed my end, in not being able to make your Majesty so considerable a party as will be able to curb the insolency of this rebellious nation, without assistance from England, and greater charge to your Majesty, than this miserable country is worth. As I shall answer to God at the last day, I have done my best, though the success has proven so bad, as I think myself of all men living, most miserable, in finding that I have been so useless a servant to him, to whom I owe so much. And seeing this may perhaps be the last letter that ever I shall have the happiness to write to your Majesty, I shall therefore in it discharge my duty so far, as freely to express my thoughts in such things as I do conceive concerneth your service. And because I will be sure that it should not miscarry, I have sent it by this faithful servant of your Majesty's whom I have found to be so trusty, as he may be employed by you, even to go against his nearest friends and dearest Icindred. Upon the whole matter, your Majesty has been grossly abused by my Lords of the clergy, by bring- ing in those things in this church, not in the ordi- nary and legal way. For the truth is, this action of theirs is not justifiable by the laws of this Idug- dom ; their pride was great, but their folly greater ; for if they had gone right about this work, nothing was more easy, than to have effected what was aimed at. As for the persons of the men, it will prove of small use to have them characterized out by me, their condition being such, as they can- not be too much pitied ; yet, lest I should lay upon them a heavier imputation, by saying nothing, than I intend, therefore I shall crave leave to say this much. It will be found that some of them have not been of the best lives, as St Andrews, Brechin, Argyle, Aberdeen ; too many of them inclined to simony ; yet, for my Lord of Eoss,:J: the most hated of all, and generally by all, there are few personal faults laid to his charge, more than ambition, which I cannot account a fault, so it be in lawful things. But, Sir, to leave them, and come to those whom I conceive it is more necessary you should know, your officers and counsellors, of whom I shall write * Burnet, p. 96. •f- Hardwioke's State Papers, vol. ii., p. 113. j Maxwell. without spleen or favour, as I shall answer to him at the last day, to whom I must give an aecouni (I know not how soon) of all my actions. Your Treasurer,* his ambition has been great, and his labouring popularity has certainly prejudiced your service. Nothing could gain him that name sooner, than by opposing the clergy ; and the dif- ferences betwixt them hath marred all ; to which those of the Council did not only hold hand to, but encouraged him to it, as much as in them lay ; and here again, I say, they gave too just reason to meet with opposition. He is a most active man, and hath many excellent parts. What his bypast cai-- riage hath been, is as well, if not better known to your Majesty than me ; but he doth now labour certainly what lieth in him, to advance yoiu: Ma~ jesty's ends ; and hath oft solemnly sworn to me, that in defence of episcopal government he will spend his life and fortune. For those particulars wherewith he hath been taxed, as being guilty of' abusing your Majesty, in the execution of his place, as Treasurer, he will, in my opinion, justify him- self. Howsoever (considering these present times) you must make use of him, and your Majesty should be wary of giving him discontent. As for my Lord Privy Seal,+ 1 shall not need to say much of him, he being so well Imown to your father (of blessed memory) whose judicious character of him to yourself, is so true, as I shall neither add nor pare. He hath likewise declared himself to me for episcopal government ; but I like not his limit- ations ; yet you must make use of him, for he is a powerful man in this country. The Marquis of Huntley is unlmown to me, more than in general ; but much misliked is he here (yet not the worse for that) traduced not only to be popishly inclined, but even a direct Roman Catho- lic ; nay, they spare not to tax him with personal faults. But howsoever, this I am sure of, since my coming here, he hath proved a -faithful servant to you ; and I am confident will be of greater use, when your Majesty shall take arms in your liand. The Earl of Argyle is the only man now called up as a true patriot, a loyal subject, a faithful coun- sellor, and above all, rightly set for the preserva- tion of the purity of religion. And truly. Sir, he takes it upon him. He must be well looked to ; for it fears me, he will prove the dangerousest man in this State. He is so far from favouring episco- pal government, that with all his soul he wishes it totally abolished. What course to advise you to take with him, for the present, I cannot say ; but remit it to your Majesty's serious consideration. The iitformation which you have had from Antrim, the most part of it I take to be true. Perth hath been taxed to be a Roman Catholic ; but I find him none. A loyal heart he hath, but no great politician, nor of much power out of the Highlands, and should be encouraged, because he may contribute to the curbing of Argyle. Tullibardin, I take him to be honest ; your Ma- jesty knoweth his abilities. He is a true hater of Argyle. Wigton, thanks be to God, hath no great power, for if he had it, it would be employed the wrong way. Sorry I am for it, his ancestors have been so dear friends to mine. Kinghorn, I am grieved for his wealmess. A good man he is, but totally misled by his brother Albar, who will succeed in his place, he having no children. Too near of kindred he is to me. Haddington has too much the humour of these Traquair. •|- Soxburgh. J14 RECORDS OF THE [1638. times ; but he hath oft sworn to me, he will never ask what your quarrel is ; yet few of his friends I fear will go along with him in it, in defence of epis- copacy. As for Lauderdale, he is a man of no great power ; but he is truly honest, and most rightly set in all that eoncerneth your service. Southesk hath, beyond all expectation, shewn himself forwardly stout in all that hath concerned your service, ever since my coming first to this country. He is a man of great power, rich, and was extremely beloved ; but now as much hated. He doth deserve your Majesty's favour, on my word ; and, if not for one consideration, none were fitter to be Chancellor, which I shall advise your Majesty not to dispose of till these troubles be past. Kinnoul, for his part, hath shewn himself both true and forward in all your service ; in whom your Majesty may have confidence, according to his power. Finlater, according to his power, hath done his part, as I hear by the Marquis of Huntley. Linlithgow, if his power were according to his affection, he wovdd be useful to you. I must not forget Dalzell, who both is of power to serve you, and has most faithfully done it. As for the rest of the Council, they are either of no power to serve you in this time, or totally set the covenanters way. For brevity I pass them by, and have sent a list of the whole Counsellors names. If the Justice Clerk* were not so near me as he is, I would say more of him than now I will ; yet pardon me for saying, an honester soul Uves not. The Advocatet should be removed, for he is ill disposed. I know none so fit for his place as Sir Lewis Stewart. My Lord Treasurer's friend he is ; Sir Thomas Nicolson being no ways to be trusted in what may concern the affairs of the church. Now, for the Covenanters, I shall only say this in general, they may all be placed in one roll as they now stand. But certainly. Sir, those that have both broached the business, and still hold it aloft, are Rothes, Balmerino, Lindsay, Lothian, Loudoun, Yester, Cranstoim. There are many others as forward in show; amongst whom none more vainly foolish than Montrose. But the above mentioned are the main contrivers. The gentry, boroughs, and ministers have their ringleaders too. It will be too long to set down aH their names. Those who I conceive to be most inclined, the Clerk Register (who is a faithful servant to the Crown) if I miscarry, will give you informa- tion of them ; yet, I fear him, poor man, more than myself. But they are obvious and known to all. This is all that I will say concerning the persons of the men in this kingdom ; wishing. Sir, with my heart, those whom I misdoubt, I may be deceived by their future carriage, and that their loyalty may appear, which will blot out of your Majesty's me- mory what my duty and fidelity to you has caused me to write thus of them. It is more than probable, that these people have somewhat else in their thoughts than rehgion. But that must serve for a cloak to rebeUion, wherein for a time they may prevail ; but, to make them miserable, and bring them again to a dutiful obe- dience, I am confident your Majesty will not find it a work of long time, nor of great difficulty, as they have foolishly fancied to themselves. The way to effect which, in my opinion, is briefly thus. Sir J. Hamilton. + Sir Thomas Hope. Their greatest strength consists in the boroughs ; and their bemg is by trade ; whereof, a few ships of your Majesty's, well disposed, will easily bar them. Their chiefest trade is in the eastern Seas and to Holland, with coal and salt, and unportmg of victual, and other commodities from thence ; whereof if they be but one year stopped, an age cannot recover them ; yet so blinded they are, that this they will not see. This alone, without farther charge to your Majesty, your frontiers being well guarded, will work your end. This care should be taken, that when particular boroughs can be made sensible of their past errours, and willing to return to their allegiance, they be not only then not barred from trade, but received into your Majesty's favour and protection. In my opinion, your ships would be best ordered thus, eight or ten to lie in the Firth. There should be some three or four plying to and again betwixt the Firth and Aberdeen, so long as the season of the year will permit them to keep the seas ; and when they are not longer able, they may retire into the Firth ; in which there are several places in which they may ride in all weathers. Those ships that lie in the Irish seas, will be suf- ficient to bar all trade from the west of Scotland. The fittingest places are between Arran and the coast of Galloway. When the weather is foul, there is an excellent road in Galloway called Lochyen ; and another in Arran called Lamlash, or the Holy Island ; where they may ride in safety. This is all I shall say concerning the barring them of trade. This will certainly so irritate them, as aJl those who witliin this country stand for your Majesty, will be in great and imminent danger. The best way, that for the present I can think on to secure them, and to make some head for your Majesty, is, to appoint the Marquis of Hvmtley in the north, your Majesty's Lieutenant ; with full power to him to raise such and so many men, as he shall think convenient for the defence of the country. By this means, there being a head, those that are in the north will know to whom to repair ; and there is no doubt but in those parts they will do well enough. For those that are besouth the river Forth, I apprehend their danger most ; and I would advise that there were lieutenants likewise appointed, to whom they might repair. Necessity will force your Majesty upon one of two, either Traquair or Roxburgh ; or, indeed, both, for they may both have commissions. They may be well furnished with arms, and other things necessary, from Eng- land, by land, both their fortunes being near adja- cent to Northumberland ; and though I fear they will not be able to make a body of an army, yet necessary it is that lieutenants should be, and I know none so fit as these in those parts ; for I will never think they have traiterous hearts. Certainly necessary it is for the government of this kingdom, that a commissioner or deputy should be in it. For experience hath taught me, that your Majesty will never be well served by your council, unless there be some one or other amongst them on whom the chief care must lie. If your Majesty do not first settle the country, and reclaim it, whoso- ever you shall employ, will never be able to do any thing. Therefore that should be done, before any new commission be given ; and even then, where you will find a man, I cannot possibly say, unless your Majesty send the Duke of Lenox. As for the Marquis of Huntley, certainly he may be trusted by you ; but whether fitly or no, I cannot say. If 1638.] KIRK OF SCOTLAND. 115 I keep my life (though next Hell I hate this place), if you think me worthy of employment, I shall not weary till the government be again set right ; and then I will forswear this country. As for your Majesty's castle of Edinburgh, It was a most shameful thing it should have been so ne- glected. I cannot promise that it shall be defended, yet I hope they shall not take it, but by an hostile act. Some few men I have stolen in, but as yet cannot get one musket put there, nor one yard of match. I have trusted, for a time, the same man that was in it, and perhaps your Majesty will think this strange that I have done so ; yet necessity forced me to it. For thither Ruthven would not go, without arms and ammunition ; and indeed he is not to be blamed therefore ; but, Sir, I have that in working, that, if I can accomplish, may for a time secure that place. And for my trusting that man, I can only say this, that if he deceive me, we were in no worse condition than when it was in Lord Marr's hands ; safe only, for the giving him 20001. which, if lost by the default of him whom I have trusted, your Majesty shall not be burthened by the payment of this money, for I deserve to lose it for my confidence. He is no Covenanter, and hath solemnly sworn to me, to lose his life before he quit it. As for Duubritton, the way is easy to put as many men there as you please, with victual and ammuni- tion ; from Ireland they must come, and at the cas- tle they must land ; 100 men will be sufficient, pro- vided with ammunition and victual for three months; and the sooner this be done the better. Thus, Sir, your Majesty hath the humble opinion of what I conceive of the affairs of the Idngdom. What I have said, I humbly submit to your Ma- jesty. I have now only this one suit to your Majesty, that if my sons live, they may be bred in England, and made happy by service in the court ; and if they prove i^not loyal to the crown, my curse be on them. I wish my daughters be never married in Scot- land. I humbly recommend my brother to your favour. Thus, with my hearty prayers to God, that he will bless you with a long and happy life, and crown all your intentions with a wished success ; which I hope to live and see effected, notwithstanding of all the threats that is used to Your Majesty's, &c. Hamilton. Glasgow, 27th November, 1638. 1638.— November. 97. The Supplication and humble Remonstrance of the Ministers of the Church of Scotland, pre- sented to his Majesties High Commissioner and Generall Assemblie held at Glasgow in November, 1638.* May it please voub Grace, And you right Noble, Right Worshipfull, and you most Reverend brethren, conveened by his Majesties Proclamation in this venerable nationall Assembly, to consult upon the most convenient wayes, and to enact such Ecclesiasticall Lawes, as to your wisedomes seemes most expedient, for pre- serving of peace and truth in this Church, for which ends wee from the bottome of our hearts (as feeling members of the same) earnestly iutreat him, who * Large Declaration, p. 26S. hath promised to be with his owue to the end of the world, by his spirit and grace, so to direct and assist your wisedomes, that by this long expected meeting, glory may redound to his ever glorious Name, and peace to this rent Church, which all the members thereof, with most earnest wishes, expect at your hands. For the present, we thought it our duty, as those whom it doth most clearly concerne (our great Shepheard having committed to our charge a part of that Flock which he hath redeemed with his precious blond) to present unto you our just feares which arise from the sudden incroaching of the Laick (now called Ruling) Elders, in divers Presbyteries of this Kingdome, having chiefe hand in chusing of Commissioners there, lest they, with Commissioners thus elected, may bring upon the neck of the Min- istery and Church here, the heavie yoke of over- ruling Elders in all times comming, to the no small hurt of us and our successors in the Gospel, except timely remedy be provided. Our humble supplication therefore to your Grace, and Members of this present Assembly, is, that all these Commissioners thus chosen by the voyce of Laick Elders, and in whose Commissions they have had hand, may be removed, as men to whose voyces and judgements we cannot submit our selves in matter of Church government, for the just feares above exprest, they being justly suspect Judges not to be admitted, and their elections and Commissions void for reasons following : First, there is no Law in this Kingdome whereby Laick Elders have any voyce in chusing Commissioners to Generall Assem- blies ; the chusers therefore having no legall power to elect, those that are chosen by such, can have no place nor voyce in this Assembly. Secondly, albeit there have beene heretofore, and before Churches were fully planted, a custorae that Laick-Elders did sit in Presbyteries, yet that custome hath beene these 35. yeeres by-past, universally (and above forty yeeres in most Presbyteries) interrupted ; which prescription is su6ttcient to make voyd any such custome : so that it can be no sufficient warrant for them to sit and voyce in Presbyteries now, much lesse to intrude themselves (as they have done in many Presbyteries) coutrarie to the minds and pub- licke protestation of the Ministerie. Thirdly, when Laick-Elders had place in Presbyteries, yet it was ordained that the voyces should not be equall in num- ber, with the voyces of the Ministerie, as is to be scene in the booke of discipline Chapter. But in this election, their number were not onely equall, but in most parts more, because out of every Parish there was a Laick-Elder, and so at least equall in number ; and in election of these Commissioners, against whose election we except, there was put upon the list six in some places, and in others foure of the Ministers, who being removed, in their absence the choyce was made when the Laick-Elders by six or foure at the least exceeded the Ministers in number of voyces, yea in some Presbyteries the Laick-Elders were twice so many in number ; so that these Commissioners are mainly chosen by the Laitie, and not by the Ministers, neither can wee acknowledge them for ours. Fourth- ly, these Laick-Elders did of old onely assist in Dis- cipline, not medliug withpoints of Doctrine (suffer- ing the spirit of the Prophets to be subject to the Prophets, according to the Apostohcall rule ;) but now they intrude themselves to sit and voice in the Presbyteries in matters of Doctrine, and have given Commission to those whom we except against, to voyce in this venerable Assembly, in Doctrine as well as in matters of Discipline ; which Commis- sions are null, as proceeding a non habente potes- 116 RECORDS OF THE [1638. tatem. For these and other most weighty causes, the election of such Commissioners, and their place in this Assembly being so dangerous to the Church, threaten the same with the most intolerable yoak of bondage to be laid upon the neck of the Presbyteries by Laick over-ruling-Elders, to the prejudice of the liberties of the said Presbyteries, and whole Dis- cipline of this Church. We could not, out of con- science to God, our callings, and flocks, but make humble remonstrance of the same to your Grace and members of this grave Assembly : withall pro- testing, both in our own names, and in name of all the Ministerie and body of this Church that will adhere to this present supplication, that all sen- tences, conclusions. Canons, Statutes, and Ordin- ances, which shall be made in that Assembly wherein the foresaid Commissioners shall have determinative voyce, to be voyd, null, and of no effect to oblige us or any of us to the obedience of the same : But if this our just supplication be not admitted (which we hope and earnestly pray may be graciously accepted) then this our protestation may be of force against sucli Lawes'and proceedings that may follow there- upon. Thus hoping for your charitable construc- tion of this our necessarie duty in so eminent a danger of the Church, and humbly intreating these presents may be put upon Record, We rest. 1638 November 29. 98, 99- Speech of Hamilton at dissolving the Assemlly, and his Reply to Moderator.* I find this day great contrarieties of Humours iu my self, first, cause of Joy ; next, cause of Sorrow : cause of Joy, in making good what hath been pro- mised by His Majesty ; cause of Sorrow, in that I cannot make further known his Majesties Pious Intentions. You have called for a Free General Assembly : His Majesty hath granted you one, most Free on his part, and in his intentions ; but as you have handled and marred the matter, let God and the World judge, whether the least shadow or footstep of Free- dom can be discerned in this Assembly, by any man who hath not given a Bill of Divorce both to his Understanding and Conscience. With what wrest- ing and wringing your last Protestation charges His Majesties last Gracious Proclamation in the point of Prelimitations, is both known and misliked by many even of your own pretended Covenant ; but whether your Courses, especially in the Elections of the . Members of this Assembly, be not ouely Prelimita- tions of it, but strong Bars against the Freedom of it, nay utterly destructive both of the Name and Nature of a Free Assembly, and unavoidably in- ducing upon it many and main Nullities, will be made manifest to the whole World. But his Majesties Sincere Intentions being to perform in a lawful Assembly all he hath promised in his Gracious Proclamation, if you find out a way how these things may pass, and be performed even in this Assembly, such as it is, and yet His Majesty not made to approve any way the Illegalities and Nullities of it, for satisfying all His Majesties good Subjects of the Reality of his Meaning; I am by His Majesties special Command ready to doe it, and content to advise with you how it may be done, [And after this he caused read his Majesties Con- cessions, as they had been before proclaimed : upon which he took instruments, that by producing and signing of them, first his Majesties Intentions were made known : next, that in the producmg and de- * Burnet, p. 101. See also annexed Report. livering'of them, the Lawfullness of the Assembly was not acknowledged. After that he went on, and discoursed agamst the Constitution of the Assembly in the following words.] But now I am sorry I can go on with you no more, for the sad part is yet behind, about Ruling- elders ; for, neither Ruling-elders, nor any Minister chosen Commissioner by Ruling-elders, can have voice here, because no such election is warranted, either by the Laws of this Church or Kingdom, or by the practice or custom of either : for even that little which appeareth to make for those Elders in the Book of Discipline, hath at this time been broken by you, there being more Lay-elders giving votes at every one of those Elections, than there were Min- isters, contrary to the Book of Discipline ; as in Lanerickbut eight Ministers and eighteen or nine- teen Lay-elders; and so in divers other Presby- teries : and in every Presbytery, when the Minis- ters upon the List were removed, the remaining Elders exceeded far the remaining Ministers. But say there were Law for those Lay-elders, the inter- ruption of the execution of that Law, for above 40 years, makes so strong a Prescription against it, that without a new reviving of that Law by some new Order from the General Assembly, it ought not again be put in practice ; for if His Majesty should put in practice, and take the Penalties of any disused Laws without new intimations of them from Authority, it woTider the Censure of this Church, some vnder the Censure of the Church of Ireland, some long since banished, for avowed teaching agaynst Monarchic : others of them suspended, and some admitted to the Minis- terie, coutrarie to the forme prescrybed by the Lawes of this Kingdome : others of them RebeUs, and at the Home : some of them confined, and all of them by Oath and Subscription, bound to the overthrowe of Episcopall Government. And by this, and others their Under-hand-working, and pri- vate Informations, and perswasions, had given just ground of Suspicion of their Fartialitie; and so made themselues vnfit ludges of what concerneth Episcopacie. And als, albeit it was sufficientlie cleared, by the peremptorie and illegall Procedures of the Presbyteries, who at their owne hand, and by order of Lawe, and without due forme of 1638.] KIRK OF SCOTLAND. 125 Pi'ocesse, thrust out Moderators lawfuUie estab- lished, and placed others, whome they found moste inclynable to their turbulent Humoures, associate to themselues, for choosing of the Commissioners to the Assemblie, a Laicke Elder out of each Parioch ; who beeing in moste places equall, if not moe in number than the Ministerie, made ehoyse both of the Ministers who should bee Commissioners, from the Presbyteries, as also of a Laicke Elder, (which in tyme will proue to bee a dangerous Consequence, and import an heavie Burden to the Libertie of the Church, and Church-men) beeing more directed therein, by the Warandes of the foresayde pre- tended Tables, than by their owne judgementes ; as appeared by the severall Instructions sent from them, (farre contrarie to the Lawes of this Coun- trey, and lowable custome of this Church) some whereof were produced, and exhibit by Our Com- missioner, and publicklie read : One whereof di- rected to the Noble-men and Barons of each Pres- byterie, doeth amongst manie other odde passages, require Diligence ; lest (say they) by our owne Sil- linesse and Treacherie,|wee lose so fayre an occasion of our Libertie, both Christian and Civill. A strange phrase, to proceede from duetifuU or loyall- hearted Subjectes ! The other, to the Moderators of severall Presbyteries, vnder the Title of Private Instructions, August 27, contayning, first. That these Private Instructions shall bee discovered to none, but to Brethren well-affected to the Cause. 2. Order must be taken, that none be chosen Rul- ing-Elders, but Covenanters, and these well-affected to the Businesse. 3. That where the Minister is not well-affected, the Euling Elder bee chosen by the Commissioners of the Shyre, and spoken vnto particularlie for that effect. 4. That they bee care- full, that no Chappell-men, Chapter-men, or a Mi- nister lustice of Peace bee chosen, although Cove- nanters, except they haue publicklie renounced or declared the vnlawfullnesse of their Places. 5. That the Ruling Elders, come from everie Church, in equall number with the Ministers. And if the Minister oppose, to put themselues in possession, notwithstanding of anie opposition. 6. That the Commissioner of the Shyre, cause conveane before him the Ruling Elder of everie Church, chosen be- fore the day of the Election, and injoyne them, vpon their Oath, That they giue voyce to none, but to those who are named alreadie at the Meeting of Edinburgh. 7. That where there is a Noble-man In the boundes of the Presbyterie, hee bee chosen : and where there is none, there bee chosen a Baron, or one of the best Qualitie ; and he only a Cove- nanter. 8. That the ablest man in everie Presby- terie bee provided to dispute, De potestate supremi Magistratus in Ecclesiasticis prcesertim inconvocan- dis Concitits, &c. Whereby it is moste evident, what Frelimitations, and indirect and partiall Courses, and dangerous Propositions, haue bene vsed in the Preparations and Elections to this pre- tended Assemblie. :By which vnlawfuU jloinges, al- tho Wee had suiBcient reason, to haue discharged the Meeting of the Assemblie, yet We pleased pa- tientlie to attende the same : Still hoping, that when they were met together, by the presence of Our Commissioner, and assistance of some well-affected Subjectes, who were to bee there, and by their owne seeing the reall performance of what was promised by Our Proclamation, they should haue besne moved to returne to the due obedience of Subjects. But when Wee perceaved, that ther turbulent Disposi- tions did increase, as was manifest by their repair- ing to the sayde pretended Assembhe, with great Troups and Bands of Men, all boden in feare of Warre, with Gunnes and PistoUs, contrarie to the Laws of this Kingdome, and in high contempt of Our Proclamation at Edinburgh, the xvj of Nov- ember last. As also by their peremptorie refusing to the Assessoures authorized by US, (altho fewer in number than our dearest Father was in vse to haue) the power of Voting in this Assemblie, as formerlie they had done in all others : openlie averring. That Wee nor Our Commissioner had no farther power there, than the meanest Commis- sioner of their number •• and by their partiall and vnjust refusing, and not suffering to bee read, the Reasons and Argumentes given in by the Bishops, and their Adherentes, to Our Commissioner, why they ought not to proceede to the Election of a Modera- tor, neyther yet to the trying and admitting of the Commissioners, before they were heard, tho in Our Name they were earnestly requested therevnto by Our Commissioner. And not-with-standing that Our Commissioner, by Warrand from Us, gaue in vnder his hand, a sufficient Declaration of all that was contayned in Our late Proclamation : Bearing lykewyse Our Pleasure, of the Registration of the same in the Bookes of Assemblie, for full assurance of the Trueth and Libertie of ReUgion, to all Our good Subjectes ; as doeth clearlie appeare by the Declaration it selfe, where-of the TenourfoUoweth: THE KING'S MAIESTIE beeing informed. That manie of his good Subjectes haue apprehended, that by the introducing of the Service-Booke, and Booke of Canons, the inbringing of Superstition hath beene intended, hath beene graciouslie pleased to discharge ; Lyke as by These hee doeth dis- charge the Service Booke, and Booke of Canons, and the practise of them, and eyther of them; and annuUeth and rescindeth all Actes of Councell, Pro- clamations, and other Actes and Deedes whatso- ever that haue beene made, or published, for esta- blishing of them, or eyther of them ; and declar- eth the same to bee null, and to haue no force, nor effect, in tyme comming. THE KING'S MA- IESTIE, as hee conceaved for the ease and bene- fite of the Subjects, established the High Commis- sion, that thereby lustice might bee administrate, and the faultes and erroures of such persons as are made lyable therevnto, taken order with, and pun- ished, with the more conveniencie, and lesse trou- ble to the people : But finding his gracious inten- tion therein to bee mistaken, hath beene pleased to discharge, Lyke as by These hee doeth discharge the same, and all Actes and Deedes whatsoever made for establishing thereof. AND, The King's Majestic beeing informed. That the vrging of the fine Articles of Pearth Assemblie, hath bred Dis- traction in the CHURCH and ESTATE, hath beene graciouslie pleased, to take the game to his Royall Consideration; and, for the Quyet and Peace of his Countrey, hath not onlie dispensed with the practise of the saydes Articles ; But also discharged all and whatsoever persons, from vrg- ing the practise thereof, vpon eyther Laicke or Ec- clesiaticall person whatsoever ; And hath fred all his Subjectes, from all Censures and Paynes, whether Ecclesiasticall or Secular, for not vrg- ing, practising, or obeying them, or anie of them, notwithstanding of aniething contayned in the Actes _ of Parliament, or Generall Assembhe, to the contrarie. AND, His Majestic is farther con- tented, That the Assemblie take the same so farre to their Consideration, as to represent it vnto the next Parliament ; there to bee ratified, as the Es- tates shall bee found fitting. AND, Because it hath beene pretended. That Oathes haue beene administrated different from that which is set downe ]26 RECORDS OF THE [1638. iti the Actes of Parliament, his Majesty is pleased to declare by mee, That no other Oath shall be re- quired of anie Minister at his Entrie, than that which is set downe in the Act of Parliament. AND, That it may appeare howe careful! his Ma- jestic is, that no Corruption, or Innovation, shall ereepe into this Church, nether yet anie Scandall, Vyce, or Fault, of anie person whatsoever, censur- able or punishable by the Assemblie, goe long vn- punished. HIS MAIESTIE is content to declare by mee ; and assure all his good People, That Ge- nerall Assemblies shall bee kept so oft, and alse oft, as the EfFayres of this Church shall requyre. AND, That none of his good Subjeetes may haue cause of Grievances agaynst the Proceedinges of the Prelates, HIS MAIESTIE is contented, That all and everie one of the present Bishops, and their Successoures, shall bee aunswerable, and accord- inglie from tyme to tyme, censurable, according to their merites, by the Generall Assembhe. AND, To giue all his Majestie's good People full assur- ance, that hee never intended to admit anie Altera- tion, or Change, in the True Religion, professed within this Kingdome ; AND, That they may bee truelie and fullie satisfied, of the Realitie of His Intentions, and integritie of the same. His Majes- tie hath beene pleased, to requyre and commaund all his good Subjeetes, to subscrybe the Confession of Fayth, and Band for mayntenanee there-of, and Of His Majestie's Person, and Authoritie, formerlie signed by his deare Father, in Anno 1580 ; And nowe also requyreth all these of this present Assem- blie, to subscrybe the same. AND, It is His Ma- jesties will. That this bee insert and registrat in the Books of Assemblie, as a Testimonial! to Posteritie, not oneUe of tlie sinceritie of his Intentions to the sayd True Religion, but also of His Resolution, to mayntayne and defend the same, and His Subjeetes, in the Profession there-of. Which Declaration was by Our special! Commaund and Direction given in, and subscrybed by Our Commissioner, vpon Pro- testation made by him. That his assenting to the registratiug heere-of, should bee no Approbation of the lawfulnesse of this Assemblie, nor of anie of the Actes or Deedes done or to bee done therein. And finding them in lyke sort, nowayes to be satisfied therewith, and that nothing else was able to giue them content, except at their owne pleasure they were permitted to overthrowe all Episcopal! Go- vernment in the Church, and thereby to abrogate Our publicke Lawes standing in vigour, by the space of manie yeares by-gone, and to alter the fundamental! Governament of this Kingdome, in taking away one of three Estates, contrarie expresse Actes of Parliament. And lest the continuance of their meetings, might liaue produced other the lyke dangerous Actes so derogatorie to Royal! Authori- tie ; Wee were forced for preveaning thereof, and for the causes and reasons aboue mentioned, and dy verse others importing true Monarchical! Go- vernament, to dissolue and breake vp the sayde pre- tended Assemblie, and to discharge them of all far- ther meeting, treating, or concluding of anie thing therein : And yet in that calme and peaceable way, as Our Commissioner before his removing desired their pretended Moderator for that tyme, to haue sayde Prayer, and so concluded that dayes Session ; that so they might haue had tyme to thinke vpon the just reasons of his refusing, to assist or bee anie longer present at the sayde pretended Assemblie ; and of the causes moving Us to the dissolving there- of. And notwithstanding his earnest vrging the same, and being willing to returne the next Morne to heare their Answere, in place of all other satisfac- tion to his so reasonable and moderate desires, was refused, and met with a Protestation, of an high and extraordinarie strayne : Thereby presuming to sute and call our Counsel! in question, for their duetifull assistance, and obedience vnto Us, and Our Com- missioner. And finding their disobedience thus to increasse. Wee were constrayed to discharge them anewe agayne the next day thereafter, by publicke Proclamation, vnder the Payne of Treason. And albeit that their continuance is such, as hath not beene heard m former tymes yet they shall never moue Us, to alter the least poynt or Article of what Wee haue alredie declared by Proclamation, or De- claration vnder Our Commissioner's hand: AH which was pubhcklie read, and by our Commis- sioner requyred to bee insert and registrated in the Bookes of Assemblie, therein to remayne as a Tes- timonie to Posteritie ; not onhe of the sinceritie of Our Intentions to the true Religion ; but also of Our Resolution, to mayntayne and defende the same, and Our Subjeetes, in the Profession thereof. AND perceaving lykewyse. That in contempt of OUR PROCLAMATION at GLASGOW, thexxix of November last, they goe stiU on, to conveane, meete, and to make illegal! and vnwarrandable Actes, WEE haue conceaved it fitting, to fore- warne aU Our good Subjeetes, of the Daunger that they may incurre, by beeing insnared by these their vnlawful! Procedures : And, to this purpose, doe not onelie liberate and free them, from all obedience to anie of the pretended Actes made, or to bee made, at the sayde pretended Assemblie, or Com- mittees direct therefrae : but also doe free them from aU Payne and Censure which the sayde pre- tended Assembhe shall inflict vpon them, or anie of them : AND, THEREFORE, Doe dischai-ge, and proliibite, all Our Subjeetes, That they, nor none of them, acknowledge, or gieue obedience, to anie pretended Actes, or Constitutions, made, or to bee made, at the sayd pretended Meetinges, vnder all liighest Paynes. AND, WEE commaund, charge, and inhibite, all Presbyteries, Sessions of Churches, and Ministers, witliin this Realme, That none of them presume, nor take vpon hand, privatelie, nor publickhe, in their Sessions and Meetings, nor in their Conferences, Sermones, nor none other man- ner of waye, to authorize, approue, justifie, or allowe, the sayde vnlawfuU Meeting, or Assemblie, at GLASGOW, nor yet to make anie Act there- upon, nor to doe any other thing, private, or pub- Ucke, which may seeme to countenance the sayde vnlawfull Assemblie, vnder the Payne, to bee holden, reputed, and esteemed, and persued, as gmltie of that vnlawfull Meeting, and to bee punished for the same, with aU Rigour. AND SUCH-LYKE, WEE commaund all and sundrie Noble-men, Barrens, Gentle-men, and Magistrates, and all others, Our Liedges, who shall happen to tiee pre- sent, and lieare anie Ministers, eyther in publicke or private Conferences and Speeches, or in their Sermones, to approue, and allowe, the sayde vnlaw- full Assembhe, to rayle, or vtter anie speaches agaynst Our Royall Commandementes, or Proceed- inges of Us, or our Counsell, for punishing or sup- pressing such enormities ; That they make relation, and report thereof, vnto Our Cotmsell, and furnish probation ; to the efiect the same may bee accord- ingUe punished ; as they will aunswere to US there- upon : Certifying them, who shall heare, and con- ceale the sayde speaches, that they shall bee es- teemed as AHowers of the same, and shall accord- inghe bee taken order with, and punished therefore, without favour. AND, To this effect, WEE lyke- wyse straytlie charge, and commaund, all lodges 1638.] KIRK OF SCOTLAND. 127 whatsoever within this Eealme, Clerks, and Wry- ters, not to graimt or passe anie Bill, Summonds, or Letters, or anie other Execution whatsoever, vpon anie Act or Deed proceeding from the sayde pretended Assemhlie ; AND all Keepers of the SIGNET, from signetting thereof, & that vnder all highest Paynes. AND, Because Wee gaue Order and Conunaund, to Our Commissioner, to make open Proclamation, not onUe of Our Sense, but even of the true meaning of the Confession of Fayth, in Anno 1580 ; by which it may clearlie appeare, That as Wee never intended thereby to exclude EFISCOPACIE ; So by no right con- struction can it bee other wayes interpreted ; as is more than evident by the Reasons oontayued in the sayde Declaration, and manie moe, which for bre- vitie (the thing in it selfe beeing so cleare) are omitted. HEREFORE, WEE doe not onelie prohibite, and discharge, all Our Subjeetes, from subscrybing anie band, or giving anie Writ, Sub- scription, or Oath, to or vpon anie Act or Deed, that proceedeth from the sayde pretended Assem- blie : but also doe requyre them, Not to subscrybe nor sweare the sayd Confession, in no other sense, than which is contayned in the sayd Declaration, manifested and emitted by Our Commissioner, vnder all highest Paynes. AND, That none of Our good Subjeetes, who in their duetie and bound obedience to US, shall refuse to acknowledge the sayd pre- tended Assemblie, or anie of the pretended Actes, Constitutions, Warrandes, or Directions, proceeding therefrae, may haue just ground of feare of danger or harme by doing hereof, WEE doe by These pro- mise, AND, UPON THE WORD OF A KING, Obliedge Our Seines, By all the Roall Authoritie and Power wherewith GOD hath endowed US, To protect and defend them, and everie one of them, in their Persons, Fortunes, and Goods, agaynst all and whatsoever person or persons, who shall dare or presume, to call in question, trouble, or anie wayes molest them, or anie of them, therefore. AND, OUR WILL IS, And WEE commaund, and charge, That incontinent, these Our Letters seene, yee passe, and make publication heereof, by open Proclamation, at the Mercat Crosse of EDIN- BVRGH, and others places needfull ; Where- through none pretend ignorance of the same. Given from Oui- Court at WHYTE-HALL, the viij day of December, and of Our Reygue the fourteenth yeare, 1638. 1638.— December 20. 107. -^ Letter from the Generall Assembly at Glas- gow to the Marques of Hamilton,* Most Noble LoRn, Having beene witnesses of the loyall and regall proceedings at the last assembly at Glasgow, q' we know a humble supplication was appointed to be * Folio MS., f. 46. There is no date to this Letter in the copy from which we transcribe ; but it was probably written about the time the Assembly 1638 dissolved ifself on 20th December, when the Suppli- cation to the King from the Assembly was adopted, {vide p. 4] of these Records.) Baillie, in his 11th Letter, dated September 28, 1639, gives the following account of the reception of that Supplication; and it is interesting as an index to the state of feeling on the part both of the King and Covenanters. It is stated in the Folio MS., that the Supplication to the King was " sent up w' Mr George Winrahame," who was proba^ bl y, therefore, the bearer both of it and of thi s Letter to Hamilton. Baillie says (vol. i. p. ISO), " The Suppli- cation which we decreed in the Assembly of Glasgow sent to his graeeous Ma., in thankfull acknow- ledgement of the benefifes q""", by the indiction of that Generall Assembly, from his Ma. pietie and justice, doth redound to all his subjects, and for humble supplicating his Ma. to continow in his gra- cious resolution to performe his royall promise, in holding the Parliament indicted, from his owne bountie and goodnes, for ratiiieing the acts and constitutions of that Assembly ; as the same hath comfortablie refresched his Ma. loyaU subjects, so will they be able to justifie themselves to any im- partial! reader. Therefore we are bold to intreat your Lo. that, by your favour, our petition may have accesse to his Ma. royall hands, and unfolding your Lo. judgement, impartiallie to receave the simple trueth, his Ma. may have better seasoned informa- tions of his loyall and faithfuU subjects' proceedings, then can be expected from the enemies of this Church and State, among quhom we shall be verie sorie to reckon your Lo., tho' we have too good rea- son to suspect your Lo. carriage here, in opposing the most reasonable motions, and justest actions, q"" did proceed from ws, quhensoever your Lo. per- ceaved any of our just demands in the least mea- sure to be any wayes dissonant from his Ma. plea- sure. But quhen we remember your Lo. best ar- guments ever to have beene more for satisfieing of his Ma. desires, (oft tymes proceeding from the Sinistrous information and Calumnies of our ene- mies, for their owne ends,) then any other ground or reason quhilk we could find, we are confident, as your Lordship loves both his Majesties honour, persone, and authoritie, that yow give reall proofe of it at this tyme, both by your Lordships meanes, who lies taken so great and insatiable paines in this bussinesse, his Ma. may know the trueth of our pro- ceedings, that neither of these may run hazard in our suiferings. We acknowledge it not to be the leist of our evills, indeed, that our graeeous Sover- aigne lives at such distance ; for, be the fountaiue never so pure, the streames may, and oft tymes are, corrupted, before they can rnn so farr, if the channell be not verie cleane, qwhich, to our great greefe and prejudice, hes beene wanting to our actions this long tyme ; and if it be not supplied tymouslie by your Lo., both out of your duetie to our King and Countrie, we may, by interposition of our adversar- ies malice and power, as ecclipsedfromthe beames of to be sent to the King, could hardly be got presented. However, many would have ventured to have gone ■with it though their heads should have gone therefor ; yet understanding of the King's wrath and the danger there was, even in peaceable times, for any subject to play the ambassador, or capitulate with the Prince when he did not call for or his council did not send up, which by law and his declared will is appointed to be his only informer in high points of state ; also hearing oft words from court of great spite against the very lives of most of our nobles, gentry, and mi- nistry, who were able to agent our business, it was resolved that non e of note or parts should go up, with- out greater assurance of their return than could for that time be expected ; and withal, a gentleman of the Marquis of Hamilton's acquaintance, Mr George Winram, undertook, on all hazards, to deliver to the Marquis the Supplication, and, upon his refusal, to give it to the King liimself. He was no worse than his word, as, indeed, some of our fair undertaking statesmen thereafter did prove. He went to Court, shewed the Marquis his errand. His Grace ac- quainted the King, who was pleased that it should be received. His Grace took it, and on his knee read it to his Mioesty in the Council. The best answer it got was, ' When they have broken my head, they would put on my oowl.'" 128 RECORDS OF THE [;i638. his Ma. favour, be the first sufferers. But his Ma. cannot but find his owne losse, by sympathisiing with his loyall subjects in the so much threatned ruineof this his native and antient Kingdome ; and we will never beleive that such thought can possesse the heart of so gracious a King, But are confident, when the trueth of all our actions shall, without any by respect, (as we take God to witnesse, we had no other end but for his divine glory, and the honour of our King,) be made knowne, and pondered in the ballance of his Ma. righteous judgement, our fidelitie and loyaltie shall appeare ; and his Ma. gracious dealing, in adding the Sanction of his roy- all auctoritie and Civill law, by Parliament, for cor- roborating the religious constitutions of that late and most lawfuU nationall Assembly of this Kirk, will be a most evident demonstration of his Majes- ties pietie and justice to the discoverie of his secrete enemies, the comfort of all his loyall subjects, and his Majesties never dicing glorie ; for all quhich ends, and for expressing our duetie and obedient respect to his Majestie, we could excogitat nothing more conduceable then, by that humble supplica- tion, heartilie to acknowledge our thankfulnes for the effects of his foregone favour and bountie, and humblie to crave that his Majestie may, for establish- ment of religion, joyne the authoritie of Civill law, as the strongest bond of our obedience ; and we hope that your Lordships affection to religion, yoiu* countrie, and your respect to his Majesties honour, and the equitie of our desires in a bussines deserv- ing the greatest, and beseeming the best affected, instruments, will be sufficient motives to make your Lordship contribute your best endeavours for set- tling such a soUde peace in this Kirke and King- dome, as may preserve that love and heartie obe- dience dew to his Majestie ; q"*" is and shall be the sincear and earnest desire of Your Lordships humble Servants. Mc^ovt «£ ^^troccctrms^ GENERAL ASSEMBLY AT GLASGOW, 1638. Having, in the foregoing pages, given an account of the occurrences which preceded this memorable Assembly, and reprinted from the authentic edition, the principal Acts which it passed ; arid, having su- peradded thereto, an abstract of various proceed- ings not embraced in any copies of those Acts hither- to published, as well as an ample collection of his- torical documents therewith connected, we shall further add to these particulars, a detailed Report of the whole of the discussions that took place from the first meeting on 2 1st November to the dissolu- tion of it on 20th December 1638. For the valuable MS. whence this Report is taken, we are indebted to the politeness and liberality of Mr J. Smith, youngest, of Glasgow. It forms a portion of a volume of MS.S. belonging to Stirling's Library in that city, which also contains a similar report of the proceedings in the subsequent Assem- bly of 1639, and various other curious documents relative to that period of the Church's history. The hand-writing may be referred to the period of the Assembly, or the middle of the seventeenth cen- tury; and from several roarkmgs on the volume, in the handwriting of Wodrow, which is well known, it appears to have at one time formed a part of his valuable collection of historical and ecclesiastical records. The volume may be referred to as " The Folio Manuscript." Of its subsequent history we have no information; but from all its character- istics we consider ourselves warranted to assume that it possesses a. high degree of authenticity. The volume referred to is marked " Stirling's Public Library, c. i. 11," and in the index prefixed there are the following items : — " Imprimis — ^a Collection of Petitions, Remon- strances, Narrationes, Speeches, and other peapers, published in the beginning of our troubles in 1636, out of which may be gathered a perfect historic, y'of— from folio 1 to 94." "Item — the Sessions, Actings, and Canons of the 2 Gen" Assemblies holden att^ Glasgow^ & Edin- burgh, the one in 1638, y= oy"^ in 1639, containing att great length everie thinge that past, ather spoken or done y'in : This takes up till folio 312." It is from the record thus described that the following report is extracted. Before the MS. which we have adopted had come into our hands, Mr David Laing, librarian of the Writers to the Signet, had kindly communicated another and similar report, but wanting several leaves both at the beginning and end ; and we were in hopes ere now to have had also in our possession a third MS. belonging to Mr Simpson, schoolmaster of Corstorphine, from which Dr Alton states he took his accoimt of the Assembly 1638, that is given in his Life of Henderson. Circumstances, however, have occm'red to prevent this ; but we are enabled, on the authority of Professor Fleming, of Glasgow College, who has collated these MS.S., to say that it coincides . entirely with the Stirling's Li- brary Copy. Mr Laing's copy seems to have at one time belonged to Dr Boog of Paisley : Mr Simp- son's was found in the repositories of a deceased brother, who was a preacher of the Secession com- munion ; but we have not been able to learn any further particulars than those now mentioned, with respect to the several MS.S. referred to. The one which we subjoin, however, and the other docu- ments that we have collected, will, we trust, ren- der the present, on the whole, the most complete account of the Glasgow Assembly which has ever yet been published. In addition to the documents contained in the " Large Declaration," " Burnet's Memoires of the House of Hamilton," and " Balfour's Annales," we have to acknowledge the accession which we have obtained of some of the earlier edicts of Charles I. and the Scotch Privy Council, derived from the ori- ginal record — an obligation which we owe to Mr A. M'Donald of the Register House, and which we prize the more, because these documents have been suppressed in the various works to which we refer. To the Rev. Mr M'Crie, too, we are indebted for the use of a Collection of Documents which 1638.] KIRK OF SCOTLAND. 129 belonged to his distinguished father, from whence we have gleaned several important writs, the authen- ticity of which is established by the duplicates at- tested under the hand of Archibald Johnston, the Clerk of the Assembly 1638, still in the repositories of the Church. [November 21, 1638.] ^ The first day, the Commissioners from the King and Kirke being conveined, after prayer be Mr John Bell, Moderatour, agried upon till a modera- tour was chosen. The King's Commission to the Marqueb was [read], next the Commissions from 66 severall presbitries wer given into the Clerkes sone of the former Assembly,',together with the Commis- sions from townes aud colledges, and the names of the Commissioners red. Sess. 1.* After in calling vpon the name of God, The Kings Commissioner requyred that the Commissions might be examined before a Moderatour should be chosen, least some men should voit in chooseing a Modera- tour, who wer not instructed with a sufficient Com- mission. It was answered be the Earle of Rothes, Lord Loudoun, Mr Alex"' Henrysone, Mr David Dick, and Mr W™ Livingstoun, that a Moderatour be- hoved first to be chosen, before the Commissions could be examined, for thir reasons : — A Ecclesiasti- cal! Moderatour should be chosen by the suiTrage of such as have given iu their Commissions for the Kirke and Burghes before particulars can be tryed — first, becaus this is the order and practise of the Kirke of Scotkind. 2 reason, It is agrieable to reason, that the Assembly should descend by degries to the constitution from a promiscuous convention, to a number instructed with commissions from the seve- rall Kirkes of the kingdome, vnto whose commission that much respect is due, that they may be pre- sumed to be, for the most pairt, vaUde and worthie, at the least [to] have a voice in choyseing of a Moder- atour to themselves, by whose meanes everie com- mission may be more exactlie tryed. 3 reason, It is one of the poynts of the freedome of the As- sembly, that the Commissioners from the Kirkes and burghes choyse their owne Moderatour, inconti- nent after the exhibition of the Commission, least any thing which concernes them be done inordourly or without the consent in the meeting where they are present. 4 reason. The Tryell of the Commis- sions is one of the worthiest matters of the Assem- bly, and never were there any discussion of the va- liditie of them before a Moderatour was chosen, and the judicatorie brbught to a frame, so farre as the whole might judge of everie pairt ; nor can they be discussed till the propper judicatorie be ance sett in a toUerable manor, which be the lawes hes au- thoritie to judge thereof. 5 reason. It was re- quired in all the supplications for a free Assembly, that the questions belonging the maner and matter of AssembUes, should be referred to the Assembly it selfe ; and, now a free Assembly is granted and indicted, therefore a formall Assembly must ance * It will be observed that there is a discrepancy as to Sessions and Dates during the earlier sederunts of the Assembly— the third being entirely omitted in this Report or blended with the second, while Baillie and the Clerk's abstract give a different arrangement ; but we deem it our duty to adhere inflexibly to the text as it stands. — Ed. be made before any ecclesiastick question belonging to the Assembly can be rightlie discussed, which cannot be done till a Moderatour be chosen by com- mon consent of the Kirke conveened- 6 reason. Seeing it is certaine, that these who are come doe represent the Kirkes from which they are come, and are instructed so well as they could be their know- ledge, it were wrong done to the Kirkes conveened, not to suffer them to begin their owne incorpora- tion, and to draw their oune Members to some or- dourlie frame that at the first entrie they may pro- ceed ordourlie. 7 Reason, Whatsomever reason can be alleadgit why the Commissions caunot be postponed to the chooseing of the Moderatour, will be more valide to prove that they cannot be dis- cussed before the chooseing of a Moderatour. 8 Rea- son, Progressus erit in injinitum. My Lord Com' his Grace gave way to the choose- ing of a Moderatour, provyding it shall no wayes import his Graces acknowledgement of the votters, or such as shall be meit, or any of them, to be law- full Members of this Assembly. But it shall be lawful! to his Grace, or any other at convenient tyme, to say they cannot be lawful! Members there- of ; whereupon his Grace took acts and Instruments, as likewayes protested in name of tlie Archbishops and Bishops of this Kingdome, that no nomina- tion or election of a Moderatour, Commissioner, or other Member of the said Assembly, made or to be made, nor the receaving, admitting, or allowing of any pretendit nomination, election, or Commission, before, to, or at the said Assembly, past or to be past in favours of or in the behalfe of any Member thereof, shall prejudge them or any of them in their place, voit, office, jurisdiction, dignitie, or privi- liedge belonging to tliem or any of them, be what- somever laufull right or custome, but that the same shall remaine to them, and everie ane of them, safe and inviolable, notwithstanding of anything done or to be done at the said Assembly ; whairupon the said Commissioner his Grace tooke acts and Instru- ments. Farther craved ane other paper presented be Doctor Hamilton, in name of the Bisliops, to be read publictlie, quhilk_being refuised, the said Com- missioners Grace protested, toolte acts and Instru- ments : farder, the said Commissioners Grace de- claired that his Majestie had appoynted six noble- men, his Assessours, to repair to Glasgow, and to have voit in the said Assembly ; and for that effect Iiis Majesties Letters, directed to them, was pro- duced ; and accordinglie his Grace desired that, be- fore any voting of the Moderatour, it should be condiscended that the foresaid Assessours should have voit, conforme to his Majesties Letters, which being refuised, his Grace protested and tooke acts and Instruments. Farder protested that the Bishops, who were authorized be act of Parliament, are called pretendit Bishops. The Protestation of the Commissioners fra Pres- bitries, Burghes, and Universities, and of the Complaints against Prelate. We Commissioners of Presbitries, Ministers, and Elders, Commissioners of Burglies, and Universities, in our owne name, and in the name of the whole Church of Scotland, whom we represent. That whereas liis Majesties pommissioner protested that he gave way to the chooseing of ane Moderatour, without aclcnowledging of the voits of any of them to be lawful! members of this Assembly ; but that it be lawful! to him or any other to say, at conve- nient tyme, why they cannot be lawful! members ; We protest that this protestation made be my vol. I. 9 130 RECORDS OF THE [1638. Lord Commissioner his Grace, be no wayes preju- dicial! to the lawful! commissions produced be Min- isters, Elders, and Commissioners of burghes and vniversities, q" shall be allowed unto tliis Asseml^ly, nor unto the freedome thereof, nor be any ground of quarrelling this Assembly and the proceedings thereof, in any time coraeing ; hot, on tlie contrare, seeing we ofiTer to heare all objections in a compe- tent Assembly, at tlie discussing of the particular commissions. We protest that this Assembly, now fenced in the name of the Sone of God, be esteemed and reputed a free GeneraU Assembly in all tyme comeing, and that it shall be lawfuU to us to extend this our pro- testation, and insert the reasons thereof, in any tyme before the dissolving of this Assembly ; where- upon we tooke instruments. Lykeas we Commissioners of Preshitries, Burghes, and Universities in manner foresaid. That q'as his Majesties Commissioner, in name of the Arch- bishops and bishops of this Kingdome, protested that no nominatione or election of Moderatour, no allowance of any pretendit commission in favours of any Members of this Assembly, nothing done or to be done in this Assembly, past|or to be past, shall prejudge them in their voit, office, jurisdictione or dignitie belonging to them, be whatsomever law or custome : We Protest against this protestation of his Majesties Commissioner made in favours of the pretendit bishops and their pretendit priviledges in this kingdome, untill they and y' rights and priviledges now complained upon be the most pairt of this Kingdome in y' summonds, as usurpations, contrare to the word of God, Confession of faith, doctrine and discipline of this Kirke, to be tryed and allowed or disallowed in this Assembly, and that the determination y^of therein, according to the word of God and Confession of faith, be esteemed and observed, and most just and lawfuU; and we protest in favours of the liberties, priviledges, and discipline of this reformed church, and freedome of this Assembly in all ecclesiasticall matters, con- forme to the Confession of faith and Covenant of this Kingdome, renued wifh the Lord, and for li- bertie to extend this protestation, and the reasons thereof, before the dissolving of the Assembly ; q'upon we tooke Instruments. Lykeas We Noblemen, barrones. Ministers, bur- gesses, and Commouns, subscribers of the Covenant and persuers in the Commonn Complaints and Sum- monds against bishops. Protest that the Commis- sioner his Graces nomination of them, the Lords of the Clergie, and protestation in favours of y' calling, voits, dignitie, priviledges, be no wayes pve- judiciall to the Covenant subscryved be us, to the policie of the Kirke, nor to our Summonds and Com- plaints against these our pretendit dignities, titles, and callinges, as contrare to the Confession of faith and word of God, nor to the freedome of this As- sembly in their trying and discussing of our said Complaints ; and we protest for libertie to extend this protestation ; q'upon we take acts and Instruments. Lykeas, We Commissioners for Presbitries, burghes, and Universities, That q%s his Majesties Commissioner having craved ane paper, presented be Doctor Hamilton in name of the Bishops, to be red publiotlie, being refuised, did protest and take Instruments, We protest that before ane Assem- bly was constitut, and the Moderatour chosen, we would heare no supplications, billes, nor protesta- tiones, but after the constitutione of the Assembly we should heare the same and give them an answer, and protested that they might be there personallie present for to answer to the Summonds and Com- plaints against them, with libertie to adde y'upon and tooke Instruments. Lykeas, quhensoever his Majesties Commissioner protested against our protestations, both the Com- missioners from burghes and universities on the ane pairt, and the persewars and theComplainers on this, have renued their protestation against the Commis- sioners protestations : We Commissioners from Pres- bitries, Burghes, and Universities, That quhereas his Majesties Commissioner produced his Majesties Letter to Six Noblemen for to be his Assessours, and accordinglie desired that the foresaid assessours should have voit according to his Majesties Letter, and protested upon the present refusall of it before the election of a Moderatour, we protested, that seeing his Grace was his Majesties sole Com'', that none should have voit but the Commissioners from Presbitries, Burghes, and Universities, for thir rea- sons, q""' we are readie to shaw, for thir reasons to the Assembly being constitut after the election of a Moderatour, and protested for libertie to extend their owne protestation, and insert the reasons thereof any tyme before the dissolution of this As- sembly : q'upon we tooke Instruments, and y'after gave in the reasons following. Concerning the voiting of his Majesties . sours in the GeneraU Assembly. With that respect which we ought to his Majes- ties Commission, and to the persons and places of the pryrae Noblemen and Counsellours, his Grace his Assessours, for the preservation of the libertie of the Kirke of Jesus Christ, in this his Majesties Kingdome of Scotland, we the Commissioners from particular Presbitries, Universities, and burghes, here solemnlie assembled, in all humilitie, doe remon- strat that his Majesties Commissioner and Assess- ours can have but ane voit, in all matters treated and reasoned in the Assembly, for the reasons fol- lowing : 1. Becaus the General! Assemblies, in the matter of it, is ane ecclesiasticaU meeting of persons eccle- siasticall. Ministers and Elders, representing the whole particular persons and presbitries quhilk col- lectiveiie cannot convenientlie or possiblie conveme, and the Christian Magistrat doth not so much mul- tiply voits for himselfe, as by his power, auctoritie, and command, and provyde that every particular Commissioners voit be asked and heard in order and quyetnes, that thereby the judgement of the Assembly, in everie poynt presented to their consi- deration, may be knowne. 2. We have had 39 Assemblies of this Ku-ke, without the presence of the Kings Majestie or any Commissioner sittmg in the Assembly in his Majes- ties place. 3. It is not to be supposed that his Majesties Com' should have moe voits in his Ma. personall absence, then if he were in sacred persone present, since, jure representationis, they are all but ane, and ought to voit as ane. 4. This might prove contrare to his Ma. graceons intention, very prejudicial! to the libertie of the Kirke, there being no determination of the number of voits, for thus his M. affirmative voice might be turned in a negative ; neither doth this Kirke want experience of this great danger. 5. As assessours sent from particular presbitries for assisting, thir Commissioners have no place to voit, so it is to be supposed that these assessours, appointed to attend his Majesties Com' are only to give their advice and assistance unto his Grace in the great affaires of the Assembly, that all matters may be ordedie and peaceablie disposed. 1638.] KIRK OF SCOTLAND. 131 fi. Although we doe not pry narrowlie into his Majesties Commission, yet since we perceave it is granted to the Marqueis of Hamiltoim as his Majes- ties sole Commissioner, we cannot admitt that any be equall to his Grace in voiting in tlie Assembly. ^ 7. As the Ecclesiasticall Moderatour, be the Acts and practise of this Kirke, hath some Members of the Assembly joyned to him to be assessours, who yet thereby have no further power granted to them than they had before be their Commission, so it is with pre'ses polUicus. And whereas, his Majesties Commissioner pro- tested that the bishops who were authorised be Acts of Parliament were called pretendit bishops, the complainers against bishops protested that such they were and such they should be esteemed and called, conforme to the summonds ; and the Commissioners from presbitries, burghes, and universities, pro- tested, that they should be so called till the com- plaints against them for the sameii should be dis- cussed, with libertie to adde ; whereupon they tooke instruments. The Moderatour for the iyme having declaired that the constitution of a Moderatour must he the first act, and goe before the act of examination of the Commissions, he puts upon the leitts Mr John Ker, Mr John Row, Mr James Bonar, Mr W" Livingston, and Mr Alex' Hendersone : the leitts being approven, and Mr Alexander Hendersone was chosen Moderatour be the voits of all the voits, not ane contrare except his oune. Sess. 2.' [November 22.] After in calling upon the name of God, The Moderatour craved that a list might be given for chuseing of a Clerk. The Com' asked why a clerk should be elected, seeing there was a clerk there present, and what could be said against him why he should not execut the office in his fathers lifetyme ? The Moderatour answered — Please your Grace, the clerks sone could not be called the clerk. The Commissioner required that the young man might have libertie to speake for himselfe, who, be- ing permitted to speak, alledgit that his father was provydit to the office by the dimission of Mr Tho- mas Nicolsone, and hath served in the office after his dimission, and hath keeped the Registers, and hath given out extracts of the Acts and conclusions of the Assembly ; and now being infirme and sicke, and not able to serve at the tyme, has surrogat me his sone in his place. The Moderatour answered — Albeit Mr Thomas Nicolsoue had the office and had demitted to his father, yet was not his Father elected by the As- sembly ; albeit, he had now possessed the office by the space of 20 yeares, yet I see not how the office can goe by deputation. The young man answered — That beside the office of Mr Thomas Nicolsone, his father had the office by election in anno 1616. The Moderatour answered — That he was not cho- sen by the voits of a free Assembly; and whether it was so or not, it matters not now, seeing he was become old, infirm, and sicke, and so unable to attend frequent Assemblies, which now we expect be the mercie of God, and with his Majesties favour and allowance ; yet if there be any question in the mat- ter, I shall ask the voits of the brother ; but in my judgement, Edinburgh being the centure of the Kingdome, quhereunto all subjects have greatest resort, it is expedient, yea necessar and good, that the clerk should reside att Edinburgh. 1 grant the Clerk received no detriment be his fathers function, beeaus his employment was but small. The Earle of Rothes answered — Albeit his father had undoubted right to the office, yet the office is not transmissible : whereupon the young man re- mitted his interest in the office to the consideration of the Assembly. The Commissioner answered — By what power the young man could demitt his ffathers right ? The young man answered — That he did not de- mitt his Fathers office, but onlie submitted his inte- rest in it to the Assembly. The Commissioner said — That he did not call in question the power of the Assembly concerning the election of a Clerk, hut he desired to know how Mr Thomas Nicolsone having demitted his right in favours of the young man his father, and how hia Father having enjoyed the office to this day, how ane other clerk should be elected, he being yet alive ? My Lord Lowdoun answered — That his father being absent, old, and sicke, could not now supphe the place, and y'' the Assembly, now conveened, behooved to see to it, and surrogat ane other in his place — a man of skill and judgement — seeing he was civiliter mortuus — unable to come hither ; yet I speake not this to prejudge his sones benefice, for the Assembly may consider of it ; but if he hes a power from his father, he may submitt that to the judge- ment of the Assembly, and the Assembly may choose ane other without doing wrong to the young man. The Commissioner answered — If, by reason of Gods hand on the man, they would yet macke [him] further to be a sufi'erer and a leaser, seeing he hath done the pairt of ane honest man, and his gift of office here doeth bear deputation, why will ye not suffer him to depute his sone in his place as others have done before ? For albeit he be old, infirme, and sicke, that may not take away his place, if sick- nes be on him by Gods hand, and againe throw time he shall be frustrat of the meanes to mentaine his life in his old age. Lord Lowdoun answered— It is charitablie and justlie pleaded, and I think he should not be pre- judgit the meanes of his life in his old age; but seeing there ai'e here two prejudices in hand — ane to the Generall Assembly and other personall to the man — the lateis prejudice must yield to the former, and the Assembly must be served, and the man in his age and sicknesse supplied ane other way. As for deputation ane other in his place, we know he hes no power of it. My Lord Rothes said — That the strenth of his fathers right to the office was not from Mr Thomas Nicolsones admission, but of that which the Assem- bly gave unto him ; and what right the young man craved by deputation, he hath now put it in the hands of the Assembly. The Moderatour asked — If the clerks place was not vacant for the tyme, and if it be not vacant, how shall the Assembly be provydit for a clerk for the tyme ? My Lord Rothes said — The Assembly calls for a clerk, and his father compeirs not ; how is it fur- nished ? My Lord Lowdoun answered — Let the" young man who craves the right adhere to it, and let it be decydit by the Assembly, or els submitted to the Assembly, or els choose your oime Clerk. Whereupon the young man submitted himselfe to the Assembly. The Moderatour craved that a lite might be given in for chooseing of a Clerk, and so a lite of four was 132 RECORDS OF THE [1638. given in : Mr Thomas Sandilands, sone to the clerk, Alex' Blair, John Nicoll, and Mr Archibald John- stone ; and it was requyred that these men that shall be elected shall be obliged to reside at Edin'. The Moderatour asked the Com' which of these four his Grace would voit into ? The Com' answered — That he knew not any of them, neither would he Toit to any of them, hecaus he had not as yet seene a lawfuU dimission of the present Clerk. The Moderatour replyed — Then your Grace will be a non liquet. The Com' answered — I desire that the voits of the Assessours nominat by his Majestic might be asked in a nomination of a Clerk. The Moderatour said — Seeing your Graces asses- sours get no voit in chooseing a Moderatour, being a superiour office, it was not fitt to trouble them with asking their voit anent the election of a Clerkj being an inferiour office. The Com' craved that the protestation made yes- terday might be read over agaiue the day, anent the Kings power in appointing of assessours ; which protestation being red, The Com' craved that my Lord Argyle, Tra- quair, Southesk, Lauderdaill, might voit according to, his Majesties command, given in.severall letters ; which Letters being sein and red, Traquair craved that these assessours appoynted be his Majestie might have voit, as the custome was in King James, of worthie memorie, his tyme ; and deolaired, according to his Majesties command, he was readie to assist and give his voit. The Moderatour answered — That it was not want of due respect to their Lordships that moved them to refuise your Lordships voits ia this, but onlie to mentaine the Kings libertie — quherfor your Lord- ship had als goed reason to be als zealous as any in the house. Traquair replyed — The imployment of this par- ticular was of such small moment, that except it were in obedience to his Majesties command, he would never dame it. As to the Kirks liberties, that they should be preserved ; yet why should any in the Kirk debarr the Kings Majestie from that libertie which to this day he never wanted in any As- sembly ? If the Kings Majestie be standing in a par- ticular possession of assessours to treat, reason, and voit, who should his Majestie be dispossessed now ? The Moderatour answered — That they should either condiscend to that his Lordship craved, or else satisffie him in reason ; and said, he would not deny but his Majestie had, in sundrie late Assem- blies,moe assessours then his one Commissioner, and yet there were also many Assemblies that neither King, Commissioner, nor assessours were present : which late Assemblies he wished this present Assem- bly had no reason to put them to the tryall. Traquair asked — If, becaus the King is not pre- sent now, as he was not present in ane other Assem- bly, if they would exclude him and these nominat be him to voit in this Assembly ? Moderatour answered — Therewas no intention to exclude his Majestie, but rather wished his Majestie were present to be ane eye witnesse to all thir pro- ceedings, and that he hoped for great favour from his Majestie if he were present, and that full satis- faction should be given to his Majestie, by Gods grace, to everie thing. Sir Lues Stewart said — Seeing it hath beene in use that his Majestie hath appoynted assessours. Commissioners, and all perteining to the Generall Assembly, why not now also ? Lowdoun answered — There were sufficient rea^ sons why it should not be so, and these reasons were put in the hand of the Moderatour to be red. Thir reasons being red, why the King only should have ane voit, Traquair said — Not out of any affection of im- ployment, but of love to the obedience of so gracious a prince, doe I take upon me to answer these rea- sons ; neither yet am I of such sharpness, capacitie, and quickness of witt, to make answer to everie ane of these particular reasons ; yet seeing we are tryed to make answer, we crave ane copie thereof that we may give our answer thereto, and desires that this matter of election of a Clerk may not be put to voit- ing till our reasons be heard. The Moderatour said — It is good reason to be so, and all of us hes alse good reason to be zealous of the Kings honour, authoritie, and priviledge, as any, yet his Lordship had alse good reason to see to the Kirkes weill and libertie — the Mother of us all ; and when we perceave that the Kings Majestie, or any in his name, would urge that which may encroach upon the liberties of the Kirke, they would labour to satisfie them in reason. Traquair said — If I knew any thing would con- duce more to the preservation and priviledge of the Kirkes liberties, then that his Majesties wonted authoritie should continue in the former vigour, I would condiscend unto it. The Commissioner said — I render my protesta- tion, made in name of my assessours appojTited be his Majestie. My Lord Rothes said — And we also adhere to the protestation made be us. Traquair craved that his assessours might eik to his Graces protestation, which was granted. Then the Voits of the whole Assembly wer craved anent the election of a Clerk ad mtam, and Mr Archbald Johnston was chosen and admitted unto all the rights, fies, and priviledges, perteining to ane Clerk of before, to be extractit at large ; who, after the acknowledgement of the weightiness of the charge, and his insufficiencie for it, embraced it as having a calling from God, and the honour- able Assembly. The Moderatour desii*ed to be informed if any more was requisite for his admission but a solenme oath of his iidelitie and diligence ? Mr John Row answered — Nothing further, but that he should bring foorth, keepe, and preserve the Registers of the Church ; at least so many as shall come in his hands, seeing pitifnll experience could show how these Registers had been marred in former tymes. Then Mr Archbald gave ane solemne oath of his fidelitie and diligence, and conscious keeping, and use making of all Registers and documents, was taken of his acceptance and admission. The Moderatour said— The Bookes and Acts of all former Assemblies should be produced, and put in Mr Archbalds hands. Mr Thomas Sandilands answered — That he had receaved no Registers from his father, but only two boolcs, conteining some acts from the yeare 1590, till the Assemblie at Aberdein, holden 1616. which therein is only begunne with the Minuts of the Acts of the said Assembly of Aberdein, in a paper-apairt with the 'Minuts of St Androwes fol- lowing 1617, with the acts of the Assembly at Perth, subscribed be Mt James Sandilands, and delivered the sameu to the Assembly : And, being posed for therestof the registers, answered, inhisfaftersname, that he had gotten these two from the Bishop of St Androwes, and had never receaved any moe, neither from him, nor from the Assembly, norfrom anyuther. 1638.] KIRK OF SCOTLAND. 133 The Moderatour craved that all the Registers might be had and brought foorth from the hand of any Clerk or haver of them, affirming that these bookes had in them matters of greater weight then all uther evidents of land ; for they wer the Kirke of Scotlauds Magna Carta, contayning all her priviledges since the reformation. He wished also that this Assembly should not be deprived of so powerfuU a meane of information for proceeding in matters to be handled there. The former Clerks sone affirmed that he had destroyed none of these bookes. The Moderatour urged the production of these bookes, and desired the Commissoner to take course for it. The Commissioner answered— That he was will- ing to use any good meane that could be used for production of these bookes, if any could show in whose hands they were ; for (said he) I desire not that any register should be absent, but, above all, the Kirkes Registers. My Lord Rothes said — That, by a warrant from King James, the bookes wer taken from Mr Tho- mas Nicolsone and the last Clerk, and put in the hands of the pretendit bishop of St Androwes, and so of neid, force and course must be taken for get- ting of these bookes from the Bishop. Mr Archbald Johnston said — That, by Gods providence, als many bookes were come in his hands, as should be able to make up a perfite register of the whole affaires of the Kirke, from the Reforma- tion until this day, which Bookes he produced on the table, and declared by whom and what meanes they wer come to his hands — To witt, Mr Robert Winrahame, Depute-clerk under Mr Thomas Nicol- sone, and from him to Alex' Blair ; of quhich bookes there are fyve volumes in folio. But Mr Patrick Adamsone, Bishop of St Androwes, rent ane of them, and yet there are four to the foir of them, written be Mr James Richie and Mr Thomas Nicolsone, q'of the first two containes the acts of Assembly from the year 1 560 to 1572, subscribed by John Gray, Clerk to the Assembly ; and the third volume, fra 1586, till 1590, written and sub- scrived in the margins be Mr James Richie, Clerk to the said Assembly — the first Booke being ane great volume of the Acts of the Assembly, fra the year 1560 to 1590, (whereof he had but ane len from ane minister,) whereof, the first four volumes the said Mr Archbald declared he had recea ved them from Alex' Blair, wreater, who was servant, and succedit in the place of modifications of Stipends to Mr Robert Winrahame, who had a deputation from Mr Thomas Nicolsone, Clerk to the Generall Assembly. The Moderatour said — These are good and com- fortable newis unto the Church of Scotland — that a perfect Register of the Acts of the Assemblies are yet to the foir, and that it was neidfuU that course be takenfor tryell of these bookes, whether they be these same bookes written be the Clerks, or be their de- puts, or Copies only of these bookes. It was answered be the Clerk, That they are the same, written and subscryved be the Clerkis oune hand, and the leaves riven out of ane of them be the bishop from the 22 to the 27 leafe, may yet be knewen be the marked number of the leafes. The first Clerk, Mr John Gray, who subscribed everie Assembly with his hand. The next is also subscribed ; and ane Memorandum on the first leaf of it, where Mr Archbald Huntar past to the Chan- celour Maitland and receavet that Volume, and this uther, and the halfe of that which was rent by Bishop Adamsone, is marked in the next booke. The third booke, and the first act of it, is the election of Mr James Richie, Clerk; which booke is all of ane hand write. The ane booke is from the 60 to the 70 year ; the next from the 79 wherein the bishop of St Androwes is censured and excommunicat ; aud now, in God's Providence, there is now in the present Clerks hands a perfyte Register from the 70 year to this last Assembly, for which all of us have reason to praise God. The Commissioner said — See that we build on ane suir foundation, and try weill that these bookes be authenticks. The Moderatour craved that some judicious men, and skilled in dignoscing hand writtes, might be no- minat for tryell of these bookes ; and intreated the Earles LawderdaUI, Southesk, and Argyle to take inspection of the Bookes. Argyle objected his youth and unskilfulness for so weightie a charge, yet, at command of the Com- missioner, declaired his willingnes to assist the work. The Com' said, that if his aune paines could contribute any thing to the furtherance of the worke, he would be readie to sit up day and night, but would not lay the burthen on his assessours ; for, he said, seeing it is refuised that they should be Members of the Assembly, he said he saw not how they could be appoynted for trying of these Registers. The Moderatour answered — We are hopefull that their Lordships will not refuse to further the good of this Assembly, seeing it is said heir, it is not for want of due respect we owe to their Lordships, but only for preservation of the Kirkes liberties, as said is. The Com' said — I cannot see how these that are not granted to be Members of the Assembly, can cognosce bookes containing matters of so great weight. The Moderatour answered, that they can best judge. The Commissioner said — But I cannot consent unto it. Therefor The Moderatour said — Let the skilfullest of the Clerlis of Session, Counsell, and burrow Clerks, with the Ministers, such as the Laird of Durie, the Clerk of Dundie, Mr Alex' Pearsone, with their Assessours to help them of the Ministrie. Mr James Bonar. Mr John Row. Mr John Livingstone. Mr Andrew Ramsay. [The Moderator called upon] Mr John Row. Mr John Row answered — That he had yett in his hands the booke of the Kirke Policie subscribed be Mr James Richie, Clerk, which will serve to dig- nosce the hand writt. Mr Archbald Johnston said he had the princi- pall Booke of Policie, written in lumbard paper, in his hand, which also would conduce to that end. This being judged to be the fittest way for tryell of the Registers of the Kirk, and makeing them to be authentick. The Moderatour desyred that the Commissioner would proceed to try the Members of the Assembly and the Commissions, that soe the Assembly might be fullie constitut. The Commissioner answered — That he who yes- terday presentit a written paper from the Lords of the Clergie, desires that his bill or paper might be first read for information giving, anent the Members of the Assembly to be constitut; and becaus the reading of it yesterday was denyit before a Mode- ratour was chosen ; now ane Moderatour and Clerk also being chosen, I desire this paper to be read ; seeing the objections q"'' were proponed yesterday 134 RECORDS OF THE [1638. are now removed, and that Doctor Robert Hamil- ton may be called to produce the paper, written in name of the Lords of the Clergie and their adher- ents ; who being called, compeired and presented his paper to the Commissioner, desiring he would give charge to read it. The Moderatour said — Some parte of the Im- pediments of reading it in publict are removed, but not all ; for the Assembly is not as yet constitut fullie. But, so soone as the Assembly is constitut, it shall be read before any other bill or paper qwhat- soever. The Commissioner urged still the reading of it before the Members of the Assembly were agried upon and constitut, becaus the paper contained many thinges neidfuU to be knowen before the Members of the Assembly be constitut. My Lord Lowdoun answered — That the reasons proponed yesterday for not reading of it, are yet standing in force ; and as it was inexpedient yes- terday that it should not be read till a Moderatour was chosen, bo it is yet inexpedient till all the Mem- bers of the Assembly be fullie constitut ; for, (said he,) there is no Assembly constitut till the Commis- sions of the Commissioners to the Assembly be tryed. The Commissioner replyed — It is a hard cause, that a man cited before the Assembly should not be heard to object against the Members of the Assem- bly who were to be there judges. Who ever heard that a man accused as guiltie of a fault, was refused to be heard to object against his judge ? My Lord Lowdoun answered — If the objection wer now against the whole Assembly, it could not be read before the Assembly wer constitut to be judges. But if the objections wer against any particular Member of the Assembly, it were only iitt tyme to object when that mans Commission were in reading. My Lord Rothes said — Let objections be given in against a particular Member and it may be heard, but cannot be heard against the whole As- sembly before it be constitut ; and The Moderatour eiked — If that paper should open your eyes to give further light after constitution of the Assembly, that the errour of not reading it be- fore shall be repented in dew time ; for no sooner shall the Assembly be constitut but it shall be first read. My Lord Commissioner said — I take instruments of your refusall to read it. My Lord Lowdoun answered — It cannot be said that the Assembly hes refuised till it be ane Assem- bly constitut. Neither yet is the paper presented to the Assembly, but to your Grace. The Commissioner replied — Because ye have re- fuised I took it ; and I crave it might be read. My Lord Lowdoun answered — So soon as it is an Assembly, it shall be read. The Moderatour said — Then let us proceed to the tryell of the Commissions, that the Assembly might be constitut, and then it shall be read." The Commissioner said — I am content, so be my Lords of Clergie receave no hurt nor prejudice ; and before yee proceed, I ask documents that no- thing be done in tryell of Commissions, and con- stituting the said Members of Assembly, to the prejudice of the said Lords of Clergie ; and I de- syre that the newlie constitut Clerk may pen ane act for this effect and give out ane extract of it. The Clerk answered — I can neither make nor give out Acts without a warrand from the Assem- bly ; and the Assembly cannot give warrand till it be constitut. Then (said the Commissioner) I will take instru- ments in the hands of the Lord Register, seeing the Clerk of the Assembly refuses to write. The Clerk said— I shall write it quhen the Mo- deratour gives direction ; yea, I shall write it pre- sentlie, but cannot give ane extract of it till the Assembly be constitut. The Commissioner said — If ye be Clerk to all, why not to me ? Shall I make a Clerk for myselfe ? I did protest before, that niether the Lords of Clergie nor their adherents should be prejudged in their dignities or priviledges, by their refuseing to read their paper, presented by Dr Robert Hamiltoun ; which paper containes reasones against election of the Members of Assembly. My Lord Traquair said — It is very hard that these reasons against the election of such and such Members of the Assembly should not be heard. The Moderatour said — When the Assembly is fuUie constitut, then the Member complained of shall be removed. The Commissioner said — I still will protest in name of the Lords of Clergie and their adherents, that they receave no prejudice by your not reading of their paper before the Assembly proceed to the examination of Commissions. My Lord Traquair said — The protestation is upon your refusall to read it. My Lord Lowdoun answered — Their refusall is no longer then till the Assembly be constitut ; their reading of it is only deleyed till then. The Commissioner said — But for my secnritie I will take instruments of all in my Lord Registers hand, till that promise be performed ; for, albeit I be his Majesties Commissioner, yet am I a poor subject, and must answer for my service. The Moderatour said — I will judge reverentlie of your Graces proceedings ; yet I may say there is a too too burning haste in these men for whom your Grace pleads, that they will have their bill read be- fore the Assembly be constitut. The Com' answered — They have reason to look to themselves, seeing it stands them now on their reputation, dearer to them nor theif life ; aqd, therefore, thinkes it only now fitt tyme to use their best defences : for what weight will their reasons have when their parties are constitut their judges ? If myselfe were to be constitut judge, I would not refnise to heare reasons why I sh* not be such a mans judge ; therefore, I requeist the Moderatour to state the question, and ask the Assembly what they think of it ? ' Then the Moderatour said— There is a motion made anent the reading of a paper, given in be the pretendit Archbishops and Bishops, and their adherents, for clearing of y' mynds who are pre- sent, concerning the election of the members of this Assembly, and ye did formerlie refuse it till the Assembly was constitut. Now, it is urged againe ; and, therefore, I ask, whether it be convenient to read it now, or to delay it to the Assembly be con- stitut, and the commissions tryed ? My Lord Traquair said— If my Lords of Clergies information be not read before the voit and judg- ment of the Assembly be given, and before a judi- catorie be constitut, it shall be to no purpose there- after; therefore, it is only craved that then infor- mation may be heard, and no answer shall be craved till the Assembly be fullie constitut. The Moderatour said— An absolute judgement of the Assembly shall not be given without reservation. My Lord Traquair said— Instruments should be taken before they give out their judgements, that it prejudge not my Lords of Clergie. 1638.] KIRK OF SCOTLAND. 135 My Lord.Lowdouu answered — Ye cannot crave the judges Sentence in this matter hefore the judge be constitut. The Com' said — We only crave to informe these who should be judges, and that reasons should be heard wherefore they cannot be judges. My Lord Lowdoun replyed — It is no wayes com- petent to this AssembUe to heare that information as a judge, before y' be a judge, seeing that infor- mation shall be also valide after the Assembly is constitut as now. MyLordTraquair said — What if it can be showen by good reason, that such aue election of the mem- bers of this Assembly as ye are about, cannot be ; and if this be, how shall it be tymeous to show it after the election is made ? My Lord Lowdoun answered — The judicatorie being constitut, it shall then be judged. The Moderatour said — Whether should our owue or externall instruments be first heard ? My Lord Traquair answered — When a judica- torie is to be sett, whether is it more propper to except against those who are to be judges, before or efter the judicatorie is established ? The Moderatour answered — They shall be heard j but ourselves must be first heard. My Lord Argyle said — I compare these here con- veined to be ane assise nominat, but not yet sworne why may not then we, ane pairtie accused, informe the assise before it be sworne ? The Moderatour answered^- We doe verilie per- oeave great sufficiencie in the Commissioners Grace, who only should speake here unto us ; and if your Lo. have any information to give in, doe it in a convenient tyme ; and it is not fitt your Lo. should speake here as a Commissioner ; and it will be hard to us to make answer to every diffioultie that such a number of wittie noblemen can propone. My Lord Lowdoun said— My Lord Argyles in- stance is verie fitt, if these men who desires their information to be read would come in here as men pannelled before ane assise. My Lord Argyle answered — There is a sort of acknowledgement be them of a judicatorie here, when they desire such a information to be read be- fore it. The Moderatour said— They shall be judged iu nothing here till they have gotten libertie to spealc, and except against any Commissioner here present. The Com' said— If this be ane free Generall Assembly, why may not any propone their doubts ? How can this be refuised to my Lord Argyle and others, they being Peires of the land, which cannot be denyed to Scottismen ? After sundrie speaches uttered be my Lord Argyle, Traquair, and answers given thereto be the Shirreffof Teviotdaill and my Lord Lowdoun, anent the comparisone taken from assise, it was concluded that the paper given be Doctor Robert Hamilton, in name of the Lords of Clergie and their adherents, should not be read till the Assembly was fully con- stitut. Sess. 4. November 24, 1638. The fourth day, be reason of the Commissioners delay in not comeing at his appoynted houre, the Moderatour desired that matters to be handled might goe one in his Grace his absence, and a promise that a full narration of thinges handled should be made knowne unto his Grace at his first incomemg, which the Com' refuised, seemg he was bound to give particular accompt to the Kmgs Majestic of everie thing done, therefore behoved to be ane witnesse of everie thing that should be done. The Moderatour said — We left at the examina- tion of Commissions, which serves for the constitu. tion of the Assembly ; and we crave that we may now proceed in the examination of Commissions : and the Commission given in for the Presbitrie of Dunce, was first read ; next, the Commission for the Presbitrie of Chirnside. The Moderatour said — We need not to crave the voits of the Assembly anent every Commission ; but, if none speake against a Commission, after it is read, we will hold silence for a. consent and approbation of the commission. The Commissioner answered — If ye appoynt that silence shall be taken pro confesso that the Com- mission is valide, I protest that my silence be not so exponed, but that I may have Ubertie to object against any Commission or Commissioner, in my owne tyme, becaus for the present, I am not in- structed with objections which I have and will make hereafter ; and to this protestation, the Moderatour, in name of the Assembly, assented ; and so the Clerk went on to the reading of the rest of the Commissions, and red the third from the Presbitrie of Kelso ; the 4 from Jedburgh ; the S from tonne of it ; the 6 from Ersiltoun ; the 7 from Lawder ; the 8 from Selkirk ; the 9 from the toune of it ; the 10 from Dumbar ; the ij from the toune of it ; the 12 from Northberwiok toune ; the 13 from Hadingtoun ; the 14 from Dalkeeth ; the 15 from the Presbitrie of Hadingtoun ; the 16 from Edin- burgh ; the 17 from the CoUedge of it ; the 18 from Linlithgow ; the 19 from the toune of it ; the 22 from the Presbitrie of Peibles, and a Protestation given in against it be Mr Robert Eliot, as a Com- mission purchased be indirect meanes used be the Lord Traquair. My Lord Traquair, hearing his name called in question, thought himself much wronged, being calumnat be such a man, whom he would prove to be both a bryber and ambitious ; and that he should be by him brought upon the stage before so rever- ent and grave ane auditour ; and complained to the Commissioner of the Tngiver of the Protestation as ane infamous lybeller against ane officer of Estate, and Counsellour of his Majestic ; and the Com' pro- mised that the ingiver should be censured accord- ing to justice, in tyme and place convenient : there- fore, both the Commission and the protestation was layd by till the fitt tyme of tryell. The 23 commission was then read frome the toune of Peibles ; the 24 from Middlebie ; the 25 from Lochmaben ; the 26 from the toune of it ; the 27 from Mentoun ; the 28 from Penpont ; the 29 from Drumfreis ; the 30 from the toune of it ; the 3 1 from Kircudbright ; the 32 from the toune of it ; the 33 from New Gallaway toune ; the 34 from the San- quar toune ; the 35 from Wigtoun toune ; the 36 from Wigtoun Presb. ; the 37 from Stranrawer ; the 38 from the toune of it ; the 39 from Air ; the 40 from the toune of it ; the 41 from Irving ; the 42 from the toune of it ; the 43 from Rosay ; the 44 from Argyle ; the 45 from Dumbartonn ; the 46 from the toune of it ; the 47 from Paisley ; the 48 from Renfrew toune; the 49 from Glasgow ; the 50 from the toune of it ; the 51 from the coUedge of it. It was asked, why the CoUedge of Glasgow put in 4 in their Commission, when uther Colledges hes but ane, and it was layd by to be e.xamined. The 62 [Com.] from Rutherglen toune; the 53 from Hamilton ; the 54 from Lanerk ; the 55 from the toune of it ; the 56 from St Androwes ; the 57 from the toune of it ; the 58 from the CoUedge of 136 RECORDS OF THE [1638. it ; the 59 from the tonne of Creall ; the 60 from Kilreny toune ; the 61 from Anstrathfir Easter ; the 62 from Anatruther Wester ; the 63 from Pit- tinweeme ; the 64 from Coupar ; the 65 from the toune of it ; the 66 from Kirkcaldie ; the 67 from the toune of it ; the 68 from Dysert ; tlie 69 from Kinghome ; the 70 from Bruntyland ; the 71 from Dumfermling ; the 72 from the toune of it ; tlie 73 from Culros ; the 74 from Innerkeithing ; the 75 from Dumblane ; the 76 from Auchterardour ; the 77 frome Perth toune ; the 78 from Dunkell ; the 76 from Megle ; 80 from Dundie ; 81 from the toune of it ; 82 from Forfar toune; 83 from Breehen, on the back of which Commission there was y"' a declaration written in favoiu'S of the Laird of Din, Commissioner, subscry ved be ane number of barons, and some noblemen to it, beside these insert in the Commission it selfe, who gave consent to the Com- mission. This writ, on tlie backsyde of the Com- mission, was for clearing the sufficiencie of it, in respect that ane vther Commission was granted be the same Presbitrie of Breehen, appoynting my Lord Carnagie, ruleing elder, for ane Commissioner; ane copie of which Commission, with ane declara- tion upon the back thereof was craved be the Com- missioner, vnder the Clerks hand, that he might thereby be the better instructed for objecting against any vther Commissions, and might have Ms mynd cleared in sundrie particulars which might conduce for the furtherance of his Majesties service. The Moderatour answered. That his Grace should have ane copie of the Commission itselfe, but not of that which is written on the back of it, seeing it is not given as a parte of the Commission, but only a privat thing written by the ingiver, for clearing of his Commission. The Commissioner said. Seeing that which is written on the backsyde of it may serve to further my masters service, why should a copie of it be de- nyed tp me, seeing my desyre is reasonable ? I can- not compell to give it, but, if it be denyed, what can I say but I am vsed in that as in the vther things ? My Lord Rothes said — The pairtie iugiver hes yet in his power to retreat and draw back both the Com- mission and all that is written upon it ; and there- fore the Clerk can give no copie nor extract of it till the Commision be authorized and made law- full in judgement ; for, till that, as it is only a privat paper which the ingiver may doe now if he have not a mynd to stand to it. No, said my Lord Traquair, he may not draw it back, if it may contributte to the furtherance of the Kings service. My Lord Lowdoun said he may not only draw it back, but ryve it. No, said my Lord Traquair, seeing it is now pro- duced in judgment ; and the Commissioner eikit — Not only is it produced in judgement, but hes at it the subscriptiones of a number of Noblemen barrens, who we hopewill stand to it. My Lord Montrois said — We will not passe from a jote of that which may serve for the clearing of the Commission. ' Therefore, said the Commissioner, that which is written on the backsyde of the Commission, serves to prove the legalitie of the election of the Commis- sioner, and is used as ane argument to prove the illegalitie of ane uther Commission from the same Presbitrie. Why then should I not have a copie of that which is written on the backsyde of the Commission, seeing I find it serve much for the fur- therance of my Masters service ? My Lord Tester answered— It is not propperfor the Clerk to give ane copie or extract of that which is not insert in the records of Assembly ; and only the Commission will be registrat in the bookes of Assembly, when it is approven, but not that which is on the tiack of it. The Moderatour eikit— Only that which is given to the Assembly for a Commission, may be craved of the Assembly ; but that which is on the back of it is not given for a Commission, or any parte there- of, but only written on the back of the Commission given in accidentallie, and may be obliterat. The Commissioner asked, how that could be called aceidentall which had at it the subscription of 40 hand writtes, and produced in judgement to be read ? The Moderatour said — That on the hack of the Commission is only aceidentall, and I shall cleir it by ane supposition. There is ane evident given in before the Lords of Session, and on the back thereof there is ane compt written on some privat bussinesse of the owner of it. Shall the Lords of Session, or the .Clerk, be obliged to give out ane extract of the mans compt ? No more can the Assembly or Clerk give out ane extract of that which no wayes be- longs to them. My Lord Forbes said — The ingiver hes power to eike, paire, or draw back at his pleasure, and such Commissions that are contraverted are referred to an6 vther day. Mr David Dick said. Let the Ingiver of the Commission be asked, whether that on the back of it serves for approvation of his Commission or not ? for, if it be only a probation of it, then that which is on the back should not be read till the time of probation, and for the tyme, only a copy of the Commission may be craved. The Com' asked the voits of the Assembly whe- ther or not a copie of all should be granted. My Lord Lowdouu answered, that there could be no voiting till the Assembly be established ; but so soone as it shall be established, it shall be granted. Then, said the Com'', I take Instruments that such a Commission was given in to be read, on the back whereof there is a written declaration of the lawfulness of the election of the Conunissioners of Brechin, and desires it may be keeped in the Clerks hands. The Moderatour regrated much that the weightie and grave matters of the Assembly should be thus deleyed, and said that it had been better to have wanted all the Commissioners from Brechin ; quhereat Southeske cappit and unreverentlie replyed to the Moderatour, that he wronged them that \vronged not him, and whom he had no reason to wrong. The Moderatour answered — That what he did speake was within the bounds of reason, and he would be answerable for it to the Assembly ; neither would [he] have expected from hisLordship such an undeserved censure. Lowdoun answered — That it was ane great wrong that the Moderatour should be upbraided by any for preferring the pubhct weill, and the effaires of the Assembly to any mans particular. Mr David Dick said, That God will trouble the impeaders of his owne work. This was like to have drawen to a great heat if the Commissioner had not prevented it by com- manding them to silence. The 84 Commission from Ruthentoun was read ; 85 from Arbroath ; 86 from Montrois ; 87 from Arbroth toune ; 88 from Memos ; 89 from Aber- 1638.] KIRK OF SCOTLAND. 137 deine ; 90 from the Colledge of it ; 91 from the toune of it ; 92 from Die ; 93 ; 94 from Ellon ; 95 from Turreff ; 96 from Kincardine. Sess. 5. [November 25.] After in calling vpon the name of God, , The Clerk went forward in reading the rest of the Commissions ; and the 97 Commission, Garrioch, was first read, and hilles of Complaint given in against ' the Commissioner, containing reasons why he should not be receaved as Commissioner, and was referred to tryell. The 98 from Fordice ; 99 from Bamff toune ; 100 from Elgin toune ; 101 from Strabogie ; 102 from Forres ; 103 from Forres toune ; 104 from Innernes ; 105 from Innernes toune ; 106 from Chanrie of Ross, and a protestation against it by Sir John M"Kenzie ; 107 from Tayne ; 108 from the Toune of it; 109 from Dingwall; 110 from Sutherland; 111 from Cathnes ; 112 from Orkney, from Patrick Smyth of Braoo,* and it was castin, being found nather from a Presbitrie, burgh, nor subscriving Minister. The Moderatour said — Now the whole Commis- sions are read ; and of all there are onlie 13 con- travertit ; and we have now reason to praise God, that, be the silence of all that are present, the rest of the Commissions arq approven, and that, in Gods singular favour, we have place and power to voit and treat of all matters that shall come before us. As for these oohtraverted Commissions, it is now tyme we should examine them. The Commissioner said — If ye proceed to exam- ination, I shall adhere to my former protestation of libertie to object against any Commission in my owne tyme. My Lord Eothes answered — It is now fittest tyme. The Commissioner answered — I find not yet my fitt tyme to make any objections, but seeing tyme reserved to me I will choose it. Then the Moderatour said — Let tlie Commissions which are in question be discussed, and begin at the Presbitrie of Peibles, given, October first, to Mr James Bennet, and Laird of Posso, subseryved be the Clerk. The Commission was read, and a protestation against it, ajleadging that that election was not free, for many reasons. My Lord Traquair craved libertie to speake in defence of that Commission ; and The Moderatour required that he should speake of the Minister who gave in the protestation, with a respect due to a Minister of Jesus Christ, till he was declared infamous. My Lord Traquair answered — That he had no purpose to reclion for the tyme, but would referre the challenge against him to the Presbitrie ; only craved libertie to regrat that so unjustlie he was brought upon the stage, seeing he did attest all the witnesses that were present at the out giving of that Commission, that he did carry himself humblie and modestlie, as became a, good Christian, intending nothing but a free and peaceable election ; and that he did not utter any crosse word, or a word smell- ing of passion or discontent ; and he attested God that the matter was as he said. Then he deolaired that there was a formall process [extract] of that election in the hands of the Clerk of the Presbitrie, which, being produced, would make it * This gentleman was son-in-law of the Bishop of Orkney. — En. cleare how unjustlie he was accused ; which process he promised to produce the next day. The Moderatour answered — If the process come from ane honest hand, and be clearlie and formal- lie deduced, it shall have faith ; and, if the pairtie protester against the Commission can prove the contrare be sufficient witnesse, he also must be lieard. My Lord Traquair answered — It is hard to heare witnesses ag' a eldar, and formal process given in by a famous Clerk in writt. The Moderatour asked at Mr Robert Eliot, (who gave in the protestation,) what he could say ? He answered. That it was a vyld imputation layd to his charge, that he should be ane vujust accuser of such a nobleman ; but, sayth he, if I liave done no evil, why am IJcalled a basse, ambitious, brybbish boddie, in the heariug of this reverend assembly ? But I passe it, seeing my Lord was called a Carpenter, a wine bibber, and ane enemie to Csesar, and that he had a divel ; yet I have said nothing as a libel- ler against my Lord Traquair, for I was readie to spend my life in his service; and I judged that he should have lyked the better of me, that I should have protested against any thing which seemed to prejudge this Assembly. Tlie Moderatour asked if the protestation made against that election was made in a Clerks hearing before witnesses, and if it was written and marked ? Mr Robert Eliot answered — That he protested openlie, and desired to be so heard, but it was re- fused. ' My Lord Traquair answered — The process in the Clerks hand will clear all which is ordained to be produced ; and if, after tryell, I be proven not to have been ane intruder of my selfe, or ane indirect dealler, seeing I walked so circumspectlie, I crave tlie wrong done to me may be redressed ; for, be- fore God, there is not a circumstance of that which is alleadged true. The Commissioner answered — If he should con- tinue in his office, he should have the wrong re- dressed : if not that, lie should deale with any to occupy his place. To that end, my Lord Rothes said — If there be wrong on his parte, the censure of it is competent to tliis Assembly. The Commissioner said — I intend not to derogat any thing from the authoritie of this Assembly, but rather would contribut unto it, and preserve it in its oune integritie. But I would not that the Royall authoritie should so suffer that ane officer of Estate, being accused unjustlie, and so wronged, sliould not be repaired according to Justice. My Lord Rothes said, that the tryell of this al- ledged wrong is only competent to this Assembly. The Commissioner answered — I doubt not but the Assembly will doe to my Lord Traquair what is right ; but I speake of the King's right, and I know the Assembly may only judge in ecclesiasti- cal! matters. My Lord Traquair said — I declyne not the Assem- bly as judges in this matter ; for I am content to subscryve ane blank paper, to be filled up by the Assembly ; yea, I darre remitt the tryell of it to any Member of the Assembly. The next Commission that was examined was from the Colledge of Glasgow as singular, contain- ing four Commissioners, when other CoUedges hath but ane, according to the act of Assembly. The Principall, Doctor John Strong, craved the production of the Act ; and after that the Act was considered, it was found that Colledges could have no privilidges above a Kirk, and therefore, ane act 138 RECORDS OF THE [1638. was sett downe, that ane colledge should have but ane roit in ane Assembly. The 3d Commission from the Colledge of Glas- gow was layd by till the Commissioner should find a fitt tyme to object against it. The 4 from the Presbitrie of Boss, It was ob- jected against it that it was onlie ane parte of the Presbitrie of Irwingj and it was acknowledged to be so of old, but was now disunited by the Bishop of lies, as was alledged ; but becaua it was not clearlie instructed, neither yet had beene in use to send Commissioners to former Assemblies as a pres- bitrie constitut, It is ordained that the Commis- sioners now sent shall have no voit in this Assem- bly ; and becaus of ane large distance of place, and sea betwixt it and Irwing, it was thought fitt that hereafter it shall eontribut a presbitrie of itselfe. The 5 Contravertsd Commission from the Pres- bitrie of Brechin, which after reasoning much too and fro, the tryeU of it was referred to^a particular committee — Masters Andrew Ramsay, Robert Douglas, David Dalgleesh, John Robertsone, James Bonar, Alex"' Somervell, with power to them to take the oathes and deposi- tion of the thrie Ministers Commissioners for clear- ing the matter, and reporte the diligence to the As- sembly. The 6 Commission, fromKincarden presbitrie, was examined ; and being found that the Commissioners were not elected in the ordinar Meeting place, nor in the ordinar tyme, but only by the Bishop in ane uther place, and ane uther tyme, and without the consent of elders, and without the knowledge of particular Kirks, therefore it was rejected. The 7 Commission, from the Presbitrie of Aber- dein, after tryell, was approven, and Mr James Harvie and Doctor Barrens was rejected, as done nather in place nor face of a Presbitrie, without any advertisement to the congregations, and being only subscrived at that tyme by themselves, who wer Commissioners, and by thrie uther Ministers thereafter, iu their owne houses. 8. Anent the Commissioner of Garrioch, Mr Androw Logie, sundrie complaints being given in against him, wer remitted to a Committee — viz., Mr Andrew Cant, Mr James Martine, Mr Thomas Mitchell, and Dr Guild. 9. The two Commissions given in from the Chanrie of Ross. The Laird of Tarbet produced ane Instrument against Mr Thomas M^Kenyies Cora- mission, and assured the uther lawfuU Commissions were coraeing. The said Mr Thomas being rejected, produced a protestation against the Constitution of this Assembly of Ministers and elders. My Lord Rothes asked instruments, and pro- tested that such a Complaint and protestation was given in by the said Mr Thomas. The Commis- sioner also tooke instruments of the production of it. Mr Andrew Ramsay offered presently to prove from Scripture, antiquitie, consent of uther reformed Kirkes, standing practices of our aune Kirke, and bookes of Assemblies, that ruling Elders are lawful and necessar Members of ane Assembly. The Commissioner, acknowledging his owne wealt- nes for disputeing of that question, promised, in a convenient tyme, to bring foorth some who would dispute against ruleingMembera, as no lawfullMem- bers of ane Assembly. The last question, about the Commission from Orkney was declared null, having no consent of Presbitrie, nor subscription of ane Minister, toune, nor colledge. The Moderatonr answered — Now the whole Com- missions are examined, and found good, except some few. It is novf expedient that the sufficiencie of the Kirke Registers be cleared, that they may be declaired authentick. The Commissioner answered — It is a good work ; but I have some scruples not yet removed. Then, said theModeratour, Let some be appoynted for tryell of the Registers ; for the Assembly being now fullie constitut, after the examination of all sontraverted Commissions, may give their Cora- mission for tryell of the Registers, and let their testimonie anent the perfection of the bookes be given in the morne. Masters Masters Andrew Ramsay, John Adamsone, John Row, James Bonar, Robert Murray, Alex' Gibsone, yo' of Durie, Alex' Wedderburne, Clerk of Dundie, Alex' Pearsone, Advocat ; with such uthers as they please to joyne with themselves. Sess. 6. [November 26.] After in calling upon the name of God, The Moderatour said — Let us begin where we left, at the tryell of the record of Assemblies. There was a Committie appoynted yesternight to give in their testimonie anent the authenticloiesa of the Registers. If it please your Grace, let their answer be heard. The Commissioner having assented. The Moderatour called upon these who wer ap- poynted for the examination of the Registers, to re- port their testimonie. Durie said — Please your Grace and this reverend Assembly, "We shall either give in our reasons be word or writt. The Commissioner said — I desire to heare them give them in any way ye please. Then the reasons of the authentickness of the Registers were given in be writt, and read by the Clerk. ' The Moderatour said — Please your Grace, here is the testimonie of these that have skill in trying the Registers better nor any here present can re- late. Hes your Grace gottine satisfaction ? The Commissioner answered — Verillie it is a matter of verie great importance, and there shall be no man raore glad nor I, to see the Registers of the Kirke found reall, and proven to be authentick. I am far from contradicting anything these worthie gentlemen hath done ; for it were impertinent so to doe. I can say nothing at the first hearing of a paper read ; but it may be, that many scruples come in my mynd concerning them ; yea, I have alreadie, whereof I am not resolved. This is the first tyme that ever I heard it read, and, therefore, I cannot give my judgment of it. I must confess my ignor- ance in thir things ; and, therefore, I must be verie loath to give my assent or approbation to anything wherein I am not both clear and persuaded. The Moderatour said — Hes your Grace any scruples to propone for the present ? The Commissioner said — I must think upon all before I propone them. The Moderatour said — I would desire this rever- end Assembly, that if there be any here, noblemen, gentlemen, ministers, that if they have any thing to say ag"' this information concerning the authori- tie of the Registers, that they would propone them either now by word, or in a short tyme by writt, 1638.] KIRK OP SCOTLAND. 139 that this Assembly may make a declaration that they are authentick ; and, if no objection be made agfiinst them, we will take your silence for an ap- prbbation of their authoritie. If ye have any thing to say, bring it foorth presentlie ; if not, produce it in writt against the morne. The Commissioner said — I am verie confident that there is not the Regents hand Writt. Durie answered — If it was not his hand writt it w^ have sic subscrihitur, as all uther copies uses to have. I will not affirme that everie reason given for proving the authoritie of the bookes is unques- tionallie good ; but que non prosunt singula, multa juvant. I daresay this farre : all the Registers of Sessioun, Couusell, and pryme judicatories of this kingdome, are alse farr short of the Registers of the Kirkc, as these Registers are short of these things treated here. The Commissioner said — Truely, sir, I cannot but acknowledge these reasons hath cleared verie much, and verillie they have removed many scruples that myself had before the hearing of them ; so that I will not contradict them; but I still doubt if that subscription be the Regents hand. Moderatour said — ^If there be any bi'other that has any copie of James Richie, or John Gray, clerk to the Assembly, their hand writt, let them produce, to give farder information to confirme this information ; for, possiblie, some minister or uther that hes some record that may give testimony and approbation to this hand writt. Then Mr John Row produced ane copie of seve- ral! acts of the booke of Policie, written be the said Mr James Richie, and subseryved with his hand ; ane uther brother of the Presbitrie, which he had keeped himself now 52 yeares ; and the hand writt of the Assembly Booke and the Copies being com- pared, and scene be the Commissioner himself, they were acknowledged to be ane hand writt. The Moderatour said — If any man have any thing to oppose against these bookes, let him now bring it foorth, that ane Act may be made ; for, if no man produce anything, they will be acknowledged be the Assembly to be authentick hereafter. Then the Moderatour, professing his owne insuf- ficiencie for so weightie a charge as was now layd upon him, craved that some assessours might be nominat to joyne with him in u, privat conference for ordering of matters to be proponed in Assembly. The Commissioner answered, that he would not oppose any laudable custome of former Assemblies ; but let the Clerk and Lord Register mark that my assent be no wayes prejudiciall to my masters right. Mr David Dalgleish said — I have seen Assemblies of old, and such pryme conferences, according to my poore observation, hath wrought great prejudice to the Kirk ; therefore, I would wishe that all were done by a voluntar consent, and by the con- currance of the whole Assembly. Moderatour answered — Please you, the advice of the Privat Conference has done harme to the Assembly, but not the use and institution ; for, of its iuowne nature, [it] is very helpfuU. They aught, deed, to keepe themselves within their owne bounds, and doe nothing that may be prejudiciall to the Assembly ; but doe yee think it is possible for a man to propone matters for so great a meeting without assessours ? The Assembly declaired, there needed no Act be made for assessours, bilt that the Moderatour may choose at his owne discretion, some few to assist him in the ordering and proposition of matters ; where- upon the Moderatour nominat— Mr Hary Pollock, Minister at Edinburgh. Mr John Adamsone, Prineipall of the CoUedge thereof. Mr David Dick, Minister at Irwing. Mr David Dalgleische, Minister at Coupar. The Earles of Rothes and Montrois. The Lords Lindsay, Lowdoun, and Balmerino. Sir WilHam Douglas of Cavers. The Laird of Keir. The Laird of Haughton. James Cochrane, burges of Edmburgh. James Fletcher, Provest of Dundie. Mr Robert Barclay, Provest of Irwing. My Lord Lowdoun said — Please your Grace, these assessours are only to advise what is to be done first, and what next, for greater expedition and acclerating of buseinesse. The Commissioner said — I have alwayes btoe carefuU to eschue the speaking of any thing that might impede this great and good worke, and so shall I still be ; yet must I be careful! that my silence be not prejudiciall to my gracious Master and Sove- raigne ; and, I hope neither your disposition, nor any here present, intends any wrong be what they say or doe, to auctoritie. But I have bein told that tlie overtures and proponing of matters doe prin- cipallie belong to his Majestic, what he thinks fitt to be agitat in the first place, in the midle, and in the last place ; therefore I cannot passe by my just protestation, that this prove no wayes prejudiciall to my Masters service, and I reeeave no imputation by saying nothing. Whereupon his Grace tooke protestation. The Moderatour said — Your Grace needed not to have protested, seeing the Assembly was content that everie thing done ia the Assembly should be done with his Graces consent. My Lord Rotlies protested that the ordering and proponing of matters pertained only to the Modera- tour. TheCommisionersaid — Indeed I amweill pleased to heare that from yow ; but I must be careful! of my Masters right ; and I hope it shall be seene to future ages that I have bein ane honest and trustie servant to my good and gracious Master. The Moderatour desired his Grace to condiscend upon an houre for the Meeting of the Assessours formerlie nominat, and said it was the custome to meit in the Morning before Sermon. The Commissioner said — I am told that the tyme and place uses to be appoynted be his Majestic or his Commissioner, who was alwayes present at these privie conferences ; and therefore I protest that I be present at them all. The Moderatour said — "We shall be verie glad of your Graces presence and assistance ; for we hope your Grace will be a helpe and not a hinderance unto us. Therefore lett us know the tyme and place which seemes to be most convenient, that the tyme be conforme to the dyet of this Assembly. The Commissioner said — When my leasure can serve, I shall be readie to give attendance. The Moderatour asked the opinion of some of the brethren. Mr Robert Douglas, Mr James Bonar, Mr Andrew Cant, Mr John Bell, said, that the tyme might be appoynted by the Moderatour ; but it must be advertit that nothing be determined in these privie conferences, nor any thing prejudiceall to this free Assembly ; but only that matters be ordered and digested be them, that soe things might be rightlie proponed in the Assembly. The Moderatour said — I was present at these Conferences, at ane Assembly in Aberdein in 1616, 140 RECORDS OF THE [1638. and they tooke very much upon them-, for all mat- ters were concluded and determined ; that the privie Conferences satt 3 or 4 houres, and the Assembly satt but ane houre, and intimation was only made in the Assembly of their Conclusions, and the Assem- bly was asked if they had any thing to say against it ; but I hope they shall hold theniselves within their bounds. The Moderatour said — There uses some to be naimed for receaving of papers and biHes that are to be given in, becaus it will not be convenient that the whole Assembly be troubled with everie particular complaint ; therefore let some be nominat for vieu- ing of the Billes, that hes best skill in matters of thiK kynd, that they may report to the Assembly, what is pertinent to be handlit here, and what not. The Commissioner said — There is notliing that hes bein the order and custome of Assemblies but I shall lieartillie consent unto it. The Assembly appoynted for receiving of Billes, &c. The Moderatour desyred that the rest of the Commissions that were not cleared and approven, might now be exammed ; and first he desyred to hear the report of these that were on the Commis- sion for Brechin. They answered that they were not sufficientlie instructed. The next was Commission from Peibles. My Lord Traquair said — ^For clearing of the sufficiencie of this Commission, ye may see the whole process under Mr Patrick Purdies hand, Clerk to the Presbitrie, who is here present. IVlr John Bennet said — We, the Commissioners of Peibles, have hitherto been silent ; now we de- syre to be heard, and that this reverend Assembly would take this matter to their Consultation ; for here is ane whole Elderschip accused by ane man, whereas the Scripture sayes — "Accuse not ane elder but under the testimonie of two or three witnesses ;" and this Man, ane of our bowells, of Whom we ex- pected better things, hes now brought us on the stage, and spitted on our face, and brought us in suspition, by surmizing speaches, and open chal- lenges ; and this he hath done under pretence of zeale.for the freedome of this Assembly, quhilk God forbid we should prejudge. We are heir, Men, haters of vyce and lovers of veritie, willing to give all our concurrance to everie good worke. The Moderatour said — It is not an accusation,, but ane Protestation ; and it will appeare by the determination of the Assembly, whether he hath done wrong or not. My Lord Traquair said — I know certainly they have a Commission most warrantable ; but since now it is contradicted. I submit myself to the judge- ment of the Assembly; and I crave that the whole proces may be read to the Assembly, that it may be knowne on whose parte the fault is ; and if it doe not clearlie improve what Master Eliot hes said, and make good what I have said for myselfe, or it there be a syllable or circumstance of that quhilk he alledges true, or if ever I have a thought in that kynd, I were not worthie to come amongst Christians, let be to come here ; for it is impertin- ent, if not impudent, for a man to intrude himselfe in such an action as that which is against all con- science and dignitie. But I propose not now to use any recriminations. Mr Robert Eliot said — My Protestation is not accusation or challenge against any mans persone, but ag' the informalitie of the election of the Com- missioners, least this Assembly should be challenged afterward for admitting such a voice in matters as was not instructed with sufficient Commissions. Al- way I am sorry that my Lord Thesaurer should be offendit. I thought his Lordship should not have been offendit ; for, God is my witnesse, I neither intendit, neither have I given any occasion of of- fence. My Lord Traquair said — I submitt to the judge- ment of this honourable company, if this be not ra- ther an accusation nor a protestation, and that in a high streame, challenging me for intruding myselfe in that bussines after so unjust a way; but neither this assertion nor myne can take away ane judiciall act. I hope both our partes shall be cleared be the Proces quhich must have faith, except ye will offer to improve the writt, and prove the Clerk to be false. The Moderatour said — It is possible he may give some information for himselfe, which will not con- tradict but may subsist with the proces. Then the proces was given to the Clerk and read. Traquair said — I doe not say but my judgement may differ from Mr EUots or any other mans ; but if thare hes been any illegall way nsit by me, I am readie to answer according to law and reason ; but if his judgement doeth not goe alongst with me, I hope this will be no reason to condemn myne for it ; and when this honourable meeting hes considered this proces, if they be not satisfied, I will submitt myselfe to their judgement. Moderatour said — That Mr Eliot had nothing to say against the proces ; quherupon the Thesaurer tooke Instruments, that Mr Eliot acquiesced to the trneth of the proces. My Lord Yester requyred that these who were present might be asked concerning that quhilk Mr Robert had alleadged ; fol- he sayes nothing contrare to the proces, but something more nor is in the proces. And he hath given in a protestation only, and not ane accusation ; and when I posed him straitlie, what moved him to give in the protesta- tion, he tooke God to witnesse that he did it out of conscience and love to the good of the Cause. Traquair said — My Lord, let me speake as good friends and Christian subjects ane to another. Tester answered — I desire earnestlie it may he so ; but it may be I cannot speake so pleasantlie to your Lordship as I would, be reason of this throng about. Traquair said — I take it to be a clame and accu- sation against the formalitie of the election ; and what is in the proces, I remitt it to the judgement of the Assembly, and if any thing be called in ques- tion which the proces cannot cleare, I shall jus- tifie ane nther way. Sess. 7. 29 Nov"- 1638. j After in calling upon the name of God, The Moderatour said — We left at the testimonie which was given by skilled men who wer appoynted for trying of the Kirk Registers, and their testi- monie was read in your hearing ; and we requested all to bring in this day, their objections and scruples concerning these registers : now we crave that ane who pleases would object ; for if no man object, an act or record will be insert in the bookes of the 'Assembly, declairing that these bookes are authen- tick. The Commissioner said — No man here shall have greater joy nor I, to heare the registers of the Kirk perfyte, and no man shall contrubut more to it then I, being a matter of so great importance or weight ; for upon the acts set doune in these bookes very much depends. But becaus ye have heard [objections] be the Lords of Clergie made, and their adherents, against the legallitie of the proceedings 1638.] KIRK OF SCOTLAND. 141 of this ABSemWy, I am tyed yet to Bay somewhat ; and 1 am sorrie that I inust protest against that in word which my heart desires not. Sore greeved I have reason to be to protest against so good a work as is the restoreing to the Kirk of her records ; yet considering many causes which now I will not ,ex- presse, I am forced to protest against it : ffor albeit the^e bookes may be found authentick' be the con- sent of thi? Assembly, yet may I doe nothing which may import either his Majesties assent to it or myne ; and therefore heir 1 make protestation against. , The Moderatour said — We only crave the Assem- blys approbation ; and if the pretendit Bishops or any uther will take upon them to improve these bookes, or any parte of them, they shall be heard. It is pittifull there should be such a rent in our Church, so fearful, ahd that any point of the cause of it shall be imputed to authoritie,, if we consider what a sweete unitie was ance in this Kirk. To clear this unitie, I vfiU read a tesitimonie put of the preface,, of the booke called " The Harmony of the Confession of the Reformed Kirkes." After the reading of it in Latine, he exponed it, shfiwing the rare priviledges of the. Kirk of Scotland beyond uther Kirkes ; that for the space of 54 yeares it re- mained inpuritie of doctrine and discipline, without any errour or schisme, and gave a reason of it ; be- caus the Kir]^ of Scotland was reformed in doc- trine jmd discipline according to the word of God : so it is clear, the Kirk ance had unitie, and it is clear also by what meanes and Instruments schisme hes come in. The Commissioner said^-I pray God the Kirk may enjoy this puritie 40,000 yeares more, if the world should endure so long ; yet I must protest, in more pathetic words, against the authoritie of these bookes (for I did it in modestie before) ; al- beit, I would give my estate and venture my life in furthering the Church to be restoired to her regis- ters ; but becaus of the manyfold exceptions I have against the way of the meeting of this Assembly, and against sundrie persons which are Members of it, I protest heir, that neither the Kings Majestic nor the bishops be wronged be any act in these bookes, and that they are not obleist be the acts of any booke, which is not subscryved be the Clerk of Aberdein. My Lord Rothes said — Your Grace promised to propone some scruples against these bookes, wherin your Grace was not yet satisfied, which we desyre to heare ; for they are found, of all who have tryed them, comparatively authentick, and utherwayes also. Moderatour said — We are sure if his Grace had perused these bookes, he would approve them also. The Roll being called be the Clerk, the Moderat- our asked if the brethren did approve the registers ? Who answered that they did ; and desyres that rea- sons of the approbation might also be insert in the booke^ of the Assembly, and that there was not any protestation made be his .Majesties Commis- sioner. They desyred also that the Bishop of S' Andrews might be summonded for the production of these bookes which are wanting. The Moderatour said — Ye heard of a declinatour given in be the pretendit Bishops and Archbishops, containing many divers crymes and challenges ag' the Members of this Assembly ; therefore it is desyred that some paper may be read, containing some answers to many pointes of their declinatour, an^ not a full answer, such as shall be given in hereafter ; only this shall serve to give some an- swer, &c. : which two papers being read be the Clerk, The Conmiisaiouer said — I did not expect an answer to the Bishops declinatour aud protestations, seeing the declinatour was only presented to me, wherefore ane answer from the Assembly was need- less. The Moderatour answered — The inscription of the Declinatour sayth, " A Declinatour to be red before the Assembly," and therefore ane answer must be given be the Assembly. Rothes said — There is no more pertinent matter to be handlit in the Assembly then that declina- tour, which in it hath so many criminations against the Members of it, and alleadges wronges in the Constitutions of it. Mr Andraw Ramsay said — Your Grace hes als good reason to answer aud object against the bishops declinatour as any in this house ; becaus in it they declyned the Kings Grace aud his Commissioner, be thrie testimonies cited be them, and will not suffer liim or any other King or Emperour to hold voice in Assembly, saying, " Nemo preter Episcopos debet se ecclesiastiois protraotibus immiscere." The Commissioner said — I thinke they have no intention to declyne the Kings Majestic as judge, seeing sundrie pairtes of their paper declaires their reverend subscription to his Majestic. But I will not wrong these reverend Lords be my disputing of their cause, who am so insufficient for it ; but if I thought they intendit any prejudice agamst my Master and soveragne, I would protest als soone ag* them as any. Then the Clerk was desyred to read some answers made to the Prelats and some Ministers objections in their declinatour and protestations against rule- ing elders had any voice in the sentence of excom- munication. The Moderatour answered this — The Presbitrie hes it, and they as members of the Presbitrie. Further, he said, these papers being unperfyte, and not having fully exped all that is to be, answered to be the bishops declinatour and protestation ag' Elders, there is the more to be expected ; and in the meauetyme we are obleist to God that the lyke declinatour and objections wer given in be the re- monstrances against the Synod of Dort ; so that we neid no uther answer to the bishops objections then these the Synod of Dort made to these remon- strances. Then the Moderatour red the answer out of the booke of the Synod of Dort, and said, this is Judi- cium Theologorum magna Sritannics. The Commissioner answered — Heir is a man by me, who desires to make answer of that which ye have red from the Synod of Dort. BalcanqueU asked Ubertie to speake, seeing he was not a Member of the Assembly ; pleading so farre, of the eaice of the remonstrances and our ■bishops was different in two maiue respects — there- fore the same answer could not serve the bishops declinatom-, which was most valide ag' the re- monstrances J — first, becaus the matter of the re- monstrances accusations was anent points funda- mentall, such as election upon foirseene faith, — universalitie of Christs death, and co-operation of Gods Grace with our will — resistabilitie of Grace, — the fiuall apostacie of the saintes : in which pointes, and uthers of that nature, are all bound, under the paine of damnation, to betake them to the one syde ; and therefore the remonstrances could not justUe declyne the Church of the Low Countries in questions of that nature, though they had before that Synod, cleared themselves to the eontrarie ; for if any such exceptions are of force to declyne a Nationall Assembly, of necessitie they 142 RECORDS OF THE [1638. behoved to be referred to the judgement of stran- gers ; but the ^uestiones in the Church of Scotland were not anent fundamental poynts of religion, which, by our Confession, are declaired to be eternal and unchangeable, but anent matters of policie and order, which the twenty first article of our Con- fession shawes to be alterable. Secondly, he ex- cepted that the Kirke of the Low Countries had not before that Synod, bund themselves by oath and sub- scrip tioun, against the doctrine of the remonstrances, as we in the Kirke of Scotland had done against the bishops, and the causes depending betwixt us and them. The Moderatour said that it was a questione of great diffioultie, to decerne what pointes are funda- mental! and what not ; and, if this whole Assembly were sett to it, it would take them |to the morrow at this tyme. Secondly, That Synod of Dort did not pronounce these pointes contraverted betwixt them and the remonstrances to be hereticall, but only to be erroneous. Thirdly, Doctor Feild, and uthers, distinguishes errours in two fundamentall poynts about the foundations of these that are more remotejSindpreterfuTidameiita. In thefirst sort,raeir ignorance was damnable, but, in the third, obstin- acie, as Doctor Feild instances Pauls cloake, what became of it, or whether Onesimus was Pauls Ser- vand now. Now the Moderatour assumed that Dr Balcanquell would not affirme that sinne ignorance of these pointes of Arminianisme was of the selfe damnable. Pourthlie, Our Church holds, that all the maine poyntes of her discipline ordour, were war- rantable by the word of God ; and that, be God's grace, we are able to prove it to be so ; for the second article of our Confession, declareing Cere- monies to be alterable, it is to be exponed only of the circumstances of the tyme and place. Mr David Dalgleish addit two answers farder: — 1, Antient Counsell had proceedit, and finds them- selfes competent judges, even when matters of in- ferior degree are questioned, as in the questions of Novatus and Danatus. 2, That the Bishops wer indytit for poyntes of heresie, such as the Doctor acknowledged to be fundamentall poynts — to witt, poynts of Poperie and Arminianisme. Then the .Moderatour said — Seeing, in Gods pro- vidence, this Contestation is tymeouslie fallen in, it is fitt that this Assembly should voice, whether they find themselves competent judges to the pre- tendit Bishops, notwithstanding of the Declinatour and Protestation ? The Commissioner said — I find in rayselfe a great oontrarietie — causes of joy, but greater causes of grieff ; causes of joy, that I am able, before God and all that heares me, to make good all the whole offeris his Majestic hes made to this Kingdome, be severall proclamations and declarations, and more also. But I have sorrow that I cannot goe on so as to bring matters in hand to such ane peaceable end as I would; therefore, before ye proceid further, I will renew all my protestations, made in name of my Master, and Lords of Clergie, here. I will present unto yow his Majesties gracious pleasure, signed with my owne hand by his warrand. Then the Clerk tooke and red it, and it containes a discharging of the Service Booke, Booke of Can- nons, High Commission ; ordaines the 5 articles of Perth to be no more urged, and gives libertie to the present Assembly to represent their judgment of these articles to the next ensueing Parliament ; and that no oath be taken of ministers but that which is insert in the Act of Parliament. It promises Gen- erall Assemblies to be indicted als oft as shall be found expedient. It showes that his Majestie is content that the bishops be censured be the Gene- rail Assembly, and that he intends no change of Religion. It hath a command to subscryve the Covenant and band made 1580 and repeited 1589. After the reading of it, The Commissioner said— Now, I hope all these to all aspersions, anent change of religion, are de- clared to be unjust ; so, if any change of religion had bein intendit, this Assembly had never been granted, nor yet these offers made unto yow. I am entrusted with a full commission for the preserva- tion of religion, punishing of vyce, and to consider of all the just exceptions against the Bishops and Episcopacie, and have power to rectifie all the abuses of that office, so farr as that sort of govern- ment may still reraaine in the Kirk, as government not contrare to the word of God ; and anent the practice of this and uther churches, I have power to limite it so, that it shall not be able to wrong the church; and, if they wrong it, they shall be punished : yet, my commission is more ample than I will expresse. But, seeing I have not found that respect dew to ane Commissioner, and know what prejudicat opinion these here hes of me present ; and, when I consider what directions were sent from the Tables of Conveiners of Meetings at Edin- burgh to presbitries, be noblemen, gentlemen, min- isters, and uthers, it gives me just occasion to declair, that I can give no consent to any thing that is heir done ; and to cleare what I have said, I present heir two uther papers, ane sent from the Table at Edinbm'gh to presbitries, the uther from persons to their friends, and I desyre they may be red. I cannot designe the men who sent these papers ; but sui-e I am these papers are sent, dispersed through the kingdome, and that mens proceedings are ac- cording to the directions of these papers ; for there is not a Commissioner chosen but Covenanters, or, if any uther be, there is a protestation against him, or else they are chosen becaus none other could be found. 1 find, also, ane absolut resolution to men- taine the lawfulnes of the election of ley Elders, to voit here, and the election of ministers by ley Elders, and everie thing in this Assembly going on contrare to the practice of all former tymes and positive lawes of this kingdome : Therefore, I can acknowledge nothing to be heir done by the voit of such men. In the meane tyme, I desyre that this declaration of the Kings will, may be insert in the Bookes of the Assembly, as ane testimonie of his Majesties sinceritie in religion, and that he hath no intention of any change in Religion, and is readie to perform all that is here promised, and what further may conduce for the peace of the land, and espe- ciallie, that Assemblies shall be indicted als oft as the ailares of the Church shall requyre. The Moderatour his Speach to the Commissioner his Grace. It weell heseemeth us, his Majesties Subjects, conveened in this honorable Assembly, with all thankfullnes, to receave so ample a testimonie of his Majesties goodnes, and not to disesteeme of the smallest crumbes of comfort that falles unto us of his Majesties liberalitie. With our hearts doe wc acknowledge before God, and with our mouth doe we desyre to testiiie to the world, how farr we think ourselves obleist to our dread Soveraigne ; wishing that the secrete thoughts of our hearts, and the way wherein we have walked this tyme past, wer made manifest. It hath bein the glorie of the reformed Churches, and we accompt it our glorie after a speciall maner, to give unto Kings and Christian Magistrats, what belongs unto their places ; and as 1638.] KIRK OF SCOTLAND. 143 we know the fifth command of the law to be a pre- cept of the second table, so doe we acknowledge it to be the first of that kynd ; and that nixt to pietie towards God, we are obleist unto loyaltie and obe- dience to our King. There is nothing due unto Kings and Princes, in matters ecclesiasticall, which, I trust, by this Assembly, shall be denyed unto our King : fibr, beside auctoritie and power in matters civill, to a Christian King belongeth, first, inspec- tion over the affaires of the Kirk, et debet invigilare not only super ecclesiasticis sed super ecclesiastica : He watcheth not only over Kirkmen, but over Kirk matters. Secondly, The vindication of Re- ligion doth also belong unto the King, for whom it is most propper, be his Majestie, to vindicat Religion from contempt and all abuses, ho being keiper also of the first table of the law. Thirdlie, The func- tions, also, are in his Majesties hand, to eonfirme, be his royall auctoritie, the Constitutions of the Kirke, and to give them the strenth of a law. Fourth, His Majestie also hath the power of Correction : he both may and aught compell Kirkemen in the perform- ance of their dueties which God requires of them. Fifthly, The Correction, also, must be from the Prince, who hath power from God to coerce and restraine them to his terrour and auctoritie, from what beseemeth not their places and callings. Sixth, The Christian Magistral, also, hath power to convocat Assemblies, when they find that the urgent affaires of the Kirk doe call for them : and in Assemblies when [they] are conveened, his power is great, and his power aught to be heard — first, as he is a Christian, having the judgment of discretion in all matters debateable and contraverted ; next, as he is King or Magistrat, he must have the judg- ment of his eminent place and high vocation, to discerne what coneernes the Spirituall weill and Sal- vation of his Subjects : and, third, as a Magistrat sin- gularlie gifted with more thenordinarlie,'gifts of know- ledge and auctoritie ; and we heartilie acknowledge that your Grace, as his Majesties highCommissiouer, and representing his Majesties Royall persone, hes a cheefe place in this reverend and honorable Assemblie — ^first, as a good Christian ; next, as ye are his Majesties great Commissioner, and third, as ane endued with singular graces, and after a speciall manor, fittest for this employment. Far be it from us to deny any thing that is done to these who are in supreme auctoritie, or to such as are subordinat linto them and delegat be them. When Alex' the Great came to Jerusalem, he desyred that [an] Image might be sett up in the temple, which the .Jewis modestlie refuised as inconsistent with the law, which was the law of God, but libertie offered in their power, and more honourable for the King, that they would begin the reckonings of the tymes from his coming to Jerusalem, and would call all the first borne sons be his name. What is Csesars or what is ours, let it be given to Csesar, but [let] the God by whom Kings reigne, have his owne place and prerogative — be whose grace our King reign- eth, aild we pray may long and prosperouslie reigne over us. The Commissioner said — Sir, ye have spoken as a good Christian and duetifuU subject. The Moderatour said — Indeed we take this to be a free Assembly indicted be his Majesty, and we trust that all thinges in it shall be so moderat, that the word of God and reason shall seeme to proceed in everie thing, and that we shall not goe forward ane steppe, but as a clear light shall be holden out before us ; and we trust to make it evident to all men that we cannot nor darre no£ walke in ane uther way, and we are hopeful!, that such a right- eous King as ours is, needs nothing but to have a clear trueth pointed out before him, and when he sies it, he shall fall in love with it. The Commissioner said — 1 am hopefuU that ye will proceed so as ye are obledged by your oath of alleadgence, and I trust that all his commands shall be found to agrie with Gods commands. The Moderatour said — It is our heartie wishe it be so ; and we rander to his Majestie heartie thankes for this Assembly, and we trust that, be Gods assist- ance, in nothing shall we pas the bounds of a free Assembly. My Lord Lowdoun eikit and said — As your Grace hath declaired his Majesties graceous pleasure,,fo the contentment of all the hearers, in condisceud- ing to many points of the petitions of his subjects, for the which we heir rander, as the Moderatour hath said, heartie thankes ; and we humblie desyre ane copy of the Prelats paper, conteining so many criminations against us, opposing this lawfuU con- stitut Assembly, that we may consider it and cen- sure it, and thereafter the giving of it, according to the word of God and Constitution of this Kirke, may cleare ourselves of all the imputations layd to our charge. The Commissioner said — It hath a claus in it, as I remember, bearing registration ; therefore ye may get it. My Lord Lowdoun said — But we crave that we may have ane copie of it, with your Graces allow- ance, out of the Clerks hands. The Commissioner said — I will not hinder yow to cleare yourself of any imputation layd to your charge ; but I will not suff'er yow to goe on in cen- sureing the prelats as I wishe I might. My Lord Lowdoun said — We trust that all our proceedings against them shall be found frie of partialitie. The Moderatour said — As before I asked if the bookes and Acts were the rule whereby their faults should be censured. Sir, now I ask if this Assem- bly finds themselves competent judges to the Prelats ? The Commissioner answered — If they proceed in the censure of their persones and offices, I must remove myselfe. The Moderatour said — A thousand tymes I wishe the eontrare ; and I intreat your Grace to heare the voltes of this Assembly in this matter, seeing it belongs to the Assembly to be judge of their Con- stitutions. The Commissioner said — I must not wrong my- selfe, and much more the great bussinesse I am en- trusted with, if I should argue the question with such a learned man as yow are ; but I thinke it strange, notwithstanding the exceptions, documents, protestations, and declinatours usit be me in name of my Master and Lords of the Clergie, that they can take this matter to the consideration of the Assembly. Surely it is not the Bishops but the King ye have adoe with ? The Moderatour said — I must yet ask if this Assembly finds themselves competent Judges ? The Commissioner said — I wish that question may be deferred this tyme. The Moderatour said — It is only the fitt tyme to propone this, after the reading of the dechnatour ; and I am only a servand to this Assembly, and can doe nothing at myne owne hand. The Commissioner said — I can tax your carriage in nothing you have done, as a wise and discreit Gentleman ; but I see now that this Assembly hes determined to go on for all that can be said ; there- fore I may no longer keepe silence, but oppose my- selfe unto it. 144 RECORDS OF THE [1638. Kothes said — It seemes that the Commissioners Grace hath exceptiounes against this Assembly — for two reasons — first, becaus too many ruleing Elders have voice in it ; to which I answer, tliere are no more nor are warrandit be the word of God, prac- tice of uther Kirlces, and positive law of this Kirke ; and if that any yet thinke that Elders should not have voice in this Assembly, alse free as any in for- mer tymes, let them cleare it be good reason, for we are yet readie to dispute the matter. The uther exceptioun his Grace seemes to have against this Assembly is, that he thinkes partialitie will Jbe used heir, and that matters are determined by us before hand, as his Grace hath laboured to cleare be his two papers that are red, which are said to come from the Tables at Edinburgh ; but we deny these papers to be ours ; and heir I produce the two verie true papers which came from us, which have no thing in them so absurd as is said to be. The Commissioner said — I excepted not ag* your privat, but against your publict papers. Rothes answered — There came no papers from ws but these two be me produced ; and if any uthers there be, they are only the advice of privat men to their privat friends ; and if any thing be worth the challenging in these papers, let the author of them answer for it. And now we crave and humblie entreat your Grace if there be any exceptioiuies against our former proceedings, that they be de- clared; for we are verie hopefull to justifie all we have done to the full, and that we shall be able to defend all as warrantable : for we never intendit but to proceed according to the word of God and lawes of this Church and Kingdome. The Commissioner said — Your refuiseing to give voit in this Assembly to the Kings Assess ours, is enough to prove the contrare, if there were no more. Rothes answered — Their voits is contrare to the Constitutions and liberties of this Kirke, and there- fore our refuiseing must not be taken in evil pairt. The Commissioner said — That the Kihgs Majes- tic hath bruilfed the priviledge of having assessours to voit in Assembly these 50 yeares past, and why not in this Assembly, seeing our King hes showen such myldnes and benignes, and hath not uttered any angrie word since I came to this King- dome ? Rothes replyed — As we acknowledge that he hath beene a good and graceous King, so whatsomeveris competent' to be done to such a King, shall be done by us, to witt, at his willing, obedience h'eartilie pray^s and wishes that he may lang and prosper- ouslie reigne over us ; and if we doe not so, let not Gods blessing be upon us. But we must so pro- ceed as this free Assembly be not prejudged, nor the liberties of this Kirk impaired, seeing we must make answer to ane higher judge. If the privilege craved were in matters that were in our power, we would soone have yealded ; but seeing they are not, I thinke we should be excused. The Commissioner said — Seeing ye will not give to our King what was given be our predecessours, I cannot thinke ye will have that obedience ye speake of. Rothes answered — Obey we will, in everie thing dew to his Majestic, be the word of God and lawes of this Kirk, and shall be readie to thrust out of doores all such as will be utherwayes. But if that which is now craved was given in former tymes, not by a right law but by a corrupt practice, and matters were caried utherwayes in his Majesties absence then they should when many moe corrup- tions, as now to be redressed, why not that amongst the rest ? The Commissioner said — It is enough for us to prove that he had Assessours. My Lord Rothes said — Let your Grace say that he had be right, and we shall agrie to it. Moderatour said — Thinkes your Grace of these worthie and Noble Lords that sitt by yow, that this is refuised out of any disobedience to our King, or disrespect to these Nobles, but from a respect to God and his Kirke, and these Commissions may verie weill agrie ? The Commissioner said — No man may thinke but our graceous King will mentaine the liberties of his Kirk in all heartie and sincere %vayes as any of his predecessours, and thinke he nowayes intends to incrotche vpon the liberties of the Kirk at this tyme, but only to defend it from the oppression of over- ruleing Elders ; and yet I tax no man — for I have no charge to that end ; and if I had, I thinke I have a heart to execute my Masters Command as ane other Man. But our King, intending only the maintenance of the puritie of religion in a quyet maner ; and, therefore, I desyre that nothing be put in practice in this Assembly by ley Elders, which hath beene so long out of practice. If these Elders should have beene pleased that this Assem- bly should have beene constitut, after the late ordinar maner, and than have comed in and claimed their right to sift and voit here in a fair way, I thinke it would have beene granted ; for what could conduce more to further a Kings end, and strengthen his auctoritie in ane Assembly, than that a number of wyse and learned laymen should have voit in it ? But becaus he intendeth only the preservation of the puritie of religion, he cannot consent that ane Assembly should consist of such a great number of ignorant men, wanting abilitie to judge matters to be handlit heir, but desj'red only that this Assembly may consist of the Churches owne pure Members, that so she may receave no prejudice heir. Lowdoun said — I perceave the maine objection against the voiting of the Ruleing Elders is yet urged, and their ignorance to judge in matters that are to be handlit heir; therefore I ofi'er heir to dispute, that the office of a Ruleing Elder is war- ranted by the word of God, practise of uther Kirkes, and lawes and practise of our owne Kirk, and re- ferris the decision of the question to the Assembly as the only competent Judge. The question is alreadie dispute heir be Doctor Balcanquell, and it is grantit from the testimony of the Synod of Dort, that Elders have voit in matters of faith, and mat- ters of discipline and order; and where it is objected that these Elders at the Synod of Dort were learned and judicious men, able to dispute and treate of the greatest matters in the Latme tongue, and these heir a^Jsembled are not such for the greater pairt, I answer, it is not alwayes men of the greater place and learning who brmg foorth clearest light in mat- ters that conoerne religion. There are heira number of Gentlemen and burgesses of the lowest sort, tramed up at schooles and coUedges, taught all the grounds of rehgion, and able to decerne trueth when it IS pointed forth ; therefore— seeing be the lawes and practice of this Kirke, such hath beene in use to voit before, and we have offered to dispute the matter yet more— referring the decision of the question to this Assembly, we hope there is enough said for clearing of our power. The Commissioner said— It is hard for me to make answer for everie speach of such a number of learned and understanding men. But, as I remem- ber. Doctor Balcanquell said not that the Elders of the Synod of Dort had voice in matters of faith. My Lord Lowdoun answered — It is true the 1638.] KIRK OF SCOTLAND. 145 Doctor made a distinotioue of more and les funda- mental poyntes of faith. But that Svnod did deter- mine what was more fundamentall and what was less fundamentall poyutes of faith ; and it is clearlie proven that the Elders had voit in all matters pro- poned their. The Moderatour said to Doctor Balcanquell — Let the question be yet stated and agitat; for the ques- tion now in hand is not, whether the office of Ruleing Elders be warranted by the word of God — which I thinke none will deny — but the question is, whether the Elders, according to the Acts of Assembly and Customes of this Kirk, hes place to voice heir? And if ye, or any, will be pleased to conferre or dispute the question, we are ready for it. The Convocation House of England would not be con- tent that any should say, " Your Church is not Weill constitut ;" far les can we lieare it said to us ; therefore we would be glad to heare what ye have to say in this question ; and if the Commissioners Grace would stay, we trust he shall heare this and many uther questiones discussed. , My Lord Rothes said — The Commissioner seemes to take speciall notice of that expression which was in the Letters from Edinburgh, called the Tables ; as if the Letters from these Tables did import a judicatorie ; therefore I desyre to cleare it. When great nilttibers were conveined in Edinburgh from the sense of evills lying in this Kirk, and wer joyn- ing together in putting up a supplication to the Lords of Counsell, my Lord Thesaurer taxed us for such numerous Convocations, quhilk as the Con- vocation was out of love to Religion, which seemed to be in hazard, and therefore everie man having onie particular interest, conveeued : we, answered, that such a Convocation behoved either to be, or Commissioners in their name ; aud your Grace de- syred that \vhen ye came to Edinburgh, that the toune might be emptied of such multitudes ; and your Grace ordained that the schires should con- vene be their Commissioners : therefore, when the Commissioners from schyres aud presbitries mett, and sett downe, what absurditie is in it, to call thera so mett, " a Table," seeing it is not called a Coun- sell Table, or a Judiciall Table, such as the Prelats called their Tables ? If we called it a Judiciall Table, let us be hanged for it. A taylors talile, sit- ting with hismeu sewing about it — so called aTable— or a company eating at such a mans table, there is no absurditie in the speache ; and we did not call ourselves " The Tables," but uthers gave it that name. The Commissioner said — I except not much against the name of Table j neither have I spoken any thing in passion against it, albeit I be natural- lie passionat ; yet 1 thank God there hes not much passion escaped me heir. I have no caus of pas- sion to heare these Meetings called a Table ; for there is passion enough at my heart, that I find so much power at these Tables, and so little at the Counsell Table — for it is Weill knowen, your posi- tive Counsells are more regarded nor the Kings Counsell Table. But I forbeare to speake more. I could bring foorth many mos just causes and ex- ceptions against your proceedings, but I know they will be to no end ; for I feare your prejudged opin- ion of all that I can say. My Lord Rothes desyred that his Grace would bring foorth any one instance wherem any had failed at that Table. The Commissioner said— Ye know that all the ordour from them hes been readilie obeyed, but little or nothing from the Counsell Table. My Lord Rothes said — I know neither direction nor obedience given in any thing from that Table, hut according to the word of God, and lawes of this Kirk and Kingdome. The Commissioner said — I came not heir to recriminat, and therefore I pas it. My Lord Rothes said — -Please your Grace to heare the true directions from that Table ; for, in trueth, I never heard of these given in be your Grace ; and, when ours are read, we trust we shall be found to surrogat no auotoritie to ourselves. The Moderatour said — If any good success como from these directions, it is to be imputed to God, and not- to their auctoritie. My Lord Lowdoun said — I would ask at your Grace, what are these directions from the Counsell Table, which have not gotten readie obedience from us ? For I know none but such as could not be obeyed for conscience sake, and that cannot be compted disobedience. The Commissioner said — ^I know that all my Masters Commands are justifiable, and such as good Christians should obey ; and I thauke God for his righteous and clement heart. My Lord Lowdoun said — We think that your Graces labours hes still turned matters to the bet- ter, and we pray it may be so still, till thir mat- ters be at ane end. The Moderatour said — I would ask the voits of the Tables, whether you thinke yourselfes a Na- tionall Assembly or not ? The Commissioner said — If I could patientlie continow, I should tell my opinion ; but seeing now my loyaltie and faithfuU discharge of my Commis- sion is in hand, I must remove my persone ; for my estate is not so deare to me as my reputation and fidelitie to my Master. The Moderatour said — We only crave the re- newing of your Graces former patience. The Commissioner said~I cannot assist nor con- sent to any thing that is done heir, except ye adhere to that which ye have heard red, in the sealed pa- per ; and still I protest that nothing done here may inferre his Majesties consent or myne, or yet ob- lidge any of his good subjects. Rothes said — After many supplications were pre- sented to his Grace, your Grace was imployed for sattelling of matters, and we expected a happie con- clusion when your Grace promised to deale for a free Assemblie ; and, if any just exceptiones were against the Prelats persoue or discharge of their office, it should be rel erred to the Assembly : And now the free Assembly is granted, and is fullie con- stitut. If your Grace, who is a cheafe Member of it, be protestation and deserting of it, lahours to make this Assembly most unfree, it is more nor we ex- pected. If your Grace hath any just exceptiouu against our former proceedings, or doth feare that we shall not proceed in such a just maner as be- comes us, we are readie to cleare our selves. In Loth we shall repell, or give satisfaction, for by- gones, or for tyme to come — the law of God, and Constitution of this Kirke, shall be ane rule, as it hath beene hitherto. The Commissioner said — I attest God, I have laboured asa good Christian, loyall subject, and kynd countryman, for the good of this Kirke, laying aside all privat considerations, as I shall answer to God; and, at my last going to Court, I said to some of my particular friends, that I should doe what in me lay for procureing a free Generall Assembly ; and now a, most free Generall Assembly hath beene procured and indicted: but things in it are so carried that it is like to be a most unfree Generall Assem- bly. For the reasons I have alreadie expressed. 10 146 RECORDS OF THE [1638. glad would I be to have it utherwayes, as there i ^ nothing which can be proponed^ keeping my sell within the l.ouuds of my Commission and fidelitie to my Master, but I shall doe it ; for I desyre to [serve] God, my King, and my Countrie. But a weightie burden is layd on the back of a sillie young man overcharged with a toilsome bussinesse, and unable to bring it to such ane end as I would. Eothes said — And the present evils, and further ineonvenients like to come by your Grace rysing, must be ane ; and we protest that we are free of all : Therefore it must lye upon these uuhappie men ; they are the band of all the evUs, and their source sends foorth all tliir secrete suggestions and privat whisperings against Ruling Elders, is a chiefe cause of this. The Commissioner said — But I heard these men sweare that, for procureing the peace of the Land, they were content to lay downe their offices and livings, and leave this Kingdome. I grant the offer is but small, for the Prince whom they serve can make it up another way. The Moderatour said— I wische these men were more wise then to make themselves more odious to the land, by moving your Grace to leave this As- sembly ; for it is evidentlie scene by all, that they are the cause of your Grace rysiug. The Commissioner said — 1 grant the cause is be urging in of a declinatour and a protestation against lay Elders ; but, truelie, they are free of this my declaration, now red in your hearing, which I desire to be insert in the bookes of the Assembly. The Sheriff of TeviotdaUe said — The paper your Grace craves to be insert, is full of grace and good- ness, and the registration of that, proves the bookes to be an allowed Register, and the Assembly to be lawfuU ; and if your Grace hath protested against the auctoritie of these bookes, and lawfulnes of this Assembly, and will leave it as unlawfuU, how dis- assenting are these ? The Commissioner replyed — Whenever I have assented, it shall stand good. The Moderatour answered — Your Graces direc- tion to registrat these papers in this, is ane acknow- ledgement that these bookes are good. Mr David Dalgleishe said — I pereeave, by your Graces speach and the Bishops paper, that they desyre to be cleared of these foule aspersions and imputations given in lybell against them. If, then, your Grace shall leave this Assembly, it is evident that they have the wyte of it, and have no will to be cleared, but would have all their challenges and imputations lye undiscussed. The Commissioner answered — I am sure the Bishops desyres nothing more then to have a law- full hearing before a judge free of partialitie ; but no man will submitt himself to a judge whom he thinks his partie, as they think this Assembly to be. Mr David Dalgleishe said — If I were in their case, and judged myselfe free of such imputations, I would submitt myselfe to the meanest subject of this kingdome, let be to such an honourable As- sembly. My Lord Lowdoun eikit — If they would declyne the judgment of ane nationall Assembly, I know not ane competent judgment seat for them but the King of Heaven ; and, as for us, we sweare we have no personall prejudice at them : but in sua far as they have wranged the Church, the King, and Countrie, we desire they may be censured for it. The Commissioner said — I stand to the Kings prerogative as Supreme Judge over all causes, civill and eeclesiasticall, to whom I think they may appeale, and not let the causes be reasoned heir. My Lord Argyle desired the Assembly to heare him a little before his Grace should departe, and said— I was called to this Assembly by his Majestys command ; but now, being come, I desyre to cleare myselfe, that my pairt hes bein fair in every thing that I know, neither as flatterer of the Kmgs Grace, nor for my own ends. I have not striven to blow the bellowes ; but studied to keepe matters in als soft a temper as I could : and now I desyre to make it knowne to you, that I take you all for mem- bers of a lawfull Assembly, and honest countriemen. As this Assembly consists of members civill and ecclesiastic, I wishe that care may be had that this bodie may byde together, as ye all band yourselves by the late subseryved Confession of Faith ; but I desyre that nothing be done in tliis Assembly to the wronging of that Confession subseryved by us of his Majesties Counsel!, as if I had subseryved it with a mynd different from that which all had at the first making and subscryving of that Confession. My Lord Lowdoun answered — Your Lordships protestation is very reasonable, seeing it is very scandalous that ane Confession should be subseryved be the Lords of his Majesties Counsell and Session, and ane uther be the bodie of the countrie, as if they were two different Confessions of Faith among the professours of ane religione in ane kingdome ; therefore, it is eamestlie desyred of all, that the Confession of Faith be cleared, and a full explana- tion of all the heads and articles of it, that all may heartilie joyne in ane Religion, and dnetifull obe- dience to our King, and that no slander goe abroad to uther nations. The Commissioner said — What is done by war- rand of auctoritie shall be cleared by the lawes of this Kirk and Kingdome, and wayes also shall be found to cleare his Majesties intention and will. My Lord Lowdoun replyed — We are nothing diffident of that, neither is anything of that sort said by us to presery ve your Grace ; but seeing two Confessions are subseryved of divers constructions, as humble supplicants we desyre that the Confes- sion may be cleared, that all his Majesties subjects may be joyntlie tyed to God and the King. The Commissioner said — I had warrand to give order for that and much more, but alace ! I may not now stay. My Lord Rothes said — It is pittifuU that the Confession should not be cleared, seeing it is sub- seryved with three severall Constructions, and in Aberdein by some after a Popishe maner, admitting all the ordinances of the Kirk introduced or to be introduced, and this is the Papists implicite faith ; by uther with that Construction only which it had when it was first subseryved anno 1580 ; and a third sort with a mere abjuration of all novations introduced since that tyme : therefore it is necessar that the Confession be cleared in the Assembly. The Commissioner said — I cannot stay now. My Lord Rothes said — Becaus your Graces de- parture was surmized this morning, therefore it was found necessar by this Assembly that a protes- tation should be made agamst your Griice. But we are most unwilling for to present it, and would rather intreat your Grace to propone your scruple and exceptions against this Assemblie, that they may be cleared. If your Grace will not, but will depairt, we must protest that your Grace hes de- pairted without a just reason. The Commissioner said — I make a decl.iration that nothing done heir in this Assembly shall be of any force to bind any of his Majestys subjects; and I in his Majesties name discharge this Court to sit any longer. 1638.] KIRK OF SCOTLAND. 147 [ The Commissioner leaves the Assembly. ] And while the Commissioner was in depairting, tlie protestation against his depairture was put in the Clerks hand and red, and Instruments tane of the protestation. The Moderatour said — All that are heir knowes the reasons of the melting of this Assembly ; and albeit we have acknowledged the power of Chris- tian Kings for conveining of Assemblies and their power in Assemblies, yet that may not derogat from Christs right ; for he hath given divine warrants to convoeat assemblies whether Magistrats consent or not : therefore, seeing we perceave men to be so zealous of their Masters commands, have we not alse good reason to be zealous toward our Lord, and to mentaine the liberties and priviledges of His Kingdome ? Ye all know that the work in hand hes had many difficulties, and God hes borne us through them all to this day ; therefore, it be- cometh us not to be discouradged now by any thing that hes interveiued, but rather to double our cou- rage when we seeme to be deprived of humane auc- toritie. He desyred some of the brethren should speake a word of encouragement and directioun to the Assembly, as God shall put in their heart for the tyme. Mr David Dick said — Ye all understand that the great worke now in hand hes bein from small be- ginnings ; for at the first, we intendit only to exoner ourselves, and to leave a testimonie to the posteritie that we bure witnesse to Christs oppresst cause. We thought the Cause desperat when we wer chargit to buy the Service Bookes under the paine of horn- ing ; yet we gave in supplications to the Counsell, desyring us to be heard against such indirect pro- ceedings. When we knew not what to doe nixt, God hes led us on steppe by steppe, keeping us still within the compasse of his word and lawes of this Kingdomej for any thing that we ken ; and we have only followed our caus with humble supplica- tions to our Kiug, and protestations against that which we could not obey ; and it is evident that God hes accepted our testimonie — ^for his hands are about us still — for if he had not directed us, and his hand had not guyded us, we had beene long since confounded in our witts, and could have done no- thing for the compassing of this great worke, more nor young children; neither could we have con- tinowed in ane mynd till this day, if ane spirit had not told us. Seeing the Lord hes led us in a safe way to this day, he is now to crave a solemne tes- timonie of the Kirk of Scotland, and to ask of everie Man, who is his God ? And we have clearlie pre- sented unto us, a lesson of our fidelitie to our Lord from my Lord Commissioner. He hath stood punc- tuallie to the least point of his Commission. It becomes us to be als loyall to our God, seeing we are not restricted to particulars as he : Therefore, seeing this Court is granted to us of God, under our King, and with allowance of our King, and a parliament indicted to warrand all the Conclusions of it ; and now he hes drawen back his granted war- rand, shall we for this be disloyall to our God, and slyde from that which He hath granted ? If we goe not, we shall prove tratouvs both to God and our King ; or if we be silent, and passe from this As- sembly, how shall the will of God be demonstrat to our King in pointes controverted ? There is not a meane to iiiorme our King fuUie and clearlie, but the determinations of this Assemblie : There- fore we must now proceed, and so proceed as all cm- proceedings must answer for themselves, and, it may be seme, we have proceedit as good subjects to God and our King. We must either goe on, or take upon us all the imputations of scandalous and turbulent persones, and grant that there hes been als many wranges as there had been false imputa- tions layd out against us ; and this were to sin more deeplie, and to quyte these glorious priviledges which Christ hath granted to us, above all our Sis- ter Churches, seeing there is not a meane to cleare ourselves to the Christian world but this. Let us goe on, putting over the matter upon our Lord and Master, and he shall answer for us at the Court of Heaven, and justifie us in the eyes of all that are wise. Mr Hary RoUock was called next, who uttered a speech to the efiect foresaid. Mr Andrew Cant, and some uther of the breth- ren, spack likewise to the same purpose. In the meane tyme came in My Lord Erslone, before the Assemblie, and, with teares, did regrait his so long refusall to sub- scryve the Covenant, and was now most willing, with heart and hand, to subscryve it, if the Assem- blie would be pleased to accept of him : -the seeing and hearing whereof caused no small matter of joy to the whole Assembly ; acknowledging, with ad- miration, the wonderfiUl- Providence of God— that some had deserted and gone from them, so uthers were sent unto them. To encourage them there were also, at that tyme, four or five uthers, some whereof had been in uther countries, in tyme past, who all did enter in ane Covenant with joy to them- selfes and the whole Assembly. After which, the voltes of aU the Assembly were craved by the Mo- deratour Whether they would adhere unto their Protestation newlie red, or continow to the end of the Assembly now discharged ? All and everie ane of the Assemblie except six or seven, declaired solemnlie, that, with all their heart, they adhered unto their Protestation, and promised to continOw till this Assembly, after the settling of all matters, be dissolved be commoun consent of the Members. Tlie Moderatour, having renewed the question againe, Whether they found themselves lawfuU and competent Judges to the pretendit Bishops and Archbishops of this Kingdome, and the Complaints given in against them and their adherents, notwith- standing of their declinatour and protestation? The whole Assemblie, except four, declared this Assemblie to be most lawful! and competent Judges to the pretendit Bishops and Archbishops of this Kingdome. The Moderatour having called upon the name of God, this Session dismissed, Sess. 8.— Nov' 29, 16.38. Moderatour — I must intreat yow, honourable and welbeloved, to consider yow are in the sight of God, who not only requires inward reverence, but also outward respect ; becaus these who hath beene our old adversaries, and hath now declaired them- selves to be so, hath spoken reproachfullie against this Generall Assembly, especially becaus of the tumultuous carriage of the Members thereof, when they speake concerning the suffrages — the voits of the Members of the Assembly. But that no such occasion may be given to them heirafter, let your carriage be grave as in the sight of God. Keep yourselfes quyet ; becaus ye ought to have your judgements exercised about the matter in hand, and elevating your mynds to God to send downe light; and, when he sends downe a good mo- tion, ye may expresse it with gravitie, and tiiat 148 RECORDS OF THE [1638. two or thrie speake with leive— not that I assume any thing to my selfe, but I am bold to direct yow in that, whei-ein I have the consent of your owne mynd. After in calling upon the name of God, The Moderatour uttered these words : — The As- semblie is not fullie constitut — not that I call the lawfuUnes of it in question, for the authoritie of it is manifest — but let us leave nothing undone that is necessar for the constitution thereof. There are some Commissions controverted, quhilks are not yet discussed; therefore let the Committies delyver their papers, aud tell their judgements. Then the Clerk called the Committie of Peihles. Moderatour said — Have ye found these Commis- sions good and vahde enough ? Answer — We find no reason against it ; but yet we think it good to heare any that hes any further information. Moderatour said — If there be any- Member of this Assemblie that hes any further information to give to the Committie for the Presbitrie of Peibles, let them give it in to my Lord Burlie at 4 o'clock. Then was the Committie for Brechin called on. Mr James Bonar said^ — We are not able to give ane answer to the Assembly as yet, in respect we have not raett since. But if the Assembly please to give us farder tyme we shall take farder tryell. Moderatour said — Think ye not that ane of the fyve Commissioners that are pretendit to be chosen, Mr Lawrence liinneir, who is designit be both sydes, may voit presentlie in the Assemblie ; and no' question if the Assembly knew the Man, none would object against liis persone, and his Commis- sione cannot be cantraverted, since both pairties hath chosen him ? Lowdoun said — Enquyre both the pairties if they have any thing to object against him. Carnagie was absent. Moderatour asked Din if he had any thing to object, who Answered — I beleive it is knawen to the Com- mittie who tboke the oath of the Ministers (.■onceni- ing the declaration of the veritie of the businesse. Moderatour — We'll heare the judgement of the Assembly. — Then he called on Mr David Dalgleishe, whoapproved that Mr Law- rence Kinneir should have voit. Then he called on Mr Robert Dowglas, who said — I was upon the Committie, and I think it meit to let it lye, and let none have voiting till tyme it be better sighted ; for it may be, informahtie be found on both sydes — for Carnegie being absent, it is good to let lye to see if he will compeir to-morrow : if not, consider if the uther have such insufficiencie that it cannot stand as a Commission ; and if it be not insufficient, let him voit. The Moderatour desyred ane uther of the Minis- ters of Carnaigies Commission to stay still, becaus he was a reverend Father, and was acquainted with the AssembHes. Though his Commission was not lawfull, yet he may be a witnesse to their proceed- ings : who answered, he should stay if the Assembly would allow of his Commission. Moderatour said — We are not to give sentence whill the morne. Moderatour said — In the declinatouv and protes- tations given in by the Prelats, there were some exceptions tane against some worthie men [who] came out of the Kirk of Ireland, admitted Ministers in Scotland, and now chosen Commissioners to this Assembly ; therefore it is good the Assembly had all their mynds cleare concernmg them : and after that we will not have much adoe mth Mr Eobert Blair, Mr John Livingstoun, Mr James Hamiltoun ; for Mr Alex' TurnbuU he is under censure. Mr Eobert Blair said— We have our reasons to give in against the unjust proceeding of the Prelats against us in Irehind, proving their Censure to be null. If the Assembly thuike it expedient, we shall read them. „ Moderatour said— Doe ye remember the words ot the Declinatour concerning yourselfe ? Mr James Hamiltoun said— These are the words : " also some Ministers under the Censure of the Kirk in Ireland." Then the Reasons were given to the Clerk and publictlie red. Moderatour said— Take head to these Reasons that ye may object and propone in any thing wher- in ye get no satisfaction. Mr Robert Blair said— There were some that were under censure, and we were never chargit ; only we heard about a year after we came away they were seeking us. Mr David Dick said — Moderatour, I will tell some tiling to cleare that, becaus I am their neigh- bour. Now, I heard that when they wer under proces, the bishops had respect to their not come- ing back againe, or if they came, it might searr people from hearing of them. Moderatour said — I believe our Church is inde- pendent, and depends not on the Church of Ireland. Mr Blair said — And there is not ane in this As- sembly that adheres to the Confession and Cove- nant of the Kirk of Scotland, but the Prelats, both heir and there, judges them all worthie of the deep- est censure that their pretendit power can inflict. It had bein small matter that some four or five of ws been carceired, were not thereby the publict caus had been woundit ; for the same prelats are alreadie to charge this whole Assemblie with the same, wherewith they charge us ; therefore, if there be any heir who have any thing to say, let them doe it publictlie in the face of this Assemblie. If the declarations be not cleare, the Assembly may get full assurance of this. The Moderatour said — Ye have not a mynd to bring this Assembly to a snair ; but if there fall out any thing to be written against the Assembly, ye will cleare the same by writt. Mr Blair said — We promise so to doe, and for our owne parte, we thinke all that speakes in ane Assemblie, should speake in the sight of God. ShirrefF of Teviotdaill said — I thought to have gotten farder satisfaction aud some information con- cerning youi' depairture out of this Kingdome, at tir.st removed. Moderatour said — Weill remembred ; for there is something of that in the Proclamation, saying these who made Sermons against Monarcliioall Government are Members of this Assembly. Mr Blair said — I thank God that, by occasion of this and that which the worschipfuU ShirrefF have said, my declaration of this point is occasioned, all which of my owne accord I would gladly have mo- tioned, were not I feared the imputation of takeing up too much tyme in this Honorable Assembly. I first fake God to witness, that all the afflictions that hath befallen me from my youth, at my hand, hath beene, for aught I know, for constant adhereiug to the Confession of Faith of the Kirk of Scotland, since the day that Perthes Acts were determined, where I was present, and the Lord furnished me with resolutions to stand to the trueth, which there I perceared to be oppressed. And I am sorie that this declaration, if I be particular in it, will force 1638.] KIRK OF SCOTLAND. 149 me to expresse the names of some whom rather I would desyre to sparr. It is weill knawne, while I was a, Master of the CoUedge of Glasgow, there came a learned Countryman of myne, that had heen in forraigne pairts, and promised to reduce the Col- ledge to eonfonnitie to Perthes Articles ; and find- ing me somewhat resolute to stand out, it made some little grudge iu that learned mans mynd. There was addit to this ane uther in a publict theo- logicall dispute. It fell out that a poynt of Armi- niauisme in the poynt of election, where foirsein faith was mentained by that learned mans schollers, who came out of France with him, I being the op- ponent. What I say can be justified by a Com- missioner within this house, who will be loath to utter it uiiles he be put to his oath, in respect of the respect that he beares to that learned man. This being the Controversie, standing out against the corrupt course of conformitie, and that iu a dispute I taxed that Arminian poynt in my notes upon Aristotles Ethicks and Politiclis. Heirupon I, not being called to any publict, civil, or ecclesias- tical! Judicatorie ; but in ane accademicall or schoele meeting I was called there, and examined upon some dictats in Aristotles Ethicks, where I stood before all the Universitie, offering dispute upon all that I had taught, and for three houres dyted aff baud answers to the questions that were made, sub- scryved them with my hand, and offered that they should be transmitted to the Kings Majestic of blessed memorie. This being done, Mr Robert Wilkie, Rector of the Colledge, being a hearer, stood up and said, " Would to God King James himselfe were present to hear the declaration that this man hes made :" Lykewayes, Mr Rob' tooke me in his arnies and thanked God that I had so far cleared myselfe. Perceaving what undermyning powers were against me and the course of the tyme, I resolved to have resigned my place, where- to I was bound seven yeares : wherupon Mr Ca- meron, that learned man — a learned man indeed, whose name I wished altogether to have spaired — peyoeaving he was lyke to have lost his thanks for labouring to reduce me to conformitie, dealt with me in privat, and ingadgit himselfe that I should ryse to preferments if I would be drawen to conformitie, and that it was ane happie occasion to give up my name to the King, having declaired myselfe to their satisfaction. Ane uther poynt — the Archbishop of Glasgow was drawen on this course to examine the poynt ; but perceaving how he had bein led, and that malice had caried on the course, he delyvered my papers wherein I had given my answers, and would not take them back againe, and told to a worthie man, Mr James Robertson, that he per- ceived the ground of all the matter was meere malice against me, and withall sent for me and re- queasts me not to leave the Countrey, for I should shortlie be provydit for : And after 1 had gone to Ireland, he declared to my brother-German, Mr W" Blah- — a grave and judicious man, knawen be the most parte of the Assembly — that he was re- solved to plant me in the Kirk of Air, where God by his providence hes now brought me. This was written to me the first moneth I was in Ireland — and moreover, there was ane Letter written be the Archbishop of Glasgow to King James ; and before he wrote it he send for me and said, " I fear there be some that not only carries evill will at yow but me in this matter, and least we should be both wranged, I will write ane Letter to his Majestic for our exoneration ;" and thene he wrote ane letter, and there was an answer returned to me by my Lord Alexander, Earle of Stulings sone, resolving me that the King was more nor satisfied ; and so there was no cryme layd against me, but that I pro- poned some question out of Aristotles Ethicks ; swa there was never any judiciall proces, let be ane sen- tence against me : only there was ane academick meeting, and becaus I wearied of philosophic and demitted my place. The Moderatour said — Then it is unjustlie said by same, that being censured, yow are put out of the CoUedge. Tlien Mr George Young and Mr Robert Baillie and Mr Zacharie Boyd declared that he had related the matter truelie. Mr John Adamsone said — There is ano generall accusation against them as is against the whole Assembly ; and so they are but scandalls. Moderatour — They scandall us for having laick Elders, and we shall make it manifest be the word of God, that we should have them. Then the Mo- deratour called on sundrie members of the Assem- blie — Mr Robert Wilkie, Mr James Bruce, Mr Andrew Ramsay ; Nobles — Johnstoun, Lowdoun, Cranstoun, who answered they were all satisfied. The Moderatour said — Altho' the prelats accusa- tion be generall, yet for stopping of the mouth of malicious persons, we will stryve to answer any par- ticular that we can perceave they ayme. Ye re- memlier that there are some generall thinges in the declinatour concerning some ministers under cen- sure and not, were stryving to find out who they could meane, bethought they be not named ; and we find that there were some under the censure of the High Commission : Mr David yow are one. Mr David Dick said — I was admitted Minister of Irwing before Perth Assembly six months ; and hav- ing understood that Perth Articles were given out, I fell to and studied the cause as I should answer to God ; and being under sickness for the tyme, I held me quyet the space of two yeares and heard all men and [carried] not myselfe hither and yond : and last, when I saw it lyke my life should not have been long, I saw it necessar to give my testimonie to that trueth that I thought was borne downe. The Bishop got notice that I spake frielie, and yet in such modest termes as they would not have got- ten me in the calk ; for within three or four yeares after my entrie, was summondit before the High Commission. I compeired ; and becaus it was the first day of the Bishops their new roofe — having gotten the greene wax from Court — that is, that day they were made sole bishops as they were not before — I tooke course, after the incalling of the name of God, to doe as became a faithfull member of the Church of Scotland, to mell with what belonged to my calling, I drew to a declinatour of that Judica- torie, because I was inhibited be act of ParHament. When I red my summonds, I looked wher they should have said, " James, be the Grace of God, King of Great Britaine," and I found that they said, " James, be the mercie of God," &c., " and John, be the mercie of God, Bishop of Glasgow," which I made a reason of my declinatour, and offered to be judged by the first General Assembly ; and this declinatour they turned to be my quarrell : which day I was appointed to waird ; and least I should be mistane, albeit I acknowledgit not their sentence, I removed from Irwing, in regard to the Kings auctoritie, to Turray, where I was three quar- ters of a year. After, I was, by the diligence of my Lord Eglintoun and the toune of Irwing, by my knowledge, brought to Glasgow, where Cameron tooke in hand to convert me or to put my heid in the perrill ; and after I had talked with the Bishop, I obtained this honour that he should not make 150 KECORDS OF THE [163S. oonformitie the matter of my challenge, but wherein I had done wrang to auctoritie I would cleare it. And my Lord Eglintouu, Mr John Bell, and Mr Kobert Scott, who is now dead, was present when I cleared myselfe, to have done no wrang to auc- toritie by my deolinatour. After this the Bishop of Glasgow gave ane warrand to my Lord Eglintoun, under his hand write, to send for me to keip for my exoneration. I took Instruments of my hand, come- ing to Irwing : heir the act and the letter of the Bishop, which I desyre the Clerk to read. The Moderatour said — I hope the brethren hes gotten satisfaction. The Moderatour called on Mr Samuel Ruther- fuird and said to him — Were you not sent to Aber- deine by the High Commission ? Mr Samuel sayes — Most true. I was sent .in and summonded be the High Commission for div- ers pointes the Bishop of Galloway lybelled against me, and there was nothing at all proven against me, notwithstanding three severall dayes I was be- fore them ; and the third day they had no uther question to propone but these wherewith they at- tempted me the first two dayes — only the matter of none conformitie which I stand by ; and upon this they sentenced me, after I declared, by write, the unlawfulness of that seat, and that I durst not be answerable to the King to acknowledge that Ju- dicatorie, beeaus it was against the standing law of the Kingdome. Notwithstanding of this, they pro- ceedit against me, deprived me of my ministrie in Anweth, and confined me in Aberdeine. I watched on in Edinburgh, desyring the Clerk to give me ane extract of the sentence, but could not get it, and the reason why he schiftit me was, beeaus the Bishop of Galloway caused him adde a pointe to my sentence that I was not sentenced for — to witt, that I should exercise no ministeriall functione within the Kings dominions. The Clerk denyed it was a pointe of my sentence ; notwithstanding, the Bishop of Galloway caused adde that pointe, and I could never have the extract of it, onlie I got the Copie of it, and so I went in without a charge; and, heare- ing that the Secrete Counsell had accepted a de- olinatour against the High Commission, I came out without a charge. Clerk sayes — By Act of Parliament, all the Kings leidges are discharged to give obedience to any ju- dicatorie, but that which is established by Act of Parliament and lawes of the Kingdome ; therefore ye ought to be condigulie censured for entering into waird. The Moderatour said — Earlstoun, yow have beine lykewayes under their Censure ; who answered — I was confined in Wigtoun under the High Com- mission, where I gave ane appellation to the Coun- sell which Lome can declair. Argyle said — Indeed I remember weill of the De- creit past against Earlstoun when I was in Eng- land, and, when I came home, it was the day be- fore Earlstoun was appointed to goe to wau-d. I desyred eamestlie that he might not be confyned but fyned ; and so the pretendit Bishops did, which is not overseene in their dittay. There was a de- creit given out from the High Commission upon no warrand but his none compeirance, as if he had bein present in foro contentissimo. The Bishops went on as if he had compeired, and decreitit all that was libellit, as if it had been proven ; and the Bishop eikit, at his owne hand, " beeaus Earlstoun pre- sumed to protest." Upon this I found it was a litle informall, and desyred Earlstoun to forme ane bill and give in to the Counsell. When the bill was given in, I dealt with the Bishop of Galloway, to see if he would keep it from a piiblict hearing, and he was satisfied, but afterwards he was not so will- ing. I insisted and sohcitat the Coimsell that they should be content to dispense with the confynement, upon the payment of his fyne, which they were con- tent with. Moderatour said — I beleive verllie that these to whose eares the voice of the speakers hes come, be satisfied with that which hath bein said. If any be not yet satisfied, or hes any point or cir- cumstance to show that they have heard objected against thjr worthie Men, let them bring foorth. ■ — Since there is nothing to say, let us goe on. Although we doe not match or equall the Confes- sion of Faith of any reformed Kirk with the word of God ; altho' we doe not make it formam fidei sed ^ormam confessionis ; yet we have great reason to think reverentlie of our owne Confession ; beeaus uthers, who have bein Strangers, give a great tes- timonie to it. That it may be the better thought of, it is expedient that we have a cleare understanding of the particular articles therein contained, especeal- lie these that are controverted. Ye know what a bus- sines hes bein about the subscriptions of the Con- fession of Faith — some sabsery ving it with some in- terpretation of it, or application to the Seruice Bookes and Cannons, and uthers subscryving that of late tryed by his Majestie, and the short Confes- sion of Faith, with the'generall band nakedlie, without any sick application or interpretation, sub- scryvit be the Counsell. We are to think advisedhe to it as of great importance, and hope we shall heare somewhat to give us light to encouradge us to goe forward in the interpretation thereof, that that light we have may shine to uthers. Argyle said — I should be glad that all that are heir might heare me to the full ; and least I should be mistaken of what I said yesterday, I would gladlie let it be heard to this company, I intendit that two thinges should have beene knowne before we parted in the termes we did. The first was, onlie to take the Commissioner and States to witnes on the one parte, that what had beene my parte in all this bussines was neither flatterie nor seeking my owne ends ; that, upon the uther pairt, it ought to be knowne that I was never a desyrer of any to doe anythuig that might wrang soveraine auctoritie, but studied to keepe thinges in the fairest order I could. The second thing was truelie, I heard some dispute was like to grow by somewhat that was spoken be Doctor Balcanquell concerning the Con- stitution of this Church ; and, although it was in- cumbent to me to beware that that dispute should not grow dangerous — that when a whole Kingdome was entered in a nationall oath, the Assembly might not enter in any dispute, nor go in any thing that might prejudge any thing that by their owne know- ledge and consent had been done ; I say it was in- cumbent to me to beare witnes that nothing should be done prejudicial! to that voit ; not that I thought that I desyred it should not be tane to considera- tione what it were, beeaus some hes done it doubt- somlie— uthers hes referred it to the Generall Assemblie — uthers, not out of any dislike to religion, subscrivit it as the meaning of it was when it was first sett downe, which I now adhere unto, and deolaires, that in the publict way that we did it, it was as it was then profest, without any sophistica- tione or equivocatione whatsomever, and I heare of no uther interpretation ; and that I adhere to againe and againe, and desyres that any thing of that kynd be done wiselie, and be so looked to, that a whole kingdome run not themselfes to a national perjurie. And if I have beine anything intrioat, I cleare my- 1638.] KIRK OF SCOTLAND. 151 selfe, and nialte it knowne unto the world that I adhere unto the meaning of that Covenant as it was first suhscry vit, againe and againe, shortUe wisheing this nobile and worthie meiting to go on wyselie, considering the goodnes of our gracious Master, who hath condescendit to many things, and gone further on nor many loclted for ; and what is wanting I hope it is misinformation. And for the Commis- sioners cariage, it hath beene very modest ; and therefore I recommend to you to consider that ye have both the estate of the countrie and the estate of religion in hand, and according to your discreit cariage will this glorious worke be done ; and doe it in that respect to your graceous Soveraigne as becomes obedient Subjects. Then the Earle of Montrois said — My Lord Wig- town was to come heare with my Lord Argyle to make his owne declaration, and will be heir on Tuysday to declair himself to the Assembly as my Lord Argyle hes done, and will give all satisfaction. Then the Moderatour spacke to the Assembly — My Lord Argyle desyres yow to know that his Lord- ship hes put his hand to the Confession of Faith, and uthers of His Majesties Counsell, with this express declaration, that they have subscrived according to the meaning of it when it was first sett downe, and willes the Assemblie to proceed con- sideratlie concerning that, lest they doe any thing to bring any man that hes subscryved it under the suspition of that they cannot tell what ; and Wig- towne hes declared by Montrois that he could not stay to day to make the same declaration, but will returne the next week for that effect ; therefore since we have this recommended to us after this manner, and the matter requyres the same, it is good for us to proceed advysedlie and consideratelie, as that which will have light to any menes mynds — I mean when we come to declair what was the meaning of the Confession of Faith when it was first subscrived— what was abjured therein in doctrine, discipline, worship, or government — so as it may give all satisfaction to all men ; and I trust this grave Assembly will give their declaration from good reasons and weil groundit, for it is a material poynte. Then the Moderatour, in name of the Assembly, desyred Argyle to stay in the towne and be a wit- nesse to their proceedings, though he was not a Commissioner. Argyle said — My interest in religion, as I am a Christian, though not >i member of this Assembly, yet in the Collective bodie of the Kirk, induces me thereto. The Moderatour said — This is a material! poynt, and it would take up a lang tyme to heare all the acts concerning the clearing of the Confession of Faith ; therefore I thinke it good, if the Assembly be pleased with it, to appoynt a Committie to view the bookes therefore, that they may advyse about thinges and make them ryper to the Assembly : for next unto the word of God, this Confession, so solemnlie sworn, should goe deepest in our mynds. Lowdoun said — It must be the rule of all our proceedings, and the ground of all our comfort, when we are put to farther tryells ; therefore it would be verie deeplie considerit, and some judi- cious men named upon the Committie. Auldbar said — There is some in the North that hes a third Covenant. Moderatour said — We are not oblist to expone that. The names of the Committie : - Mr David Lindsay, Mr Andrew Cant, Mr .Tames .Martine, Mr Harie RoUoclc, Mr Thomas Mitchell, Mr David Dick, Mr Walter Balcanquell, Mr Robert Ileudersone. Mr Thomas Wilkie. Kothes, Lowdoun, Balmeriuo, Burley. Barons — Auldbar, Keir, Shirreff of Teviotdaile, Burgesses^ James Cochrane, Patrick Bell provest of Glasgow, James Fletcher provest of Dundie. Montgomerie said — Moderatour, we desyre our Summonds and Claime against the pretendit Arch- bishops and Bishops be red. The Moderatour said — Ye knaw the Prelats wer summond in the best way could lie thought upon ; and now, since the Assemblie is constitut, and hath discussed all objections that can be imagined against us, let us heare what is said against ane of the Bishops, and remove the rest to be looked on by these that have the charge of the BiUes. We need not spend tyme in reading the generall Complaint against the Bishops ; but here is a particular, con- discending upon some things which will cleare the generall. This is against the Bishop of Galloway. There was a lang Clame red, conteining fifteen or sixtein scheits of paper, against the pretendit Bishop of Galloway : Then he was called upon by the Officer of the Assembly, James Bell. The Moderatour said — This is a great bussiues we are entered upon, and we may perceave, by the reading of the Clame, what will be said against all the rest ; and becaus it will trouble the Assembly, let them be first viewed by a Committee delegat by the Assembly for that effect, who may give accompt to the Assembly. The names of the Committee — Mr James Ramsay, for the Diocie of Ediu', Mr John Jamiesone, for the Diocie of Glasgow, Mr W™ Dalgleishe, for Galloway, Mr Donald M'Elwrath, for Argyle, Mr John Duncane, for Dumblane, Mr George Symer, for Dunkell, Mr Robert Murray, for S' Androwes, Mr George Halyburton, for Brechin, Mr Alex' Martine, for Aberdeene, Mr W" Falconer, for Murray, Mr David Monro, for Ross, Mr George Leslie, for Cathnes, Mr W"" Stewart, for Orkney, Nobles — Eglintoun, Weymes, Johnstoun, Wedderburu, Lawers, Kinliet, Provest of Kinghorne, Baillie of Innernes, Mr George Gray clerk of Dundie, [Haddington.] To thir wer addit — Mr John M'Kenzie, of Lewis, and George Gordoun, brother to Sutherland. When the Clerk called on Doctor Robert Hamil- ton, Procurator for the Bishops, to answer to any thing he can say to the Summonds and Complaints given in against them, he compeired not. The Moderatour said — Ye know I was saying that the first occasion of our Complaints and Sup- plications were the Service Booke, and these Can- nons that were urged upon us. Ye know how miserable the face of this Church and State had bein before this tyme, if we had not supplicated against these eviUs, and what great mercie the 152 RECORDS OF THE [1638. Lord our God wham we sarve lies shaweu in de- lyveriDg ws so farr from them ; yet that it may be knawen to the world that our supplications wer just, and that there may be some monument of the wiokedaes of that BooUe left to the generation fol- lowing, it is very expedient that it be examined heir, that your judgments may be knawen and the reason of your judgements ; and that we may goe on the more compendiouslie, it will be good that there be a Committee chosen also for this. Then the advyce of some of the Members of Assembly wer taken, who all gave consent to this. The names of the Committie — Mr Andrew Ramsay, Mr Robert Baillie, Mr Alex' Retrie, Mr John Oswell, Mr Alex' Kerss, Blr John Adamsone, Mr Edward "Wright, Mr John Menzies, Mr Sam' Rutherfuird, Mr John Hay. The Moderatour said — The Booke of Cannons, Service Booke of Ordination, and High Commission, all of them are to be sighted by yow. Sess. 9.— Nov' 30, 1638. After, prayer to God by the, Moderatour, The Moderatour uttered these words — We trust in God, that the more our good cause hath bein defending, and. for which we are now conveened, is agitat, it shall be the more clearlie seen, and the more to be seen the more , it shall be affected, and these that shall see the excellent lusture that shaU be on it, shall, no doubt, he enamoured with it. Argyle said — I have gotten a paper which I, never saw before. It is from the Earle of Kinghorne, and, becaus it is a missive direct to me, I shall read it, and desyres it may be keeped by the Clerk. Rothes said — Heir is ane uther of that same nature from my Lord Galloway. Lowdoun, Tester, Home, went to him, and he spack something before, and we caused put it in writt and sent to him, and he renewed it ; quherein his Lordship declaired that he had subscrived the Confession of Faith, as it was professed in the year 1581, and wishes all the Assembly to make it the rule of all their proceed- ings ; and he shawes that they were all wyld in, se- creatlie, to the Commissioners Chamber, and, being debardit, they subseryvit the proclamation, not knawing what was in it ; but, when Galloway heard it, he would have had his hand from it, and, when he saw that he could not get it back, he was so ex- cessively greeved that he professed he got no sleepe all that night. Then the Earle of Montrois said — That the Earle of Mar had given him Commission to declair to the Assembly, that he had the same meaning in the suliscry ving of the Confession of Faith ; and, quhen tyme was fitt, he would declair it before all the world. Lykewise said the Earle of fliar, he being hardlie pressed to subscryve the proclamation, he refused, and said, he would not declair his Sone a Traitour, who yester night had subscryved the Covenant, and professed to the Marqueis and these who pressed him, that, as long as his blood was hote, he would think Covenanters als honest Men as themselves. Likewise, . Montrois said — That he had Commission from my Lord Napier, to declair to the Assembly, that he had the same meaning in subscryving the, Schort Confession, as it was, first sett doune. Montrois said, further, my Lord Amont would declair the same before the Assembly. The Moderatour said— Though we had not a Nobleman to assist us, our cause were not the worse nor the weiker ; but there is occasion given us to blesse God that they are comeing in dayUe in throngs. . . Then the Moderatour called on the Committie for Peibles. My Lord Burlie answered — Since this charge was layd upon us, to collation the Commission and pro- testation with the Proces, we find no great reason why the election shall not stand good j and for Mr Robert Eliot, we find, in the last article of the pro- ces, that he did clearlie protest, and that upon good reasons. Ane was, that this honourable judicatorie should no wayes be prejudged in the friedome thereof, in case there were any illegalitie or infoi- malitie in the election, and that no place of carp- ing were left to our adversaries ; the next was, he had some scruples in his mynd anent the illegalitie thereof, of which, after conference, he gat satisfac- tion, and is content now to take up his proces ; and quhereas my Lord Thesaurer was pleased to take some offence at this protestation, and he did it now de animo, he is sorie for it, and, if his Lordship were heir present, he would crave his Lordships pardon. Mr Mathew Brisbane said — I think it should be tane notice of, that my Lord Thesaurer was present at the election, and did approve the Ruling Elders, and came there as ane himselfe, and, in the face of the Assen;iblie, pleaded for the Commission. Then the Moderatour called on the Committie for Brechin, who promised to make report to the Assembly to-morrow. Moderatour said — There were, in your hearing, some Committies appoynted for some . materiall poyntes; for considering the Confession of Faith; the Complaint ag' the Prelats ; the Service booke ; the booke of Cannons ; High Commission, and Booke of Ordination ; but it is impossible to examine thir in so short a tyme, and therefore we passe them. Lowdoun said — Please yow Moderatour, we be- gan to looke upon that purpose, being a matter of great importance, and deserved an accurat investi- gation of thinges that did passe, especeallie, not about the Confession of Faith, which was first made and subscryved at that tyme. We went hack, in looking to these registers and Bookes of Assemblies quherein we find the discipline of the Kirk accurate- lie expressed, so that I thiuke, if, in Gods Provi- dence, these Bookes had not bein found, it had bein hard for the Church of Scotlaud; because it is about matters as they wer then presentUe esta- blished and concludit. The seeking out of this and the looldng over of many Acts, tooke a long tyme ; but, on all, we find a great harmonic and cohesione, clearlie set downe, to put out Popperie and Episeopacie. The name is examined ; the Cor- ruptions is examined ; the office is examined ; and their severall considerations tane to many Assem- blies. The Discipline, of long deliberation, is sett downe. The Confession of Faith following, is a confirmation both upon the ane and the uther ; and the ground of thir lies bein the root of many of our proceedings through this Kingdome, especeallie the renewing of the Confession of the same oath first [framed], which I hope will give satisfaction to all men who could not weill understand it before, when they shall take knowledge of thir bookes. We dar not now give out our judgement fuUie ; hut we will goe on in consideration, to satisfie yow all, and we crave your patience to acquyet yourselfes in it. It must have long tyme ; for matters of so great im- portance cannot be done but accnratelie, lor every mans satisfaction. 1638.] KIRK OF SCOTLAND. ]53 The Moderatour said — It were better not to touteh it at all then not to handle it accuratelie and solidlie ; yet we allow not the Cominitties for de- termination of any thing, but only to prepair mat- ters for the Assembly their judgement, and if need be, tyme may be prorogat further to them. Lowdoun said — God, the Father of light, give light unto it, for it must he the rule of all our pro- ceedings. The names of the Committie for the Prelats called upon for their Complaints. Mr Robert Murray said— That the Complaint against every particular Prelat behoved to be tryed, and therefore desyred the Moderatour to intimat to the Assembly, and, if any had information against any particular Dioeesian Prelat, that they would give it in to the Committie. Then the Committie for the Billes were called on. Mr David Lindsay answered — We have discussed some particular Billes that came before us, and we conceave this ; that where the caus is weightie and the proces red, we think it good that Sumraonds be directed both for the Fairties and witnesses. There be uthers against whom there is no formall proces, and it will be Weill done to heare the judgement of the Assembly anent these. Moderatour said — There be two sortes of pro- cesses : ane sort are these which are closed alreadie before the particular Judicatories ; I raeane the Presbitries from whence the Pairtie are complained upon, who have heard the witnesses and set downe their deposition ; and nothing left to the Assembly but to pronounce their Sentence. These may come in pertinentlie before the Assemblie. But for uther proceses that are not concludit, and witnesses not heard, but to be heard, before the Assembly con- sider whether it be more expedient to sehd cita- tions to the Pairtie and witnesses to compeir before the Assembly, or if they shall be remitted to their Presbitries, or the next adjacent Presbitrie, as having Commission from the General! Assembly to put a finall conclusion to them, and report it to the next Generall Assembly. The question was moved concerning Doctor Ha- miltons proces, whether it should be heir agitat or remitted to the Presbitrie, in respect that the Pres- bitrie had refused proces alreadie, and it was re- ported that he would goe shortlie out of the Coun- trie ? And therefore it was concludit to be decydit by the Assembly. The Moderatour said — Lett us come to the third Committee concerning the Service Bookes, Can- nons, and High Commission. Mr Andrew Ramsay answered — It is a toylesome taske— a Papall Service Booke, anti-Christian con- stitutions, and a superstitious Booke of ordinations — and will take us eight dayes at the least. Moderatour said — Ye would consider that ye are not to dispute against ane adversarie, but to make such abridgement of the errours therein contained, as may be seine to such a grave Assem- bly. [ Complaints against Prelates. ] Moderatour said — Ye knaw there be some Com- plaints against the Prelats, common against them all — some of them more personal! against Pointes of Doctrine and Conversation : As, for example, there is a transgression of these Caveats, and limita- tions put upon them by the Generall Assemblie when they wer first admitted to volt in parliament. Matters of this kind will be so notour as the Assem- bly at the reading of the processes, that we will not need great probation ; and therefore the Commit- ties neids not to trouble themselves but in poyntes of doctrine. Then were the Caveats red. The Moderatour said — I would wish that uther some of them or all of them had been heir to answer for themselves, and some of them objected, and spe- ciallie Doctor Lindsay, that these Caveats were put upon them, but Assemblies had lowsedtheni. The Bishop of Sanct Androwes, in a Booke which he calls "The Refutation of a litle booke anent the Government of the Kirk of Scotland," giving ane answer to that that is against their booke of the Caveats : he says they never had a purpose to keip them, but only to delyver them from the conten- tions of turbulent men. This is not red that ye should give out definit sentence till the whole com- plaint be considered by these to whose consideration it is presented ; but there may be an abridgement of the Caveats, and particular transgressions of them drawn up. The Shirreff of Teviotdaile [said]_TIiat these transgressions, many of them be notour to us, yet not to strangers, to whom the relation of our pro- ceedings shall come ; therefore it is necessar all to be proven. Moderatour said — It is objected be these that wrote that litle booke of the Government of the Kirk of Scotland, which was sent over to Holland at what tyme the Synod of Dort was sitting, for weightie Causes and considerations, to prevent evills that might have come in in the Kirk of God : It is said in that booke, that when they went forward, there was protestations used against them. He answered, what protestation they meaned I cannot tell, but for that Covenant wherein they please themselves so much, it was rashly and unadvisedly forged by braine-sicke men, to the destruction of the Iving and republict, and to the mocking of God ; therefore God hes recompensed them with shame and ane unhappie success of all their interpryses. Then answered ane Mr Law — That he saw him snbscryve that Covenant that he had so traduced. Then some said that things alleadged against the Prelats which seemed most evident iieided not to be proven. Moderatour said — Abundantia juris non nocet ; and it is necessar when a nation or Kirk would make it manifest to the world the lawfulness of their proceedmgs, though it were never so notour to themselves. Moderatour said — We have not farder to doe till the Committies have tane paines and presented their labours to the Assembly. For the present ye see they are relaxed from that limitation in the Assembly holden at Linlithgow 1606 and 1608, and at Glasgow 1610. There are something heir in a paper given in to be considered by the Assembly, concerning these forsaids Assemblies, together with the Assemblies at Aberdeine 1616, at S' Androwes 1617, at Perth 1618. These are the speceall As- semblies they trust into, and these are the Assem- blies that hes wrought this Kirk meikle woe. It is not unfitt for yew to heare them in the minutes of the proceedings in the Assembly 1616. The Bishop of S' Androwes changed the Acts with his awne hand on the margine, deleiting and adding acts quhereof some wer against Papists. The band writt was seeue by severall of the Assembly, who constantlie affirmed, on hazard on their life, that it was his hand. Some declaired that when the Bishop of Murray said to ane uther of the bishops, " we will tyne the field," he answered, " I shall devyce a vyce — we shall give idle Ministers ane war- rand ;" and so they sent for the number of 36, that 154 RECORDS OF THE [1638. were not Commissioners, and delt w* them for their voices ; and they put out Commissioners whom they suspected and put uthers in their places, and sun- drie that were Commissioners were not called on, and the Moderatour said in face of the Assemblie, " I will committ twenty prejudices to please the King." Mr David Dalgleishe said — There was neither booke nor Bible opened ; but the Kings Letter was read at everie Sessioun immediatlie before the voit- ing ; and in the tyme of the voiting, "Waughtoun said they sett doune the names of some who came away from that Assembly, quhereof I was ane. Mr James Bonar said — He called on all these first that he knew would roite with them, for he had a croce upon all their names, and lykewayes he said that a number of voites should, not doe the turne, for these articles should be proclaimed at the Croce by sound of trumpet. Mr James Cunninghame said — When I desyred Zancheus to be produced for a testimonie, all the Bishops saidthe King was more learned than ten thousand Zancheus ; and he threatened continuallie with banishment, imprisonment, and deprivation ; and they put all their names together whom they knew would volte for them, and resolved to gar them goe all in a hurle together, quhilk they did quiiill Mr John Martine turned the chase, and this they did to weaken the hands of many. The Moderatour said- — There would be a Com- mittie appointed for the considering of these As- semblants, for it is a poynt of no small importance. The names of the Committie — Earle of Home, Lords Sinclare, Yester, Bahnerino, Coupar, Cranstoun. George Gordoune, Mr Thomas Ker, Lamington, Barclay, James Sword, George Jamesone, Thomas Durie, Andrew Baird, Mr John Robisone, John Maitland, Mr James Scharpe, Richard Ingles, Gilbert Murray, W" M'Kenzie, John Rae, John Robertsone, John Ker. Sessio 10 Primo Decembris 1638. After prayer, the Moderatour said — Ye know a great pairte of these affaires to be agitat this day, was committed to some worthie men upon a Com- mittie, to be presented to your view — such as the Confession of Faith, the Complaint against the Preiats, the matters of the Service Booke, the .aucto- ritie, or null auctoritie of the Assemblies ; and we tooke this little tyme to heare some particular com- plaints against some ministers, especiallie these who have their proces closed alreadie, in a manner, and uotliing left but the sentence and determination of the Assembly ; for they must be viewed by you. We should do nothing without a warrand ; and I doubt not but ye are better acquainted with the warrand and ground of our proceedings nor I can expresse. Ye knowe there is no familie, nor hous, nor republick — no citie, no Idngdome, or corpora- tion — nor any humane societie, that can subsist without order ; and, in the midst of the world, where the DiveU is opposing, and corruption mighti- lie working, we may be assured that the integritie of the Word of God cannot stand without Gflvern- meut and ecciesiasticall discipline. Our Lord gives it the name of the Keyes of the kingdome of Heaven^ — a glorious name, indeed ; and the Apostle, I. Cor. 5., caKs it a power committed to the Kirk, not for destruction, but for edification. In the nature of it, it is not so much magisterial! as miuisteriall power ; and, though the power be great it is principally in his hand who is Lord and Maste of the house — ^the Son of God, who hes absolute power ; and we are but his ministers and servants. Ye know it is requyred in a servand, and especiallie in a steward, (and we are called stewards and dis- pensatoures of the misteries of God,) that they be found faithfull. We must stryve to approve our selves in the Masters sight, who is sett over the house. The power committed to us is very great, if we consider the eifects of it. Mathew, ch. 18. the effects of it are set downe. If we proceed in senteuceing of a. man, especiallie if we goe on that far as to excommunicat him, he against whom the sentence is pronouncit, is counted a pubUcan ; or, if ye looke the Apostles word — more : he is given over to the hands of the Divell : he is put out of the Kirk ; and, although it be horrible to think on such a thing, yet the fruites of it are sweet — ^for God heirby is glorified ; for surelie, in despyte of the world and the Divell, he will be sanctified of these that drawes neare him. The terrible example of Nadab and Abihu is a sufficient document of this. Ye know the Word and the Sacraments are holy and sufficient raeanes to convey grace. They should be purged of inventions that men hes put upon them ; and sicklyke that Gods house should be purged of scandall and leaven, and these also against whom the sentence passes, if they be not in a damnable caise and incorrigible, it serves for the subdueing of the fleshe and wakening of the spiiit — if there be any such distinction to be made between the fleshe and spirit. This is the last and most extreame remedieto subdue the fleshe and waken the spirit. So it is necessar, that we now assembled in Christs name, so solemnlie and so weUl warranted, goe on with auctoritie ; for, though we be weake and unworthie instruments, we must consider what keyes he put in our hands, that hes the keyes of the house of David, that shutts and no man opens, that opens and no man shutts. I may give you assurance, in the name of our Lord, that if we goe on as we are warrandit by Him, without partialitie and respect to men, but having respect to the hon- our of God and weilfair of this Kirk — ^if we goe on with sentence and excommunication, that which we doe on earth he shall ratifie in Heaven, and we shall be all witnesses that he shall ratifie the same. If there be any of the particular Complaints that are to be given in, let them be presented heir, to be red be the Clerk. Mr David Lindsay said — We have met, and thir processes which are deducit and concludit we have sent the formalitie ; and such as we produce heir, according to our judgment, are of weightie causes, and formerlie deduced. Uthers complaints are considerit by us, and we have advysed and tane this course, only to ad\-j-se them before what judicatorie they shall not intend proces ; and if the Presbitries where they dwell be competent judica- tories, let them goe to them ; and if not, let uther Presbitries be joyned to them. Heir is ane proces against Mr David Mitchell. [Case of Mr David Mitchell.;\ Moderatour siiid— We should have heard truelie with regrait of their persons — yea with joy when we see the Lord putting to his hand to purge his awue house. Then was the proces red against Mr David Mit- chell. Then Mr Henry RoUock said— It mav be thought that he should now have spoken more of that kynd; but truelie, till the last day of his suspension, he 1638.] KIRK OF SCOTLAND. 155 was liussie therein ; and some pointes of doctrine came to our knowledge after the proces was closed — namely, that it was ane abasement for kings to be subject to the Word of God ; and when he wrote to us, he carried so much neglect to us, that he called us not brethren of the Presbitrie, but breth- ren of the Exei'cise of the said judieatorie — alluding it was nomine tenus non re. Lykewise he hes de- clyned the Assembly ; but, indeed, it wer a pittie of him, for utherwayes he hes good partes. Kothes said — ^^Bellermine had good partes ; but he would be ane evill Minister for the Kirk of Scotland. The Moderatour said — There are two sortes of Arminianisme. One is that which hes troubled the Low Countries, and hath spred itselfe so farr, and that is nothing but the way to Socinianisme, and Socinianismus inchoatus is Arminianismus conso- eiatus. Certainlie no man that will consider aright of the poyntes of Arminianisme, but he will see more nor the seids and grossnesse of Socinianisme. There is ane uther Arminianisme mentioned by some in England, and uthers in Scotland, and that runs in ane uther way — it runs to Papistrie, and is inchoatus Papismus ; and if ye consider this, how our doctrine, and the particulars of our Confession of Faith, taught by the Ministers of the Kirk of Scotland since the Reformation, how thir pointes began to be depraved by Arminianisme, and poyntes of Poperie, joyned with their poyntes of Arminian- isme, and next consider how that the exteruall worship of God was in changeing by the Service Booke, I see nothing deficient for the whole bodie of Poperie but the Pope himselfe — Convertion of a Sinner — universalitie of the matters of Christs death — ^justification by workes — ^falling away of the saints ; and then, if we had receaved the Service Booke, what difference had beene 'twixt the Ro- mane faith and ours, if we had subjected ourselfes to the Pope ? I say it, that we may aelcnowledge the goodnes of God that hes thought good to visite us thus with so sensible an opportunitie, that if we had gone on, our case had bein so desperat and miserable, that none of us can conceave : but great is the Lords mercie ; and we have all of us reason to make good use of this good occasion, quherin sick evills may be prevented in tyme. We heard the proces, and we desyre not to proceed to the sentence this day ; but we wUl heare the judgement of the brethren. Then was Mr David Mitchell called upon. The Moderatour said — We have to consider that this Kirk hes not been acquainted with Censures of that kind, blessed be God ! Howsoever, there hes bein a, great and lamentable schisme in this Kirk these many yeares, yet few poyntes of heresie could be objected against any of this Church who were verie free of it before ; therefore no marvell is that we Ministers and Elders be not so throughhe acquainted with their differences as utherwayes we would have bein : but since the matter is gone so farr on, and corruptions are vented so braid and wyde in this land, it were meet we were acquainted with them that we may discerne betwixt trueth and errour, light and darknes ; and if it seeme conven- ient to the Assembly, it is good that some Ministers that are best able make some discourse Of this mat- ter, especiallie to shaw what we hold with the reformed Kirkes, which hath beene so publictUe contradicted by thir preachours, and how their tenets contradicts our tenets as the reformed Ku-kes. I know there is ane uther proces against some uthers in Schooles of Divinitie that hes the same poyntes, and uthers preachours lykewayes, and it would seeme to have beene done of purpose, and that they are all joyned in ane combination together for venting such poyntes of doctrine ; for there is come doune some poyntes from England, which were holdiu to be the tenets of a great learned man, and thir preacliers seemes to be his schollers. Tlien said the Moderatour — Let us heare some moe two or thrie Billes. Then there was red against Doctor Panter, Master of the New CoUedge of S' Androwes, con- taining many erroneous and Papistieall poynts of doctrine. Then there was read a proces against Mr Alex'' Gledstanes, Minister of S' Androwes. Then the Committie for Din and Carnaigies Commission was called. Mr James Bonar said — If we find that if the last election had not interveened, the first liad beene good ; and if the first had not proceedit, the last had bein good. Tlie first wants ane act of the Presbitrie and their Subscription, and so it wants the forraall poynt but gives commission ; and the uther hath proceedit from ane desyre to be electit. The Moderatour said — It were les prejudice to want the voices of them'both, then to doe any tiling that may prejudge tlie Assembly afterward. After lang controversie to and fro about this par- ticular, the rows were called, and the Assembly voited that neither of them should have voite. Sess. 11 3 Dec' 1638. After prayer made by the Moderatour, My Lord Argyle said — Ye remember heir I made protestation that nothing might be done that might seeme to wrong Soveraigne auctoritie ; for albeit I be not a Member of this Assembly, yet I have leive to represent my opinion ; and truelie I will say, I know no better way for you then every way to cary yourselves modestlie, keeping all dutie and respect to whom it is due. And I remember of a good passadge — si iacitus possit corvus, &c. — therefore my humble desyre to you all, and especiallie to the Ministerie, is, that ye be very spairing to meddle with the Kings power and auctoritie — not that I suspect any, but that I hope all knowes what is ray meaning. They are wise I hope who are entrusted in this worke, and knowes what is their duetie to a good and graceous King ; and I trust our Master will be wise in his commands, and so there will be the lesse neid to meddle with any thing of this kind ; therefore take this advertisement from me, least any sclander be layd on this bussines. I am very spair- ing to insist ; but what I have said it is out of aftection to the cans. Moderatour said — We are obleist to the goodnes and providence of our God that hes given unto us so wise and honourable a Member to sitt heir to give tymous advertisement concerning our duetie — perhaps rather to prevent that which might ensue nor to censure any thing that is done ; and surelie we ought to consider, that, altho' the Kirk of Christ, especiallie assembled in ane counsell and such ane Assembly as this, hath very great power, yet they should very weill observe the limits of their power ; for, first, altho' we have power to judge betwixt true and false doctrine — altho' we have power also to consider the mater of the Sacraments — the sealles of the doctrine of the life and manners of men throughout the kingdome, and of the maters of the Policie of the Government of the Kirke — ^yet our power is not autocratistical but ministerial and eub- ordinat, and ought to give the Lord his owne sove- raignitie annexed to him, and to give every one their owne place. Let the Lord have the first 156 Records of the [1638. place — we win not give ,his glorie to another ; and let Caesars have their owne places. And' surelie he thocht I spack very distinctlie of this purpose that said — " God or his Spirit, speiildng in Scripture, is the judge, and that the Kirk is, not judge 'but index, and that the Cliristian Malgisirat is Vindex ; and so give every one his owne place." The judge- naent of Soveraigntie and absolute jurisdiction be- longs to God ; and this is that great Soveraigntie which must keepe us in the right way, without the which our silUe witts would wander in the hypaths of errour. Since it hath pleased Him to manifest his will in his word as if he were among us and ive heare liis voyce, we should stryve to decerne his voyce, and governe our proceedings thereby. Next for the Magistral — he is the keeper of hoth the Tables, and ane avenger of the breakers of both ; and we are not to judge so uncharitablie and so uoreverentlie of our superiors^ especiallie of him who is in the highest place above us, that he will usurpe any thing propper to the Lord, who is only absolute Soveraigne. It becomes us to content ourselves with the interpretation of Scripture, or with the indications of it as that word which I alreadie used imports ; and for that which my noble Lord hes bein speaking, it becomes us to think reverentlie and speake modestUe of superior powers ; and I am sure there is no subject but they will be more carefuU to take held to their words and wayes both in pulpils and other places, nor if the Kings Majestic were present himselfe. I remember of ane example of ane worthie man in this Kirk who did oftentymcs preach in the presence of King James ; and when the King was absent he alwayes spacke with greater reverence, and recommended subjectione and loyaltie to all subjects; but when he was present, he told him all that he heard of him ; and I wish all of us would carry us so ; and altho' his plape or his Commission be emptie, let ua thinke and speake as if one of them were into it ; let us carry ourselves as in the sight of God and of our Consciences which are both ane ; for seeking the approbation of a good Conscience we approve ourselves to God, and next in his Majesties sight ; and we need not thinke that the wordes that are spoken heir will [not] be caried to him with a worse sense put on it. If his Majesties Commissioner wer heir present there neidit no report ; but since it comes to passe that things are made worse, we have so much the more to take heid to ourselves : and I hope of the Spirite of Wisdome and Pietie, which teaches all loyaltie and subjection to superiour powers, shall so direct us as there shall be no caus to censure auy man justlie. You remember, right reverend and weil-be- loved, there ware some thing spoken heir be oc- casions of a particular complaint given in against Mr David Mitchell, for mentaining poynts of Ar- minianisme ; and we desyred ane of our reverend brethren to speak somewhat for refutation of that errour. [Arminianism discussed.] Then Mr David [Dick] raise and spack as fol- lowes: — The taske is large, the tytne is short; therefore I will sett myselff to as little tyme as I can ; only I would have this preface in the begin- ning, that we would all labour to have errours in als great detestation as any corporall vyce ; arid doubt- lesse, if our eyes were open to see the bewtie pt trueth and the good fruites of it, and to see the vyldnes of errours, and the fearful! consequences of it, we would need no exhortatioun of this sort. For the preaching of errour iS like the selling of poysoaed Pestied bread, that slays the eater of it, and infects with the breath every man that comes ueir hand ; and albeit the Lord hath brought in wholesome food in his house, and hes held his table long covered, yet the malice of Satlian, and the bussines of the Pope to recover his Kingdome, and the dalliance of worldlie men, hes sett instruments on foot to trouble our Church againe ; and God, in his deep wisdome and j ustice, hes suffered the matter to goe that farr on, that we might see what a fearful! sin it was to put the Iceyes of the house of God in wrong hands, and wliat evil freiclis,. errours in discipline would bring foorth, and also that he might punische the unsanctified and proud witts of men that would take upon tliem to governe his Kirk, as also he would have these ministers in tliis land corrected for their negligence who are like the rest of the oountrie, who thinkes of armes whilst they are in peace. So have we done. In tjTne of peace, we were all secure, and dreamed not of straites, and studied for no more but to get ane sermone in the week ; yet blessed be our God, who hes alse many painfull and faithfull servands as will be sufficient to cleare his trueth of his Kirk against all that will say the contrair. By the power of Jesus, I will take up my spea,ch in thir heads. First, I will lay out their errors in 4 heads ; Secondlie, I will lay out our doctrine in nther 4 ; then, Thirdlie, I will lay out before you the cuUours they use instead of probation ; Fonrthlie, then I will lay before you some maine reasons which are the cause and ground of all the errours, and the grounds whereupon the dispute runs wrong on their syde ; then I will shaw you the bulwark wherein our strenth stands ; Lastlie, I will answer some objections, a,nd so close. For the trueth of our doctrine, I will content myselfe with a place or two, and is in the hinder end of the 52 Isai, and 6 of John, 29' v'% which i^ sufficient for a confirmation of our all doctrine against all Arminians. (1) For the first. The Arminians they grant ane election; but such a ane as makes man to be a chooser of God, and not God to be chooser of man, that by their course God shall choose a man 20 tymes, and refuse him or reprobat him 21 tymes, and the man to goe to hell in the hinder end. (2) For the death of Christ they make a great bussines for it, as if they were the only men that knew to extend the worth of it ; but it comes home to this : — Christ layes doune his blood, and bnyes no waires hot a possibilitie of some mans salvation — that is to say, they extend his death in drawing on of a bargane betwixt God and man, to put man in the termes that Adam fell into, that man may take a new essay of himselfe, by the force of univer- sall grace, to hold his feet where Adam fell. (3) There is concerning mans conversion, where- in they would seeme to plead for themselves, that they are seeking no more but to make man to be no stock nor block, and if they had no further, we should easillie grant that he were not a stock in his conversion ; but he is a quick divell, and when it comes to the upwith, heir doe they schoot to put all the matters in mans awue hand, that God shall be the giver of abilitie to convert by giving the man a power of frie will, but the man shall have the glorie to turrie himselfe to God or receave grace. (4) For the last and fourth poynt ; they sever poor simple man, and setts him alone with the staff of his frie will tottering in his hand, and the Divell, the world, and sin tempting him ; and then they dispute with him, saying, that there is no assurance of perseverencop and that the saints may fall away and all the rest of it, while, as they should joyne all 1638.] KIRK OF SCOTLAND. 157 his helpea with all his hinderanoes, and should put him in the hand of ane cautioner and guyd to teach him and correct him, and raise him up when he is fallen. These being their four errors, I oppose to them the doctrine of the Kirk of Scotland, whereof we may all thinke good the day, and thank God most heartilie for it ; and seeing I have gotten leeve to speake, I blesse God in Jesus Christ our Lord, that evir looked upon the Kirk of Scotland, to give us a doctrine that will not suffer itselfif to be disgraced by errors or false doctrine, but will take the place of it in the hands of weake Ministers who will not boast of their learning, but whose glorie is simple trueth ; and in that we will glorie more nor in all the learning in the world, finding ourselves guarded against all the Scribes and disputers of the world, since they have the trueth of Christ in simplicitie according to the word. 1. We give this for our doctrine out of the word of God — That there is a number severed out, in Gods speceall purpose, from the race of mankind, and advanced .ibove the state of nature, to the estate of Grace and Glorie, by a speceall designation, and that for no foirseene good workes in the man, but for his free Grace and good purpose who helped to make the man, then to, put the s.iule iu him, and then to put such and such graces in his saule, and restoir what was fallen in him, and so make him doe good workes. This ground is clear from Scrip- ture. Ye know he will have mercie on whom he will, and whom he will he hardnes ; for he is a Sove- raigne Lord, and, of his owne workmanship, he can advance ane pairt higher of it then ane uther, and doe no wrang to the rest. 2. For the matter of Christs purchase by his death, we teatch that our Lord made no blind blocke, but wist weill what he bought, as the Father wist what he sold ; and had his scheepe before liis eyes and was content to lay doune his lyfe for them ; all thinges that belonges to lyfe and Salvation he layd dounesueh a pryce to the Father, and deolaired, by a voice from Heaven, that he was pleased with it — " This is my beloved Sune." 3. For conversion we say, that how quicke, how reasonable soever a man is in the houre of his con- version, considering him as he is, a naturall man and so wicked in himselff, that there is so much power in the Gospell of Grace, the Spirit of God concurring therewith, that he is able, not onlie mor- allia to perswade and convince the man, but effec- tuallie to induce the mynd of him — keeping hiraselfe still in a freedome of will, that most wilUuglie and frielie makes the man turne unto God, and to take his Mediator and God in his armes, who before was in the armes of Sathan. 4. For the fourth we say, that, albeit it is true there is nothing vainer nor man — nothing lighter than he — he being laid in the balance, and nothing fickler nor he, for at his best estate lie is altogether vanitie — yet He that lies bought himdeare will never leave him nor forsake him. That man that he hes begun to take be the heart, and to speake to as he uses to doe to these quhom he setts his mynd upon and calls according to his purpose, he so admonishes him, reproves him, corrects him, and causes him to eat the fruit of his owne wayes in cace he deborred, that he ciiuses him cast all consolations from him- selfe — from men — from the world — from sin — aud makes him faine to creipe in under his Lords winges, and bringes him through all doubts, and rubbs dif- ficulties and temptations, and never leaves him till he sett him before his Master and Lord. Now, their pullours are chieflie thrie— first, from Scriptures, rent ane of them from ane uther, as if there were no Scripture but that text quliilk they would seeme to prove their errours by, quhich text of theirs being compaired with uthers, is our doc- trine ; , and by soe doeing- they deale lyke sophists rather then telling the mynd of the Spirit of God, who tells not all his mynd in ane sentence, but must be waited on till he tell his last word ; aud reason it be so — as, for example, when the matter of mans salvation and conversion is spokeu of, to say the Lord sweares he loves not the death of a sinner, and we oppose to them ane uther Scripture, tliat he laughed at the destruction of the wicked ; where they take the ane place and not the uther, and takes not that quhilk agries with — but he re- joyces at their destruction — not as it is a destruc- tione of the creature : but when man wilfuUie rejects grace and mercie and scornes God, it is righteous w' God to rejoyce iu his destruction when the man will not rejoyce in his mercie. Ane other of their cullours is a number of calum- nies of our doctrine, where before the ignorant and unlearned, that understands not what we teache, they seeme to speake to them with some face, as if our doctrine did open a doore to sin ; whereas how- soever as in other professions there are too many prophane among them, if all of them be not so, yet amongst us, the doctrine is not such that if any man be prophane or abuse the trueth that is spocken, he beares the blame liimselfe and not the Lord. Their third cuUour is plausable humane reasones and discourse, drawen from the corrupt judgement of unsanctiAed men — as if men wer to sitt downe and lay the platforme of his owne Salvation, and not to leave it to the Word and to the Lord ; but humane reasone shall prove a foole when it comes to the contrare of these two. The grounds of their mistaking are thir — 1. That they confound the decreet of God concerning the last end of man with the manor of the executiones of the decrie of the meanes : as, for example, they draw all tlieir objections from the matter of Gods treating with the Visible Church, wherein God takes up the ridle and self and fyne of his promise and commandments, tlireatenings, and conditional! of- fices, and sifts out the man that is his owne, and leaves the rest unexcusable. They draw out a decreit of this, as if God had been unresolved when he began to speake conditionalUe to man — as if there had beine no more determinat concerning the man he had a purpose unto, nor the preacher that must speake to every ane of his auditourg ; and this error drawes verie deepe, for they make Gods de- creit, reducit according to his frie will, layes Gods decreit by, whill man falles in his lappe, and so makes God resigne his Soverainitie, whill the end of the world they make man goe and God to stand by : for man will guyde the matter of his salvation by his frie will, and so they make God a spectator or a furnisher of directions only as he is called by the mans frie will. God comes in at frie-wilk back and furnishes directions, and frie-will deter- mines ; and so they give a Godhead to frie-will, and makes God resigne his Soveraignitie quhill doomsday, and only now coming in at the back of free-will, follpwing the designationes of man. Ane uther reason of theirs is this — that they ex- tend the death of Christ only to a possibllitie of the salvation of all men, and to the possibilitie of the salvation of no man — making Christs death to have the oune operation sufficienthe, if Christ facilitat the way betwixt, God and man; howbeit, Christ never got a man saved nor ever eat the fruit of his lahoures, whereas our Lord was never so evUl a 158 RECORDS OF THE fl638. Mercliand as to lay downe his lyfe, and never will therefore, nor sick a foole as to make a bargane "whilk might be suspended by mans fickle frie-will, who hes that much prudence that he forsee a losse or danger he will governe it. A third errour is this — That they think Gods effectuall working in the conversion of man cannot subsist with the reservation of the nature of his owne frie-will, even as if the saints in Heaven, and the spirits that are perfyted, and Jesus Christ our Lord, in his manhead, had never done, nor could never doe, a turne but of necessitie, and nothing of frie-will ; for, except they got this soveraiguitie to mans frie-will, if the ^vill of God overrule him, and determine him to doe good, presentlie they cry out, he's destroyed the mans frie-will ; as when a man preaches morallie to ane anditour, leaving nothing undone to persuad them by his word, he hes left their freedome never a straw the less. ■ According to the Popish and Arminian grounds, the man being left standing his alone, he must fall away from Grace ; for sure Christ hes done all that can be done by a Mediatour, and then only stand besyde as a spectator (as they say.) I wonder no- thing that they speake of perseverance as they doe ; for if the world were left to us our alone, we would fall in the myre ; whereas, in the perseverance of the Saints, the man and the master goes togither — the debtor and the cautioner goes togither — the captaine and the souldiour goes togither — Christ and the man never sheds ; and howsoever we grant that without Christ we can doe nothing, and that if there were no more nor our strength, all would goe wrong ; yet, with Christ, we are able to doe all things, and bring any thing about that he is to im- ploy us in. Thair maine errour is this, (let me speake it with reverence towards your learning) — not knowing the Scriptures, and the power of God in the matter of the Covenant of redemption betwixt God and Christ ; yet there is enough of it in the Scripture. They pointed at it themselves, which, if they should have followed, they might sein all their matter in the midst ; for the Covenant of Salvation betwixt God and man is ane thing, and the Covenant of Redemption betwixt God and Christ is ane uther thing. The Covenant betwixt God and Christ was done and endit before ever there was a word of it in the world ; but the Covenant betwixt God and man is by the meanes of the Mediator, which makes all sufficient, and he is our strenth and bulwarke ; and when all their objections are made, we steppe to our Magna Charta, and where we can get any gripping we hold it fast, to wit — the Articles of a Superior Covenant made by Jesus Christ, our Me- diator and Advocat, in which there are articles con- tradictorle to all Arminians, that so there shall be no more possibilitie of the breaking of these Arti- cles, nor of garring God and Christ faill. "When an end of a bridge falles, the uther must fall with it ; so when our frie-will is the ane end, and Christ the uther, then must it stand ; and heir, I say, is our bulwarke. /Their generall objections are three. The first is, that our doctrine is not good, for we terrifie them, telling them that God has a speciall election and speciall reprobation ; and our doctrine, say they, is not good for tender consciences that are converted. We desyre no better answer for the tyme, nor retort their objections back againe upon them ; and we say that their doctrine is not good for Conversion, becaus they keepe the man un- humble and unpenetent. They never gar a man say, " I have no strenth nor abilitie to doe any good to my selfe — Lord amend me !" But they keepe a man from denying himselfe, and how shall follow Christ ? But our doctrine layes man in the dust, and garres him peepe of it : and so our doc- trine for conversion is very fit t ; and if our doctrine prevaile that farr with any man as to garr him grant that he hes nothing, then presentlie our Lord keepes him, and gives Grace to that unworthie bodie. Every man that takes with his sinfiilness, our doctrine puUes that man in the armes of it. I say more : our'doetrine drawes any man fra that — " I will not be saved albeit God bid me," but garres him either come to a note, or professe himselfe to be hypocrite ; and for these that are tender and weake, he caries the matter so, that he will not breake the bruised reid, if he grant he hes inlaiked and would be helped of yow, but if (a wouldbehelped) he keepes him, and proppes him up on all hands. Upon the uther hand, our doctrine will not let a man lay his platt upon Heaven : that is, not in the way to it. It will not let him say he is a believer, except he be labouring to worke by love, and expres his faith be his obedience ; and we retort this upon them, for they say it is in the mans power, when, how, and in what measure he will determine what he pleases ; and so a man may say, " I am young, and I may delay till death comes, for it will come not so soone but I will get halfe an houres advertise- ment ;" and so their doctrine opens a doore to sin- ning rather then ours. Now for the grounds. Looke what the Scripture sayes for us, and that will settle the bussines. The last pairt of the 52 Chap. Esai — " Behold my ser- vand shall deale prudentlie ; he shall be exalted and extolled, and be very high." There Christ is called the Fathers servand, becaus he was designed to take on our nature, and to bring in the Elect Children. It is said of him, that he shall deale prudentlie — ^he shall keepe up the doctrine of electione and repro- bation, so that never man shall get the doore dung in his schafts that would be in, but does good to all, to the kind and to the unkynd, and layes no stum- bling blocke before them that perisches. No man shall ken the reprobation of any ; but election shall have many markes, whereby the man may climb up to the Palace, and by tyme read his name in the Booke of Lyfe. How will this matter be brought about, bis visage was so marred more nor any man ? They say that indeed Christ will get a bleeked face by the gate ; and he get this done, he must waide the glarre myre of our sins and the punishment thereof. Ou^ Lord got his visage marred; but what will be uncertaine of recompence ? This it was told him 5000 yeares agoe, that he should be exalted, extolled, and be very high, and tha,t kings should speir for him. Take yow all good heart. The caus that we are about the day. Kings shall speir for it, and shall be forced to heare it in due tyme, byChristswise bringing about the matter ; and becaus men would thinke this universall, he tells in the beginning of the next chapter that it was for none but these to whom the Lords arme is rereilled. The reasons wherefore the reprobates would not believe : — he tells us there are some wicked persons, who, tho all the miseries were before them, and wer dealt with by never so many arguments to turne from their former wickednes, yet they will not leave their owne wayes, but wilfullie choyse the wayes of death of their owne accord. And (John 6) our Master telles — " All that the Father hes given to me shall come to me ; and they that comes to me I will not cast out, but will raise them up at the last day." He must keepe not only your soules but your bodies, yea, and your very dust, and shall 1638,] KIRK OF SCOTLAND. 159 never be tane aff the hand of the Sone of God till he render up the Kingdomo to the Father. Now I will close my Speache. By all meanea lett Christs parte in the Scripture, and the thingea that concernes his kingdome and persone be better studied by us ; lett this Covenant, made betwixt God and Christ, and betwixt God and us through Christ, be better studied ; for since the whole Byble takes the denomination from this Covenant, it is recommended to us to studie it letter, where ye see our Lord hes tane course to make all tliinges fast, and hes so wisolie expressed in the Scripture, that no man shall have leave to presume to despair, to be profane or abuse the doctrine of Grace upon any just ground. Now for the theses. They shall be given in write ryplie at a convenient tyme. 1 . There is a Covenant of redemption betwixt God and the Mediatour Christ, preceiding the Cove- nant of Grace and Salvation made betwixt God and the faithfull Man through Christ, which is the - ground of all this treating that God hes with Man in the preaching of the Gospell. 2. In this Covenant of redemption betwixt God and the second persone, designed Mediatour be- twixt God and Man, the elect wer designed and condescendit particularlie upon their number and names, with their gifts and graces of grace and glorie to be bestowed upon them, and the tyme and meanes to bestow it, was all condescendit and agried upon. 3. The pryce of the redemption, what and how much should be payit by the Redeemer for the pur- chase of all these giifts, how lang he should be holden captive of death, &c., all was determined. 4. The Mediatour was made sure of sueces be- fore he pat hand to the making of the world ; and all the elect were given to him and their salvation put in his hand, with all power in heaven and earth given to him to bring it to passe ; and so he is sure to find out the man to pursuade and convert, to lead him through toutches and temptations, through fears and falls, till he bring him to peace ; and this refuge of the soule is a sufficient post against all Arminians doubts. 5. He manadges this matter in the dispensation of the Gospell so wiselie, as it gives no man any reasonable ground either to presume of Gods mercie or to despair of Gods grace ; he tempers it so that the holiest man shall have no matter of comfort except he walke in the way of holinesse, and the wickedest man shall not be put out of hopes but to be receaved whensoever he will turue in to seeke Grace, and lyfe, and holiness in Jesus. Then Mr Andrew Ramsay was desyred by the Moderatour to speake somewhat of that subject. Mr Androw said — I have nothing premeditat ; but this shortlie, ex tempore. The question betwixt us and the Arminians are thlr — 1. Whether our sal- vation runs upon the hingers of our owne will or upon Gods grace ? Our salvation is considered in five respects — 1. As it is ordained; 2. As it is purchased ; 3. As it is offered ; 4. As it is applyed ; 5. As it is perfyted. First, as it is ordained, it depends on God, ac- cording as he forsaw mans warkes, (as they say,) and swa to depend on mans will. Some, he saw their warkes would be good, and he choosed them ; some he saw their warkes to be evill, and he re- jected them ; and so they make the first original! chartour to depend on mans will, salvation being ordained. 2. Then it is considered as purchased, either actualUe or potentiallie ; potentiallie, as Christ died for all ; effectuallie, as it depends on our will ; actu- allie, he died for all. Who would receave his grace should be receaved, and who rejected should be damned. 3. As it is offered by God or accepted by us, it depends on mans will. 4. As it perseaveirs, it depends on maus will ; and so they make his whole salvation to depend on his will. He elected us hecaus he saw our will that we would accept grace, and died effectuallie for these whom ho saw would accept grace, and that he would offer grace to such as he saw would perse- veare. (1) We say it depends upon Gods grace, and that he elected such and such to salvation when he might have condemned all. (2) We say that Christs sacrifice was not offered for all, nor for one of the reprobats. (3) That the effectual calling of man, when the Lord offers grace, the man may potentiallie reject, but not effectuallie ; for he writts the law in his heart that he cau reject it. (4) It stands not by mans will, but by Gods grace ; so the Arminians question our salvation in these poyntes, and says it depends on mans will. We say it depends on Gods grace. Our reasons are these — 1 . If it depend on mans will, and not on Gods grace, then Christ had not said, " I thank thee, Father, that hast hid these things from the wise and prudent, and revelled them to babes ; even so. Father, because it was thy pleasure." 2. If our salvation dependit on our will, then gi'ace should depend upon nature, and should be a subservient caus to nature. 3. God, who is a independent being, should become a dependent being; for, if his will dependit on man, then Gods will, who is independent, should become independent. 4. Last, it is against that action in the schooles : for actus secundus should be prestantinr prinw ; and so they give all the glorie to man, and we give it to God ; and we have the consent of all the antients, and the whole Roman Kirk, (till of new some Jesuits hes risen up,) that our election depends on Gods grace. Then the Moderatour said — We have reason to blesse the Lord for his graceous providence, that, before this errour spread very far, it hes pleased him to nippe it in the bud ; and God be thanked, who hes raised up some spirits in our tyme to ac- quaint themtelves with this errour, that they are able to refute it. I have some tymes hard that there be two very small poynts, as would seem, wherein this great errour does consist. They are like two grammarians : the ane is, whether the word Elect, or, in Latine, Electi, is nomen or participium. The question is, whether we doe believe, becaus we are chosen to faith ? They say God chooses men be- cause they believe. We say this — That we are elected comes from Gods free grace. There is ane uther word about the signification of ante and pro* They take pro, that Christ hes died, pro omnibus, for the behove and benefite of all. We say that it hes ane uther signification, vice omnium — I meane as Scripture takes it — that is, for all sortes, and if it be tane vice electorum, they must be saved in whose place Christ hath died. [Bishop of Orkney's Submission.'^ After that there was ane Letter from the Bishop of Orkney, and produced by his sone, wherein he submitted himselfe in all respects to the Assembly. After that. Sir Archbald Stewart of Blackball, as Counsellour, declaired, by Mr John Hamiltoun, his 160 RECORDS OF THE [1638. Minister, that he suhsoryved the Confession of Faith, as it was first suhscryved In the year 1581. After that, a young Gentleman, of excellent pairtes, called Mr Jo" Forbes, brother-German to Craigievar, who had bein in forraigne countries, and in ane Universitie in England long, and drank in the love of the customes of tliese Churches, and, after he came to Scotland, was confirmed in the lyke opinions in Aberdeene, by the Doctors there, and came onlie occasionallie of purpose to have stayed but ane night, and then retired to Ireland ; and, seeing the progres of this Assembly, it pleased God so to worke with him that he was enamoured with it, and, contrare to his former resolution, came in before the Assembly and subscryved the Cove- nant. Mr David Mitchells deprivation. Then was Mr David Mitchells proces red, and the Acts of the Kirk was red iu the caces of de ■ privation. The Moderatour said — There is a difference be- twixt the censures of the Kirk of England and ours. They make a difference lietwixt deprivation, deposition, and degradation. They say, depriva- tion takes away his benefice, deposition his oiEce, and degradation, according to the Priests of old in the Bookes of Martyres, were degradat wlien they made apostacie from the Roman Religion ; and they me'ntained, with the Papists, that, notwithstanding of all their Censures, there remaines something which tliey call character indelibellis^ which is a certain impression put upon the saule of a man when he receaves ordination ; but they themselves can- not tell what it is. But censures usit in our Min- isters, beside admonition, ar suspension, depriva- tion, deposition : Suspension for a tyme from exer- cising the function of the Ministerie ; deprivation and deposition we take to be ane, becaus, when he is depryved of his benefice, so of his office. Tliere is ane of tliir censures alreadie put on Mr David Mitchell, Minister in Edinburgh. Now ye have to consider what ye have to doe further. Ye have heard the proces, and he has declyned the Assem- bly, contrare to the Act of the Generall Assembly at Sanct Androwes, the year 1595. Then the Moderatour asked Mr Robert Douglas opinion, who answered — He is clearlie convict of Arminianisme and many Poyntes of Poperie, and the Censure of tlie Kirk is deprivation for his false doctrine, and excommunication for declyning the Generall Assembly ; therefore, I thinke this As- sembly should extirpat such birds, least the Kirlt receave prejudice heirafter. Mr Androw Ramsay said — That he promised to forbeare such doctrine, but did it not ; and not only declyned this Assembly, but used meanes to stoppe the course, by letters from the Bishop and Com- missioner, commanding the Presbitrie to (desist from any censure. Therefore he desei'ves deposition. Moderatour said — This is a sufficient ground of a Sentence against him, that his doctrine is the doctrine of the remonstrances that they avowed at the Counsell of Dort, contrare to the doctrine of all the reformed Kirkes, whose Commissioners were there ; and consequently to the doctrine of the Kirk of Scotland ; for he defends universall grace, resistabilitie of Grace — efficacie of Christs death — apostacie of the Saints ; so he is both convict of heresie, and obstinatelie glories in the venting of it ; and so in respect of his false doctrine and declina- tour, merito ejiciendvs. Then the rows were called, and the whole As- sembly voiced to his deprivation. Moderatour said— There is none here, I am sure, more loath to pronounce a sentence of deprivation nor I, who never did the lyke ; yet, since place is given unto me, in name of this Assembly, and in name of Jesus Christ our Saviour, I declair, that Mr David Mitchell shall no more exercise the func- tion of the Ministrie ; and, for that whilk is laid to his charge, he is not worthie of any Ministration of the word and Sacraments in the Kirk of God, and declares his place to be vacant ; and ordaines the Presbitrie of Edinburgh to make intimation thereof in their Kirkes. Sess. 12. [December 4, 1638.] After prayer to God, there was a long and learned speach against Arminianisme, uttered by Mr Ro- bert Baillie, Minister at Kilwinning. Tlien the Commissioners of Edin' declared to the Assembly — That the Citizens of Edin', so soone as they heard their Ministers had declyned the As- sembly, they were in sucli a rage against them, that they would neither heare them preaching, nor joyne with them in their Sessions ; therefore, they cravit the benefite of the Acts of tlie Assembly ; and in respect it would have tane up meikle tyme to have heard the particular clauses of everie ane of them, the Assembly resolved to delegat some men, who should have full power and Commissione from the Assembly, to heare and examine all complaints given in against them, and, if they deserve deposition, that they shall have alse great power to pronounce it as the Generall Assembly, according to the Cus- tomes of the Assemblies of the Kirk in former tymes, who may transmit the power by Commission, quoad ad hunc effecltim. Some Complaints were given in against Mr George SydeserfF and Mr W" Maxwell, q"* was red, and proces produced against the persone of'Leith, and Mr Jo" Watsone. The Commission hes power upon all the forsaids persones in Edinburgh, Leith, Canongeit, and Dumbar. The names of the Commissioners — Mr.John Ker, Mr Androw Blackhall, Mr James Fleyming, Mr Jo" Oswald, Mr James Porteous, Mr Robert Douglas, Mr Richard Dicksone, Mr James Symsone, Mr Robert Cranstoun, Mr Frederik Carmichael. Mr Alexander Hendersone. Nobles — Rothes, Montrois, Lowthian, Lindsay, Lowdoun, Balmerrino. Barons — Auldbar, Waughtou, Schirreff of Teviotdaile. Burgesses- Mr George Gr-iy, Mr Robert Cunninghame, or any thirteen of them, 7 thereof being Ministers. They are to sitt doune before the end of Januar. Then some Ministers were sworne before the Assembly to depone faithfully to the Committie upon the complaint against the pretendit Prelats what they know — namely,. Mr James Blair, W" Dalgleishe, Androw Andersone.. Then there was a proces against Mr Alex' Glad- stanes, Arohdeane of S' Androwes ; and the whole Assembly voited to his deprivation, and the Modera- tour pronounced the sentence. Then the Committie, that was appoynted to be upon the nullatie of the Assemblies, gave in their reasones, quhilk wer all red, and verified by Acts of 1638.] KIRK OF SCOTLAND. ]61 uther Assemblies, the Presbitrie bookes, and the Kings Letter. The Moderatour told that the Acts of Linlith- gow Assembly were sent up and douue to Court ; and, at last, when they came home, there was ane Act shifted in among them, that these who were Bishops, ratione beneficii, (for there was no such office,) should be constant Moderatours of provinciall Assemblies, and this was proven to be false iu Mr James Nicolsones face, and the clerk called Philip, which was the cans of the said Mr James his death. John Stewart, Provest of Dumbar, was there, and told that he never heard such a thing voited. Adam Colt, Mr William Watsone, Mr James Carmichael, Mr James Cauldcleuch, Mr Andrew Melvill, Mr W" Scott, and uther worthie men of the Ministrie, were sent to Court and detained quhile this present Assembly should passe. Mr John Ker told, that, in the Assembly 1008, all the names of the Nobles, Barrens, Burgesses, Ministers, directed by the King, voited without any uther Commission, and the 13 Bischops, and from sundrie Presbitries, four or fyve Commissioners. Mr John Row said — I was not Commissioner to the Assembly at Glasgow 1610, but I was Modera- tor in our Presbytrie for the tyme, and Mr George Gledstaines brought the Kings Letters, quhilk is registrat in our bookes, and he brought three parti- cular Letters to thrie brethers of the Presbitrie no- minat by the Kmg to goe to that Assembly. I, with the advyce of the brether, made them stand and swear, as they should answer to Jesus Christ, that they should admit no alteration in government of our Kirk, nor consent to any thing that might derogat from her former auctoritle. They went to the Assembly, and, when they came back againe, we asked at them what they had done or concludit : they would not tell us. Alwayes ane of them, that had gotten no gold, said — " God be thanked I have got- ten nothing." The other two said nothing ; and we thought thereby that they were in the calke. There wer thrie sorts of voits at that Assembly — affirmative — negative — and mow liquet ; and he that said non liquet gat nothing ; and this brother of ours, Mr John Stewart, voited non liquet, and a friend of his, Patrick Stewart, hearing that he said non liquet, said to him, (not knowing what no« liquet mea,aei\,) "How now, cusigne, they say devill belicket yow gatt ?" Alwayes the uther two that had gotten it, would not declair what they had done. The God of Heaven made it manifest what they had done ; for ane of them, Mr Andro Foster, fell into a pittifuU sicknesse, for he had taken silver out of the poore folkes box with false keyes. It came to passe that he, not being gifted for such ane place, his parochiners would fain have beine quyte of him, and desyred him to dimitt his place to Mr John Murray, and offered him a great soume of money, and lykewayes offered to get him a landwart kirk, and, if his stipend were not good, they promised to make it alse good, whereto he would not consent ; but, through veheraencle of sicknes, troubled in mynd, feares and terrours of conscience that God struck him with, he was in a pittifuU case, and even readie to put hand to himselfe, as I can bear wit- ness, who was sent for to comfort him. He toolce apprehension of a word that Chancellor Seaton said to him when he revelled to him what he had done — " that it were well waired he wer hanged." He ap- prehendit that he would be presentlie tane and hangit ; but, having perswadedhim of the oontrair, I desyrit him to tell the trueth to Gods glorie, and he promised to answer me of any question I would propone ; and I demandit of him, first, saying — VOL. I, 'Brother, are yow perswadit in your heart that God calls yow to the Ministrie ?" who answered — " Kay, nay, I soght ever the world, and so scene on me." Secondlie, I asked at him — " What he gat in Glasgow for selling the liberties of the Kirk of Scotland?'' He said— "Fyftie merkes." I said to him — " It is good for yow to prepaire your- selfe for death ;" whereupon he apprehendit that he was presentlie to be execute. I besought him to pray. He said he could not ; but desyred me to pray for him, whilk I did ; and, in the tyme of the prayer, all the buttons lapp aff his breast, and [he] bled horriblie at mouth and nose. After prayer, I asked him — :" Are yow prepared to die ?" He an- swered — " No, woe is me !" Said he — " If you would spare my life till the morne, I would be bet- ter prepared ;" and requested me to deale with Patrick Stewart for his life, and might I give him assurance it should be so ; so, the morne I came to see him, and he was benumed, and wist not what he did or said, and granted that he was not in the case he was in before. At last, he deserted his calling and came to the Presbitrie, and gave over his place to Mr John Murray. And the lyke fell out too with Mr W™ Patouu ; for he gat uther fyftie merkes: and, the poore folkes box being broken in his house, the Bishop, at his visitation, made him to lay downe uther fyftie merkes for it, and so he had no vant- age for that shift. Mr David Dick said— Doctor W" Guild and I was auditors of ane who was a verie penitent man, for taking some money at their Assembly. He confessed he gat 40 punds ; and we asked what he did with it ? He answered — he bought ane silver satt fatt with it, and he said " there was no more to give me." Doctor Guild said — In trueth there was some money in dealling, but he came to the hinder end and when the purse was weill neare tefemed. Mr Jo"^ ICer said — I know a minister, Mr John Lawder, that came when the bag was almost teemed, and the Earle of Dumbar, who was his patron, said — " Well, Mr John, yow are too lang a-coming, for I have no more left but ten punds, 40*^ less," and that he gat. Mr Thomas Mitchell said he had a good-brother that was there, and when he came hame he was asked what he gat. He answered, he saw it in dealling, but not a penny he gatt, but was threatened by the Bishop to be sent to Ireland. Mr Simeon Johnstoun said — He was there, but gat no money ; only went thither upon the Kings Letter. The Moderatour said — That might weill be your rewaird. Then diverse other of the brethren arose and declaired that there was both money taken and given at that last Assembly, and lykewayes they nominal sundrie that had receaved it. Then the reasons 'for the nuUitie of the pretendit Assembly at Aberdein 1616 was red and proven to be vahde. The Reasons of the nulhtie of Perth Assembly 1618 was red and fund valide, and Mr Laurence Kinneir told that his name was put out and uthers wer put in the rows. Mr George Muschet said — Some that came with Commissions, because they trowed their voice would be negative, their names wer put out, and Mr John Murray offered three or foure tymes to speake the pretendit Moderatour, but gat not libertie ; and when he came hame he said he never saw [such] ane ordour at ane Assembly. Mr James Cunninghame said — The Bishop or pretendit Moderatour, in his discourse which he 11 162 RECORDS OF THE [1638. had be way of preaching, he was there lahouriDg to cleare himselfe of any imputations which he said was layd on him for being tlie devyser of the 5 Articles. He tooke aff his hatt, which he had on all the tyme of the preatching, and attested God that he never knew of the 5 Articles till the King sent them doune, and commanded to ingrosse them in the Assembly ; and Doctor Lindsay, who was the man that answered all the arguments, when it came to the voiting, said, " I confesse there is neither Scripture, autiquitie, nor reason for them ;" and farder, he was heard say, " If either reason, Scripture, or antiquitie had place, he will tyne the cause." The question was stated, whither, in re- spect of the Kings Commandment, the 5 Articles should pas or not in ane Act ? And it was urged onlie to be acted in the Assembly bookes, and the Bishop said they should never be urgit with the practice of them ; and the Bishop of Galloway, directing his speache to Mr James Carmichael, said, " Yow may see w» conceaved the Act be way of Councell and not be way of Command," and so, many gave way to the inserting of it in the booke for the Kings pleasure, who for conscience sake would never have practised them. The Moderatour said — Brethren, I think when ye read constitutiou of Synods, and these conditions that are essentiallie requyi'ed for making up of law- full Assemblies and Synods, ye will find many pec- cant humours in these Assemblies against these rules, and ye will find scairoe any of them keeped. I have sundrie tymes considered the Conditions that all divines think requisite to be keeped in Assemblies, but I could never see ane of them keeped in their Assemblies, especialUe in that of Perth. Mr David Dalgleishe said — I remember it was said that these articles seemed to Poprie, and the pretendit Moderatour said he would meet the Pope midgate ; and in voiting they wer commandit either to grant all or deny all, for the Articles wer all voited together. The Moderatour said — If there be any other brother in this Assembly that hes any uther parti- cular concerning Perth Assembly, let them now declair it before it goe to voiting, and let us doe all out of cleare light, solide knowledge, and certane persuasion, that we pasj not from it the nixt day. Ye Itnow what pitiful perturbations and tragical tribulations hes bein upon the urging of these arti- cles, and we have reason to blesse God, who this day calls them to examination. I think there was four yeares betwixt the closing of the Assembly and Parliament that ratified it, and all the tyme betwixt, there could never a certane forme be gotten of that Act. Alwayes brethren, becaus this is a matter of importance, and I would have you all fuUie per- Bwaded in your mynds ; any man that hes anything to say, he hes now tyme. The Assembly was all silent, and thereby declared their satisfaction. Then the roUes wer called, and the whole Assembly, all in ane voice, without con- trare voice, declaired all the forsaids Assemblies to be null. The Moderatour said — Ye Jiave voited unani- mouslie; and these Assemblies I trust be not only null, but hereafter sliall be a beacon that we stryke not against sucli rocks ; pathemaia nothemata, nocumenta documenta. Then the Moderatour pronounced, in name of the Assembly, these Assemblies to be null, in these words : The Assemblie heir declaires these Assemblies to be null — to have no ecclesiastical nor civile autho- ritie; and consequentlie whosoever practises any thmg under pretence of their authoritie, shall be censured. Sess. 13.— 5 Dec' 1638. After in calling on the name of God, The Moderatour said-r-We have great reason to blesse the Lord for these very cleare and sensible demonstrations of his presence amongs us, both in veritie and uuitie, as we did sensibUe find yester- day. There is none of us that hes now assented to the declaration of the nullitie of these Assemblies, but they can gather such ane appendix as this. That .since these Assembhes ar null, no oath that were taken of any Minister shall have any further obligation ; and if these pretendit Assemblies had no pretext of ane Assembly, and the rest that wer pretendit to be Assemblies, are declaired to be null : and this was ane great pairt of that intollerable tyrannic and yoke that was upon the neck of this Church ; and since all these things are now in effect dischargit and declaired to be null that were con- cludit in these Assemblies, we ought all to turne to our former practice, warrantable by lawfull Assem- blies and customes of this Church, and, no more to be acknowledgit, the power of these null Assemblies. And sicklyke since Presbyteriall power was tane away by these pretendit Assemblies, their power i s now returned againe ; and therefore let all of us use it when we goe hame. Mr David Dick said — I desyre that that may be insert in the bookes of the Assembly ; and becaus that some Ministers are admitted be Presbitries, wham the Bishops refused to admitt, it wer good it wer ratified in the Assembly. The Moderatour said — That which they have done in Presbitries, according to Presbyteriall order, cannot be null. Lowdoun said — The corrupt Assemblies, which are now declaired to be null, was a impediment to the positive grounds and the government of the Kirk, and therefore these considerations that are propounded heir, tho' they follow ex cansequenlia, divers [deserves] to have a severall act by themselff. Moderatour said — I think it necessar that all bands and yockes be tane off this Kirk, that all that are of the Ministry may find and acknowledge their hbertie ; but let thir things be referred to the hinder end of the Assembly. Then was there some witnesses swome for in- formation according to their knowledge concerning the Bishops of Galloway and Brechin, namely Mr Hugh Huchesone, Andrew Agnew, James Agnew, Allan M'Gill, Mr George Home, Mr John Weymes, Mr Lawrence Kinnier, Mr Mathew Weymes, Mr Alex' Wedderburne. Then there was a proces produced against Mr George Ilanna and the Minister of Dirleton which are referred to the Commission at Edin'. After this there was a proces produced against Doctor Hamiltoun, and the executions produced ; and the officer reported that when he summoned him, he bad him hang himself— he was not a treat- our to compeir before rebells ; and that he was ane honester man nor any that sat at Assembly. Then he was called on, and ane day assigned for the wit- nesses. Then Mr WUkie, Henry Stirling, Sir Robert Boyd of Bonschaw, Mr David Elphingstoun, Mr Hendry Semple were swome to declair what they knew against Mr James Forsythe, Minister of Bal- patrick, to the Commissioner for the Billes. Complaint against the Prelats. Moderatour said— Now let us goe on in this 1638.] KIRK OF SCOTLAND. 163 great complaint against the Prelats ; and if tliere be any thing done in it, let it be aocuratelie and ordevlie; and that it may be upon some sure grounds, for our proceedings will be gtrichted to the uttermost. Yee know there was two sorts of accusationes given in against them. The ane was geiierall, and that was the breach of the Caveats that was put upon them to Iceepe them. The Moderatour said — The uther was particular faults against them. Let us first examine the generall, and be very exact in it, becaus the examination of ane is a rule of the rest. There was the Complaint against the Bishop of S' Androwes red, and it was found that he had sworne the Caveats at his admission to the Bishop- riek of Glasgow, bot he had not subsoryved as the first Caveats requyres. Mr John Livingstone said — That his father de- claired to him that he was present at the Bishops admission, and heard him swear ; and a little there- after he went to Court, and, being reproved by King James for swearing of the Caveats, he pur- chased a testificat from the Presbitrie of Glasgow that he had not sworne and subscryved, quhilk was true, being tane conjunctim; whereas he was adstricted to doe nothing in Parliament to the pre- judice of the libertie of the Kirk, but by warrant from the Kirk. It was found that he had divers tymes voited in Parliament to the prejudice of the Kirks libertie, but never had a warrant from the Kirk, quhillc poynts wer notour to the whole As- sembly, and declaired by Rothes, Eglintoun, Low- doun, Mr Robert Blair, Mr David Dalgleische, Mr Jo" Grahame, Mr James Martine, and Mr James Sibbald, to be most true. Moderatour said — Since the Kirk of Scotland, who should have given him a warrant, is heir, and declaires he had none from them ; and, lyke- wayes, since he eompeires not to shaw his warrant, it is cleare he never had any. It was also found that he had sett tacks, and sold patronages to the prejudice of the Kirk ; and diverse noblemen de- claired that he had sold patronages to them, and they said they tooke their penny worthe of him. Lowdoun andthe Lairdof Blair, Provest [of] Dun- barton, and Mr George Young, wer taken sworne to deolaire to the Committie what they knew in this particular. Whereas the fyft Caution requires residence with their flocke, to be present at their Presbitries, the Contrair was notour to all the Assembly ; and the Moderatour declaired that this 20 year he heard not 3 exercises in their Presbitrie. The 6 and 7 Cautions were more manifest to the whole Assembly. The breach of the 8 is evident by their declinatour, whereas they call themselves " the Representative Kirk." Lowdoun declaired — That when our Petitions were framed and given in to Counsell, the pre- tendit Bishop rejected it, becaus it bure, " in the name of the Kirk and Clergie joyning with the Nobles, Gentlemen," &c. The Bishop of S' An- drowes answered, " Whom call ye the Kirk ? A number of baggage Ministers, worthie to be ban- ished : ye shall understand that we are the Kirk." This James Cochrane witnessed also ; and Mr James Bonar declaired that in a Convention of Bishops at Leith, he heard them say these words : " They say that they are the Kirk, but we are the Kirk, and it shall be so j who will say the con- trare ?" [Process against John Crichtoun,^ Then there was - proces given in against Mr John Crichtoun, Minister at Pasley, whilk was red. It contained many blasphemous poynts, both of Arminianisme and Poperie — about 48 — besyde his seandelous lyfe. Then the roll was called, and the whole Assembly voited to his deprivation. Then the Moderatour said — Though it be our parte to doe what the Lord hes commanded us, we should doe it with griefe and compassion of heart ; for a just sentence may be pronounced with ane evill, heart : notwithstanding, we ought to have hope that the Lord will give him repentance ; but since ye have thought him worthie of deposition. In the name of this Assembly, and in the name of Christ, our Lord, I depose him from all function of the Ministrie, both in doctrine and use of Sacraments, and declaires his place to be vacant. Sess. 14. [December 6, 1638.] After prayer to God, there was some witnesses sworne to give their information concerning the Complaint [against] the Prelats— as namehe. Doc- tor Guild, Mr David Lindsey, Mr David Young, Mr Alex' Robertsone, Mr Andrew Strauchane, Mr John Rutherfuird, Mr Thomas Mitchell, Mr David Forrest, Mr W" Menzies, Mr George Robertsone, Mr George M'=Gill, Mr George Fleyming, Thomas Durhame, Mr George Muschet, Mr George Gra- hame, and James Row, Archibald Campbell, Mr Robert Bruce ; and becaus these persones are wit- nesses, they cannot be judges, and therefore they cannot sitt heir as voiters in that particular. The Moderatour said — Ye know there was a Committie of some learned and worthie brethren anent the Service Booke, Cannons, &c., and we trust their labours shall have a large approbation of yow. Ye shall heare some of them red unto yow, which we hope shall give great light unto your mynds. Take head to them that you may be able, after the hearing of them, to the voiting, that after the declaration of your mynd, ane act may be drawen up such as beseemes the General Assem- blie, and that by the auctoritie of this Assembly, order may be given for printing a Treatise which may be a guard for the posteritie to come against such evills, and perhaps for uther Kirkes also ; and albeit the laboures of our worthie brethren take up some tyme in reading of them, I hope we will not wearie, becaus there are many notable poyntes of heresie ahd errour in these bookes; and since there hes beine great paines taken by the authors of these bookes thir many yeares in frameing of them, I hope ye shall find it a well bestowed day, to see the darknes and errours of them discovered ; and I am sure it will be more delectable for us to heare thir thinges reading, nor to have bein reading these Popishe bookes ourselves in our churches. Then there was a large and learned Treatise red by these reverend Isrethren that were in that Com- mittie, descryving the Idolatrie and Superstition of the Service book, the tyrannie and usurpation of the Booke of Cannons and Ordination, and the un- lawfulnes of the High Commission, which gave great satisfaction to the whole Assembly. The Assemblies condemning the Service Booke and High Commission, Then the Moderatour said — Your Honours and Wisdomes all know how this Church hath bein burdened with these great weights and multitudes of evills, the Service, &c. Ye know also how a great parte of the Subjects of this Kingdome, of all rankes, did joyne together in a great, peaceable, 164 RECORDS OF THE [1638- and humble maner, and did supplicat his Majestie against these maniJFold and great evills ; and when at the first, they had not such great hope as uther- wayes they would have wished, to have beene free of these great evills, how they joyned together in that Confession of Faith and in a publict declara- tion, that in their judgement these evills were ab- jured in the Confession of Faith 1580. Ye are aequanted with the words wherein these same evills are abjured ; " and becaus efter due examinatione we plainlie perceave and undoubtedlie beleive that the forsaids narations and evills," &c. Ye know it pleased the Kings Majestie at last to discharge all these bookes and High Commission, for the which we have reasone heartiUe to thanke his gracious Majestie ; and it hes pleased God, by the indiction of this present free General! Assemblie, to bring us all heir, and is now calling us to give our judge- ments concerning these bookes and High Commis- sion. I did not thiuke that any of yow neids any farder information, both becaus the Kings Majestie hes discharged them alreadie, and becaus it is not the first day that ye have heard of them, but hath informed yourselfes of the evill of them or now ; and though your judgements had not bein prepaired by the laboures of our reverend and learned brethren, I put no question but ye would have done it before out of verie cleare light. Ye know ye must con- sider whether these bookes and the High Commis- sion have bein brought into the Kirk without war- rant of the Kirk, contrare to the order thereof, whether they cohtaine thinges abjured in our National Confessione of Faith we have latelie sub- seryved — and, in a word, whether they be by this National Assembly to be condemned ? Then Mr Alex' Somervell raise up and spacke. — I approve the travells of our worthie and learned brethren, which, I hope, hes given full satisfaction ; and for these proud men who gives proud titles to them quhilks, calling the Service Booke " a booke of commone prayer ;" for it is commone to all the reprobat that walke in the broad way ; and, for the uther booke callit '' Cannons," it is a name which is given to Scripture itselfe ; and for their owne pride, they were not content with that which kirk, country, and parliament gave them, but would rise above all ; and nothing would satisfie their unlimited ambitione. It seemes that Gods hand is upon them in this instance, and not only will take from them that which they have usurped, but also that which was- given unto them ; ffor as long as there was nothing concludit but the Five Articles, many were deceaved with their indifferencie ; but now then- courses are discovered, and it is weill knowne now they are leading us toward Rome; and we have reasone to blesse God that by the Kings majesties indiction of this Generall Assembly, they are now coming to voiting. And if personall faults be so worthie of censure, much more their ministeriall errours which erosse that holy calling ; and, there- fore, I hope ye are all readie, not only to give sentence against these bookes, but against the authors of them. Then the Moderatour stated 'the question "Whither doe ye reject or condemne these Bookes and the High Commission, for the reasons foresaids, or not ? Then the Clerk called the rolles. Mr Alex' Kerse being first called upon, said As for these bookes, sepeliantur sine honore : as they were hatched and introduced in ane unlawful! manor, let them be buried with reproach and shame, and send them ad infartunatas insulas. As for the High Commission, no tyrannie is of long durance, and, therefore, with a short cutt, I abjure it. Mr Thomas Ramsay said— I reject them to the jacks of eternal destruction. Mr Andrew Cant said — I think the High Com- mission hke the Spanish Inquisition. I think the Booke of Canons full of Popishe and Pop-lyke tyrannie. I think the Service Booke full of super- stition and massing Poperie ; and I think that Booke of Ordination, like the beast in the Revela- tion, with which none could buy or sell ; and, therefore, I abjm'e and condemne them all. Then all the rest of the Assembly, without a contrare voite, rejected and condemned them all. Moderatour said — We have very great reason to acknowledge the goodnes of God to us, that joynes us together after such a maner, in giving so ample a testimony to Christ our Lord, and so large a tes- timonie against the worke of Antichrist in this land ; and every one of us should wishe for the same spirit to goe on with us to the end of the worke. Then divers of the Assembly desyred that the labour of these worthie and learned men might be put to the presse, ^yhilk was promised. Then there was some desyred to depone their oathes concerning the Bishop of Galloway, Mr Robert Aird, Neven Agnew, Mr George Gillespie, Mr James Bonar. Tlien there waa a commission nominat for Dun- die and some adjacent paroches, for taking order with some transgressions in their ministrie and in Angus, as namely — Mr Alex' Hendersone, Mr Alex' Bisset, Mr David Dalgleische, Mr Alex' Cunninghame, Mr John Robertsone, Mr George Halybnrtone, Mr Andrew Wood, Mr Frederick Carmichael, Mr George Somervell, Mr John Robertsone, Mr Silvester Lammie, Mr James Lightoune, Sinclare, Cowpar, Nobles- Montrois, Lindsey, Barrens— Auldbar, Din, Fintray, Newtoune, Scottiscraig, Auchterhouse, ~ " James Sword, Thomas Durhame, The quorum ij, whereof 6 ministers being alwayes present ; and so their session dismissed. Sess. 15. — Dec. 7. After in calling upon the name of God, There were some witnesses sworne to depone ■what they knew against Mr William Annand — namely, Mr James Bonar, Mr Thomas Garven, Mr James Cunninghame, Robert Gordoune, John Kny', John Kennedie, Mr John Bonar, Mr W" Smyth, James Cochrane, Adam Dalrymple, John Patersone, W"" M^Adam, W" Spier, Thomas Blair, W" Patonu, John M'Nire, Mr David M'Corne, Mr Johne Bnrne, Mr John Hamilton, Mr James Baillie, Mr James Scharpe, and Mr Robert Baillie. Against the Bishop of Dumhlane — Mr Henry Livingstoune, Androvv Raid, Mr John Duncane. Against the Bishop of Edinburgh — Mr Robert Murray, Mr George Gillespie, Mr Alex' Symmer, John Blyth, Jo" Weymes, Mr David Dick. Then Mr James Stewart brought in a letter, and produced before the General! Assembly, which came from the Bishop of Dunkell, wherein he Immbly submitted himselfe to the judgment of the Generall Assembly ; and Mr James Steuart shew ane letter 1638.] KIRK OF SCOTLAND. 165 written to himselfe, wherein he had given him commission to intreat liis reverend brethren not to ranlc him among the rest of the Bishops, in respect he had neither subscryved the declinatour nor pro- testation. Then there was [a complaint] given in against Mr George Halyburtone, and red, wherein he was ac- cused forsacriledge for declyning the Presbitrie, and for denying some of his parochiners the benefite of baptisme, marriage, buriall, and uther henefites of the Kirk. The Assemblie, having manie weightie and grave matters and affaires in hand, remitisthe same back again'e to the Presbitrie of S' Androwes, and adjoyned unto them, in Commissinn, the Earle of Rothes, Mr Robert Douglas, Mr Robert Cran- stoune, &c. Then there was complaints given in against Mr James Flecli, wherein he was accused for defend- ing universall grace ; who answered that he did never defend it, as a parte of the doctrine of the Arminians ; but only that he said to the gentleman that he should not thinlie hardlie of him for tliat, because it was the doctrine of the Lutherian Kirlt. I confesse I citted two texts of Scripture— John 2. 1, 2, Pet. 2 ; but I was never of that opinion that Christiis wortuus est pro singulis. The Assembly, finding it would consume much tyme to discuss the particulars, and that they had weightie occasions in hand, did appoynt a committie for that effect — namely Mr Matthew Brisbane, Mr Alex' Somer- vell, Mr John Moncreiffe, Mr John Maitland, and Mr Samuel Rutherfuird. [Bishop of Galloway deposed, ^c] Then were the Articles that were approven against Mr Thomas Sydserff, pretendit Bishop of Galloway, given in ; and it was sufficiently proven and notour to the whole Assembly that he was guiltie of the breach of the Caveats, besyde many poyntes of Poprie and Arminianisme, and many grosse per- sonall faults. Then was red the paynes and censures of the Caveats furth of the Acts of Assembly. Then the Moderatour said — We must not esteems of mans faults according to the worlds estimatione ; for ye know if a man be not a drunkard, a theiff and robber, &c., in their estimatione he is a good man, whatever fault he has utherwayes. But we of this Assemblie ought to thinke utherwayes ; not that I would extenuat the foir-named faults, but are to consider their habituall and ordinary transgressions of a publict law is a, great guiltines ; or, as school- men speakes, spiritualia peccata are greater than temporalia peccata. So say I. The preaching of false doctrine, and venomous poysone of that kynde, to bring the people from the trueth of their profes- sion to Papistrie and Idolatrie, must have a great censure ; and, consequently, the breach of these Caveats by him, the declyning of this Assembly, and the bringing in of the Service Booke — which you have alreadie censured and condemned for the mani- fold guiltinesse that it hes in the bowells of it — he deserves no lesse than excommunication. I re- member in the English Church there is a sort of excommunication which the Papists call excommuni- catio lata— that is, when the man committs the cryme, he shall be declaired to be excommunicat. And there is two sortes of excommunication used in this Church : the one is called summar excom- munication, and the uther uses to have admonition before, and is propter contumaciam. Summar ex- communication hath beene used in this Church in two cases, and was for hynous crymes. The uther was when the Kirk was In danger by suffering of such a member- — as a rotten member is cut off least it should corrupt the whole bodie. The uther, which is propter contumaciam, is Imowne to all men. In respect that this pretendit Bishop of Galloway is guiltie of contumacie, being cited to compeir heir, and having declyned this Assembly, his excommuni- cation cannot be called summar, but propter con- tumaciam. It is pittifuU to see some hath such a great conceat of their owne words, learning, and engyue that they will not be ranked among uthers ; but, as they thinke themselves above uthers in gifts, so they thinke they should be advanced above them in place — and, therefore, aue ordinary stipend can- not content them ; and then they begin to tyre of preaching and catechising ; and thus are tane away with the pleasures and caires of the world and idle- nes. Therefore ye have to consider what shall be their censure ; and least you eire, ye shall heare some articles that were gathered out of the Acts of the Generall Assemblies of the Kirk, as lykewayes ane Act of 9 Pari' K. Ja. 6., wherein is exprest the censures that is due to them. And ye shall under- stand, whatsoever sentence the Assembly shall thinke fit to pronounce against these, when it is all for their good — for the destruction of their fleshe that their saule may be saved in the day of the Lord. But let us remember that these that are deponed witnesses against them sitt not heir as voiters. Then the Moderatour desyred some of the breth- ren to give their advyce how they should proceed in that matter. Mr David Dick said — It is weill enough knowne that they, having exeemed themselves from ane particular flocke, and from the censure of Presbi- trie, and acknowledged no kind of Judicatories but only the Generall Assembly, whilk cannot alwayes sitt ; and, therefore, for the wronges they have done to Christ Jesus our Lord, and to the poore Kirk of Scotland, which they have tossed to and fro now these sixteene moneths ; and, notwithstanding that everie sermon hes bein taught all this tyme hes bein a summonds for them to repentance, yet doe we see no appearance of it, but a constant ongoing to bring this Kirk to mine — stirring up the Prince against the people : therefore, my opinion is, that we declair our zeale for the Lord ; and that the last censure which is the raeanes to humble proud men, be given out against them though they should laugh at us for so doing ; for since neither the troubling of this poore Kirk, nor our prayers and teares could humble them, it is good the last meane be assayed, and solicite God to voiting. My Lord Lowdoun said — The not appearance of these men upon their citation and declyning of this Assembly, proves their contumacie. Moderatour said — Theirgreat guiltinesse is notour to the world ; and yet, notwithstanding of all, they could never cry so much as peccavi ; and since we excommunicat all that wer Papists, and disobedient to preachers and pastors, from partaking of the holy' Communion ; since they are guiltie of both, why should not the censure pas aga;inst them ? I will read some words of a reverend Father, Mr Andro Melvill. When the Bishop of S' Androwes was to be excommunicat, he said, " That old dragon had so stinged him with avarice, and swalled so exorbit- antlie, that he threatened the destruction of the whole bodie,'lf he were not cutt off." Then the Moderatour stated the question, which was this — Whither Master Thomas Sydserff, pre- tendit Bishop of Galloway, upon things layd to his charge — the breackingof theCaveats — for preaching of false doctrine, Arminianisme, and Papistrie, and 166 RECORDS OF THE [1638. bringing in of the Service Booke — whither he shall he deposed and excommunicafc, or not ? Then the roUes were called. Mr Alex' Kerse, being first nominat, answered — I chanced lately to see ane Extract of ane Act of a Generall Assembly holden at Glasgow, Appryle 26, 1580, wherein is registrat that the Bishops of Isles, Aberdeine, and S' Androwes submitted themselves to the Assembly, and I looked that our oune Bishops should have done the lyke ; but Instead of their submission, whereby they might have quenched the fire that they have kindled, they have addit con- tumacie; and the said Mr Thomas Sydserff is Incendiarius. Soloman sayes, " he that breakes doune ane hedge, a serpent shall byte him ;" and they have brocken doune a hedge, and therefore the serpent of sharpe excommunication shall byte them. And since he is alse guiltie as any, he deserves excommunication, so absdndatur quern nos perturbafur. Then the rest of the names were called ; and the whole Assembly in ane voite unanimouslie did voit to his deposition and excommunication, except Mr Silvester Lammie, Mr Andro Ker, Mr Robert BailUe, Patrick Bell, who the morne, efter advise- ment, did voit to his excommunication. Then Mr John Hay, Minister at Baffoord in the North, produced a censure of the Service Booke which he had written ; and the Moderatour receaved with all thankfulnes, and the Assembly thought fitt that it and the laboures of some uther worthie men upon that subject should be put to the presse. Moderatour said — Ye may see that the same spirit which breaths in the South blowes also in the North ; and as some of our reverend brethren about Edinburgh and the South hath contributed to this, so also some in the North hath not beene idle. ISpottiswoode, Bishop of St Andrews.J Then the pretendit Bishop of S' Androwes was called on and the proces red, and he proven to be guiltie of adulterie, drunkennes, preaching of Armiu- ianisme and Papisticall doctrine ; and for this cause the whole Assemblie voited to hia deposition and excommunication as of before. IBishop of Srechin.*'\ Whilk being done, the Clarke proceaded in read- ing of the Crymes given in by the Committie against Mr Walter Whytefoord, Bishop of Brechin, [con- sisting of five Articles.] After that thir and manie other faults proved against him were redde in the Assemblie ; ane paper was given in by the Committie, conteauing the pro- bation of his adulterie with Aleson Chriehtone, by the circumstances which were done thereanent ; as who had given her money at his instance, who lies baptized the bairne at his requeist, and sundrie other passages thereof were their commemorat. Which being redde, Mr Alex' Bamsay gave in ane paper, conteauing that ane certaine woman, servi- trix to ane Nobleman, had told him, being to come to the Assembly, that shee had lykewise borne ane bairne to the said Bishop, but by his persuasion had given it to another, which her conscience accusing her for, shee was forced to tell : whilk woman he had warned to be present at the AssembUe for the probation of the same. The Toyces at last being sought anent his cen- * The Deposition of the Bishop of Brechin is omit- ted in the Glasgow Folio MS., and is therefore sup- plied from Mr Laing's Copy. sure, he was adjudged, as the other two, to be deposed from his ofiiee, Ministerial! and Episcopall, and lykewyse to be excommunicat. After whilk, thankes being given, they dissolved. Sess. 16.— Dec' 8, 1638. \_Lindsay, Bishop of Glasgow.'\ After prayer to God, The Moderatour said — We wer going forward yesterday in the lybell of the Bishops, and the com- plaints against them. We began at the Bishop of Galloway and then at S' Androwes and Brechin, and least it may seeme a neglect that we are lang in coming to the Bishop of Glasgow, whose resid- ence is so hard by us, let us goe on to the tryell of him. My Lord Weymes said — The Bishop of Glasgow sent ane gentleman to me desyreing me earnestlie to speake with him ; and because I could not goe to him before the Assembly, he intreated me to desyre the Assembly that nothing might be done anent him till I speake with him. Moderatour said — It is good for that cause to take some uther purpose in hand ; tad since your Lordship desyres that he may be superceidit, yee shall be pleased to joyne ane or two discreit Mem- bers of the Assembly with you to speake with him, for it is better to wound ane then to losse twentie. [ Confession of Faith — Episcopacy. ] Then the Moderatour called on the Committie for the Confession of Faith, and desyred my Lord Argyle to speake somwhat anent it. Argyle said — Beeaus I believe occasion may fall out that I must of necessitie goe to Edinburgh shortlie, therefore I desyre that the Confession of Faith, wherin I acknowledge myselfe to be tyed, might be explained before I goe, that I may both be a witnesse to what is done and be able also to informe uthers. There are two Confessions. One is the Confession with the explanation : the uther is the Confession, that which breids much ques- tioning ; some referring the explanation of it to the Assembly, uthers subscryving it according to the meaning of it when it was first sett doune, as the Counsell hes done : therefore it is wisdome to consider whether ye take it to consideration as a thing fitting and expedient or not ? Or if ye take it (as the Kings Commissioner and these of good qualitie hes done) as it was first subscryved ? If ye take it to your consideration whether Episcopacie should be or not, it may be that more disputable ; for I confesse I have never dyvit deeplie in it. Therefore I humbly represent unto your considera- tion the lawdable acts and estate of the Kirk at that tyme, and to consider as in Ecclesia conslituta. My Lord Rothes said— I thinke it is absolutelie necessar, in regard that my Lord Argyll is to be at ane Counsell day shortlie in Edinburgh, where it is lilte, the Commissioner will be present, and so his Lordship shall have occasion to give them satisfac- tion, if we make such grounds heir as shall be answerable to explaue the Confession that they themselves have subscryved. Then the Moderatour desyred Lowdoun to declair Ms mynd. Lowdoun said— It is sufficientlie knawne to this reverend AssembUe what great straites this Kirk was redacted to when the Popishe Booke of Ser- vice, Cannons, &c., now justlie condemned, were injoyned as the only forme of Gods puhlict worschip, and that some of the most sinceare Ministers, Gods faithfuU servanda, were chargit, under the paine of 1638.] KIRK OF SCOTLAND. 167 rebellion, to reoeave these Bookes, till by a Bill of Suspensloue they obtained some breathing tyme, that men of all rankes might supplioat against these evills. It is kuowne to yow also, that by the Bishops malice and misinformation of our Prince, the answer of all our Supplications at Stirling was returned by a proclamation, under the paine of treason, that we should not presume to meit any more to prosequute our desyres ; so that at that tyme we are driven to such exigencie that we behoved either to fall in rebellion and excommunication on the one hand, or forfeiting of the way of trueth and true religion and breach of our Nationall Covenant with God on the uther hand ; and we knew not to what hand to turne us, till it pleased God to lead us by his light to the renewing of our Confession of Faith, which ye know was verie solemnlie sworne throw this Kingdome ; and ye know also that no meanes hes bein left unassayed to have rescindit the same. Then it was taxed to be ane unlawful! combination, whereof we did cleare it sufficientlie. That our Supplication of it should be left out, that it might be the more ambiguous in the interpret- ation, and therefore it necessarilie at this time requyres ane explanation, and the way that we have proceidit therin is this : First, we have drawen up some reasons of the necessitie of ane explanation to be made ; next, that we may schuune the neidles dispute of Episcopacie in abstracto, and of these corruptions that were introduced after they were expelled out of this Kirk, we thought it most neees- sar to state the question thus : Whither Episco- pacie and these corruptions be compatable with the doctrine and discipline of the Kirk, as it was esta^ blished in the year 1580 and 1581 to adhere ? And this being examined, we hope it will cleare all the scruples about the Confessioil of Faith, and for this purpose we have drawen up a number of Articles thereanent. And when we consider how the Bishops have striven to creip in by degries, and have abstraoket the Bookes of Records of the Kirk, which now in Gods providence are come in our hands — and how they made many Acts of Generall AssembUes which now are declaired to be null — and how they have thrust themselves in the pryme places of the Estate, and by their boundles power in the High Commission, and sheltered themselves under the shaddow of auctoritie, oppressed the word of God ;— no wonder that some hes beene deceaved rather to think them toUerable then to suffer themselves to be thrust from their flocks and places. We trust in God, when it shall appeare that they have done nothing but what hes beene protested against by Gods servands, and that they had never a warrand from Ecclesiasticall power, and that these things were once abolished as mens inventions, tending to the overthrow of religion and wanting a warrand from Gods word, we hope, these grounds being cleared, we shall all returne to our former puritie, and, by so doing, shall give testi- monie of our obedience to God, loyaltie to our King, and happie conjunction amongst ourselves. The Moderatour said — I am glad that my Lord Lowdouns speach hes come to your eares ; and I thiiik that whilk scarres some most, is feare to offend the Kings Majestic. But we are sure, when the Kings Majestie sies we make conscience of our oath, and when it is manifest to his Majestie that we doe nothing but what is sworne to be done in the Confession of Faith enjoyned be himselfe, we hope he will think them good and loyall subjects to him, who have proven so obedient to God. Then there were reasons heard by the Clerk, showing how necessar it was that there should be a necessar explanation of the Confession of Faith. After the reading of the Reasons, The Moderatour said — Ye have heard many rea- sons showing a necessatie of this explanation : now heir the explanation itselfe. And I intreat yow, Nobles, Gentlemen, Ministers, Elders, or any Min- ister of this Assembly, call for reading of any Act that will cleare your mynd, and they shall heare them out of the Book of the Assemblies ; for I thinlf there be many Theologs in this Assembly that are not weiH acquainted with the Acts of Generall Assemblies. The Clerk said— To show yow how diligent our Reformers wer in gathering of their Acts, thene wer two fasts appoynted, to seik Gods direction therein — the ane 26 April 1577, and the [other] 1578. Then all the Acts of the Assemblies, clear- ing the meaning of the Kirk of Scotland, concern- ing Episcopacie in the year 1580, 1581, wer red by the Clerk. Then the Moderatour desyred to read the Act of Counsell 22'' of September 1638, ha which Act his Majesties Commissioner and Lords of Counsell de- clared, that they subscryved the Confession of Faith, as it was professed and estabUshed in the forsaids years 1580, 1581. Then there was a Let- ter, in Latine, writtine to some of our divines by the Kirk of Helvetia, red by the Moderatour, giv- ing approbation to the Confession of this Kirk, and showing their opinion in the poynt about Episco- pacie, wherein they declaired it to be but humane consuetude that appoynted the prioritie of Pastors above Pastors, and that divine institutione had only appoynted a paritie among Ministers. Then the Clerk said — It is evident that, in all their Assemblies, the abrogation of Episcopacie, the establishing of the Booke of Discipline, and the injoying of the Subscription of the Confession, wer alwayes conjoyned. After the reading of many uther Acts, The Moderatour said — Heirby any may perceave what the meaning of the Kirk of Scotland was con- cerning Episcopacie, in the 1580, 1590, and 1591 ; and what shall be our meaning, except we shaU deall deceatfuUie with our God in our Covenant ? Then the Clerk said — I know certainhe that this oifice of the Bishops was never established by any Act of Parliament in Scotland, which I never knew my selfe but within this twelfemonth, that I tooke speceall notice of all the Acts of Parliament for that effect. The Moderatour said — It becomes us to have a reverende estimation of the Lawes of the Countrey ; yet there is no Acts of Parliament that can be the ground of our Ecclesiasticall Policie. Lowdoun said — It is but too cleare what we are doing in Ecclesiasticall Judicatorie hes nothing in the civill law repugnant to it. Then my Lord Low- doun red the Act of the 15 Parliament of King Ja' 6, and ane uther Act Pari' 1612. In the for- mer there is nothing concerning the office of Bishops, but only reserving to the Kings consideratione and advysement with the Generall Assembly ; and in the last there is a relation to the former ; so that there is nothing in the interveining Acts 1 606 and 1609, and the Act 1612 does not ratifie that which is conoludit in Glasgow Assembly, which now is condemned. That ground being taken away, the Ratification also falls. The Moderatour said — Ye have heard a cleare deduction of this purpose ; and if it would please my noble Lord Argyle, whom I know hes tane paines to be cleare herein, if it would please his 168 RECORDS OF THE [1638. Lordship to declair if he be satisfied,"we wbuld he glad to heare him. ' ' -' ' " ' Argyle said — Indeed I cannot ' deny hut all this tyme, both before the Confession wtts stibscryvitby the Couflsell and since, I have ever fouittd that the question was drawen much narrower nor it was be^ fore ; for the greatest question ever since that tyme hath been only concerning thegoveAitaent of the Bishops, and that will be the greatest* question ; and, I think, for the declaration of any uther thing, we did all show that we could be rtlled'by Jiow of this Assembly : and, since I am requyred to speake, I must not thinke shame* to confesse my ignorance. I neither studied it nor did I see the Bookes df As- Sfembly, and, whenSvferl Was deiliandit of this, I answered I trtjuld'not determinatelie say anything till it should come-to be considered by a'free Assem- bly, and find what was the constitution of the Kirk. At that time I' said,' for aught' I know, 'I said, itwas a lawful! office established by Parliament and lawes'; and I conld not have- thought even [when] the Conunissioner went away, that things had bein so clfear as the^ are, and, for ray 'aaub prtrtj 'it satisfies me ftiUie — that, ' accoi ,i .. ,, ,,, . ' Moderatonr said— There -is a lang tjTne spent, and thefefore we will proceed to state the question — Whither, according to the Confession ' of Faith, as it was'prof«ssedia'thel580;'1581i and 1590, (I keip the words of the Act of GouUSell,' beeaase it is a clause of the explanation of it,) there he any uther Bishops but a Bishop over'a particular flocke ? or, "Whether there be any tobe acknowledged Pas- tor over Pastors, having preheminence oYer the brethren? and, consequentlie,* Whither' all uther Episeopafiie, place, power,' or preheminfemc© is to be removed out of this Kirk? r ' *' ■ 'ii' _■ Abjuration of Episcopaeie. . ,, Then the Eblles were called, and Mr Alex' Kerse said — The ' true sentence and meaning df the Confession* of Faith being made clear by these Assemblies, showes a incompatibili- tie betwixt Episcopall Government and 'Presbyter- iall Power, that they are to be removed^ and abjured out of this Kirk. ' ,...., _, * i. Then the whole Assembly lunariimouslie in one voice^ with the ' hesitation of ane allani^rlie^ voited that Episcopacie should be abjured' and removed out of this Kirk. Then the Moderatour spack — I think' there be nane of us heir but we have beine oftentymes caJl- ing upon the name of God in secrete and open, that he, and he only* who wasable to doe it; would have beine pleased to stay the course of defection that was ' going so fast on. And I think there be-nane of us 'but it was the earnest desyre and wish of, that we might have sene a day td ' have taken to a cdnsideratidn, whether we have transgressed the Covenant of God or'not, andgane oniin'ai'oourse of defection j and now he has granted us the day wherein we may call all mattlers to' a reckoning, which day we much long for; 'and many a tynle have I myselfe besought God tostop this course of defection, and so he hesdone. Many aa-e the mis- eries, burdens, and calamities that hes. beine upon this poore Kirk thir yeares bygone ; and we are scorned by uthers that it was for '4he brecke of the Covenant of God; and we i trust' it shall kythe to the world, when we are dead^ that we haye turned unto him and renewed it againe. 'It rests now that we be thankful! imto our Lord for the same ; and I trust there is nane of us that are come heir with ane honest mynd, but they ■svould have bought this day at a* deare iate, and -given a deare pryce for this voiting, whilk God hes done far beyond our de- serving or expectation — and our adversaries neid not to' say that it was the voites of a number of Gentlemen -and Elders that carried it away; but, blessed be God, that MiiriistetB and everie ane heir present,' vrith great unailimitie, hes * gdne' together without any contradiction', Winch is a matter of ad- miration, and a wondef of wonders, for the wliilk we know no^ what 'we shall rander unto our graceous Ijord. Therefore we will not medle with any uther purpose, but goe altogether and give heartie tliankes unto our Lord for 'this liarmony. /.,,'- S^sp, l7._Dec' )0, 1638. 1 After prayer to God, n I'Mr John Row declaired— Thst a brether sone of his,> who bad bein in Germany and Pol!'* these 18 yeiiies'bygane, was •mlling, with heart and hand, to subscry ve the Covenant,' which the Assemblie wi!!- iiiglifejaccepted. Then there was a Conmlittie appoynted for gath- ering and' viewing' any overture that was to be made for good order ' of the Churcli in tynre comeing, ■when we -had removed some of the cheefe corrup- tions — namely : ' Mr John Adamsone, Mr John Row, Mr James Sibbald, Mr Jolin Moncreife, Balmerino, Kinliet, Auldbar, James Cochrane, Gilbert Gourfay, ' Moderatour said — We must begin where we endit'ou' ^tmday and goe forward in that worfce. There is ane great mouutaine removed, blessed be our Lord, who have done it. Ye know that in the explanation of our subscribit Confession of Faith, we did oblisdhe ourselves to forbeare the practice of all novations or approbation of the corruptions of the'pubiict Gdverntnent of the Kirk till a free General! Assemblie, whibh hes beine done con- -scientiouslie by mS,ny; and now, blessed be our lord, and blessed be he ten thousand tymes ! and great reason have we to bless him more — ^and I hope the posteritie that hearesofit shall call it a happie work that is past^hes bein done without any contradiction of the voites of the Assembly. Xow it rests that we goe to the uther parte— the Inova- tions alreadie introduced. As for the Service Booke, Camions, &c., the Assembly hes declaired their judgement of them. By the innovations introduced, I mean, principallie, the Fyve Articles of Perth AsSemblj-, which now is null, and, by consequence, they must fall ; yet we are obieist to hear the judge- ment of the Assembly anent these novations, and, to the end ye may be prepaired for voiting, ye shall heare something red concerning these nova- tions ; which the Clerk tooke and red. After read- ing the first concerning Festival Dayes, The Moderatour said— It is knowne that a fes- tival! and :ho!y day hes, first, a cessation frae a' warkes ;* 2, There is some service ordained to be done where tliere is feasting, rejoyceing, or hilari- tie, as it is c&Ued. That commonlie is called a fes- tival! day. Ye know the Apostles doctrine con- 'cernlng' these dayes; and, altho' there hes bein great dispute abdut them, I think the brethren hew present are to satisfie what to think concerning them; There is three words that the Apostle uses. Tile first is to jttdge of a holy day— that is, to men- taine it in our judgements. The second imports, that we affect it because we esteime of it ; and thirdlie is, to proceid from our estimations and af- 1638.] KIRK OF SCOTLAND. 169 fection to observe it. Indeed the common and rude sort gave an estimation of ane day above aue uther : as Baronius sayes — ane yeird of ground is more fertile then ane uther, so there is some dayes produces better effects then ane uther — as the day of Christs resurection, assension, &o. ; and I thinke there are none heir that are judicious, but they can answer to this, and then truelie ye would consider that the Kirk of Scotland is utlierwayes obhssed, as ye see by that which is red, tlien uther Churches. All uther Churches, except the Church of England, and even in it before the latter tymes, it would appeare that they rather speake of these dayes as tollerable then as a contendable observation ) and, becaus they cannot amend it and the Church purged, therefore they excuse it. But, for us, we blesse God that our Reformers hes gone so far on as to purge out those dayes from this land. We are not to judge of uther reformed Churches, but to con- sider what is expedient for ourselfes. I have beine grieved many tymes to see the writtings of some divines, upon the Sabath day. They divide holy dayes, in ordinary and extraordinarie dayes, and anniversarie holy dayes, weeklie dayes, and the Lords day. Anniversarie are Pasche, Zuill, &c. ; and is it not a fearful! sort of divinitie to matche these dayes with the Lords day ? What dispute hes beene concerning these dayes thir yeares past, ye are not unacquainted with, and ye perceave wh.atis attributed- to these dayes of mens institution. Even als much is derogat from the Lords day ; and there- fore, if any of you hes any scruple to propone, there is now a tyme wherein ye shall be heard. Mr John Row said — Truelie I am perswadit, in my soule and conscience, that, if the Bishops had not beine raised up amongst us, the memorie of these dayes had beui utterlie abolisched, both out of their owne hearts, and hearts of people ; and therefore let thera goe with the Bishops, in Gods name. Then the Clerk proceidit in Kneilling at the Com- munion ; and, as some things were cited out of the treatise before the Psalme Booke, printed at Aber- den, 1625, where prayer is made against hyreling Papists, that God would confound them. In these that are printed at Aberden, Papists are left out. In ane uther prayer, these words, " the Romish Idol," are left out in reading. Then Doctor Guild, in Aberdene, desyred that the printer might macke accompt of it, who had bein the occasion of that. And after the Clerk had endit concerning kneilling, These considerations (said the Moderatour) are not presented to yow concerning the gesture of Sa- crament in generall, or concerning kneilling in uther places, but what we should think of it in Scotland, according to the order of our Church ; neither doe we yet begin to dispute the question, but only this —Whether it ought not to be removed according to the Confession of Faith, and according to the order of the Kirk of Scotland ? Then the Clerk proceidit in reading concerning the privat administration of the Sacraments and Confirmation. Mr John Row said — As for Confirmation, it is one of the five bastard Sacraments, and is expressed in our Confession ; and seeing Episcopacle is con- demned, the imposition of their handes falles lyke- wayes. Moderatour sayes — I remember againe how cir- cumspeetlie and warilie we have gone on in this bus- sines ; not censuring uther Churches, but wishes all thinges may be regulat weill in our owne Church. Neither goe we to trouble any mans conscience with idolatrie, superstition, or any uther thin<' of that kynd. The question shall he this — Whither or not, according to the Confession of Faith as it was professed in the year 1580 and afterward, fes- tivitie dayes, kneeling, &o., are abjured, and ought to be removed ? And if any of the brethren lies any thing to say to cleare this matter, say it. Mr David Did; said — The first year of my min- isterie, when thir thinges began to be agitat, we wer tryed with alse subtle distinctions and insinuations as could- be ; and, when the matter was brought before our Presbitrie concerning preaching at Zuill Day, the question was made. Whether it was law- ful! to preach that day or not ? Whereupon I resolved to take the narrowest way I could to try if there were superstition in it ; and I waited till the people conveined that day, having no advertisement of any thing to be spoeken from me, but only the ordinar course of prayers. And there I fand the Kirk fuller than ordinar ; quherupon I tooke occa- sion to preach against the idolatrie that was !yke to break foorth ; and this I fand to be exponed atliort the countrie for a Zuill preaching ; and out of that I learned to make a distinction betwixt the act and honest intention of some that were slidden aff their feet ; ffor they sett downe the act ane way, and pleadit for them ane uther way, and they were prac- tised a third way. I speake not this to excuse the wrong that God hes gotten, but only to excuse some honest mynds a tanto onlie. Moderatour said — In S' Androwes, where I live, they jjrofesse that they keepe holy these dayes only in tyme of preaoliing, and yet they have a great bell tliey ring on these dayes. Lowdoun said — There is ane tiling not to he for- got, that, upon tlie humble petition of tlie subjects unto the King, the Kings Majestic hes beene pleased in these Articles given in be his Commissioner, to discharge these thinges by a real! edict ; and, withaU, did offer to the consideration of the Assembly what thinges they thinke fitt to be represented unto the Parliament ; so that none neids to soarre at that. Not only is the Assembly at Perth, which gives Aictoritie to them, null, but if any fear the sanction of the civill law, they are abrogat by it also, and full power given to present unto the Parliament what ye thinke farder fitting to be requyred. And for the thinges themselves, let men think of them as they will. The tries are knowne by their fruits. What fearfuU obstractions they have bein, usher to all thir thinges that are come since ? Moderatour said — Indeed they have made way for the Service Booke, and are priucipall limbs of it. Mr Andrew Ramsay said — I allow altogether and think it expedient, that these Articles be removed ; but for the information of some I will speake a little. First, What is a holy day ? There is twa things to make up a holy day. The first is the command- ment of God ; the second is the dueties commandit to be performed that day. This may be evinced and cleared out of the fourth precept — " Remember to keep holy," &c., and thir twa is includit in the same precept — " He rested" — there is a cessation from worke — " and hallowed it" — that is dedicat to holy uses ; therefore a cessation from a' worke, and a dedication to holy uses, makes up a holy day. So these three makes up a holy day — a command- ment, a cessation, a dedication. Now for kneilling at the Communion, it is dissonant to the practice of Christ, and discrepant from the practice of the Kirk ; and for the action, a Papist could say that the action of the Communion being ane action of joy, we should not use a humble gesture. If a 170 RECORDS OF THE [1638. Papist conclude thus, much more we. And for privat Baptisme, it is not to be understood when it is ministred in the church or at publict prayers, but when it is ministred in a privat house ; ffor in countrie kirks there is sett doune preaching in week days. As for Confirmation, I altogether condemne it. Mr Robert Baillie said — For the removing of the Articles of Perth out of the Kirk, I heartilie con- sent unto it ; but to remove them as abjured in the Confession of Faith, so that they all shall be abjured who practised them, I doe not think. . Then the Moderatour stated the question of new againe, and desyrit Mr Robert Baillie to tell his opinion when his voice was speired. Then the Rolles were called. Mr Alex' Kerse said — All these Articles being at once dead in this Church, had bein revived and preached again by some unlucky birds, becans it makes for their purpose ; and the more that stuff abounds, it addes the more to the vaine lusture and glorie of their Episcopacie, which had neid of much fairding and learning ; and, if so be, we should take them from these falcities and idle toyes, it would he- fall to them as the Poet said, '' Moveat cornicula risum aurtivus undata coloribus ; and so with heart and affection, I send them, and the revivers of them, both ane way ; for they are abjured by the Confes- sion of Faith, and therefore are to be removed. Moderatour said — I thinke there is no question ; but if the question had been made to the Generall Assembly when the Confession of Faith was sub- scryved, "Whither they shall observe Kneilling, Pasche, Zuill, &c., but many would have declaired negativelie ; and if ever they had thought that they should have bein introduced upon this Kirk, they would have bein more particular in it, albeit the generall is cleare enough, as it is cleare by the inter- pretation of the Confession of Faith according to the Acts of the Kirk, that they are abjured, and therefore to be removed. And, trueUe, considering the great woe they have brought in this Kirk, we have verie great reason to rejoyce in God, and to give his Majestie heartiethankesthat hes brought us to this comfortable conclusion ; and ye may see how comfortable a thing it is for brethren to meit to- gither thus in ane Assembly, whereof we have bein depryved thir many yeares, and that these Articles hath bein the caus of this division. It is notour how many honest and faithfull servands of Christ hes bein put from the ministrie, to verie hard shifts, and are not yet admitted, of whom I thinke notice should now be taken ; ffor in allhaloiontymes, when sore troubles were blowen over the head of Gods Kirk, there hes bein still notice taken of these whom God made sufferers ; and ye know how many of ourselves hes bein threatened to have bein put from our places ; and if they had gotten their will, there had bein few honest ministers left in the land ; and therefore we have caus to blesse God that we are delivered from these corruptions. Then there was a letter produced from the Bishop of Ciithnes, declairing that the caus of his not com- ing to the Assembly was his bodilie sicknes and his extreame disease, wherein he acknowledges the law- fulnes of the Assembly, and declaires that willinglie he had subsoryved the Covenant ; and it was found that he had not subscryvit the Bishops Declina- tour. My Lord Weymes declaired — That he had bein at the Bishop of Glasgow ; and he said that the Bishop regrated that he had put his hand to the DecUnatour, and told that he had intention to come to the Assembly, but the Commissioner diswaded him ; for DecUnatour, sayes he, they urgit him with it, and he did it in great suddentie, and repents it ; and said he would take his hand from it were it not that it would be disgraceful to him ; and when I desyred him to give two lynes under his hand de- clairing his submission to the Assembly, he said he bad not his wittis about him, and desyred the Assem- bly that he should be dealt with as those who had submitted themselves. And the Assembly answered, that since he was amongst the subscryvers of the DecUnatour, he behoved to have his owne place. [Bishop of Edinburgh.'] Then there was Articles of Accusation given in against Mr David Lindsay, pretendit Bishop of Edinburgh ; and he was called upon and his pro- curator, and his proces red, and probations thereof. Then Mr Andrew Jaffray and Sir John M^Kenzie declaired that they saw him bow to the altar. Mr Andro Kerr and [George] Dundas saw him dedicat a kirk after the Popishe maner. Then the Rolles wer called. Mr Alex' Kerse said — He is a violent brecker doune of the hedge whereof I spacke the last day ; and, seeing he continowes obstinat, let the sentence of excommunication byte him. And the whole Assembly in one voyce voited to his deposition and excommunication. Then the Moderatour said — Ye see the Assembly agries, without a contrare voit, that he shaU be deposed from his present office of Episcopacie, and from all function of the ministrie. I am perswadit that this Assembly is seeking their salvation allan- arlie ; and we know no other remeadie for gaining their soules but this only ; therefore let us doe it out of compassion to the Kirk of God and him also. [Bishop of Aberdeen.'] Then the Bishop of Aberdeines proces was red, and the probation thereof. Mr John Row declaired, that he subscryved the Protestation given in to the Parliament 1606, and that there was no man more against Bishops in the toune of Stirling nor he ; and he was mightilie offendit at Mr John Grahame, who was takmg a bishoprick ; and, since that, all the brethren here present were in mynd he should be given to the Divell for betraying the liberties of the Kirk ; yet, nevertheless, he was the man that tooke out the bishoprick out of Mr John Grahames hand. I remember when he subscryvit the Protestation, he subscryvit verie neir the end of the paper, and it began to weare ; when he began to get the bishop- rick, we said he was going to loupe the dyke. The Moderatour said — Mr Patrick Symsone said to me, he never lyked Mr W™ Coupar, and Mr Adam Ballantyne ; for they were too violent against Bishops, without any light, or good reasons ; and, therefore, he feared that they should never be con- stant. Auldbar and Mr David Lyndsay declaired that they, being in the Bishops house, when Auldbar said, " The only meane to take away abuses and disorders in this Church was a free General Assem- bly," he arose in a great flame and passion, and said, " The first article that he would make then will be to pull the crowne off King Charles head." Moderatour said — Though his hand be not at the Declinatour, yet he has not submitted himselfe to the Assembly, and this would be considered beyond the rest, (I may call it so,) his apostacie ; for the being once of our opinion, and now so far degenerat, that he is become osor sui facii. Mr Andrew Cant said — There entered a contest 1638.] KIRK OP SCOTLAND. 171 betwixt Craigievar and this Mr Ballantyne, con- cerning the patronage of the Kirk of Kinghorne, and was long agitat before the Lords. Alwayes Craigievar presented a Casing of his, and the Bishop impedit him, pretending that the King had the right, and, consequentlie, the Bishop of Aberdeine. At last, the Bishop gave Craigievar 160 merks to desist, to the end that the Bishops sone might get the place. Mr Thomas Mitchell declaired that he was pre- sent by accident when he did consecrat a chappell, the chappell being richlie hung, and all the rest of it. The lady came in, and gave him a catalogue of the tilings that are within, which she had wrought with her owne hands, and desyred that they might be dedicat to God, and so delyvered the key to the Bishop, who went in and preached a sermon of con- secration, and baptized a child, and then went to their feisting. His text was upon Solomons dedi- cation of the temple. Then the roUes were called, Mr Alex' Kerse said — Besyde that he is guiltie of the breake of the Caveats, there are many grosse faults proven against him ; and therefore, albeit he hes not subscryvit the declinatour, he deserves de- position and excommunication. And the whole As- sembly voited the samine, except Mr Richard Inglis, and two or three more, who voited oulie to his depo- sition, IBishop of Ross,'] Then the Bishop of Ross was called on, and his procurator, and proces red and the probation thereof. The Provest of Dumfries said — That when he was in their tonne on the Sabbath day, they ex- pected his comeing to the kirk, and layd cushoons for him ; yet he came not, but went to a excommu- nicat Papists house, and stayed all day, Lowdoun said — He was sent up to Court by the Counsell of the Bishops for the Kirk, that order might be tane for Papists ; and, instead of that, ho brought doune Articles from them, and newis came to this toune to give in the Bishops Declinatour, Then the roUes were called. Mr Alex' Kerse said — He is the vive example and perfyte paterne of a proud Prelat, and enters in composition with the Pope himselfe ; and, there- fore, let him have his due deposition and excommu- nication. And the whole Assemblie, in ane voice, voited the same. ^Bishop of Dumhlane.'] Then the proees against Mr Ballantyne, pre- tendit Bishop of Dumhlane, and the probatione thereof, was red. The rolles were called. Mr Alex' Kerse said — I heard, of late, a notable sermon by a brother in Edinburgh, wherein he sent him to the land of Nod : and let him be sent there and arreasted there, with deposition and excommu- nication. And the whole Assembly, in ane voyce, except Keir, voited the same. Then the complaint ag' Mr James Forsyth, min- ister of Kilpatriok, was given in; and, efter the reading of the proces, and probation thereof. The Moderatour said — I think there is two great faults in that proces ; that, upon the Saturday be- fore the Communion, (at night,) the Sunday morn- ing, he was writting of summonds to send athart his paroche ; and, upon the Sabbath day efter the first sermone, when the tables were going to serve, he brought ane Officer at Armes to the end of the communion table, in presence of 1600 communicants, and caused' him reid Letters of Homing. And lykewayes he hes both deolyned the Presbitrie and the Assemblie. He is alreadie suspendit ; and, therefore, ye are to give your judgement whither he merits deposition or not ? Then the roUes were called, and the whole As- semblie voited to his deposition. Moderatour said — We hope God shall give him repentance, that he may make use of his gifts after- ward ; but, for the present, I, in name of the As- semblie, discharge him from all function in the ministerie, and declaires his place to be vacant. Sess. 18.— Deo' ij, 1638. After in calling upon the name of God, The Mod' nominat some for clearing of the proces against the Bishop of Cathnes ; Alex' Monro, Mr W™ Gray, Mr George Gray, Mr [George] Leslie, Mr John Murray of Pennyland, to couveine at my Lord Eglintouns lodging. [Bishop of Orlcney,'] The Moderatour said — ^There are heir two writes come in my hand concerning the Bishop of Orkney. The ane may be proven by witnes in this house, and the uther is more large, punctuallie deduced and subscryved be 12 ministers of Orkney. If the generall satisfie you not, ye shall heare the particu- lar. Then Mr George Grahame, pretendit Bishop of Orkney, was called on, and his proces red, and pro- batione thereof. After the reading thereof, The Moderatour said — Ye see what he hath com- mitted against all the Caveats, and what tyrranicall usurpation he hath exercised above the ministrie, and many uther particulars which ye heare in the proces ; and, notwithstanding of all this, he hath be his letter offered a kynd of submission to the As- sembly, in saying, if God spair his lyfe, he will be readie to doe and answer whatever the Assembly shall impose and requyre ; and, lykewayes, he hes not subscryved the declinatour, and, therefore, it would seeme that he deserves not such a sentence as some uthers. Mr Walter Stewart objected that there was no- thing in his letter which could import a formall submission ; but was rather to be understood of his intention to answer to what was to be layed against him. It was answered by my Lord Lowdoun, that it was a materiall submission, howbeit not formall ; and to this answer the Assembly applaudit. Furthermore, Mr Walter Stewart declaired, that he had gotten information, under the clerks hand writt of Leith, that there was a gentlewoman there present delivered of a childe, and she declaired that Mr Patrick Oliphant, minister at Scheitland, sister sone to the forsaid Bishop, was father to the chyld, and this the Bishop linew before Lambes, and, not- withstanding, tooke no order therewith. Then the Moderatour answered — Whither or not the pretendit Bishop of Orkney, (not having sub- scryved the declinatour, and given in a materiall submission to this Generall Assembly,) should be deposed, or have any further censure ? To the which, after calling of the rolles, the Assemblie did agree ; and, farder, if he did contiuow obstinat, he should be excommunicat. [Bishop of Murray.'] Then there was given in a proces against Mr John Guthrie, pretendit Bishop of Murray, wherein it was found that he had transgressed all the Caveats. It was objected that the Assembly could not pro- ceed against him, in respect he was not personallie 172 RECORDS OF THE [1638. sumraondit. The clerk answered that he had sura- monded him at the Kirk of Edinburgh and Leith, the ordinarie places of citatione in ecclesiasticall causes. 2'"'°, That he was pergonallie summonded ; but the executions of the summonds was not pro- duced ; S""'", It was answered, that the 2 Caveats obleissed every ane of thein to cOinpeir before everie Assemblie, to make aceoniXJt of their doings; 4, That the protesthltione was sufficient, protesting that it might be' instead of summonds for them. Mr Andrew Cant said that he knew him to be a common ryder on the Sabbath day, and lykewayes that he was a prettie dancer, as Mr Thomas Aber- nethie can festifie. At his daughters brydell, he danced in his shirt. Lykewayes, Mr Andrew said, that he conveyed some gentlewoman to a chappell, to make a pennance, all bair footed. This Mr Thomas .-iberiiethie declaired to lie of trueth. Mr Frederick Carmichaell said, that the Bishop being, by occasion, ryding from the church on the Sunday morning, he was desyred to stay all the, night, becaus it was the Sabbath day. He answered, he would borrow that piece of the day from God, and be as good to him some uther gate. The Moderatour said — I think, though he lies not subscryvit the declinatour, yOt deposition should passe against him, if the Assemblie thinks it good ; and, if he declair his contumaoie a;fterward, when the sentence of the Assemblie comes to his hearing, they will declair that he shall be worthie of excom- munication. Then the roUes were called. Mr Alex' Kerse said — His not subscryving the declinatour deserves some mitigating consideration. Therefore, I think he should be deposed for the pre- sent, not exeeming him from excommunication, if he continow obstinat ; for he deserveth both : and the rest of the Assembly voited the same. Some voited that he should make his repentance in the church of Edinburgh, where, he said, he w'* be more vyld in the eyes of uncals, for the pleasure of his king. Twelfe did voite he should presentlie be ex- communicat. [BisAop of Glasgow.'\ Then the Bishop of Glasgow was called on, and his proces red. Mr David Lindsay said^I and Doctor Guild went in to him, and we represented unto him the fear- full caice he was in till that he did submitt himselfe to the Generall Assembly, and pas from his declina- tour. He began to make a numeration of the good turnes he had done in favours ot this Kirk against Papists, and requeasted the Assembly, for Gods caus, that the sentence of excommunication might not be given out against him till the latter pairt of the Assembly. The Moderatour said — It would seem that, not- withstanding the Assembly shall find him worthie of excommunication, yet, if betwixt the decreit and pronouncing of the sentence, he shall give his sub- mission, the sentence of excommunication shall be suspendit. Mr George Young declaired — That my Lord Lindsay Sinclair, Mr Andrew Ramsay, and him- selfe, had bein presentlie in at the said Bishop, and whillas, by your Lordships advyce, he was condescending upon some doctrines for satisfac- tion of the Assemblie, the said Mr George Young declaired that he drew up a writt what he was speaking and gave it to himselfe to read, and, as he was reading it, he swarfed ; and, after that, he pro- tested that he could not take it to his consideration for that tyme, and therefore besought the Assem- blie, for Gods caus, to delay the sentence for the tyme, and desyred that his former lyfe would be tane notice of, and that he was never violent in urging the novations ; and, for the declinatour, he said it was not only offered unto him, but he was commandit to subscryve it. The Ministers of Glasgow answered — That there was no man more violent in urging the Service Booke, &c. Mr Alex' Spittall declaired that the said Bishop did transport two Ministers at his oune hand, with- out the advyce of the Presbitrie or Paroches. Then the roUes were called. Mr Alex"' Kerse said — It is a heavie matter that ane of his age should choose to die under a value title of honour, and to cast him under the danger of such a unhappie viaticum, and not rather to joyne himselfe with this honourable Assemblie. My opin- ion is, that he be presentlie deposed, and, if he did not submitt himselfe to the Assemblie before it end, let him be excommunicat: Then the rest of the Assemblie voited that he was worthie of deposition and excommunication, but that his excommunication should be delayed, to try if he would submitt himselfe. Bishop of Argyle. Then the pretendit Bishop of Argyle, Mr James Fairlie, was called on, and the Articles proven, before the Committie, wer red : whereon it was found that he had broken the Caveats, and uther guiltinesse beside. Moderatour said — There are diverse degries of guiltinesse, and, proportionallie, there should be de- gries of censures ; and, if the Assemblie thinke good, let these be deposed, and, upon their repentance, let them be receaved to the Ministerie. Then the rolles were called. Mr Alex'' Kerse said — It is said of one that he was so vigilant a Consul that he sleeped nane all his tyme, for he was entered in the morning and put from it ere night. So was it with this Prelat ; for he sleipit but few nights in his Episcopall nest, and was not Weill warmed in his Cathedrall chyre, whill both chyre and cuschane was taken from him. Therefore, depose him only ; and, if he obey not the sentence of the Assemblie, let him be excom- municat. The Assemblie voited the same. Bishop of the Isles, ^c. Then was the Bishop of the Isles called on, and his proces red. The rolles being called, the As- semblie did all agrie to his deposition ; and, con- cerning the order of his repentance or excommuni- cation, let it be thought upon .ifterward. The Assemblie concludit that the Billes should come in only according to the order of the rolles. A reverend Father, Mr William Livingston, Minis- ter at Lanark, gave in his excuse to the Assemblie. Because of his sioknes he behooved to retire hame, and cravit leave of the Assembly, whilk was granted. Then the Complaint was given in against D. Andro Lawmont ; was remitted to the Presbitrie of Kirkcaldie, and the Commissioners of Coupar and S' Androwes were joyned to them. Then there was a proces given in against Mr John M^Naught, Minister at Chirusyde ; and, after the calling of the rolles, the Assemblie voited that for deserting of his Paroche, declyuing his Presbi- trie, and preaching of Arminian doctrine, he abso- lutelie should be deposed, and his kirk declaired to be vacant. The proces against Mr Francis Harvie was re- ferred to the Commission at Edinburgh. 1638.] KIRK OF SCOTLAND. 173 Then Mr Thomas Fosters proces was given in, containeing many grosse and blasphemous poynts ; and, after the calling of the roUes, the Assemhlie voited that such a minister as he should be put off in a singular manner, and. deposed from the miuis- terie. Sess. 19.— 12 Dec' 1638. Bishop of Dunlcell, After prayer to God, there was a letter red, from Mr Alex' Lindsay, Bishop of Dunkell, wherein he had declaired, that he had subscryved their Coven- ant—that the Assemblie was lawful! — and that he submitted himselfe to it, and suppUcat the Assem- blie that he might die a Miaister at Lyneydors. After that his proces was red. The Moderatour said — Ye heare what is said against him — the common Episcopall transgressions, and many grosse thinges besyde|; and it would seeme verie hard that he should be continowed in the Ministerie, except he make his publiot repentance, and make some discourse of the Corruptions of the Kirk ; and, if he be not able to come to the kirk, let some brethren of the Ministerie, of the gravest num- ber, be sent to him to be witnesses of his recanta- tion and repentance. Then it was questioned whether the foresaid Bishop should be deposed from the Bishoprick, and all functions in the Ministerie, or whether he should be deposed from his Prelacy only, and, according to his desyre, continowed Minister at Lyneydors ? Mr Andrew Cant said — I lyke the Bishops notion Weill, that desyres to die a Minister ; but it is to be feared that he have respect to his owne credit and meanes, as in former tymes, and »o many poore saules disappoynted. Mr David Dick said — If we believe that Episco- pacie is such a wrang to the Crowne of Christ Jesus, and to this Kirk of Scotland, and we believe that the making of so many saules to starve you way, it is a liloodie sin before God. We must have a spe- ciall cair of restoiring God to his honour ; and, therefore, how sicke snever he be, he can write a letter of his full dimission and repentance, uther- wayes let him be deposed and e.xcommunicat. Lowdown said — Howbeit he had sent a formall dimission to the Assembly, it is necessar to use de- position, and, I thinke, what is done heir should be drawen up and sent to him, that he may make his dimission formall, and may restoir what he hes wrongouslie detained pertaining to the Kirk. After much reasoning to and fro. The Moderatour stated the question — Whether or not upon his dimission, which is singular, he shall be deposed, not only from his Prelacie, but from all function of the Ministerie ? Then all the rolles were called, and all the Assemblie except 20, resolves upon this — That he shall be deposed from his Episcopa- cie ; yea, and from the exercise of all Ministerial! function, till such tyme as he satisfie by his paines these who are sent unto him by the Assembly, whose names follow : — Mr Robert Murray, Mr Jolin Eobertsone, Mr Alex' Pctrie, Mr George Muschet, Mr W"" Menzies, Mr George Symmer, Mr John Robisone; the quorum fyve. The provyding of the kirk of Lyneydors, and a competent allowance for it was referred to the Presbitrie. [Bishop of Cathnes.] Then the Articles against the pretended Bishop of Cathnes was given in. After the reading thereof, tliere was some of his noble friends desyred that lie might be continowed in the functione of the Mi- nisterie since he hes ackuowledgit the Assembly and subscryvit the Covenant. Lowdoun saily, VJ August, anent the causes of our by gone evils. I John Ea,rle of Traquair, His Majesties Commis- , sioner in this present Assembly, doe, in His Majesties Name, declare, that, notwithstanding of His Majesties own inclination, and many other grave and weightie considerations, yet such is His Majesties incomparable goodnesse, that, for settling the present distractions, aud giving full satisfaction to the Subject, He doth allow, like as I, His Majes- ties Commissioner, doe consent to the foresaid Act, aud have subscribed the premisses. Likeas His Majesties Commissioner read and gave in the Declaration following : — IT is alwayes hereby declared by me. His Majes- ties Commissioner,, That the practise of the premisses, prohibited within this Kirk and King- dome, outwiththe Kihgdome of Scotland, shall never bind nor inferre censure against the practises out- with the Kingdome; which,! when the Commissioner required to be insert in the Register of the Kirk, and the Moderator, in name of the Assembly, refused to give warrant for such practise, as not agreeable with a good conscience. His Grace urged that it should be recorded, at least that he made such a Declaration, whatsoever was the Assembhes Judge- ment in the contrair : And so it is to be understood to be insert here onely vooitativet Act ordaining the subscription of (he Confession of Faith and Covenant, with the Assemblies De- claration. THE Generall Assembly, considering, the great happinesse which may flow from a full and perfect Union of this Kirk and Kingdome, by joyn- ing of all in one and the same Covenant, with God, with the Kings Majestie, and amiongst our selves, having, by our great Oath, declared the upright, nesse and loyaltie of our intentions in all our pro- ceedings, and having withall supplicated His Majes- ties high Commissioner, and the Lords of Ijls Majesties honorable Privie Councell, to injoyn, by Act of CounceU, all the Lieges in time com- ing to subscribe the Confession "of Faith and Covenant, which, as a testimony of our fidelity to God and loyaltie to our King, we haVe subscribed : And seeing His Majesties high Commissioner, and the Lords of His Majesties honoralple,, Privie Coun- cell, have "granted the desire of our Supplioationj ordaining, by eivill authority, all His Majesties Lieges, in time comming, to subscribe the foresaid Covenant, that our Union may be the more full and perfect. We, by our Act and Constitution Ec- clesiasticall, doe approve the foresaid Covenant in all the Heads and Clauses thereof, and ordaines of new, under all Ecclesiasticall censttrej that all the Masters of Universities, Colledges, 'and Sehooles, all Sehollers at thepassing of their degrees; all per- sons suspect of Papistry, or any' other errour, amd, finally, all the members of this Kirk & Kingdome, subscribe the same with these words prefixed to their subscription : " The Article of this Covenant, which was, at the first subscription, referred to th^ determination of the Generall Assembly, being, de- termined, and thereby the five Articles of Perth ; the government of the Kirk by Bishops ; tie eivill places and power of Kirkmen, upon the reasons and grounds contained in the Acts of the Generall Assembly, declared to be unlawful! within this Kirk : we subscribe according to the' determinatio!n ' fore- said." And ordaines the Covenant, -with this Deelaf- ation, to be insert in the Registers of the Assemblies of this Ku'k, Generall, Provinciall, and Presbyter- iall, ad perpetuam rei memoriam ; and, in all humility, supplicates His Majesties high Coinmis- sioner, and the honourable Estates of Parliament; by their aiithoritie to ratifie and injoyne the same, under all eivill paines, which will tend to the glory of God, preservation of Religion, the Kings MajesJ ties honout, and perfect peace of this Kirk and Kingdome. ' Ang. 30. 1639. Act anent Appellations. THE Assembly appointed, that; in all time here- after, no Appellations should be, leaping over either Presbyterie or Synod, but to ascend by degrees as from the Kirk Session to the Presbytry, or from the Presbyterie toi the Sydod, and from the Synod' to the Generall Assembly, except it- be after the Synod be past, a,nd immediatly before the General! Asseinbly; or in the time thereof, emd renewes all former Acts made to tliis efi^ect. Act anent advising with Synods and Presbyteries before determination in Novations. ' THE Generall Assembly, considering .that the intended .Reformation being recovered, may be; established, Ordaines, that no Novation which, .may disturb the peace of the Church, aud m»ke diyisionj!. be suddenly proponed and enacted i But so as the motion be first communicate to the several! Synods, Presbyteries, and Kbks, that the matter may be approved by all at home, and Cpmmisgiouers may come well iprepared, unanimously to conclude a solide deliberation upon thege points. in the ciene- rall Assembly. .,,, ,, ,,j Act anent Ministers Catechising, and Familie^ '/ ■ '"' ' JExercises. 'I''- ■' '' - '• j ' THE Assembly, considering that the Ipngiyaited- for fruits of the Gosjiel, so mercifully planted and presej'ved in this Land, and theReformation of oflr selves and Families, so solemnly vowed, to God. of late in our ffjovqnan^ oannpt taj^e efiect, e.\oept the knowledge and worship of God be carried from the Pulpit to every family withiu each Parish, hath 1639.] KIRK OF SCOTLAND. 209 therefore appointed, that every Minister, besides his paines on the Lords day, shall have weekly catechising of some part of the Paroch, and not altogether cast over the examination of the people till a little before the Communion. Also, that in every FamUie the -worship of God be erected, where it is not, both Morning and Evening, and that the Children and Servants be catechised at home, by the Masters of the Families, whereof accompt shall be taken by the Minister, and Elders assisting him in tlie visitation of every Family : And, lest they fail, that visitation of the severall Kirks be serioudy followed by every Presbyterie, for this end among others. The execution and successe whereof, being tryed by the Synods, let it be represented to the next Generall Assembly. Sess. XXIV. 30. Aug. a meridie. Tlie Assewhlies Supplication to the Kings Majesiie. Most Gracious Soveraigne, WEE, Your Majesties most humble and loyall Subjects, the Commissioners from all the parts of this your Majesties ancient and native Kingdome, and members of the Nationall Assem- bly, conveened at Edinburgh by your Majesties special! indiction, and honoured with ,the presence of Your Majesties High Commissioner, have been waiting for a day of rejoycing, and of solemne Thanksgiving to be rendired to God by this whole Kirk and Kingdome, for giving us a King so juSt and religious, that it is not only lawful! for us to be Christians under Your Majesties government, which sometime hatli been tlie greatest praise of great Princes, but also that it hath pleased Your gracious Majestic to make linown that it is Your Roy- al! will and pleasure, that all matters Ecclesiastical! be determined in free National! Assemblies, and matters civil! in Parliaments ; whicli is a most noble and ample expression of Your Majesties justice, and we trust shall be a powerful! meane of our com- mon happinesse under your Majesties most blessed Raigne. In tlie mean while we doe most humbly, upon the knees of our hearts, blesse your Majestic for that happinesse already begun in the late Assembly at Edinburgh, in the prbceedings wliere- of, next under God, we have laboured to ap- prove our selves unto Your Majesties Vice-ger- erit, as if Your Majesties eyes had been upon us, whieh was the desire of our soules, and would liave beene the matter of our full rejoycing, and doe still continue Your Majesties most humble .suppli- cants for Your Majesties civil! sanction and ratifi- cation of the constitutions of the Assembly in Par- liament : That your Majesties Princely power, arid the Ecclesiastical! Authority, joyuing in otae, tliC mutual embraoements of religion and justice, of truth and peace, may be scene in this Land, which shall be to us as a resurrection from the dead, and' shall make us, being not only so farre recovered, but also revived, to fill Heaven and Earth \vith our praises, and to pray that King CHARLES may be more and more blessed, and His thrflne esta- blished before the Lord for ever. THE Assembly appoints the next(ienerall Assem- bly to sit at Aberdeene the last Tuesday of July next, 1640 years. Aiid warneth k\\ pairties. Universities, and Burrows, to send their Commis- sioners, for keeping the samine. And thereafter the Assembly was contltded by giving 6f thanks by the Moderator, and singing of a Psalme, according to the custome. Index of the Pkincipall Acts of the Assembly al Edinburgh, 1639. Not printed.* 1. — The Kings Majesties Commission to John Earle of Traquair. 2 — Election'of Master DavidDickson, Moderator. 3. — The Kings Majesties Commissioners and the Assemblies Declarations anent the Assembly of Glasgow. 4 — Renunciation of Master Alexander Lindsay, pretended Bishop of Dunkell, of Episcopacie. 5. — Commission for Visitation of the Uuiversitie of S. Andrews. 6 — ^Commission for Visitation of the Universitie of Glasgow. 7. — Act reviving former Acts against going of Salt Pannes on the Sabbath day. 8. — Act for drawing up of a Catechisme. 9 — Articles and Overtures to be presented to the ensuing Parliament. 10. — The Report of the Committee appointed for Examination of the Booke called " The Kings Manifesto or Declaration." 11. — The Covenant, or Confession of Faith. 12.-^Act auent the Adjoyning of some Kirks in the He of Boot to the Presbyterie of Denune. 13. — Act Adjoyning some KirliS in the lies of Coil! and TyriS to the Provincial! of Kilmoire. 14 Commission for Visitation of the CoUedge of Abferdeene.'' ' 15.— Commission to the Presbyterie of Edin- burgh. iMfeccIlancous |^i»toi'icaI Bocmncnf», RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND — 1639. 1639 January 18-29. 1. 3Ii3sitie anent tlie King's comitig to York to tlie Privy Coanoil of Scotland.-^- Apud Edinburgh, 29 Januarii 1639. — Sederunt, Thesaurer, Wintoun, Aduocat, Mar, Elphiuston, Tre' Deput, Murray, Naper, Justice G"", Argyle, Clerk Reg', Justice Clerk. The whillc day the Jlissive Letter under written, signed be' the Kings Majestic, and direct to the Lords of Privie Council!, was presentit to the saids Lords and read in their audience, of the whilk the tennor followes : — Charles R Right trusty and right weill be- lovit consine and counsellor, &c.. We griet yow Weill. Whereas we intend to repare, in person, to Yorlc, about Easter next, that we may be tlie more neare to that our kingdome, for accommodating our affaires there in a, faire manor, which course we all- wayes affected, as we ^til! doe : These are to adver- tyse yow of this our resolution, being confident that, in the meane tyme, yow will not be wanting in that which serves th6 good of our service ; and as we sliall acquaint yow frome tyme to time witli our further proceedings ; so, if anie thing occurre wherein yow would advise us, lett us lylcewayes be acquainted therewith, beeaus we will speciaUie rely upon your judgement : And so we bid yow farewell, frome * Although several of tliese Acts are thus said to be " not printed" in the of&cial edition, several of them appeal' in tliat edition, and in the foregoing reprint from it. — Ed, + Privy Council Record. 14 210 RECORDS OF THE [1639. our Court at ■Whitehall, the 18 of Januarie 1639. Sti. Sco. Quhilk missive being heard and considert be the saids Lords, they ordainit the same to be insert and registrat in the booke of Privie Counsell. 1639.— January 26. 2. Letter from the King to the NohilUy of England.* Charles Re:;, Right Trusty and Right Welbeloved Cousin, We greet you well. The late Disorders in Our Realm of Scotland, began upon pretence of Religion, but now appearing to have been raised by Factious spirits, and fomented by some few ill and traiter- ously affected particular Persons, whose aim hath been, by troubling the Peace of that our Kingdom, to work their own private ends, and indeed to shake off all Monarchicall Government, though We have often assured them, that We resolved to maintain constantly the Religion established by the Laws of that Kingdom, is now groweu to that height and dangerous consequence, that under those sinister pretences, they have so far seduced many of our People there, as great and considerable Forces are raised and assembled in such sort, as we have rea- son to take into consideratioa the Defence and Safety of this Realm of England ; and therefore upon due and mature consultation with the Lords of our Council, We have resolved to repaii' in our Roial Person to the Northern parts of this our Realm, there (by the help of Almighty God, and the assistance of our good Subjects) to make resist- ance against any invasion that may happen. And to the end that this Expedition may be as effectual as we design, to the Glory of God, the Honour and safety of Us, and of this our said Kingdom of England, We have directed that a considerable Army both of Horse and Foot, should be forthwith levied out of all the Shires to attend TJs in this Action, wherein we nothing doubt, but the Affection, Fidelity, and Courage of our People shall well appear. In the mean time, we have thought fit, hereby to give you notice of this our Resolution, and of the state of our Affairs, and withall hereby to require You to attend Our Royal Person and Standard at Our City of York, by the first day of April next ensuing, in such Equipage, and such Forces of Horse, as your Birth, Honour, and your Interest in the publick Safety do oblige you unto, And as we do and have reason to expect from you. And this our Letter shall be as sufBcient and as effectual a Warrant and Discharge unto you for the putting of your selfe, and such as shall attend you, into Arms, and Order as aforesaid, as if you were authorised thereunto by our Great Seal of England. And we do require you to certifie Us under your hand within fifteen days next after the receit hereof, what Assistance we shall expect from you herein, and to direct the same to one of our Principal Secretaries of State. Given under our Signet at our Palace of Westminster the 26th day of January in the fourteenth Year of our Raign. Exam. P. Warwick, 1639.— February 15. 3. Tlie King's Letter to tlie Nolility.i' [This letter, though of a later date than the one which preceded it, is precisely of the same tenor, in all respects, and seems, therefore, to have been sent * Rushworth, vol. ii., p. 791. t Ibid, p. 818. as a proof of the Kings settled purpose in regard t« the expedition. It is, therefore, omitted as super- flous. ] 1639.— February 20. 4. Extract from the King's Proclamation.* This proclamation sets forth " How traitorously some of the Scottish Nation had practiced to per- vert his Loyal Subjects of this Reahn, by scattering abroad their Libellous and Seditious Pamphlets, mingling themselves at their publick meetmgs, and reproaching both his Person and Government; That he had never any intention to alter their Re- ligion or Laws, but had condescended unto more for defence thereof than they had reason to expect ; That they had rejected the Band and Covenant which themselves had prest upon the people, be- cause it was commended to them by his Authority ; and having made a Covenant against God and him, and made such Hostile preparations, as if he were their sworn Enemy, and not their King; That many of them were men of broken Fortunes, who because they could not well be worse, hoped by engaging in this War to make themselves better ; That they had assumed unto themselves the power of the Press, one of the chief markes of the Regal Authority, prohibiting to Print what he commanded, and commanding to Print what he prohibited, and dismissing the Printer whom he had established in that Kingdom ; That they had raised Arms, hlockt up and besieged his Castles, laid Impositions and Taxes upon Ins people, threatned such as continued under Loyalty, with force and violence ; That they had contemned the Authority of the Council-Table, and set up Tables of their own, from which they send their Edicts throughout all parts of the King- dom, contrary to the Laws therein established, pre- tending in the mean time that the Laws were vio- lated by himself ; That the question was not now, whether the Service-Book should be received or not, or whether Episcopacy should continue or not, but whether he were King or not ? That many of them had denied the Oaths of Suprem.acy and Allegiance (for which some of them had been committed) as inconsistent and incomptable with their holy Cove- nant; That being brought under a necessity of taking Arms, he had been traduced in some of their writings for committing the Arms he had then raised, into the hands of professed Papists, a thing not only dishonourable to himself, and the said noble persons, but false and odious in it self ; That some of power in the Hierarchy had been defamed for being the cause of his taking Arms to invade that Kingdom, who on the contrary had been only Councellors of peace, and the chief perswaders (as much as in them lay) of the undeserved moderation, wherewith he had hitherto proceeded toward so great Offenders ; That he had no intent by commending the Service-Book unto them to innovate any thing at all in their Religion, but only to create a con- formity between the Churches of both Kingdoms, and not to infringe any of their Liberties which wer?: according to the Laws ; That therefore he required all his loving Subjects not to receive any more of the said seditious Pamphlets, but to deliver such of them as they had received, into the hands of the next Justice of the Peace, by him to be sent to one of his Majesties principal Secretaries ; And finally. That this his Proclamation and Declaration be * Heylyn'e Life of Laud, p. 359. We have not been able to find the entire proclamation itself; but Heylyn's account may be trusted as to its chaKWjter. 1639.] KIRK OF SCOTLAND. 211 read in tima of Divine Service in every Church ■within tile Kingdom, that all Ilia People to the meanest, might see the notorious carriages of these men, and likewise the Justice and Mercy of all his proceedings." 1639 March 1. 5, Answer to Us Majesties Missm anent his comiming to Yorke.* Apud Edinburgh, Prime Martii, 1639. — Sederunt, Theasaurer, LauderdaUl, Clerk Reg', ArgUe, . Southesk, Aduocat, Mar, Angus/ Justice Gen", Muiray, Elphinston, Tr™ Deput, Wigton, Naper, Justice-Clerk, Kingorne, , Amant, Blacldiall, The whilk day, the Lords of S,ecreit Counsell ordained ane Missive to be written to His Majesties conteaning ane answer to his Majesties Missive for- meilie sent unto thame, and insert in the Bookes of Privy Counsell, anent bis Majesties comming to Yorke, quhilk wes accordinglie done of the date and tennor folowing : — Most sacred Soverane, By your Majesties Letter, the 18 of Januar, your Majestie wes graciouslie pleased, not onlie to leOt us know your Majesties resolution to come to Yorke to be so much nearer this kingdome for accommodating your Majesties affaires heere in a faire manner, which course your Majestie graciouslie expresseth, you still affect, but also requires us, that if there be anie thing wherein we would advyse your Ma- jestie, that we Bould acquaint your Majestie there- with. Wherefore, least we sould be wanting in that dewtie which your Majestie may justlie expect frome us as humble and faithful! Counsellors, or seeme unworthie of the place and rowme whiche, by your Maijesties speoiallfavour, weinjoy in the 'king- dome,We cannot but acquaintyour Majestie with arie Supplication given in to us by ane great many Noble- men, Barrens, Burgesses, and others of this King- dome, Which, for your Majesties better information, we presume to send yow herewith. And, withall, we cannot but let your Majestie know that, for farther cleiring thair innocenoie thairof, they have offered publicUie, at Counsell table, by thair oaths and substsriptions, to justifie thameselves and thair intentions heerin. And least upon this, or some suche informations, your Majestie might be thte more easilie moved to thinke upon harder courses then yout Majestie heirtofore hathlbeene pleased to keep& with this your antient and native kingdome and sub- jects therein, we deame ourselves bound in dewtie, and in obedience to your Koyall commandments, to represent to your Majesties wise and grave con- sideration this thaii- Petition. And, seing the peace of your Majesties Government, wherem consisteth our earthlie happenes, and wealfare of the kingdome dependeth upon your Majesties resolutions, and the course yow sail be graeeouslie pleased to keepe in the prcisecution of thir maters now in hand. We humblie supplicat your Majestie, in your accustomed fatherlle care of the good and preservation of this your antient kingdome, and of your faitbfull sub- jects therein^ to iesolve upon sume suche course as, without force of armes or shoiVing of your* princelie power, the deplorable estate of this kingdoMe may be settled, whereby your Majestie may receave con- tentment, and we, your humble and faithfull sub- jects, may injoy the wounted blinkes of yoiur Majes- * Privy Council Eeoord, ties favour in ane happie and peaceable Govern- ment. And so, with our humble and lieartie prayer to God to direct your Majestie in this great and important busines after suche maner as sail be most- agreable to your Majesties honour and the peace of the kingdoftie, we rest, &c. Edinburgh, Primo Martii, 1639. Sic Sviscribitwr. TRAQUAIUE, Argile, Mar, Murray, Wigton, Kinghome, Lau- derdaill, Southesk, Angus, Elphinston, Naper, Amont, J. Hay, S' Thomas Hop, W. E. John- ston, Ja. Carmichaell, Hamilton, Blackball. 1639.— March, 15-22. 6. Another Missiee anent liis Majesties conmiing to Yorke.* Apud Halyrudhous, 22 Martii 1639 — Sederunt, Thesaurer, Justice Ggn"", Tre' Deput, Mar, Aduocat, Justice Clerk. Dutnfreis, The whilk day, the Missive Letter underwritten, signed be the Kings Majestie, and direct to the Lords of Privie Counsell, wes presented to the saids Lords, and read in thair audience, of the whilk the tennor followes : — Charles R Right trusty, &c.. We greit you well. We have perceaved by your Letter, wherein yow make mention of that which we expressed in a letter formerlie, of onr repairing to Yorke, to be the more neere to that kingdome for accommodating onr affaires there in a faire maner ; and withall yow expresse your desire how the deplorable estate of that kingdome might be settled without force of armes, or showitig of our princelie power. We have shewne our care hitherto by our actions for that effect : nather ar we yitt averse frome continuing in that course. But if, in the meane tyme, anie of our gobd subjects sail suffer for thair affection to our seilvice, in obedience to our commands, we will be verie sensible thereof, and have a speciall care to see thame fuHie repaired. And so, expecting that yow of our Counsell, as yow are honoured by us to be first in place, ^vill stryve to goe before others by your good example in advancing of our servifee, we bid yow heartilie farewell, from our Court at Whitehall, the 15 Of Marche 1639. QuhUli Missive being heard and considerit be the saids Lords, they ordaiue the same to be insert and registtat in the bookeS of Privie Counsell. 1639. — March. 7. A Letter hy the Lorele oftlte Session to the Kings Mfyestie, sent with my Lord Justice Cleric, in Maa-ahiem.f Most Sacred Soverahsnej The danger of the tymes wherein we live threat- ening dreadful! desolation of this our ancient and native kingdome, aind the conscience of our humble duetie which we owe to your Majestie, our dear and dread Soveraigne, and to this reahne, whereof we are feeling members, honoui'ed be your Majestie to be Counsellours and Judges therein, hes constrained us in this case, so important and pressing, to be- moane to your sacred selfe, the present calamitie and apparent insueing of more. God, who hes established in your> sacred persone the just and lawful! right of regal! inhieritance, hes also filled * Pidvy Council Record. t Folio MS., f. 62. 212 RECORDS OF Tiik' [1639. your Majestie withiall other ,ii!,diie!pient,s necessavto tbe Royall calling ; your JJajestie, under God, may soilie allay the terrors of the roeuassing, stormes ; and without the sunschine of your graceous aud calme couutenancej, this laud, and tl*e, inhabitants thereof, must become, quicldie , miserable._ The causes are better knoweii to your Majestie then that they neid relation. When your Majestie w^s pleased to indict a Generall Assembly, we and most parte of all your good subjects of this Kmg- dome, wer overjoyed in expectation that the doubts in religious worship and Kirk Government, whilk was tossed to and fro this whyle bygone, should have then beine cleirlje setled ; and although the greater part of your people be weill pleased with the constitutions therein concluded, yet your Ma- jesties displeasure against that Assembly, a^d the proceedings thereof, and, your expresse dislyke of these who adheres to the same, and the,f|3arfuU consequences therefra like to ensue, hes turned, all the hopes of comfort which we expected, m sprrowes and teares. "When Princes sfcind in, doubt of their people, and their subjects stand in doubt, of, their Prince, if not tymelie remeaded, provg diffioiU re- meadable. To goe on at. ance with deliberatiop, your Majestie may be pleasetl to pardon us, to averre, ,that, in, this, they are ,hut badd Counsel- lours, and no better patriots, who will, advise , your Majestie to add qyle i and fewall to the fire. Vio- lence and arraes aa-e pleased amongst desperat re- meadies, proving oftner worse then the disease. To spealie truethangenaouslieitecomes all men, and us mainlie , more then uthers, speaking to our King, and in a matter importing no Ipsse nor thejuniver- sall fall or standing of this nation, anil apprehended by most parte of the leidges to reflect on religione and conscience, which jseldJojae are forced with suc- cesse. Who dpcs insinuat to your Mtajestie that the opposers to the proceedings of Glasgow doesur- passein number, and in uther considera)jle respects, such as adheres ito the same, we veiitablie avow, in our alledgancey,.that they vent unwajrrvntable suggestions, which may provook tlie Princes wrath against his peoplsjiand does' foment meanes for the overthrowiof the'peaoeof.lthisflvirk and Kiugdume. It is over britle a foundation whereupon, to gadge the honour and safetie of your sacred persone, aud to build conclusions of warre'i, etnd we .shjulc^ not • hold ourselves for loyall subjects, if we should not say these informations wer cbntrare to trueth. Yet your Majestie isi knoyne to. the world to be anej Prince prudent and moderat, who will not be, drawen'from that laudable ferine of Vaigning which was ever familiar to your Majesties selfe, and to your royall Fatlier pf .Wcswcl memorie, who wor- thilie , gloried in tbe title of ane p^Rifiok, King ; for the throne, of Kings (saya.that wiseKing) is gsta-; Wished by Justice and righteousnes ; and therefore we must, on theknies of our hearts, snpplicat yo.ur sacred Majestie, m the howels ,,and mercies of ovir blessed I Saveour, to be, pleased to forbeare all pur- pose of warre,iand|60 to prevent ithe evills of dis- paire and necessitieiioancl for ,th9it effect, th^t yoir Majestie ,may be pleased to idg^q ypur ears agq,^n^t all contrariei enducements^ Your Majestie is Vice- gerent to Almiohtie.Go,d,wJi{)?eL mercies 4fl4,COW-i passionSj although immutable, are proponed as cha- racters of imitation to Princes, so f^ as,mojrtall man may joy iliarein, p,n,d resemble ithBi immprtall God. , ,,, ,11 These, our,grp.v,6ai)d sijhinis^e supplications, rj,i!e begg, in all humilitie, that your Majestie may be pleased graceouslie [to repeiye],->vhich we haves sent to your Majestie by this bearer the Justice- Clerk, who is ane of our numh'^V) to whom we have committed our ^instructions with trust,: And we shall never cease to offer iip our fervent prayers to Him by quhom Kings reigne, for preservation {«f your sacrccl persone, and,tbeiCflnti90i(ifii)g,felicitie of your long and happie reiguing over us, and theifir after of your royall posteritie, so, long asithe y^.o^lfi shall endure. ' . ,,, ,;' ;,,, . The Instructions are — ' ' ,1. To represent to His Majestie that latclie we have presumed, jn all hum^Utie, t?, write to His Majestie tp the same sence, of the letter now sent, b,ut we are informed the Lettei; hp^ never conied to His BlajeBties hands, but hes bein misparried, and hs-th bein.withdraweu, by what nj.eanes vveknowflof. 2. To shew His Majestie tjiat, for any thing can appeare to us, these thinges that are now in question .9,re , urged by all , fLS moyed thereto, that are by the persuasion of tlieh: consciences, they esteeming fhem. poyntes of thpir faith ; and if force he, used, ajlj aje persuaded,, and so proves, tha^ if,,!? not for these, ^poynts , now in question only, bui for encroaching, upon rehgion in ane higher degriethen is pretendit. ,, , , 3. That His Majestie, in tliis ,ca^, maybe glebed to talce it to his royall consideration, what^ucc^^^e persute, of armes,lies had jn all,nther Kiiigdotnes agahist m,en for matters of conscience, truelie, or taken by them to be such ; aud tliat, bloodie warres have ever bein to harden the spirits of men to oppo- , sition in matters of cottecienCe^ and to increase their number. ., ,■ .> ;■ r 4. That, if onr neighljour nation doe invaid this , countrie, it will asSOTedlie Tje taken be all Scots- men, albeit not affected the present way, for a,Jia- tiouall quarrell ; and, all will strive as ane man to defend, themselves as for.itbsir; lives, .estates, and liberties of the, cpuntrie. ,,,, ,i,:. ,5. , That, the countrie is also joyncd togither, now thsit few or ipne pf (them most reserved, c^m.be ,-^ ^Qi i^^fjf.^'W any Cove- nant, ,oa,th).|,9Ji ba,iid, fp^^mivtuan^^eteftcejand a?ast- ^pee ofjiVKyppraojjie.or ,pergpnes whatsoever, .con- itr^jj-p.to JiVfhat I have hereiii',f.5TOrne,',pre'fe^ed,'j^d ] promised :^o help me God m Christ jesus."" ' ; ' * Folio" MS., f. 68. ' ' 1639.] KJRK OF SCOTLAND. 213 " "'1639;— April 2. 9. Lctfer frow'the. jting to Ilamilton.* Hamiiton, I teceived yours but this morning, to which be- fore I answer, I must'tell you N^Ws : First, that Jacob Aslily hhs possessed Berwick with 1000 Foot and 60 Horse, and Carlisle is liliewise possessed by My Lord Cliffordi)vit^ ^OQ m.ep ; Secondly, I have commanded JTraquair to |jeep his Chamber, until hfe give me ai account hoV he' 'left Dallcfeithi with- out striking one stroke, and before any Cannon Was brought before it, having l^ft t|ie Ammunition (nOt destrbyed) to their reVference, and Ukewise the Re- galia : of this ihbre by the ijext. Now fot Answer, I have given the Proclamation to be written over by the Clei'k-Eegister, with the GfeheralOath, both which you sMl have with all 'Speed i fdr your Military' Oath, I like' it ^Bxtreiiie well, 'as lilttewtse yo'tir opinion for detaining tile Patents of ' Honours until the Country be settled ; fir your Brother, ciertainly if' yoii had forgotten him I should not, but have i^enletnbored m'y old Engageriielit ; aud for Dalliel, indeed he deserves' well; yet'methiiiks ,a Viscounty may serve at .this time, that I toay have sometjiing taore tb' give upon further occasion : and so I re6t • '\ ' ' ' Your assured Coilstan'b Friend, York, '2 'Apr. 1639. ChaHles'R. IQ. 1639 April 3. jtjfttfir.from l^ie^^ing, to^ Hamilton.^ Hamilton, According to my promise yesterday I have sent you back the PrOclatniltion and Oath, but with very few Additions. As touching' Traquair I caU say little more than I did, beca,use I have not yet seen his Defence ; Only 'if I h^d not taken this rude notice, of his base Action, I anasUre I -should have disheartened a -number of honester men than ever ite'i+als^'or will be. This morning' I have News of thS safe Landing of the 500 Irish, which are by this time in 'Carlisle^ there to' attend until! further DireHtlonte: I have no tnote at this titne to say, but to kiioW if Col. GUn he not one that' you have lent'ertained^ for it is said that he is going back again to GfehWany. One thing I had almost fbrgot ; they say fof '(iertain that Aberdeen holds but still, and is not' likely 'ttt yield in haste ; if it be So^'ybU'know what to do. ' And' so I rest Yojir.assured .constant Friend, Charles B. York, 3 Apr. 1639. ' «.\l. , , 1639.— Aprils. '■^. iiM, , , .H,...|,,;',ll ;..'■' . Hamilton, "V'i'his is tb' tell you, that the News of thb rendi-mg oi Xberdpeh 'i^arae imrnediately after the dispatch of .the, last Pbst', ilnd that, thoUj^h Huntley be' te- tired, ^'ti' he is neitlier beaten nor bvfer^run : but itieplnef'^uSa df riiy Waiting at tt'is iilneis; that pmce I'hai^"shi?Wn'the Proolamatibn to Otbistou aiid' Sii-'Li^'W^k 'Stywai-t, they have both' been Very , inst#.ni' wjfh'me ib'charige 'soiii'e^n^ Jn it • which '(th'oiigh my 'Judgment 'gw^switi'tnen?' in, the most, • Burnet, p. 118. , f.lUd, p. IJS. J Ibid, P- 119- and therefore I will not be wilful ; yet) I think I shall alter, or (but' rather) palliate one point, to wit, not to set Prices upon the declared Rebels Heads, until they have stood out some little time ; which time is to be ekpressed in this same Declaration. Another, thing is, whither and when to send you Devick ; and lastly, whether I shall see you before you put tb Sea, which I should he glad of, if it should not retard the Service : and So I rest Your assured ecmstalit Friend, '■■ ' ■ Charles R, York, 5 Apr. 1639. 1639.— April 7. 12. Letter from the King po Hamilton.* HAMlLTOlif,' I send you with this iny Proclamation, as I have now madb it upon debate with Sir Lewis Stewart, Tvherein I have altered nothing from the first, but what I wrote you by my last ; ' only I have added solne things of favour to those that shall repent, which nevertheless are of so little 'moment, that although this should not come to your hands time enough, the other might pass very well. As for the pubUshing of it, I shall doe my best to get it proclaimed both in Edinburgh,' and in the rest of the Kingdom : nevertheless you must not leave to doe your best for the pubhshing of it. So wishing good success as well to your Person as Cause, I rest ' Your assured constant Friend, I Charles E. York, 7 Apr. 1639. 1639 April 7. ,13. Letter from the King, to HmnUton.-^ Hamilton, I send you herewith my Pleasure in a Proclama- tion to my Subjects of Scotland, and by this com- mand you to use all sort of Hostility against all thosewho shall mot submit themselves according to the tenour of the same ; for which this shall be your Wai'rant, ' ' ' ' Charles R. York, 7 Apr. 1639. 1639.— April 10. 14. Letter from the King to flamUton.X Hamilton, ' I have spoken with Henry Vane at full, of all those things that were concerted betwixt you, and agree in aU things but one, which is, that he thinks your going into the' Frith, will make the Rebels enter into England the sooner ; whereas on the contrary, I think that my possessing of Carlisle and Berwick hath made them so mad, that they will enter in as soon as they can perswade an Army together, ex- cept they' be hindred by Some awful Diversion ; wherefore I tould'Wish Aat you were even now in the Frith, thotigh the Borders might be quiet till my Army be brought together, which they say will hardly be yet these ten Sa.ys. Yet I am not out of hope to'be at Newcastle within these fburteen days, and so to BerWick as soon as I may with either Honour or Safety ; wherefore my Conclusion is, go on a'Obds' Name in yout former Intentions, except * Burnet, p. 120. f Ibid, p. 121. % Ibid, p. 121. 214 RECORDS OF THE [1639. I send you otherwise word, or your self find some inevitable necessity :■ and so I -rest Your assured constant Friend, Chakles 'B'- ■ York, 10 Apr. 1639. Postscript. — I have sent you ten Blanks, where- of four be Signaturewlse. 1639 April 10. 15. L^er from ^King.to M0ny,tov,.* Hamilton, k i According to my Promise on Thursday last, I send you herewith the Proclamation altered ' as I then wrote ; and that you may not thinic that these Alterations are grounded upon new Counsels, I shall desire you to observe, that I do not so much as seem to adde the least-thing to my former Pro- mises. It is true, that I neither mention the late pretended General Assembly at Glasgow, nor the Covenant, at this time : my reason is, that if for the present I could get Civil Obedience, and my Ports restored, 1 might then talk of the other things upon better terms. As for exoeptmg some out of the General Pardony almdst evtery one now thinks that it would be a means to unite them the faster together; whereas there is no fear, but that those who arefit to be excepted, will doe it themselves by not accepting of Pardon, of which number I pray God there be not too many; So that you are now to go on according to your former Directionsi onely proclaiming this instead of my former signed Proclamation; and so to proceed with Fire and Sword against all those that ' shall disobey the ^ame. So praying to God to prosper yoU in all things, I rest Your assured constant Friend, Charles R. York, 10 Apr. 1639, at 4 in the Afternoon. 1639.— AprU 11. 16, Sesohikn of CoUticU and Session to go'io Court.i- Apud Edinburgh, undeeimo April, 1639. ■ Sederunt. The Lords of Secret Counsell underwritten — ^viz., the Earles of Mar, Perth, Wigtoun, Galloway, Lauderdaill, and Southesk ; the [Lords Elphinston and Naper; the Advocat and Trea' Deput; togidder with the Lords of Session aftermeutioned — viz., the Lords Durie, Innerleith, Foderaue, Innerpeffer, Balconnie, Cranston-Riddell, Craig, hall, Scotstarvet, and Eskbanke. The Lords of His Majesties Privie Counsell and Session having tane to th^r, iconsideration the de- plorable and calamitous estate of this' Kirk and King- dome ; and understanding that one of the greatest causes thereof arose from Ma Majesties offence taken against the late proceedings within the same, and they being fuUie perswaded that his Majestie Will be pleased to heare of thame the simple truthe.^-as they sail be answerable to God and his Majestie— without anie privati respect, but allsnerlie his Ma- jesties honour and the safetie' of this kingdome : Thairfob they thinke it necessar "and incumbent to thame, out of their humble and bound aifeotion to the weall, honuonr, and faa^ppines: of his Majesties person and govemmentj' and for preventmg the imminent dangers hanging over this kingdome, that they aU unanimouslie sonld present themselves to " Burnet, p. 123. ■ • ' f Privy eouBoll EBtord. his sacred Majestie, aind falling doun at his royaU feete, deprecat his Majesties wrath againes his BUbjefets'; and, therefore 'they all in ane voyce have resblvefd to take journey with all expedition towards his Majestie for theeffect forsaid. ' 1639.— April 18. ', ' ;' 17. Letter jfinm ike King to HamaJtan.'' Hamilton, > It is true that I was content to hear your Advice concerning' your goinginto the Frith, it being chiefly to shew Henry Vsihe that your Judgement went along as well as your Obedience: though I had a care ever to take off from you the envy of seeking this particular Imployment, taking it, as it is just, upon ray own absolute Command'; yet I will not say, but that you might have cause to wonderj because neither of us expressed ourselves so clearly as we might. But my chief errand to you at this time is, that upon serious Debate upon your lo*g Letter to Henry Vane, only with him and Aiundeij (for I dare trust no other) we found no reason to altCT my former Commands, but were more con- firmed in' the fitness of them ; only we have-thought requisit to alter some things in the Proclamation, which yon shall receive by the next Dispatch, at furthest within a day or two of this : so that you are not to (indeed I think yon cannot) publish any, until the New one come to you, (for I believe it will be at the Holy-Island before you :) the Alterations of which you will only find to be, that I do not say a,ll I think ; but in no ways slack my Resolution, much less seem to yield to any new thing. So referring yfiUto Henry Vane for the relating of our Proceedings here, I rest Your assured coijstant Friend,' Charles R. York, 18 Apr. 1639, at ten a clock at night. 1639.— April 19. 18. A Letter, from, tJie Nobilitie of Scopuxd to'tU Earte of Essex, lying 'in Bermclc, sent loitA Jiff WiUiam CkmingTuwne.f OvA most Noble Lord;' As in all these great affairs which have been so much uoysed abroad, of our Church and State, our chiefest care hes beene to waJke warrantablie, ic- cording to the Laws that were sett in force for that effect ; so we are certainely persuaded that amongst ourselves there is lione that can justUe complaine of what hes passed ; and for these our Countrie , Men who are now in England, if they be of that number, as they are evill subjects to our gracious King, and worse compatriots to us; soj of all the worst guests amongst yow, while they endeavour to make the remedie of their evills, and the escape of thei* deserved punishment, the beginning of ane incurable disease' betwixt two nations, to whom this quarrel! should nowayes extend, if the informations and protestatibns made by Us for this end, and the' bond of our'CoveniUt swbi'ne to God and man, h^ not oleered all scruples irt the mynd of our graeibus Sb'\^etaiglie hitherto ; atid, of all good'SUbjebtswitti yow, it is not ou^ fault, but rather oUrjoyult' mis- fortune with ybw, that there are too too many ajuohgst yow, alSb In giteat place knd otedite, *hOse privatbyasse runUeS (Juyte voyd and contrare to" the pubKct good, and who are, 'these wicked' ofaeB,' * Burnet, p. 122i t FoUo MS., f. 65. 1639.] KIRK OF SCOTLAND. 215 lysing earlie to poysone the publict fonntaine, and to sow the unhappie teares of jealousies and discords betwixt yow and us, before the good seed of our love and respect to our neighbour nation can take place in your hearts. Amongst all the evills of this kynd which daylie overtakes us, next to the present undeserved displeasure of our Prince against us, (which God in mercie will take off in his aune tyme,) there could nothing have been fallen so strange and unexpected to us as the drawing of your forces together upon your borders, which, whether to defend yourselves, or to annoy us, and so to prepaire and gather those clouds which threatnes a sore tempest to bothe, we for our parte wishe they may first perishe in the shipwrack who beginnes to dashe the ane nation against the other. As for yow, my Lord, although your place, per- sone, and qualitie, the honour and reputation of your former life, may give us some assurance that your Lordship will bewar to beginne the quarrell, whereat the enemies of both the nations will rejoyce and catch the advantage ; yet give us live to ad- mire the ground of these needlesse feares that makes you thus strengthen your borders, or rather sus- pect these pregnant presumptions of a farther pro- ject intendit against this nation by your power, which needs must make us bestirre ourselves betymes at all hands for our safetie ; God is our witnesse that we desire no nationall quarrell to arise betwixt us, or to tast of that bitter fruit that may sett both your children and our children's teeth on edge, but rather hold ourselves obliged, in conscience of our duetie to God, our Prince, and all our nation, our brethren, to try all just and lawfuU meanes for the removal! of all causes of discord betwixt two nations who are yet locked togither, and should be still in all the strongest bonds of affection and common interest, and to be alwayes readie to offer that occa- sion of greater satisfaction in this kynd for clearing our loyall intentions towards our Prince, to all whom it may concerne, and, namely, to your Lord- ship, in regard of your place and command at this tyme, by any mids whatsomever should be thought expediemt on both sydes. This farr we thought good to represent to your Lordship, being occasion- allie together, so few of us as are in this place, for ourselves, and in name of the rest of our number, who, together with us, shall expect your Lordships answer, and rests your Lordships affeotionat friends to serve you. Edinburgh, 19 Aprile 1639. April 23 1639. 19. Letter from tU King to Hamilton.* Hamilton, Before that this come to your hands you wdl have received two of mine of an elder Date, to which I can adde so little, that if I had not received yours of the 18'S I would not have written at this time. You have done well in laying all the Doubts before me, and shewing all your defects, (for which I am heaitily sorry) by which I see there is not so much to be expected as otherwise there might: yet I continue my former Kesolution, being glad tliat your own inclination leads you, thereto ; reoommendmg Tantallon to your thoughts, for the which I have agreed with the true Owner, Thinli not of the North until I have done some good in the South. I shall haste to Berwick as soon as possibly I may ; but I fear it wiU not be before the 12* of May, and I hope the 15"" will be the latest. So hoping to have a merry meeting with you in Scotland, I rest Your assured constant Friend, Charles R. York, 23 Apr. 1639. 1639,— April 25. 20. Letter from the King to Hamilton.* Hamilton, Having opened your Pacquet to Master Treas- urer, I could not but tell you, that I could not but pity your cross Winds, and commend your Dili- gence : and so I rest Your assured constant Friend, Charles E. York, 25 Apr. 1639. • Burnet, p. 123. 1639.— May 2. 21. Miesiee Letter from the Marquis ofHamiltonto the Frowst, Magistrates, and Council of the City of EcUinburgh.']; Loving Friends, Such is and haith bein his Majesties tender father- lie oaire of this his native Kingdome, that he haith bein graciouslie pleased to indevore, by manie faire andcalmewayes,to reclaizmehis disobedientsubjects within the same, but hitherto all in vaine. So haff- ing producit no better effects in divers of theme hot the daylie incressing of insolences ; and to such ane hicht it is growne, that nothing can be justlie expected from his Majestie bot to use his royall power and force : zitt still, such is his guidnes and clemencie, as that will be the last way he will trite, and then to the 'gritt grieff. Quhairfore he hes bein pleased to send me, his High Commissioner, unto these pairts againe, with full powar and autho- ritie to aceommodat these effaires (if it be possible) in ane peaceable way, and to treat and use bis guid and deutifuU subjects with all favour and kindnes, qwhereof I thought fitt to give yow notice, yow being the cheiff and principall citie of this his Kingdome; zitt I may say with sorrow, that none hes schewing themseliis more proane to riot and disobedience to his Majesties commands than yow. Bott zitt ther is tyme for repentance — such is his Majesties cle- mencie. These are thairfor to desyre yow, that not onlie your selfisj bot that yow lykewayes pre- pair the hairts of theCommouns, that both yowandyai may be readyr to repaire his Majesties gratious plea- sure whichsal be signified untoyow, with that humble and thankfuU obedience, as becommeth loyall, deu- tifull, and guid subjects, so that, by your guid ex- ample, the rest of this Kingdome may doe the lyke, which will be ane meanes for yow to redeme His Majesties favour which yow have iustlie lost, and saive the schedding of much innocent blood, which both His Majestie and all iust men call Heaven and earth to witnes, yow ar the principall causers there- of, as haiffing cheiflie countenanced the beginners Of these trubles, and which one day most lye heavi- lie upone yowr consciences, and call for iust ven- geance from God and the King, with the curses of matiie innocents which, by yowre meanes, will be destroyde. Bott I houj) now, at y» last, yow will sie yo*r awin errors, and accept this meanes of reconceiliatioun which now is to be offerit unto yow ; wherein no man sail more joy than I, Your verie loving Friend, Hamilton. * Burnet, p. 124. + Edinburgh Town Council Record, 2ll8 RECORDS OP THE :[1639. 22'..'^e§er'fiwnttie ProTosr,' ^-c- of Edinburgh to the Marqifis cf Jiantilton, in ansvcef.' PeeASe YOtiR Grace,' ■-■"; " i' .■'u'.::. yi,.- \Ve,!lii9 Maj^stiesi'tamlile andloyall subjeetes, doe,: 'with' > all thaukftiri-es, acknowledge that Hi^ Majesties'caire tdtliis hia Aative Kingdome lies bein iliore tender; and His Majesde? proceedings iinore calme, tJhfeiii our 'einagedi endinies,"wli(i> liavebfein, ''b}/i all laeiinesi seSldngr.iHidJ Ma!jiesties;yahtie, andi conscience of.thatij^wtiei we owiteoBr, dread Sove- ^ - ragneunder iGrDdiaifMothtllg icauli.bB. requyred of; us for ourselffis, who FJjaveithei .honour to bethel chieffe cittie of this His' Majesties Kingdome, or for the Commones, so far as our creddeitt and powar can! reache, or for giving~good exemple to uthers in! receaving His Bt^s^^gr^QI]^ pleasure and iust'j conim*iidpients» with all humble tvnd thankful! obe- dience, which sail h'ol'"be^to the full and most eheir-| fullie performit. Bot when we have doone , tHje. ddwIieofigudiajjd'ldyall-isialflflQtg. which r(uixt unto' oaite cleiwtiertor Gfiod''. Alrailjhtia)i hatjir beenenOjir, , 'thdifest cairB, andiwhairof .we ihave giiMU ajl, proofes andexeBiplal'ie'ievidjjnoes.iifHit iSajl<;Qmei,to pas (^^hich tii6 Lord of. his- Elercye prevent)- ;th?l-^jttnp- cent blood, salbe sched^ithen hath y^,CBrge ;4mti--on them, andihe buffileiniijhei!0fci,ttoeflOllB(ien.pesof tlippe| ■ -Vhoi hajiliii bein Uitkar ,tiliei priScipsJ^o^jjeera , lOr ,t!iie , r ibeginnertejion-thfii&mentejs,- lOfCth^g jpresei^t-. tru-' i.ibles^ijforlJasiwe- havejiia tWs.xifBjB*.;! a gui^icpsi-i j^soipnceJifeeforelGod, 6«d aevjrrmBanti ewU to sujy man, far Iris to- bur .Eiijgj.whioh is .ourei grjtfccottfi-' 'dejiceiand com&ufijiso.we a^f aseeijt/to.beiapproven ■of lidl-just, and goQsl taen,iwJiM> fff.aiot^jgiiOBast lof - otarrproEeidnngs, and it^rjiiel jne?ai|B%iift,ca-uses of our intendit defence. Your Grace Imowes Weill, what iifaiaii(jaJlunainieSi-b,e? liii^ia/spred againati ,us,, ^d wq i-oiiili..to;Gtid.'Bf,-JIeav^a,and' eivirtjti tp, wtoa.; i«fi?4 • -)h6wi>the.ma}tes ofi.^acQj -Mifomjatittu^^felivJijpb i-ih4ve,irfeei|aijassaye4nby,i^W .J|?pbiUtig,-,,Bw.Toftes, -iJlui-gfeses^.TMinjaters, mA\ Comnjiowi^j, heir>,,,by ■whiSse BjiusciaU-advyse-we hav*,-js_ent| ithjft ..ftijjijse* - , i«nto -.you* tel-ace, aodi w3*o^,4^*Tie WWRted. , , lis, , to 1 1 , ikiahew knowaa tlie-ir myn.d iiyjjli ,o^vre, ; ownB).,]iftth jj-beinfetoped thi& langi tjTne-iiasli., , , Hvunblw- .apd - e^iJii«StUeriatr9*tjngs',iB-thair,iwsieii(gij ,(>m: anvjnj * EdinbiiT^h -To-^n 'Gbunoil Record. ttiat }-our Grace valdJjetplsaeBft to. conray to .JJis Majestfes.eares theitrew-cstaiitt of , matters as they stand, and the guid meaning of the-houestjajid.loyr all hearts of us His MajestiesBubjeetes-; which.wijl no doubt prove amor, ueadis) meane. of reconc^lia- tioun tlien all the terrors under hes^vsDj an(i,whic^ wilh obleioe us- to prove to- the uttermostnofionr power'-- . - -' -;--, -'li ,i; i! ■ ,,- ij - Your GjjaoeB-trew-andrhumble.Servai^ds,,, , 1639.— May 8. 23. Letter fiSimtM-King to Harmlton.* Hamilton,- ■-' - ' ' ...'-''..--.-.. The length of Henty Vane's Dispatch will shorten this, not being willing to trouble, my spjf ^vifh^^yrit- ing, nor you.iWitJj, J!ea,dwgiP£,liepptit^9ns. , .this I ijju^t observe tp ,you, that wh,^t^0evor( either,i^e oy i.wjritesat this tittue is no alfs^ut.e Command, but meetly. A-d vices to help ypiar ,j^owledge, tbat,,yp(i iflay the easier, jndge what.is best feu;, my ^yicje: Upon thig,gcoundi I send you here a Discourse, of Mr Thomas, ,Haipilton's,,w(heTSiu many things to my seeming ,ai;e 'very well said, ijut.iipw^^ptacti- cabJe, or, when, I, leave, you to judge;, as liliewise uponrf.heiAvbolp.'B.aM?'^ Igivo.y^wy Opinion, {hat if you iiifd it not fit f o laj}^ all ,oiir 5000 flusu. upon Lothian-sLde, then ,it m£iy lis ppunppllaljle, to ,?snd ,mp(Sfc of your Lan(J-men;to tbe. North, to strengtlieu my Party therei ..riAs.fpr 3'our landing ^nthe Soutjb, I. shall onely ns^ipe, .two Places besides Tentallon, to. , wit, Sterlin, (if that be not too. far. ptf, to be j;eli,qy^(ij and DHipl'ai;,;,^!^ for Tentallon, J, .sji^l Pflmmand the, MaTflVis, pf Douglass tq sgndfope to agree that business, ,with, you. So longing to , hejU' fopmyou, and wi^ljing yo,u good, luck, I rest;,,,,, ,.. ,- ,Your,3^flr^ coflstant Frien^, --' rf.--,!-.- ,.i-i.,^- . ,i.;. ! , Charles!?. ,;, I Newcastle, May 8, ,16,39. ' , , ',' -u.i-,i--., ,.,,,1639.— May 9. Zi.'Tlie'N'iSblMe of Scotland, tMr Bi^plicaiiott to - .' -r(-!;,,l.,-i'i .-I the ^ing.f ' ■- -^ ■ ' B^OST SjlCREn SOVEHAIGNE, , , !Be gtapeousjie plea^.eito heaflcen unto theliumble .Supplication c)f,tfae ^ubjp(;ts pf your, ancient and ,niitive Kingdome of Scotland, still prostrat ai iie feqte, Qf your Blajesties cleiuencie arid , myjdnes ; S^i^Tving, that, ^s there is ;iothiiig so greevbus uiito us,and everip^a,up of 11^; ti^, your Majesties Jiea-i'ie , displeasure,, , ,<;onc^aved against, us t'lis -t-yWP paSt) >vhi9il;i,mal^pth us, in the tru^^t^ of 'our|' hearts pnd in, all humilitie, to depreoat your Majesties wrath ; .so' nothing under heaven can revive and're;fr^sh us .^o.muchas that.tjj^e s^^eet rayes:,p!f,the light' ajd love of,,your„IllJsijesties coui;t|enanc'e ^hould, i^i the ^(WW prpsoftpe, , ifipd -tljat , your . gracious Mces^e, ..^Jlicl'lt^? >^(3^Regg,,t}iatyo)ii,' -Majestic may suffer your - |g«Wfi?,¥f ..iS'TvP?? P 1^0 ..tpi'Wpli PK^J „t}j^' , seWriie' W .yP"S-Wfl)gq*tio.)?;3 a);\(^,i(f„ili,nfay Jbe yom: .MafesHes u80,«\flPi"S?SWR,^|lWB?„tlifi J^ijliameut^gTabaouslie ,."?c|WfRd.- W.ypW mi^s^W?, fprmtfii^;afift^Mer- , nifiiiit,ipn tfliflLi^flr.trpub^qs, Jjfljithpr miour owne Wy#.»fir^OTp„^)(^Qh ,^j, tjfe.i^arn^^jepre of 'piir liea,^:^,- iPri by iJPW- ,J»^W^tie? ,|tig^, Cggjjn^jqnf r. * Burnet, p. 127:; J a ' + Folio MS., f. 66. 163a] KIRK OF SCOTLAND. 217 tf;iliei'ein' we Shall labour fto give youP'Majestie just cbiltent, iia' becometli 'duetiftiU Subjects,- We are fiilllc! assured thalt' no act hath proceeded ' from your tej^Stlfea goodnes and Justife© which shall make yoiftfame rnore glorious in theisiglrt of the world, ii3"itforB "blessed ih ourselves, and' more clteerful' to continoWin all ioyttltie and obedience, and to pray more heartUie for your Majesties long and pros- perb^ilS' i'aigne, ahd'fbrth'e contlnoWanee.'of your princelie care over us to the end of the world. 1639.— May, 9. ," 25, Letter from Lords and Gentlemen of tl^e ,Co^e,rifiii^t PtEAsi' 'i'dtiR Grace,' ' '■ '' ' A's we %Vete! here met to attend the Parliament indicted 'by His Majesty, there was shewed to Us by the PttVp^t of Edinburgh a Letter 'from your Graoe'tb Mthself, and the BainfiH, and Council of this City, With the Goby of theirs' returned to yolir Grac(e, deferring the'more full Answei "till our Meetibg. And withall there^WaJs presented' from yoiW G?ace HisMajesties proclamation, which hav- iiig perused, we find it' doth' contain diveM points iiot btoay tiqnti-ary to piiriNatibnairOath to God, but also 'to the Laws and Liberties of the Eing- ' dbiii i'for it carries a denunciation 6f the high crime of Treason ag4inst41t sUch as' do not'accept the Oftfer tliei'fein' coiltained ^' 'albeit it be-'bnel'y ' a' '\Vritirig put tti' Piint without'the 'Kingdom, and riot' warraiited by Act and 'Ailthority 6f the CouneilJ la'wfully con- vened withiii this Kingdom. And your Grace in your Wisdom may cbnsideif, whether' it can stand with the Laws, Liberties, and Customs of this Kingdom, that'it'Prdolamatibft of &> great and dan- gerotiS CbnsHq'rieric'e', Wa;titirig the necessary Solemn- iti'es, shbflld be published at_ the Mercat-oross of this City. Whereas ybilr Grace 'ImWs well, that; by the Laws of this Kingdom, Treason and For- feiture of the Lands, Life, and Estate of the mean-| est Subject within'tlte 'same,' cannot be declared but' either^ in .Parliament, or ,in',a rSuprietn^v Justice- Court, after Citation and Iflfwfui Probation, how much less of the whole Peers and Body of the King- dom, witljout eithpr COul;t, Proof, or' Trial. Arid albeit we do 'heartily and lluinbiy acknowledge and profes^' all dutiful and fcivil Obedience to His Majes- ty bM, oiir Dread and Gracious Sove'raign : yet since this Proclamatibii do,feS import in eifect the renounc- ing of our Covenant made with Gbd, ariij' of the ribcessary means of oui- lawfill Defence, ■wei'cannot give Obetlience thereto, without bringing 'a Curse upon this Kirk and Kingdom, and Euine ilpqn dur selves and our Posterity; Whereby we are per- .suadbd,, that ii did never proceed from Hi,s Majes- ' ty, but that it is a deep Plot contrived by the Policy qf ihe fibVllisti' Malice of the, known and cursed EneinicS'of 'Mils dhiifoh'a'nd State;' by which they have iiiteiided' so 'to disjb^ Us fi^jitti'Hi* Majesty, arid aiiiong oui- 'selves,, as' tjie Rtipttt're, Rent, and Confusioii of toth, mi^ht be 'irre^alrable, WherCin 'we hone' toe' lord (i^'who* Wp ttUst)' ^fiill dlsap- pb'inlt "ili'eA';".' And'Stein^ wfe 'liavo left 'lit/ "means possible unafe'^aidd, ijiht(§l|is"M!ije6tii^s CoMbg to ^ikl^iKill^m'M'^W PS ' Maj^^ltJe^ "T5ar 'Sis'lirtlffaifiati'piilen't ta'.biii/jtist infbrrfatlon's; tiiut ' have''Mi 'tfii^' HeW. "(tb;8iir la'Jf RferhoHklif aiiCfe)' 'of ' iVinWWiif'm JustfCbiClferk, 'the '¥i^tsmkx, ' ana'tlib'li'ird paUbll) ^s the BCili'fer diifi Irtfoi-tti your 'Cft'i^/'iiUayiip'Mve'iieVfeT had the happihesS'to dl * Burnet, p. 12Si.! attain any hopes of our end, but have altogether been frustrate and disappointed thereof ; and now understanding by the sight of your Graces Letter, thatyour Graqe as His Majestys High Commissioner is returned with full Power and Authority to accom- modate Affairs in a peaceable way, we will not cease to hive recourse to your Grace, as one who hath chief interest in ■this Kirk and Kingdom, desir- ing your GrSee to consider, (as in our Judgments we are persuaded,) that there is no way so ready and assured, to settle and compose all Affairs, as by holding of= the Parhament according to His Majesties Indiction, either by His Sacred Majesty in Person, which is; our chiefest desire, or by your Grace as His Majesties Commissioner, at the time appointed, wherein your Gtraoei-ehall find our Car- riitge most Humble, Loyal, and Dutiful to our Soveraign, or to your Grace as representing His Majeisties Person : and in the meanJ^ime that your Grace would open > a safe way, whereby our Suppli- cations and In&rm'atiDnSHmayhave access to His •Majfesties Ears. ' And we are fully persuaded, that We shall be able- to clear the Lawfulness and Inte- grity of Our ilnteiitions ' and Proceedings to His Majesty, and make it Levideirt'to His Majesty, and to the World, that our Bubmies are Traitors to the King, to the Church and Statei; and that we are and ever have been His Majesties Loyal and Obe- dient Subjects. Sor^we rest .; : i^ 111 Your Graces humble -Servants, ' ' ' A. LeslieJ Dalhousie, Forrester, ;-ii" lArgyie, Lothian, . ErskiBS, Mai're, '■• Angus, n Boyd, RotheSj'li I Blohjo, iNapifir, Eglinton, "' Lindesay, ' - Burghly, Oassils,' ■ BalmlarinOji I Kirkudbright, Wigtown, 'Montgomery, i And about 30i Commissioners for Shires ' ' I - and Burroughs, Edinbui-ghj 9 MBy,,16S9. r '- ' 1639.— May 10. 36. Answer to tlwaiove, addreesed to EotJies.' My Lord, '' I Received a Lbtter yesterday morning signed by your- Lordship, and divers Noblemen) and others, whcreiti you alled^ yotaare come to attend the Parliament ; ' but considering your Preparation and Equipage, it appears rather to fight a Battel, than to hold a Civil Convocation for the good of the Church and Gomraoii'wealth. You may perceive by His 'Mia^esties Gracious Proclamation, that he intended in His Own Sacred Person to be present at the Parliament, 'SO soon as with, Honour and Safety he rijight'doe it, and for that end exprest therein what ' was fit 'tb be done. But these Courses whichi you take, and your Disobedience to his Just Commands, daily m'ore and inor^ shewed, will ne- Cessitate'him toiave them^put in execution another ■way." '■' ' " -' It is- true that His Majefety sent'me hither to ift^comwittdate' these Affairs' in a' peaceable manner, if it were possible, which I have laboured to doe ; a«d' accordingly my Deportment hath been, which hath been met with tiiat Retribution, as if I had met 'with the greatest Enemy: but your refusing 'to publish His Majesties Grace to his People, sig- nified in his Proclamation, hath taken away that Powe* Which otherwise I had ; that being a Liberty taken to your selves,' Whicbneyer'any Loyal Subjects ;.,Burnet,ip,,12ff,,. 218 RECORDS OF THE [1639. assumed in any Monarchy. You alledge many Reasons for your selves, , of the Illegality of that Proclamation ; but you cannot he ignorant, that your Carriage hath forced many of these principal Councellours for safeguard of their Lives to for- sake the Kingdom, out of, whiqh they remain yet for the same cause. You have suppressed the Printing of all Writings, but what is warranted by Mr Alexander Henderson, and one Mr Archibald Johnstown ; neither was the Clerk of the Council, whom I sent for twice to give him Directions con- cerning this Business, permitted to come .aboard to me, upon conference with whom (for any thing you know) I might have resolved to come ashore my self, and convened a Council for the Publica- tion thereof in tlie ordmary jyay. But your extra- ordinary Proceedmgs in all things must needs force from His Majesty some things, whjch, perhaps you may think not ordinary. Wliereps you desire mo to he a means that your Supplications may have free access to His Majesties Ears, it, is, a work of no difEculty ; for His Majesty hath never stopt his Ears, to the Supplications of any of his, Subjects, when they have been presented to hun in that humble and fitting way which became dutifuLSnh- jects : nor did I ever refuse any all the time I was among you, or concesl any part of them from His Majesty. So thijt your Allegation of not being heard, is grounded upon the same false Founda- tions that your otlier Actions are ; and serves onely for a means to delude the simple People, that by making them believe what you have a mind to pos- sess them with, they may become backers of your unwarranted Actions ; which as it is generally lamented by aU His Majesties good Subjects, so it is more particularly by mei who have had the Honour to be imployed in this Business with no bad Suc- cess. My Lord, Your humble Servant, Hamilton. found out for accommodation of the same, quhereof if your Grace be pleased to aUow, we doe expect to be advertised be vour Grace of the time, place, maner, and way of their wise addresse. Where- anent expecting your Graces Answer, we rest, &c. Ed', 10 May 1639.— Sulisenbitur Argyle, Mar, Perth, Wigton, Galloway, Landerdaill, Southesk,, Naper, S' Thomas Sop, Ja. Carmiclia«l, S' R. Gordouu, H. Gibsqne Fletcher, Balcomie, S. G. Halyburtpun, Cranston-riddel, Scotstarvet, S. Pa. Nisbei, 1639.— May 10. 27. Missifce from the Council and Session to tJie Coimimsioner.* Apud Edinburgh, decimo Mali 1639. Sederunt. Argile, Mar, Perth, Wigton, Galloway, Lauderr daill, Southesk, Naper, Aiduocat, Tre' Deput, Sir Robert Gordoun ; Togider with the Lords of Session underwritten, viz. Durie, InnerpeSer, Balcomie, Foveraine, Cranston-riddel, gpotstar- vetj Eskbanke. The Lords nominats and appoints Joljn Earle of Perth to be President at this meeting. The whilk day the !pords,of Secreit Cpunsell and Session ahonewritten, prdaiueii ane missive tq be written and djrected to James Marquis of Hamil- ton, his Majesties CoinniiBsioner, qulnlk was accord- inglie done, of, the tenor following :— , Please your Grace,-:- We of His Majesties Secreit Counsell and Session, being jointlie conveened in this lamentable estait of Kirk and Kingdome, to consider on some fitt and convenient wa^ for avert- ing the evilly hanging over this countrie, whHks to our great greefe are tpo farre advanced, harfl thought it incumbent to us. In our dewtie, tp ac- quaint your Grace, who represents his sacred Majes- tie as his High Commissioner, that pur , intpniipja is, if your Grace wijl, be, pleased tp .allow pf t|iis motion, to appoint somp of our uumbei; to confer with your, Grace concerning this bussines, and, to advise with your Grace if .anie faire way can be 1639.— May 11. 28. The Commissioner's Answer to tfie Council.* Apud Edinburgh, undecimo Mail 1639., Sederunt ut die predict. The whiik day the Missive Letter underwritten, direct frome the Marquis of Hamiltpn, his Majes- ties Commissioner, to the Lords of Secret Councell and Session abovewi-itten, was produced before the sa*ds Lords and read in their audience, of the whilk the tenor fqllowes :^- My Lords,- 1 receaved this morning your Lord- ships Letter, an"t these it is unnecessary to give. The meeting of Parliament was afterwards prorogued from time to time till, November following. , t Folio MS., f. 67. 16S9.] KIRK OF SCOTLAND. 219 sitie of our proceefiings, from the verie beginning to tiiis present tyme, yett hath the suooesse beene so badd, that all our dealling hath beiu miscon- strued and perverted quyte contrare to our meaning and desire?, not only to the increasing of prejudices betwixt the Prince and his people here, but alsp to thS raising of a quarrell betwixt the two nations, which was als farr from our expectation, as from our intentions and deserving. This hath made us at last to wearie of the mediation and meddhng of our owne countrie men in these effaires ; and as we did beginne with the Earle of Essex, then being at Berwick, so doe we now continow witli your Lord- ship in clearing our loyall thoughts to our Prince, and our duetifuU respects to our neighbour nation ; and to tistifie how readie we are to stoupe to the smallest occasiones serving for that end, the bearer D" Johne Moiesley as a wituesse, who, although he became hither rather by tolleration then any com- mand or commission, (as he declares,) yet his zeale and good affections to the publicl peace of both nations we doe commend, and his p'riyat endeavour to imploy himselfe in so good a worke shall not want from us the oure encouragement, the rather that he hath made honourable mention to us of your Lordships particular affectiouns to the con- tinowance of your condmoTin peace ; of whose dispo- sition in the generall we were fuUie assured before. We would, therefore, make knoweti to ybur Lord- ship, and all others of the like noble disposition, and, if it were possible, to all the good subjects of Eilglarid; that, aS we have beehe, we are still verie farre from wearying of Monarchical Government — from the thoughts of faying aside that of obedience, which we ow6 to our' King and dread Soveraigne — from any intentioii to invaid England, ijuhich are so foule faults and haynous transgressions, as that we would not once have mentioned them, but that they have beene the false imputations of evill men against us, labouring thereby for their owne base ends, to worke our hinderance in obtaining Our just desyres, which have beene and are tio other biittha^ We ma;y peaceablie injoy our religion' and the libOttiea of our countrey, according to the' laweS ; and that all questiones aryseujg frOm these may be determined by Parliaments stnd 'Nationall Assem- bKOS. That is it for which we have petitioned, covenanted,' and consecrated our lives, afid what in this world be dearest unto us, which we trust ybur Lordship, and all others noble, wise, and just men will judge to be most equitable, and for -which no nationall quarrell can justlie arise — ^the Kirk Constitutions, and civill lawes in divers Kingdomes being different, and we being alse farr from impugn- ing the religion and libertieS^of other nations, as we are carefull to mentaine our owne ; and knowing that the common rule of equitio hath place with your Lordship — " quhatsoever ye would that others did to yow, doe yow even so to theiri." We have also sent with the bearer a double of that Supplication, which we are to send aboord to the Marqueis of Hamilton, that if it, be possible by the Moderation of y6ur LordsHip, and of other Noble Lords, to whoni we have written in lyke manor, presenting the same. His Majestie may be pleased to heare us at lapt and graflt us our desires, which, shaU tend to. bis Majesties great glory, bring aue end to, all our questions to our mutuaU rejoyc- ing, make Hiw Messed Instruments of so good a worke to' be thanlrfullie remembered by the Poste- ritie whfen they enjoy the fruites thereof, is the ear- nest' request of , Yonr Lordships friends and Servanda. Edinburgh, 11 May 1639. Your Lordship may be pleased to acquant any other of the CounsoU of England whom your Lord- ship thinks fitt. 1639,— May 13. 3(). Letter from tlie King tq. Harmiton.* Hamilton, Having been some days since I wrote to you, I could not let my Lord Aboyne go without theso Lines, though it be rather to confirm than to adde to iny two former : onely I shall desire you to take heed how you engage me in Money-expence. As for what Assistance you can spare him out of the Forces that are with yon, I leave you to judge, and I shall be glad of it if yoii find it may doe good. The truth is, that I find my state of Moneys to be such, that I shall be able (by the Grace of God) to maintain all the Men I have afoot for this Sum- mer ; but for doing any more I dare not promise : therefore if with the Countenance and Assistance of what Force you have, you may uphold my Party in the North, and the *eat of those Noblemen I have seiit to you, I' shall esteem it a very great Service ; but I shall not advise you to' engage me in further Charge^ except it may be the Pay of some few OfScers. So not doubting but that you will make as much of little as you may, and recom- mending this Lord to your cai'e, I rest Your assured constant Friend, I Charles R. Newcastle, 13 May, 1639. 1639.— May 13. 31. Letter.fiQirp^ Hoths to HmniUon.f Please your Grace, I should have been far better contented to have seen you here at the Parliament With His Majesty, or holding that indicted, as His Majesties Commis- sioner, than with a Navy and Army to constrain us beyond these just limits of Religion and lawful Obedience, which we were always willing to per- form. It was far by iny Expectation, and your Graces Oath and Promise, that you should ever come in any chief Cominand against your Native Country. Whereas your Grace doth challenge our coming in such numbers to attend this Parliament, I hope you conceive that this Navy and Array upon the Borders, and the Invasion threatened in the West, do sufiicieiltiy warrant otir Preparations to defend these places, and divert such dangers. That Proclamation that is said to carry so much Grace and Goodness, is as destitute of that, as your Invasion is Of a good Warrant ; which persuades me, that neither of the two proceeds from His Majesties own Gracious Disposition. I cannot stahd here to an- swer all these misooiceived particulars, contained in your Graces Letter ; but if I had the Honour to see your Grace, before any more mischief be done, I dare engage my Honour and my Life, to clear all these Imputations laid On our Proceedings ; and I can demonstrate how' hardly we have been used without any just reason.' I date not be answeraUe to God Almighty, and to that Duty I owe my Prince an'd Country, if I do nOt' shew your Grace, that you* gbing a' little further in this violent and unjust way will put all from the hopes of Kecovery, for which both a great deal of Blame from Iftlen, ana Judgment (i'om above shall attend you, as the spe- * Burnet, p. 1S8. + Ibid, p. 129. iRECOIlDS GF' TliE/ [1631)1 cial Instrument, which I wish you labour to evite. If our Destruction! feeCiiifend^aiHve are confident in that Majesty >^vUq oiw^ii^ this .Caijse, a,nii isf (able to defend it : and if onely Terrours to fright, and pre- pare us to accept of any Conditions will be offered, that Ihtentiotl I^'aheadyasfar disappoihted'asany of these liiany fonher. jfeut' as weai'e" ready^to defend, so ever'td' insist in supplidatmg, and using all humble an'd lawful means, as becomes us. Mi- Botthwicte will dgWef to your Grace ottr Supplica- tion to His Majesty, and both his and rby mind, till I shall have the occasion to' disburden my Self sur- charged with grief at" your Proceedings; being most desirous (as I hare been' formerly) to hare all the^e OceasiOils removed that may divert me from ,iji:iH , ■ li.' ,'j!-t!Cii /'■?,■'. being still YourjGrraces humble Servant, EOTHES. ' ' 1639 May 14. ' ' 32. The Kinqs Proclamatwn at New Castle.*, •,:■■, ■_^ ■.•'iiTr.r.r'iitrinnl iin ': ifl rhi.ii i' ■ .' Chakles, bei thSiGcateeiof God, King of Scot- land, l!>nglaudyiFrancejfa,nd Ireland. To orari loving -Siiibjeets; whom it. shall iorjmayconoejrne, greeting. Whereas we are thusiifarradvMiced in, our Eoyall peorsonis uwith our army, atrthe a.tteildanpei of lOur NobilitiJe aiidGehhrie of tUiS(Kiugdome,. and intends shortlietob^ at our good Toune df Berwick, with purpose to give ourpeople, of Scothind all'just satis^ faction in Pajrliamontjuas. soone aS , thei present dis- orders i and :«Binultuous, proceedings of some are there' quyeted, andwiU lave a fairwayiof comeipg, like aigrajcbotis King^-to deolaire ouri goodmeajiing to them ; but finding ^omercaires ofiimpediment, and that this nation doth, apprehend that, (contrare to our prefessions) there is ane intention to invade this our Kingdome of Scotland : We doe, thereforfe,! to cleare all doubts that may breed scruples in tlie mynds of our good subjects of teither Kingdomes, reiteiiati'this ounjust and reall .protestation, That if all clVill and temporaUi obedience beneifectwilUe and tymelie giVen andtshaweaiuntoius, we doe not iutenditoi invade ffliem. with anyihastiJit*e..i(Buti if they shall, without our speicittll auctoritie and com- mand, raise any arm^y troujies, and draw them dowrto within, tea .myl^s, of.our Borders. in England ; andiiu that baiee, doe expresslie command the ,6e- nerall of our Army, and our Supericjr Qfficsrs'jof, the same respeetively,:Soiprqet!edj against (them as' rebelles and invaders of this our Kingdome of Eng- , land, and to theTittermostoTfheir power destroy! them, in which tl^y ^Wl. dyou haVe ever tj^ed, arid rso 'eotttinue i: btit the btet isl,' none 'that . bvet were truly informed of 'your Ptoceedingsj 'doth orioan''glv^ ailjf lapprolbatiowof them.ri .ljiuI' jI'"' ' You say. If' I'go any furtherlin aiviolenbicourse, a wiU^be past all-hopeof Remedy.' If I dJaej.none ekn blame'toylMasteri, 'for that'can toeyop (be 'called Violence which' is onely to supptess Eebdllion !> and if I proceed to eKecutfe his Commands' thercinj -jlau ; aM;tlte' causetis of it. ' As Mr ' dWrthwiek told ine, i I expBOte'S to ihave* heov.d furthet ' fooiti' jtou diefpie ! now: but nothing.. coming, , I would forbear no! longer to give you this Answer imder my Hand,! that both you aad all^ the WoMd may take notice what-jBjy.l6el»'W*W'^»V«, whifih np|i^h^(spdjiig l! do infinitely desire they may be stopt by your speedy and real Submission to His Majesties' just Oobi- 'niStSaB."":Artd'tiiia'& the jgrAJ*tiE*f'hito ^ho wishethj it "tAw ti Btni' lawful for MM ts call liiMfeelf "■;"' '.'I-. 'jM.i ini fyo'iii.'iibrashiiiShtntable'ServAnt,' ''■'<'' ' ' '" Ml, ■■"; ■>'': J ' " "HaMUIMN.! FrtmilbBbrd'tlle Kainbowi "'' ' " ',. :;27'[l'7TM(ayJ''1639: ■ " ■ ' -"-' ■ '■'"" ■ ! >•,!,'•(,'. i6a9),n^M#X'»i.' ;;"".".' ,, ;'' ''; ST.' Later fi-olm the Ring to Hiimiltow.*' HamILTOW,,!!,, ^,, ,,.,!,;„, I ..II 'i ,, , ,1 Canuot,latitheBa,iiOrds!go,withbut,a Letter, it being, moreiito please, them.,tbafi,.to„ii)ft)rra you; there having nothing ,liappe|j94'?inp^ '"}' ^^^ '^^ 'he IJ* that mates„me,.eitlijer, ajter, or taJ»3 n,ew Coun- sels :. BO-tbat this is .<»nely tq, recommend tbeni to your, care, inigq fajifi i^s. may, comply lyrith: ^ly Sc,"-- vjca; which i^bewsi you.tb((th, my good Opinion qf them, aa likewise, that J am , , ., , ,,. 'li' ,.!.,, J' , i I Your assured coustaAt .friend, , H"- F -nn 1-I'i,''ilj ',(,' li;,li Jr,, ChAB.J-EsE.,1 Newcastle, 21 May, 1639. ■ , i ■ Tnr,-rvi'^' ' l!) Tt'l * Burnet, p. 130.^ 1639.— May 22, 38. Tlie Emie qf Hollands Letter to tlie NobUitie of ■ Bcotland'.f As it hath beene my fortune to rece'ave great ex- lires.^i .■'■, ""■• i' n,' • i I' am youi^ LordshipS^?}iumble.S6rvanti ' ' Fi'om' my quarter, I'l' ' "'' " HoiiEJiNDSji ' ■iSS'M^ii, 'I639;i"' "" '". •""' ' ■ '''•"" Ttj the Cdmittie at Edinbor^. ' "- 'i 1639.'^May 22J rfromffie, JCing io IIaw,iltov..t Hamilton, - ■'-'•■i' ■•' »">-■ -'^ Eumours comeJifiie.so ihick,.of the great Forces that the Rebels n^ean very shojrtly to bring down upon me, that IthoHg}ft-it"nfe'cessary to advertise you, ftsi^ younjay l^e,ready,a,t,-thffif;st -Advertise- ment to land atthelioly Jsknfl, wind' and weather serving ; yet not to come from where you are un- WH't send yd to persuade the King,t9.^)ii8 CQijirse -^-asefisie^, that,bo,th his rc.v son and his affection to,hi^,suM^>S 'Jj'l',^°'''r"^™f'^' , .,^i^' '-- i '.l~ — H,'^«; r,.',„^ t„ u. 1W,„V Lord laHMMSy .. -- „ ,. ., ^,,. ,. , ^^ j advise it." And HamiltOU got a ■ftrarrant Under the , King's hahdj to *dealwith"the SootbTi'lfeard^rsin^tHe ! wriy thus suggested, it was 'at 'this time that > Monu i : trose ■*a» induced, by iTvhatikndtJves still remains un- [ i explained, to forsake the Covenant finfi join.the Kiug^s I i party, :#ii(3,BTeTO!wly to the treaty, Home, Bucoleugh, ■ anlsofn^- others ^0 f9TS0,q>)£,.thq na,tional .tanpi;., It is curious to contrast tliese disclosures. of,t>he, real . state df facts Art'lie time referred to, -^inth a piecp of gasconade in Heylyn's Life of Laud, (p. 365,) which, in its leading points; is c6ntradib'fed by letters under the "Kiflg'S- hand to Hamilton. "" Thfe^C ' pr^-para- itiona (for negotiation, says'tliis Doctor of dmnity) beingvmadelsthtey.fand an feasier business' of it thani they had ariyireason,ito ^pect, to briiig his Maiesty . to meet them in the middle way, ..,■,/*! io«s not m in- your Lordship from His Majesties Sacred Pen, yoii were left at your liberty to commit any act of Hos- tility upon the Rebels, when your Loi'dship should find it most opportune :' since which my Lord Hol- land with 1000 Horse and 3000 Foot marched to- wards Kelso, himself advanced towardsthem mth the Horse (leaving 'the Foot' three ■miles behind) to a Place called Maxwel-heugh, a height above Kelso; which when the Rebels discovered,' they 'instantly marched out -ivith 150 Horse, 'and (aS- myOOord Holland says) eight or ten thousand Foot ; five or six thousand there might have been. He thereupon sent a Trumpet cortinianding'thehi to retreat, ac- cording to what, .they had proniised by t\\e, Procla- mation. They asked whqse Trumpet he was, he said my Lord Holland's; their answer was, he were best to be gone. And so my Lord' Holland ma'de his Retreat, and waited on His' Majesty this night, to give him this account. ' - ' ' ''' 'This morning Advertisement is brought His Ma- jesty, that LesleyWith 12,000 men is atCoekburus- path, that 5000 men will be this night or to niorrow at Dunde, 6000'at Kelso; so His Majesty's opinibn is, with many of his Council, to' keep himself upon a Defensive, and ' make himself here as fast as' he'' can : for His Majesty doth now clearly see, and' is fully Satisfied' in his own Judgement, that what passed in the 'Gallery, betwixt His Majesty, your Lordship, and ray Self, hath' been' but too much verified on this occasion. And therefore His Mai- jesty would ' hot haVe you to begiti with them, but to settle tiling^ with you in' a safe and good piireture ; and iy.6urself to come 'hither in person, to ' consult whM Counsels are' fit to beitakeny' as the Affairs now 'hold; I ' And'so wishing iyonr Lordship a speedy passage, ! rest ' "' " '■' ' ' '' Your Lordships most humble! 'SeWant, . , ' 'i' .", ' ' and faithful Friend, From 'the Camp at • i ' ' ' H. Vane. Huntl^xfield this ' ' ' . i . , , , 4"'of July [June] 1639. ' Haviing notime to write my Self 'so much, I was foreed'to use, Ms 'Pen; "therefore I' shall only sayj' that what is 'hereiwiitteni-I-ha/ve du'ected, seen, and approved, ""l"! l,.''n"r ■, i ■ ' _,' , " - C^ R* 1639.— June j[7 or 8.] 49.' Siipplicki6)i, ht) tlie^PeoiiTe of Scotland toilieKing. * ' To I'HB KiNtik'MbS* EiCEtLENT MAtfESVlE, ' ^}io! ' Suppl'icjatiou (^ Ms Maj^'s^je^ , Subj ects ' pf , '," ' . " ' i7'^SPfW4'' fii ',,,i,' Humbly; sheweth,., 1 1.1 i"f> ,.,.. 'n..il'// m i' ' iThat ■*heTre the(former 'Ineanfeslusqdlby uS'have not' beene.Bfffeiifciiall for recoveringr .youi'. Majesties' I favour , andi.the peace of tins iy> fi 73. ' ,1 , I, . ■! 15 223 RECORDS OF THE [1639. would be graeeouslie pleased to appoynt some few of the many worthie men of your Majesties King- dome of England, who are well affected to the true religion, and to our common peace, heareby some of us of the same disposition, our humble desires, and to make known to us your Majesties graceous plea- sure ; that, as by the providence of God we are joyned in one Island under one King, so, by your Majesties great wisdome and tender care, all mis- takeing may be speedilie removed, and the two Kingdomes may be kept in peace and happinesse under your Majesties long and prosperous reigne ; for which we shall never cease to pray, as becometh your Majesties most humble Subjects. 1639.— June?. 50. Tlie Atmcer sent from the King by Sir Edmond The Kings Majestie having read and considered the humble supplication presented unto him by the Earle of Dumfermling, hath commanded me to returne this answer — That whereas his Majestie hath pubUshed a graceous Proclamation to all his subjects of Scotland, whereby he hath given them full assurance of the free enjoying both of Religion and Lawes of that Kingdome, and likewise a free pardon, upon their humble and duetifull obedience ; which Proclamation hath been hitherto hindred to be published to most of his said subjects : There- fore, his Majestie requires, for the full information and satisfaction of them, that the said Proclama- tion be publictlie read. That being done, his Majestie will be graeeouslie pleased to heare any supplication of his subjects. 1639.— June 8. 51. Sir Edmond Verney, his Memento of the Ansuxr from the Scotts NoUemen.-Y His Majesties Proclamation which I desired, in his Majesties name, to be published, wes called for * Folio MS., f. 74-75 — The looseness of Burnet and others who treat of this pacification, and the lack of dates to several of the documents, referable to the period of the negotiations, is apt to create uncertainty and indistinctness as to the several steps and stages in its progress ; and it is somewhat difficult to fix the precise days on which some of the notes, &c. were written and communicated. Minute exactness in this respect is perhaps now but of small import- ance, (though historical truth : depends much on chronological accuracy;) but attention to the fol- lowing particulars enables us, with considerable cer- tainty, to assign to the several documents their pro- per place. „ The repulse of the King's troops at Kelso took place on the 3d of June ; and in the interval betwixt that day and the 7th, the Earl of Dunfermline was despatched from the Scotch to the King's camp, with renewed supplications for opening negotiations. On the 7th, Sir E. Verney brought a message from the King, requiring his proclamation to be published ; and it was read at General Leslie's table on the 7th, when, accompanied by Dunfermlme, Verney returned to the King's camp with a favourable report. On the 8th, the King agreed to negotiate, and wrote a letter to that effect. On the 10th, (Burnet says the 11th,) the first meetmg took place, and three more after^ wards— -riz., on the 12th, ISth and 18th— at the last of which the King's Declaration was ac^usted, and the articles of pacification agreed to.— Ftrfe Baillie, vol i p. 179-183. t Polio MS., f. 75. by the Noblemen and others conveened to heare his Majesties graceous desire, and, with all due reverence, was read and heard ; unto which these Answers were made : — That they are most willing, in all humilitie, to receave his Majesties just commandment, as becom- eth loyall sul^ects : That the Estates being con- vened for holding the Parliament called by his Majestie, had receaved, from the Magistrats of the towne of Edinburgh, a copie of this Proclamation, which his Majesties High Commissioner had com- manded them to publishe ; and the said Estates, considering thereof seriouslie, did returne thir rea- sons to his Majesties Commissioner, why it could not be published, which they doe conceave were represented to your Majestie by your Commissioner, and thereunto they still adhere. 1. And aue of the reasons which I did heare from them was, that this Proclamation did not come in the ordinary and legall way — by his Majesties Counsell — which both is the law, and hath been the perpetnall custome of this Kingdome, and was acknowledged by the whole Counsell, ever since the beginning of this Commotion. In the presence of his Majesties Commissioner it was remembered also, that both his Majesties Counsell and Senatours of the CoUedge of Justice, being divers tymes since conveined, did testifie their dislyke thereof. 2. Another reason was, that they found it to be most prejudicial! to his Majesties honour, who is desirous to govern according to law. 3. A third was, that it was destructive of all their former proceedings, as traterous and rebel- lious, which, notwithstanding, they mentaine to be religious and loyall. 4. A fourth was, that whereas the meanest sub- ject cannot be declaired a tratour by proclamatioun, nor his estate forfeet but after citation and convic- tion in Parliament, or the Supreme Justice-Court, yet herein the whole bodie of the Kingdome, with- out any citation or conviction, are declaired rebellis and tratours, and their estates disponed to their vassells and tennents. A last was, that they were persuaded this did not flow from his Majesties royall disposition, but from men evill a,ffected to the peace of the Kingdome ; and that this was so farre from giving satisfaction to his Majesties subjects, that it so dbsolved all the bonds of union betwixt his Majestie and his native Kingdome, that there could be no hope of accom- modation of effaires thereafter in a peaceable way, which hath ever been their desire ; and that they were confident that his Majestie would take in his royall consideration how illegall in maners, and prejudiciall in matters, this is, both to his Majesties honour, and the weill of his Kingdome, and especi- alhe to the intendit pacification ; and that his Majes- tie will be well pleased to send a graceous answer to their humble Supplication sent by my Lord Dum- fermling. 1639.-^une 8. 52. Tlie King's Answer.* At the Kmgs Campe, the 8 of Junii 1639. His Majestie having understood of the obedience ot the Petitionersin reading his Proclamation as was commanded, is graeeouslie [pleased] so farr to con- descend to their Petition, as to admit some of them to repaire to his Majesties campe upon Munday next, at 8 a clock in the morning, at the Lord Gren- * Folio MS., f. 75. 1639.] KIRK OF SCOTLAND. 227 eralls tent, where they shall find six persones of honour and trust, appointed by his Majestie, to heare their humble desires, Johns Cook. 1639 June 8. 53. The Scotts Desire and Drcmght of a Safe CorAiM* Whereas the Subjects of our Kingdome of Scot- laud, have humbly supplicated that we may be graceouslie pleased to appoynt some of this our kingdome to heare, by such as shall be sent from them, their humble desires, and to make knowne to them our grave pleasure ; unto which Supplication we condiscend so farre as to admitt some of them to repaire to our campe, upon Munday, at 8 of the clock in the morning ; and, becaus they may appre- hend danger in their comeing abroad, or returning, we doe offer them, upon the word of a Prince, that the persones sent from them shall be safe and free from all trouble and restraint, whereof these shall be a sufficient warrant. We trust His Majestie will favonrablie construct this our humble requyreing of a safe conduct, since, when our confidence is in his graceous Majes- tie, we desire no further but assurance under his royall hajid — albeit, by statuts of England which were before cited to my Lord Dalyell — all assurance and conducts are declaired to be null, if they have not passed the Great Scale of England. The Proclamations published throughout the paroche churches of England, and these later sefnt to be published in Scotland, declairing us His Majesties subjects to be Eebellis, and our proceed- ings to be treacherous, forefeiting our estates, and threatening to destroy us, lay a necessitie upon us who desire to cleare ourselves, to crave a safe con- duct to His Majestie. The former refusall of a safe conduct to His Majesties Councell and Session, when they craved libertie to goo up and informe His Majestie of the true estate of our bussinesse, and to ourselves, when we desired libertie to dleare our proceedings and intentions to His Majestie, showes the greater necessitie of our craving the same for to give a full and free information of our affaires. This refusing of a safe conduct being knowne to the Army, makes them more unwilling then before, that any should goe there. Hereupon the former warrant of a safe con- duct, subscryved be John Cook, was alse Bubscryved be the King. 1639 ^June 8. 54. The Humble Desires of His Majesties Subjects of Scotland, at the first going of tlie Scotts (kmmis- sioners.'f 1. First, It is our humble desire that His Ma- jestie would be graceouslie pleased to assure us that the Acts of the late Assembly at Glasgow, indicted by His Majestie, shall be ratified in the ensuing Parliament, to be holden at Edinburgh the 23 of Julii, since the peace of the Kirk and Kingdome cannot indure farther prorogation. 2. That His Majestie, from his tender care of the preservation of our religion and lawes, will be graceouslie pleased to declaire and assure that it is his royall will, that all matters Ecclesiasticall be determined by the Assemblies of the Kirk, and matters civill by Parliament, which are for His « Folio MS., f. 75. t Folio MS., f. 75. Majisties honour, and keeping peace and order amongst the subjects in the tyme of His Majesties personall presence. 3. That a blessed pacification may be speedilie brought about, and His Majesties subjects may be secured, our humble desire is, that His Majesties schippes and forces by land may be recalled ; that all persons goods and schipps arreasted, may be restoired ; the losses which we have sustained by the stoping of our trade and negotiating, be repaired, and we made safe from violence and invasion ; and that all excommunicat persons, all incendiaries and misinformation against the kingdome, who hes, out of malice, caused these commotions for their owne privat ends, may be returned to suffer their deserved punishment, and the Proclamations sent abroad by them under His Majesties name, to the dishonour- ing of the King and defameing of the kingdome, may be suppressed ; as these are our humble desires, so it is our griefe that His Majestie should have been provoked to wrath against us His Majes- ties most humble and loyall subjects, and shall be our delight, upon his Majesties assurance, of the preservation of our religion and lawes, to give ex- ample to uthers of aU civill and temporall obedience which be required or expected of loyall subjects. That our desires are only the injoying of our religion and liberties, according to the ecclesiasticall and civile lawes of his Majesties kingdome, to cleare by sufficient grounds that the particulars which we humbly crave are such, and shall not insist to crave any pairt which is not so warranted, and that we humbhe offer all civill and temporall obedience to his Majestie which can be required or expected by loyall subjects. Reasons and grounds of our humble desires, 1. We did first desire a ratification of the late General Assembly in the insuing Parliament. First, Becaus the civill power is keeper of both Tables ; and, wherever the Kirk and Kingdome are ane bodie, consisting of the same members, there can be no firme peace nor stabilitie of order, except the ministers of the Kirk, in their way, presse obedience of the civill law, and magistrats and their civill power, and their sanction and auctoritie of the con- stitutions of this Kirk. 2. Secondlie, Becaus the late Generall Assemblie, indicted by his Majestie, was lawfulUe constitut in all the members, according to the institution and orders prescryved by the Acts of former Assemblies. 3. Thirdlie, Becaus no particular is inacted in the late Assemblie which is not grounded upon the Acts of preceding Assemblies, and is either expressly contained in them, or, by necessarie consequent, may be deduced from them : That the Parliament be keeped without prorogation, his Majestie kiiowes how necessar it is, since tlie peace of the Kirk and Kingdome call for it without longer delay. 11. We did secondlie desire that his Majestie would be pleased to declaire and assure, that it is his royall will that all matters ecclesiasticall be determined by the Assembhes of the Kirk, and matters civile by the Parliament, and other inferior judicatories established by law; becaus we know no other way of preservation of our religion and lawes, and becaus matters so different in nature ought to be treated respective in their owne propper judicatories. It was also desired that Parliaments might be holden at sett tymes, as once m two or tlirie years, by reason of his Majesties personall absence, which hindereth his subjects in their com- plaints and grievances to have immediat accesse to his Majesties presence. 228 RECORDS OF THE [1639. And whereas his Majestie requires us to limite our desires to the injoying of our religion and liber- ties, according to ecclesiasticall and civile lawes respective, that we never intend further then the injoying of our religion and liberties, and that all this tyme past it was far from our thoughts to diminish the auctoritie of our native King and dread Soveraigne, or to make any invasion upon the kingdome of England, which are the calumnies forged and spread against us by the malice of our adversaries, and for which we humbly desire that in his Majesties justice they may have their owne censure and punishment. III. Thirdlie, we desired a blessed pacification, and did expresse the most readie and powerful! means which we could conceave for bringing the same speedilie to passe, leaving other meanes serving for that end to his Majesties royall consideration and grave wisdome. Answer to the Querees propounded by his Majestie, The querees propounded by his Majestie, are^ First, Whither his Majestie hath the power of the sole indiction of the Generall Assembly ? Secondlie, Whither his Majestie hath a negative voice in Assemblies ? Thirdlie, Whither the Assembly may sitt, after his Majestie, by his auctoritie, lies discharged them to sitt ? I. Unto all which we answer. First, That it is propper for the Generall Assembly, by itselfe, to determine questions of this kinde ; and it is no lesse than usurpation in us, which might bring upon us the just censure of the Generall Assembly, to give out determination. II. Secondlie, The answering of aue of these three demands is the answering of all ; for if the sole in- diction of the Generall Assembly doe belong to his Majestie, there needs no question about the nega- tive voice and dissolving of Assemblies. Next, if his Majestie hes a negative voice, there needeth no question concerning the indiction and discharging. Thirdlie, If his Majestie may discharge the Assem- bly, there needeth no question about the other two. For our partes, we doe humbly acknowledge that the Kings Majestie hath power to indict the Assem- bUes of the Church, and whensoever in his wisdome he thinketh convenient he may use his auctoritie in conveining Assemblies of all sorts, whether generall or particular. We doe acknowledge also that the solemn and publict indiction, by way of proclama- tion and compulsion, doth belong propperiie to the Magistrat, and can neither be given to the Pope nor to any forragne power, nor can it, without usurpa- tion, be claimed by any of his Majesties subjects; but we will never thinke but that in case of urgent and extreme necessitie, the Church may, be her selfe, convene, continow, and give out her owne constitutions for the preservation of religion, 1. God hath given power to the Church to con- veene ; the love of God hath promised his assist- ance to them being conveened ; and the Christian Churches hes, in all ages, used this as the ordinary and necessarie meanes for establishing of religion and pietie, and for removeing of the evills of heresie, scandalles, and uther thlnges of that kind, which must be, and would bring the Church to be in miserie, if by this powerful! remeadie they will not be cured and prevented. 2. Secondlie, According to this divine right, the Church of Scotland hath kept her General! Assem- blies with a blessing from heaven ; for whil! our Assemblie hath continowed in their strenth, in the doctrine, in the worship and discipline, the unitie and peace of the Church continowed in vigour, pietie and learning wer advanced, and profaneues and idlenes wer censured. ,.•,.. 3. The Church of Scotland hath declaired, that all ecclesiastical! Assemblies hath power to conveene lawfuUiefortreatingof things concerning the Church and pertaining to their charge, and to appoynt tymes and places for that effect. 4. The liberties of this Church for holding Assem- blies is acknowledged by Parliament, and ratified anno !593 [1592] and that upon the ground of perpetual! reason. 5. Becaus there is no ground, either by Act of Assembly or Parliament, or any preceding practice, neither in the Christian Church of old, nor yet m our owne Church since the Eeformation, whereby the Kings Majestie may dissolve the Generall As- sembly, or assume unto liimselfe a negative voice ; but, upon the coutrare, his Majesties prerogative hes [is] declared by Act of Parliament to be no wayes prejudicial! to the priviledges and liberties which God hath granted to the spiritual! office- bearers of his Church, which are most frequentUe ratified in Parliament, and especiallie in the last Parliament holden by his Majestie. 6. By this meanes, the whole frame of rehgion and Church Jurisdiction shall depend absolutelie upon the pleasure of the Prince ; whereas his Majes- tie hath pubhctlie declared, by publict proclamation in England, that the Jurisdiction of the Church- men, in their meetings and Courts holden by them, doe not flow from his Majesties auctoritie, notwith- standing any Act of Pariiaments which hath beene made to the contrare, but from themselves, in their owne power ; and that they hold their courts and meeting in their oune name. 7. That whereas His Majestie, upon the 12 of June, receaved a paper of the schort generall grounds and limits of their humble desires, his Majestie was graceouslie pleased to make this answer, viz., that if their desires be only the enjoy- ing of religion and liberties, according to the eccle- siasticall and civil! lawes of his Majesties Kingdome of Scotland, his Majestie doth not onlie agrie to the same, but shall also protect them to the uttermost of his power ; and if they shall not insist upon any thing but that which is warranted, his Majestie most willinglie and readdilie [will] condiscend thereto ; so that, in the mean tyme, they pay unto liim tliat civil! and temporal! obedience which can be justlie required and expected of Loyall Subjects. 1639.— June 18. 55. Declaration hy the Khhj, and Terms of the Treaty* CHAttLES R. We having considered the Papers and humble Petitions presented to Us, by those of Our Subjects of Scotland who were admitted to attend Our Plea- sure in the Camp, and after a full hearing by Our Self, of all that they could say or alledge there- upon, having communicated tlie same to Our Coun- cil of both Kingdoms, upon mature Deliberation, with their unanimous Advice, have tliought fit to give them this Just and Gracious Answer ; That though We cannot condescend to ratifie and approve tlie Acts of the pretended General Assembly at Glasgow, for many grave and weighty Considera- tions which liave happened, both before and since, much importing the Honour and Security of that * Burnet, p. 141. 1639.] KIRK OF SCOTLAND. 229 true Monarchical Government lineally descended upon Us from so many of Our Ancestours; yet such is Our Gracious Pleasure, that, notwithstand- ing the many Disorders committed of late. We are pleased not only to confirm and make good what- soever Our Commissioner hath granted and pro- mised in Our Name; but also, We are further Graciously pleased to declare and assure, that, according to the Petitioners humble Desires, all matters Ecclesiastical shall be determined by the Assembly of the Kirk, and matters Civil by the Parliament, and other inferiour Judicatories esta- blished by Law ; and Assemblies, accordingly, shall be kept once a year, or as shall be agreed upon at the next General Assembly. And for settling the general Distractions of that Our Ancient Kingdom, Our Will and Pleasure is, that a Free General Assembly be kept at Edin- burgh the sixth day of August next ensuing, where We intend (God willing) to be personally present, and for the Legal Indiction whereof. We have given Orders and Command to Our Council ; and there- after a Parliament to be holden at Edinburgh the twentieth day of August next ensuing, for ratifying of what shall be concluded in the said Assembly, and settling such other things as may conduce to the Peace and Good of Our Native Kingdom, and therein an Act of Oblivion to be passed. And whereas We are further desired, that Our Ships and Forces by Land be recalled, and all Per- sons, Goods, and Ships be restored, and they made safe from Invasion, We are Graciously pleased to declare. That upon their disarming and disbanding of their Forces, dissolving and discharging all their pretended Tables and Conventicles, and restoring unto Us all our Castles, Forts, and Ammunitions of all sorts, as likewise Our Eoyal Honours ; and to every one of Our good Subjects their Liberties, Lauds, Houses, Goods, and Means whatsoever, taken and detained from them since the late pre- tended General Assembly, We will presently there- after recall Our Fleet and retire Our Land-Forces, and cause Eestitution to be made to all persons, of their Ships and Goods detained or arrested since the aforesaid time : whereby it may appear, that Our Intention in taking up of Arms was no ways for invading Our Own Native Kingdom, or to innovate the Religion and Laws, but mainly for the maintaining and vindicating of Our Koyal Authority. And since that hereby it doth clearly appear, that We neither have, nor do intend any Alteration in Religion and Laws, but that both shall be main- tained by Us in their full Integrity, We expect the performance of that humble and dutiful Obedience, which becometh loyal and dutiful Subjects, and as in their several Petitions they have often professed. And as We have Just Reason to believe, that to Our peaceable and well-affected Subjects this will be satisfactory ; so We take God and the World to witness, that whatsoever Calamities shall ensue by Our necessitated suppressing of the Insolencies of such as shallcontinue in their Disobedient Courses, is not occasioned by Us, bilt by their own procurement. [After this the following Articles were signed :] I. The Forces of Scotland to be disbanded and dissolved within eight-and-fourty hours, after the Publication of His Majesties Declaration being agreed upon. II. His Majesties" Castles, Forts, Ammunition of all sorts, and Royal Honours, to be delivered after the Publication, so soon as His Majesty can send to receive them. III. His Majesties Ships to depart presently- after the delivery of the Castles, with the first fair Wind, and, in the mean time, no interruption of Trade or Fishing. IV. His Majesty is Graciously pleased to cause to restore all Persons, Goods, and Ships, detained and arrested since the first of November last. V. There shall be no Meetings, Treatings, Con- sultations, or Convocations of His Majesties Lieges, but such as are warrantable by Act of Parliament. VI. All Fortifications to desist, and no further Work therein, and they to be remitted to His Majesties Pleasure. VII. To restore to every one of His Majesties Subjects their Liberties, Lands, Houses, Goods, and Means whatsoever, taken and detained from them, by whatsoever Means, since the aforesaid time. [Next, the Commissioners signed the following Note:*] In the Campe, 18 Junii 1639. In obedience to His Majesties Royal Command, we shall, upon Thursday next, the 20th of this June, dismisae our Forces, and iramediatelie there- after deliver His Majesties Castles, and shall ever, in all thinges, carry ourselves like Humble, Loyal, and Obedient Subjects. Rothes, W. Douglas, Dumfermlino, Al. Henderson, Lowden, - Arch. Johnstown. 1639.— June. 56. The Scottish Armies Declaratimi concerning the Acceptation of the Kings Majesties Answers.^ Least his Majesties Declaration, of the date Junii 18, concerning ane answer to our humble desire, presented by our Commissioners, should either be mistaken by our well-affected, or wilfuUie misconstrued by the malitious, whereby his Majes- ties justice and goodnes may be coucealled, or his Majesties good subjects may appear to have done or admitted any poynt contrare to our oath of Covenant ; the GeneraU, Noblemen, Barrens, Bur- gesses, Ministers, and Officers conveined before the dissolving of the Army, have thought it necessary to put in write what was related to them by their Commissioners from his Majestic — To witt. That, as his Majestic declared that he would not acknow- ledge nor approve of the late General! Assembly holden at Glasgow, for which cause it is called in his Majesties Declaration " a pretendit Assembly ;" so was it not his Majesties mynd that any of the Petitioners, by their acceptance of the said Decla- ration, should be thought to disapprove or parte from the samen, or condemne their owne proceed- ings as disorders and disobedient courses ; and, therefore, as they doe intreat all his Majesties good subjects, with submisse and heartie thanksgiving, to acknowledge and confesse his Majesties favour, in indicting a free Assembly, to be keept the 6 of August, and Parliament 20, for ratifieing of what shall be concluded in the Assembly as the propper and most powerfuU meanes to settle this Church and Kingdome : so would they have all his Majes- ties good subjects to know, that, by accepting the said Declaration and Articles of Pacification joyned therewith, they doe not, in any sort or degrie, dis- claime or disallow the said Assemblie, but that they still stand obleidged to adhere thereto, and obey * Polio MS., f. 78, and Burnet, p. 143. t Folio MS., f. 79. 230 RECORDS OF THE [1639. and mentaine the same; and for preventing and mistaking all misconstructions, let this be made knowne to all persons, and in all places where his Majesties declarations shall be published, which, as it is his Majesties oune mynd, expressed diverse tymes to our Commissioners, so are we assured that it wUl serve much for his Majesties honour, for the satisfaction of the godlie, and for the promot- ing of this blessed pacification for which all of us ought earnestlie to pray unto God, to remember also our late Oath and Covenant, and to walk worthie of it, and to beseech the Lord that, by the approach- ing Assembly and Parliament, religion and right- eousness may be established in the land. 1639 June. 57. Some Heads of His Majesties Treatie mth his Suijeots in Scotland hefare the Inglish NobUitie, and sett downe here for rememhrance* 1. For the preface and conclusion of his Majes- ties last Declaration, although it conteined hard expression of the Subjects in Scotland, his Majestie declaired that he had no such opinion of them, but requyred the paper to stand for his credit, and for ane point of honour with forraigne nations, and required they should not stand with him for words aud expressions. So they obtained the matter. 2. For calling of the late Assembly "pretended" — seeing the Subjects of Scotland professed they would never passe from the said Assembly and decries thertof, his Majestie declaires he did not acknowledge that Assembly farder then as it had registrat his Declaration. So would he not desire the subjects to passe from the samen. 3. Anent the Constitution of the Assembly, it was shawen his Majestie that none could be Mem- bers of the Assembly but such as had a Commis- sion, viz., 2 or 3 Ministers from each Presbetrie, with a Rewling Elder, ane from each Burgh, and his Majestie or his Commissioner. His Majestie concluded that his assessour had vote ; and upon ane expression in his Majesties declaration, referred that to some reasons contained in former proclama- tions, which wer utterlie against the lawfulues of Ruleing Elders, was desired, according to the cus- tome of this Kirk, all controversies ariseing should be remitted to the Assembly itselfe. His Majestie had some expressions craving these to be remitted to himselfe; but seeing that it was against the Constitution of the Kirk to have any other judge but the votters in the Assembly, where his Majes- tie or his Commissioner was present, and gave the first vote, " Free Assemblie," in his Majesties Declaration, did import the freedome in judging all questions ariseing there anent Constitutions, Members, or matters. 4. Anent the restitution of the Castles ; as the subjects did it freeUe, so did they expresse that which might concerne the safetie of the countrie. They referred that to the tyme of the Parliament, at which tyme they would signifie their desires by petition to his Majestie ; as also, they told it had cost much charges in fortifieing and keeping there- of — the representation whereof to his Majestie they referred to that tyme. 5. Concerning the restitution of persons, houses, goods, &c., required by his Majesty, it was pro- _ * Folio MS., f. 78. The correctness of this narra- tive of what passed at the negociationa was afterwards impugned by Charles, and it was burnt in London by the hands of the hangman. mised, provyding that the great soranes of money contracted for the publict were payed in ane equall way by all, which behoved to be done either by Commission from his Majestie or from the Parha- ment ; and when it was objected that much good was spent that was taken, the King answered, that as for goods or ammunition that was alreadie spent, they could not be restored, but these that are extant must be. 6. His Majestie not allowing of the late Assam- blie, for the reasons contained in his severall pro- clamations, being excepted against as presupposing and importing a declaration of His Majesties Judge- ment against ruling elders, which prejudged the right constitution of a free Assembly ; His Majes- tie, after a full bearing, deleited that clause. 7. That parte of his Majesties declaration, which beares that no [other] oath be exacted of entrants than that which is contained in the Acts of Parlia- ment, as also that clause bearing that the present Bischops, &c., shall be sensurable by a Generall Assembly — being excepted against as presupposing and importing the continowance of Episcopacie, which we could not acknowledge, as being incom- patible with the Confession of Faith and Constitu- tions of the Church ; — his Majesty was pleased to deleite both these clauses. And being, with all eonstancie and humilitie, pressed upon Saturday, Jimii 15, that his Majestie would satisfie that maine desyre of his subjects, by declairing that his Majestie would quyte Episco- pacie, he did answer that it was not sought in our desires : and when it was replyed that our first desires to have the Acts of the Generall Assembly ratified, [it] imported the same, his Majestie ac- Imowledged it to be so, and averred that he did not refuse it, but would advise till Munday the 17, at which tyme his Majestie being pressed to give some specification of quyteing Episcopacie, — and it being plainly showed that, if his Majesty should labour to mentaine Episcopacie, it would breid a miserable shisme in this Church, and make such a rupture and divisione in this Kingdome as would prove in- curable; and if his Majestie would let the Kurk and Countrie be freed of them, his Majestie would receave as heartie and duetifull obedience as ever Prince receaved of a people ;—lusMajestieanswered, he would not prelimite and forstall his voice ; but he had appoynted a free Assemblie, which might judge of ecclesiasticall matters, the constitutions whereof he should ratifie in the ensuing Parliament. 1639.— July 1. 58. Prodmiation oftlie Assemblie to be held in Apud Halyrudhous, prime Julii 1639. Sederunt, &c. Forsameikle as the Kings most Sacred Majestie, by his Graeeous proclamation lately published, of the date the [18] of Junii last, hes beene pleased, out of his pious and religious disposition to the trew rehgion, and out of his fatherlie care for removeing all feareis and doubtis whilks may arryse in the myndis of his subjectis, and upon diverse great and weightie considerations importing the glorie of God, the peace of the Kirk, and commonweele of the Kingdome, to appoynt and give order that a Gene- rall Assemblie be indicted, kept, and haldin in the Citie of Edinburgh upon the twelff of August next to come, with continowation of dayes: Therefore * Privy Council Record. 1639.] KIRK OF SCOTLAND. 231 the Lordes of Secreit Counsel, according to his Majesties warrand and direction given to thame in writt, ordains Letters to be direct, chargeing his Majesties Herauldes to pass and make publication heirof be opin proclamation at the Mercate Croce of Edinburgh, and other places needful], and to warne all and sundrie Archbishops, Bishops, Com- missioners of Kirks, and others having place and voice in the Assemblie, to repaire and addresse themselves to the said Citie of Edinburgh the said twelff day of August nixt to come, and to attend the said Assemblie dureing the tyme thereof, and ay and whil the same be dissolved, and to doe and per- forme all whilk to thair charge, in sic caises apper- teanes, as they will answer in the contrare at their perrel. Followes his Majesties Missive for warrand of the Act abouewritten. Chakles R. — Right trustie, &e. Having, by our Declaration of the date of the 18"" of this moueth, signiiied our pleasure for holding a Gene- rail Assemblie at Ed', where we intend to be (God willing) present in person : It is our pleasure that yow meit the said Assemblie, to be halden the twelff day of August nixt in the place aforesaid — causeing warne to that purpose all Archbishops, Bishops, Commissioners of Kirks, and others have- ing place and voice in the Assemblie, according to the proclamation made for the indiction of the late pretendit Generall Assemblie at Glasgow, for which these presents sal be your warrand. Wee bid yow fareweille. from our Court at Berwick, the 29'° of June 1639. 1639 July I. 59. A Protestation at the Mercat Oroce of EdinMirgh, lo/Jafit 1639." We Noblemen, Barons, Burrowes, Ministers, his Majesties most humble duetifull Subjects, who hes beene his Majesties Supplicants this tyme past, doe, in all humilitie acknowledge, and with most heartie affection receave, that his Majesties most gracious and royall favour in calling againe a free Assembly and Parliament for the finall settling of this Kirk and Kingdome in a firme Peace, so happily begune, which we eamestlie desire that may be perfyted ; desireing also, as becometh his Majesties good Sub- jects, to joyne in our most earnest endeavours with his Sacred Majestic for the preservation of the liberties and Constitutions of the Kirk in this his Majesties Kingdome, against the Usurpatione who have proven enemies to religion, to his Majesties honour, and which may import the violation of the oath of God which tyeth us to mentaine the lawfull Assembly holden at Glasgow, wherein it was found, by the Constitutions of this Kirk, that the office of Bishops and Archbishops [who] are now cited to assist (by his Majesties indiction) the ensuing Assem- blie ; and the Government of the Kirk by them, is abjured and ought to be removed out of this Kirk, and by the publict anctoritie thereof, they them- selves is, for their high usurpations, their novations in the worship of God, and uther hajrnous crymes, joyned with their obstinacie in stoptmg their eares agamst the voice of the Kirk, and declyning hir auctoritie, were most solemulie excommunicat there- for. Least this forme of indiction should interfere against us, the smallest acknowledgement of that pretendit office or government, or any right in the persones to sitt or voice in the Assemblies of the '*"PoUo, MS.,f. 79. Kirk or derogation to the Sentence of the Kirk, pronounced against them, or to the former protest- ations made by us ; or least it should import the least prejudice to the said full, lawfull, and frie Ge- nerall Assembly, which his Majestic, by his Royall word, and holden by us most sure and inviolable, did openly deelair to our Commissioners that he would not bidd us disapprove, or pass fra ; a\id was graciouslie pleased, at their humble desires, to cause delait such .clauses of his Majesties Declara- tion as might inferre the acknowledgement of Bishops to their Government : We, therefore, in our own names, and in name of all who adheres to the Covenant and Generall Assembly, Declair, before God and Man, and Protest — 1 . That we adhere, and stand oblidged by our former oathes and protestations, to mentaine the late Ge- nerall Assembly holden at Glasgow, being undoubt- edlie ane most lawfull and free Generall Assemblie ; and that all Acts, Sentences, Constitutions, Cen- sures and Proceedings of a fuU and free Generall Assembly of this Kirk of Scotland, and so have alreadie [had] execution under the ecclesiastical! paines therein mentioned, and conforme thereto in all poynts ; and in speciall these sentences of depri- vation and excommunication of the some tyme pre- tended Bishops and Archbishops of this Kingdome. 2. We Protest that we doe still continuwallie adhere to our Solemne Covenant with God, accord- ing to the Declaration of the Assembly, whereby the ofBoe of Bishops and Archbishops is declaired to have beene abjured. 3. We Protest that these pretended Bishops and Archbishops who yet usurpes that title and office, abjured by this kirk, are contemners of the sentences of this Kirk, and hes beine malicious in- cendearies of his Majestic against this kingdome by their wicked calumnies, that if they returne to this kingdome, they be esteemed and used, accursed and delivered over to the Divell, and cutt off from Christs bodie as ethinicks and publicans ; and that this present citation import no acknowledgement of them as Members of the Assembly, nor any wayes prejudge the lawfull Acts of the said free Generall Assembly. 4. We Protest that all misinformations of the Kings Majestie against his good subjects, and all givers of counsell against the will of the realme, be acouseable and censurable at the next Parliament, according to our former protestations, according to the Act of Parliament King James 4, there men- tioned ; and that all the subjects of this Kingdome, entertainers and meutainers of excommunicat per- sons, be orderlie proceeded against with excommu- nication, conforme to the Acts and Constitutions of this Kirk. And seeing the Session is now appoynted to sitt doune which tendeth'to the prejudice of his Majes- ties good subjects, and who hath beene so latelie busied in the preparations for the defence of the religion and countrie, that they are now necessarlie reteired to their owne dwellings for settleing their privat effaires, that they cannot be tymouslie adver- tised to attend any lawfull bussines without greater prejudice than benefite, and that the most parte of the leidges have so secured their evidents that the same cannot be in readines in so short tyme of Ses- sion; Therefore, and in respect the downe sitting of the Session cannot be utherwayes legallie intimat to them but upon 40 dayes, whereof there are but 20 dayes to run of the appoynted tyme of this meet- ing. We protest that all the Members of the CoUedge of Justice and all his Majesties Leidges are in bona fde not to attend this Session ; but that all Acts, 232 RECORDS OF THE [1639. Sentences, Decreits, and Interloquitours to be given and pronounced against tliem, (if any shall be), are in the selfe null and ineffectual!, sicklyke as the same had not beene given nor pronounced ; and protests for remead of law against the same and everie ane of them. Lastlie, we Pkotest that we may have libertie to amplifie and enlarge this our Protestation, and rea- sons thereof; whereupon the Eatle of Dalhoussie in name of the Noblemen, Sir W" Ross in name of the Burrows, Mr Andrew Eamsayin name of the Ministers, took Instruments in the hands of the Notars present in the Croce of Edinburgh. 1639.— July 5. 60. Admce by Hamilton to the King* To leave all that is past, the Question is briefly ; Whether the Assembly and Parliament now in- dieted is fittest to be held or discharged ? If held, the Success of the Assembly will be the Ratifying of what was done at Glasgow ; or if that point be gained, yet certainly most of the Acts that were made there will of new [be] enacted : nor is there any hope to prevent their finding Episcopacy to be abjured by their Covenant, and the Function against the Constitution of their Church. This will be by the Members of Parhament rati- fied, and put to the Kings Nagative Voice, and if it be not condescended to by him, it is more than pro- bable, that his Power even in that Court, and in that Place, will be questioned. If it be discharged, nevertheless the Assem- bly will be keeped by the Rebels, and the same things done in it by them, and thereafter main- tained by the generality of the Kingdom : this con- sequently will bring alongst with it the certain loss of Civil Authority, and so necessitate the re-estab- lishing the same by Force, or otherwise the deser- tion of that Kingdom. So it is to be resolved on, whether it be fit to give way to the Madness of the People, or of new to in- tend a Kingly "Way ? If way be given to what is mentioned, it is to be considered in that case, if the King shall be per- sonally present or not ; if not present, who shall be imployed, and how instructed ? If the Kingly Way be taken, what shall be the means to effectuate the intended end ; particularly how Money may be levied for the waging of this War, and if that be feisible without a Parliament ? If a Parliament, what the Consequence may prove ? So all maybe summed up in this ; Whether to permit the AboUshing of Episcopacy, the lessen- ing of Kingly Power in Ecclesiastick Affairs, the Establishing Civil Authority in such manner as the Iniquity of the Times will suffer, and to expect better ; and what will be the Consequence of this if way be given thereto : or to call a Parliament in England, and leave the event thereof to hazard and their discretions, and in the interim Scotland to the government of the Covenanters ? 1639.— July 17. 61. Pricate Wam-ant from King Cliarles I. to tJie Marquis of Hamiiton, to coimerse with the Cove- nanters-i' Charles R. We do, by these presents, not only authorise, but requu-e you to use all the means you can with such of the Covenanters as come to Berwick to learn which way they intend the estate of Bishops shall be supplied in Parliament, what our power shall be in ecclesiastical affairs, and what farther their intentions are : for which end you will be necessi- tated to speak that language which, if you were called to an account for by us, you might suffer for it. These are, therefore, to assure you, and, if need be, hereafter to testify to others, that whatsoever you shall say to them to discover their intentions in these particulars, you shall never be called in ques- tion for the same, nor yet it prove anyways preju- dicial to you ; nay, though you should be accused by any thereupon. To our Trusty and well-beloved Cousin and Counsellor, the Marques of Hamilton. Berwick, July 17, 1639. * Burnet, p. 144. + Hardwicke, vol. i., p. 141 ; who adds this note : " As Burnet, in his Memoirs of Hamilton, has already 1639.— July 27. 62. Imtrudions by tlie King to Traquair as Commissioner.* Charles R. At the first Meeting of the Assembly, before it be brought in dispute who shall preside, you shall appoint him who was Moderator in the last Assembly, to preside in this till a new Moderator be chosen. We allow that Lay-elders shall be admitted Mem- bers of this Assembly ; but in case of the Election of Commissioners for Presbyteries the Lay-elders have had Voice, you shall declare against the infor- mality thereof, as also against Lay-elders having voice in Fundamental Points of Religion. At the first opening of the Assembly, you shall strive to make the Assembly sensible of Our Good- ness, that, notwithstanding all that is past, whereby We might justly have been moved not to hearken to their Petitions, yet We have been Graciously pleased to grant a Free General Assembly, and for great and weightie Considerations have commanded the Archbishops and Bishops not to appear at this Assembly. You shall not make use of the Assessors in pub- lick, except you find you shall be able to carry their having Vote in Assembly. You shall labour to your uttermost that there be no question made about the last Assembly ; and, in case it come to the worst, whatever shall be done in Ratification, or with relation to the former Assembly, Our Will is, that you declare the same to be done as an Act of this Assembly, and that you consent thereunto onely upon these terms, and no ways as having any relation to the former Assembly. You shall by all means shun the Dispute about Our Power in Assemblies ; and if it shall be urged mentioned, though in an inaccurate way, this extras ordinary warrant, it is thought not improper to pub- lish it exactly from the original." — Burnet's state- ment thus referred to is to the. following effect (p. 148 :) — " But, before they came to Berwick, the King ordered the Marquis, by a warrant in writing, yet extant imder His Majesties hand, to try what way he covld ^ain upon them,, and discover the bottom of their intentions,, how the est,ate of Bishops should be supplied in Parliament, and how far they intended to lessen the King^s Authority. The King also allowed him to use what means he pleased, and speak to them what he thought fit ; not onely authorizing, but requiring him to it, and warranting him, if he were ever questioned or accused for it by any. Bearing date at Berwick thel7thof July 1639." * Burnet, p. 149. 1639.] KIRK OP SCOTLAND. 233 or offered to be disputed whether We have the Negative Voice or the sole power of Indicting, and consequently of Dissolving, except you see clearly that you can carry the same in Our Favours, stop the Dispute ; and rather than it be decided against Us, stop the course of the Assembly until We be advertised. For the better facilitating of Our other Services, and the more peaceable and plausible progress in all Businesses recommended to you. We allow you at any time you shall find most convenient, after the opening of the Assembly, to declare. That, not- withstanding Our Own Inclination, or any other Considerations, We are contented, for Our People's full satisfaction, to remit Episcopacy and the Estate of Bishops to the Freedom of the Assembly, but so as no respect be had to the Determination of the Point in the last Assembly. But in giving way to the abolishing of Episco- pacy, be careful that it be done without the appear- ing of any Warrant front the Bishops ; and if any offer to appear for them, you are to inquire for their Warrant, and carry the Dispute so, as the Conclu- sion seem not to be made in prejudice of Episco- pacy as unlawful, but onely in satisfaction to the People, for settling the present Disorders, and such other Reasons of State; but herein you must be careful that Our Intentions appear not to any. You shall labour that Ministers deposed by the last Assembly, or Commissions flowing from them, for no other cause but the subscribing of the Peti- tion or Declinator against the last Assembly, be, upon their Submission to the Determinations of this Assembly, reponed in their own Places ; and such other Ministers as are deposed for no other faults, that they be tried of new ; and if that cannot be, strive that Commissions may be directed from this Assembly for Trying and Censuring them accord- ing to the nature of their Process. That immediately upon the Conclusion of this Assembly, you indict another at some convenient time, as near the expiring of the Year as you can ; and if you find that Aberdeen be not a Place agreeable, let Glasgow be the Place, and if that cannot give content, let it be elsewhere. The General Assembly is not to meddle with any thing that is Civil, or which formerly hath been established by Act of Parliament, but upon His Majesties special Command or Warrant. We will not allow of any Commissioners from the Assembly, nor no such Act as may give ground for the continuing of the Tables or Conventicles. In case Episcopacy be abolished at this Assembly, you are to labour that We may have the power of chusing of so many Ministers as may represent the 14 Bishops in Parliament ; or if that cannot be, that 14 others, whom we shall present, be agreed to, with a Power to chuse the Lords of the Articles for the Nobility for this time, untill the Business be further considered upon. We allow that Episcopacy be abolished, for the Reasons contained in the Articles, and the Cove- nant 1580, for satisfaction of Our People, be sub- scribed, provided it be so conceived that thereby Our Subjects be not forced to abjure Episcopacy as a, point of Popery, or contrary to God's Law or the Protestant Eeligion ; but if they requure it to be abjured as contrary to the Constitution of the Kirk of Scotland, you are to give way to it rather than to make a Breach. After all Assembly-business is ended, imme- diately before Prayers you shall, in the fairest way you can, protest that, in respect of His Majesties Kesolution of not coming in Person, and that His Instructions to you were upon short advertisement, whereupon many things may have occurred wherein you have not had His Majesties Pleasure, therefore and for such other Eeasons as occasion may fur- nish, you are to protest that, in case any thing hath escaped you, or hath been condescended upon in this present Assembly, prejudicial to His Majesties Service, that His Majesty may be heard for redress thereof in his own time and place. We will not allow that, either by the Commis- sions already granted, nor upon no other Bill or Petition, any part of the burden of the Charges of the last Business be laid upon any of Our good Subjects, who have stood by Us, and have refused to subscribe their Bonds and Covenants. That you stop the Signatures of the Eights of Kintyre, Abbacy of Dear, Abbacy of Scoon, and generally all Acts in favours of Covenanters, so far as you can, without stopping the ordinary course of Justice ; and you are to consider withall how His Majesties Eight to any of the aforesaids may be put on foot without making interruption to the pre- sent Business in hand. You shall take a course whereby the Rents of all such Bishopricks as are vacant be detained, and either by Warrant of the Incumbent, or by Demis- sion may be collected ; and when any person shall be provided to these Benefices so vacant, Our Will is, that you take the same course with the Rents of these, as by these We do command you to doe with the rest of the Eents of the Bishopricks of Scotland, which is this, to cause draw up a formal Assigna- tion to the whole Rents, Fruits, Customs, &c., belonging to the Bishoprick, whereof they are Bishop, to be subscribed by them to and in Our Favour ; upon return whereof to you, you shall give Power and Commission to such Persons as you shall receive, under every one of their Hands, to collect and intromet with the aforesaid Eents of the several Bishopricks, and to deliver and be accomptable to you for the same ; and, upon your receipt thereof, you are to issue them out immediately again to the aforesaid Bishops, or any having their Warrant to that effect. You shall hear the Complaints or Petitions of any of Our Subjects, or against any of Our Sub- jects, but such as you know to be Sufferers for refusing to joyn with the Covenanters in the Cove- nanting way ; and you shall protect all such Per- sons by all the fair ways you can, and particularly Sir John Hay and Sir Robert Spottiswood. If any thing occur either in Civil or Ecclesiastical Judicatory, wherein you have not Our express Will and Pleasure signified unto you, wherein you see clearly Our Eoyal and Princely Power and Autho- rity prejudiced. We will you to acquaint Us there- with before any Proceeding be made. You shall pay weekly for defence of Our Castle of Edinburgh an hundred Souldiers at eight pence per diem, besides the English Gunners and Arti- ficers, at the Eates set down by the Marquis of Hamilton, And as for Euthwen himself, you shall assign him the Eents of the Castle ; and you shall likewise keep a competent number of Workmen for completing the Fortifications already begun, and shall withall provide the Castle with 6 moneths Victuals for the foresaid number of Souldiers and other Officers. And as for Dumbriton, you shall pay for the Defence thereof Souldiers at eight pence per diem, to the number of 40 ; allowmg the Eents and other Customs thereof for paying the Captain and other Officers. At Berwick, the 27'" of July 1639. 234 RECORDS OF THE [1639. 1639. — August 6. ttd. Letter jrom the King to the ArclMshop of St And/rews.* Charles H. Eight Trusty and Well-beloved Counoellour, and Eeverend Father in God, We greet you well. Your Letter, and the rest of the Bishops, (sent by the Elect of Caithnes) to my Lord of Canter- bury, hath been shown by him to Us ; and after serious Consideration of the Contents thereof. We have thought fit Our Self to return this Answer to you, for Direction according to Our Promise, which you are to communicate to the rest of your Brethren. We do in part approve of what you have advised concerning the Prorogating of the Assembly and Parliament, and must acknowledge it to be grounded upon Reason enough, were Eeason only to be thought on in this Business ; but considering the present state of Our Affaire, and what We have promised in the Articles of Pacification, We may not (as We conceive) without great prejudice to Our Self and Service, condescendthereunto ; where- fore We are resolved, nay, rather necessitated, to hold the Assembly and Parliament at the time and place appointed. And, for that end, We have nominated the Earl of Traquair Our Commissioner, to whom We have given Instructions, not only how to carry himself at the same, hut a Charge also to have a special care of your Lordships, and those of the inferiour Clergy, who have suffered for their Duty to God and Obedience to Our Commands. And We doe hereby assure you, that it shall be BtiU one of Our chiefest Studies, how to rectifie and establish the Government of that Church aright, and to repair your losses, which We desire you to be most confident of. As for your Meeting to treat of the Affairs of the Church, We do not see at this time how that can be done ; for within Our Kingdom of Scotland, We cannot promise you any place of Safety, and in any other of Our Dominions We cannot hold it con- venient, all things considered : wherefore We con- ceive that the best way will be for your Lordships to give In, by way of Protestation or Remonstrance, your Exceptions against this Assembly and Par- liament to Our Commissioner, which may be sent by any mean man, so he be Trusty, and dehver it at his entering into the Church ; but We would not have it to be either read or argued in this Meet- ing, where nothing but Partiality is to be expected, but to be represented to Us by him, which We promise to take so in consideration, as becometh a Prince sensible of His Own Interest and Honour, joined with the equity of your Desires; and you may rest secure, that, though perhaps We may give way for the present to that which will be pre- judicial both to the Church and Our Own Govern- ment, yet We shall not leave thinking, in time, how to remedy both. We must likewise intimate unto you, that We are so far from conceiving it expedient for you, or any of my Lords of the Clergy, to be present at this Meeting, as We doe absolutely discharge your going thither, and, for your absence, this shall be to you and every one of you a sufficient Warrant. In the interim, your best Course will be to remain in Our Kingdom of England, till such time as you * Burnet, p. 154. « Penned" by Hamilton, and "interlined" by Canterbury. — Bumet, p. 163. receive Our further'Order, where We shall provide for your Subsistence, though not in that measure as We could wish, yet in such a way as you shall not be in want. Thus you have Our Pleasure briefly signified unto you, which We doubt not but you will take in good part ; you cannot but know, that what We doe in this We are necessitated to. So We bid you farewell. Whitehall, Aug. 6, 1639. 1639.— August 10 & 11. 64. Declinator by the Scotch ,Prelates, in obedience to the King's Letter.* Whereas His Majesty, out of His surpassing Goodness, was pleased to indict another NationiU Assembly for rectifying the present Disorders in the Church, and repealing the Acts concluded in the late pretended Assembly at Glasgow, against all right and reason, charging and commanding us the Archbishops and Bishops of the Church of Scotland, and others that have place therein, to meet at Edinburgh the 12th of August instant, in hopes that, by a peaceable Treaty and Conference, matters should have been brought to a wished Peace and Unity; and that now we perceive all these Hopes disappointed, the Authors of the pre- sent Schism and Division proceeding in their wonted courses of AVrong and Violence, as hath appeared in their presumptuous Protestation against the said Indiction, and in the bussiness they have made throughout the Country for electing Ministers and Laicks of their Faction to make up the said Assem- bly ; whereby it is evident that the same or worse efi'ects must needs ensue upon the present Meeting, than were seen to follow the former. We, therefore, the Under-subscribers, for dig- charge of our Duties to God and to the Church, committed to our Government, under our Soveraign Lord the Kings Majesty, Protest, as in our former Declinatour, as well for our Selves as in name of the Church of Scotland, and so many as shall adhere to this our Protestation, That the present pretended Assembly be holden and reputed null in Law, as consisting and made up partly of Laical persons that have no OfBce in the Church of God, partly of refractory, schismatical, and perjured Ministers, that, contrary to their Oaths and Subscriptions, from which no Humane power could absolve them, have filthily resiled, and so made themselves to the present and future Ages most infamous 4 and that no Churchman be bound to appear before them, nor any Citation, Admonition, Certification, or Act whatsoever, proceeding from the said pretended Meeting, be prejudicial to the Jurisdiction, Liber- ties, Priviledges, Rents, Possessions, and Benefices belonging to the Church, nor to any Acts of former General Assemblies, Acts of Council, or Parhament made in favours thereof ; but to the contrary, That all such Acts and Deeds, and every one of them, are and shall be reputed unjust, partial, and illegal, with all that may follow thereupon. And this our Protestation we humbly desire may be presented to His Majesty, whom we do humbly supplicate, according to the Practice of Christian Emperours in Ancient times, to convene the Clergy of His whole Dominions, for remedying the present Schism and Division, unto whose Judgement aad Deter- mination we promise to submit our Selves, and all our Proceedings. Given under our hands at Morpeth, Berwick, ' Burnet, p. 165. 1639.] KIRK OF SCOTLAND. 235 and Holy Island, the tenth and eleventh of August 1639. /Signed, St Andrews, Wal. Breohlnen, Da. Edinburgen, Ja. Lismoren, Jo. Rossen, Ad. Aberdon. Th. Galloway. 1639.— August 20. 65. Letter from the King to Traquair. Charles K. Eight Trusty, We have hitherto commanded Hamilton to answer several of your Letters ; but that of the le"" of August being of more weight than any of your former, We have thought fit to answer it Our Self. And whereas you say, that nothing will satisfie them, except in terminis the last Assembly be named and ratified, or that way be given to the discharging Episcopacy as abjured in that Church, as contrary to the Confession of Faith 1580, and the Constitu- tions of the same, you being yet in some hope, that the word Abjured may be got changed, and that in drawing up the words of the Act it be onely con- demned, as contrary to the Constitution of that Church ; We in this point leave you to your In- structions, they being full, if you consider what We have said concerning Episcopacy, and subscribing the Confession of Faith 1580 : We thinking it fit to declare hereupon untoiyou, that let their Madness be what it will, further than We have declared in Our Instructions in these points. We will not go. For the Service-book and Book of the Canons, though We have been and are content it be dis- charged ; yet We will never give Our Voice nor Assent, that they be condemned as containing divers Heads of Popery and Superstition. In like manner, though We have been and are content, that the High Commission be discharged ; yet We will never acknowledge that it is without Law, or destructive to the Civil and Ecclesiastical Judicatories of that Our Kingdom, nor that the Five Articles of Perth, though discharged with Our Approbation, be con- demned as contrary to the foresaid Confession. As concerning the late Assemblies, We cannot give Our Consent to have them declared null, since they were so notoriously Our Father (of Happy Memory) His Acts : It seeming strange, that We having condescended to the taking away all these things that they complained of, which were done in those Assemblies, they will not be content therewith, without laying an Apersion on Our Fathers Actions. Wherefore if the Assembly will in despite of your Endeavours conclude contrary to this, you are to protest against their Proceedings in these points, and be sure not to ratifie them in Parliament. Concerning the yearly indicting of General As- semblies, and the Confession of Faith, We com- manded Hamilton in his of the le"" to answer that point to this effect : That We think it Infinitely to Our Prejudice, that AVe should consent to tie Our Self for the keeping yearly of their Assemblies, not needing to repeat the Reasons, they being well enough known to yon; seeing at Berwick it was conceived upon debate of that Point, that your having Power to indict a New one within the Year, would save that dispute, which you are by all means to eschew. But if this will not give satisfaction, you are by no means to give your assent to any such Act, nor to ratifie the same in Parliament. The Article in your Instructions, which is onely, * Burnet, p. I56i That the Covenant 1580 shall be subscribed, you must have an especial care of, and how you pro- ceed therein : That the Bond be the same which was in Our Fathers time, mutatis mutandis; and that you give your Assent no other ways to the in- terpretations thereof then may stand with Our future ■Intentions, well-known to you : nor is the same otherways to be ratified in Parliament. Thus you have Our Pleasure fully signified in every particular of your Letter, which you will find no ways contrary to Our Resolution taken at Ber- wick, and Our Instructions given to you there. But if the Madness of Our Subjects be such, that they will not rest satisfied with what AVe have given you Power and Authority to condescend to, which notwithstanding all their Insolencies We shall allow you to make good to them. We take God to wit- ness, that what Misery soever shall fall to that Country hereafter, it is no fault of Ours, but their own procurement. And hereupon We do com- mand you, that if you cannot compose this Business according to Our Instructions, and what We have now written, that you prorogue the Parliament till the next Spring ; and that you think upon some course how you may make publickly known to all Our Subjects, what We had given you Power to con- descend to. And because it is not improbable that this way may produce a present Rupture, you are to warn and assist Ruthven for the defence of the Castle of Edinburgh, and to take in general the like care of all Our Houses and Forts in that Kingdom ; and likewise to advertise all such who are affected to Our Service, that timously they may secure them- selves. And so We bid you heartily farewell. 1639.— August [10, 12,] 30. 66. Declarations hy Traquair as Commissioner. ' At a Sederunt of the Privy Council, on 10th August 1639, a Letter from the King (dated 6th) was produced and recorded, intimating the appointment of Traquair as Commissioner to the Assembly and Parliament, in which his Majesty required their Lordships " not onlie to attend at the said Assem- blie and Parliament, but to concurre and assist our said Commissioner in ewerie thing may conoerne our service, as he sail requyre yow, or communicat with yow frome time to time ;" and they, " in all humble obedience, promist to attend at the said Assemblie and Parliament, and to concurre with the said Lord Commissioners Grace in ewerie thing conforme to his Majesties said Letter." On the 12th of August, his Lordship appeared at another Sederunt of Council, and produced his commission. And, on the 30th of that month, at another sede- runt, the Earl of Rothes, and others, as commis- sioners, appeared in the Council, and gave in a petition and declaration relative to the subscription of the Confession and Covenant, and bearing that the Council would interpone its authority, which was done accordingly. Immediately after, of the same date, there is the following Minute, which we transcribe from the register as important, inasmuch as there is a marginal note adjoined to it in the fol- lowingterms: — "DedmotertioAugusti, 1641. Ddatt at Command, and in presence of tjie Estaittis of Par- liament." These minutes are essential to the full * Privy Council Record. 236 RECORDS OF THE [1639. understanding of the position in which all parties stood at the close of this Assembly, previously to the meeting of Parliament, after various prorogations, in the autumn of 1639. And sicklylce the forsaid day, the Lord Commis- sioner desyred of the Lords of Privie Counsell, that the severall declarations made and emitted be him, in the General! Assemblie, might be insert and re- gistrat in the Boolcs of Privie Counsell, therein to remain ad futuram rel meTtwriam ; quhilk desyre the saidis Lordis fand reasonable, and have ordaint and ordainis the saids declarations to be insert and regisirat in the Books of Privie Counsell, c^uherof the tenor foUowis : — I, Johne Earle of Traquaire, His Majesties Com- missioner in this present Assemblie, Doe, in his Ma- jesties name, Declare, That notwithstanding of his Majesties owne inclination, and manie other grave and weightie reasons moveing him, zit suche is his incomparable goodnes towardes his subjectis of this Kingdome, that for giveing satisfaction" to his people, and for quoting of the present distractions, He doth consent that the Five Articles of Perth, the Government of the Kirk by Bishops, Civill Places and power of Kirkmen, be declared unlaw- ful! within this Kirlc, as contrare to the constitutions thereof. And I doe alwayes hereby declare, that the prac- tice of the premiss, prohibit within tliis Kirk and Kingdome, sail neither bind nor inferre censure agains the practisers outwith the Kingdome. And farder, declare that the word occasional, in the end of the Act of the date the 17* of this instant, wes not in the draught agreed upon with me in pre- sence of the Counsel!, but was thereafter addit in the Assemblie, without my knowledge or consent. Farther, I declare, whatever is allowed be me in this Assemblie, is meirlie and onelie as ane Act of this Assemblie, without anie respect or relation to the last pretendit Assemblie at Glasgow. And becaus that manie things have occurred in the present Assemblie which may concerne Patron- ages belonging either to the Crowne, Bishopricks, or others his Majesties good subjects, as also by finding Civil! Places and power of Kirkmen unlawful!, his Majestie may be prejudgit in Parliament, and least heirby or by anie other act, civillpower and auctoritie may be wronged by my weaknes, or not tymelie ani- madverting thereto, I declare and protest that his Majestie may be hard for redresse in its owne tyme and place. And I declare lykewayes, that whatever Commis- sion and Commissions are direct frome the Assem- blie, whiche may import or occasion anie other meet- ings or conventions of the subjects then the ordinarie meetings of Kirk Sessions, Presbiteries, Synods, and suche as are allowed lie the Lawis of this King- dome, that the same is null and of no effect, and altogether disassented to by me. 1639.— October 1. 67. Letter from the King to TraqnaJir.* Charles R. Right Trusty, &c. Your Letter of September the 27"' to Hamilton We have seen, and thmk fit to return Answer there- unto Our Self ; and the rather because We find by yours, that some Points in the former Letter were * Bnmet, p, 1S8. not so fuUy expressed, but that you desire more clear Answers. First you say, that in all your Direc- tions it is condescended, that by Act of Assembly Episcopacy should be declared unlawful in this Kirk ; and that by all the Capitulations of Agree- ment, and Instructions given to you, that same is allowed to be ratified in Parliament upon the foresaid terms agreed upon in the Assembly. In this Point We must tell you, that you are much mistaken : for though you have Power for giving way to the Abolition of Episcopacy, as contrary to the Consti- tutions of the Church of Scotland ; yet you will not find either in your Instructions, or any other Di- rection since sent you, that We have consented to declare the same Unlawful : We making a great difference therein, for many things may be contrary to the Constitutions of a Church, which of them- selves are not simply unlawful ; for whatsoever is absolutely unlawful in one Church, cannot be law- ful in the other of the same Profession of Religion, but there may be many several Constitutions, and yet they all lawful. Therefore if I do acknowledge or consent, That Episcopacy is unlawful in the Church of Scotland, though as you have set it down in your consenting to tlie Act, the word Unlawful may seem onely to have a relation to the Constitu- tions of that Kirk ; yet the Construction thereof doth run so doubtfully, that it may be probably in- ferred. That the same Function is acknowledged by Us to be unlawful in any other Churches in Our Dominions. Therefore as we totally disapprove of your consenting to the word Unlawful, as well to the Function, as Civil Places and Power of Church- men, in the Act of the General Assembly : so We absolutely command you not to ratifie the same in these terms in the Parliament, but onely as con- trary to the Constitutions of that Kirk ; and to declare, that We ratifie this Act meerly for the Peace of the Land, though otlierwise in Our Own Judgment We neither hold it convenient nor fitt- ing ; which you are to declare at the Ratifying of the same. And for the rest of your Declaration in the Assembly, to lie registered in the Books of Council, for brevities sake We send you herewith a Copy of the same, as likewise that of the Covenant, interlined in those places which We disapprove of, and conceive to be the contrary to your Instruc- tions, and some other Directions. As We have formerly written to you, We cannot consent to tlie rescinding any Acts of Parhament made in favour of Episcopacy ; nor do We conceive that Our refusal to abolish those Acts is contradic- tory to what We have consented to, or to that we was obliged to : there is less danger in discovering any future Intentions of Ours, or at the best letting them guess at the same, than if We should permit the rescinding those Acts of Parliament, which Our Father with so much expence of Time and Industry established, and which may hereafter be of so great use to Us. And though it should perhaps cast all loose, (as you express ;) yet We take God to wit- ness, We have permitted them to doe many things in this Assembly, for establishing of Peace, contrary to Our Own Judgment. And if on this point a Rupture happen. We cannot help it ; the fault is on their own part, which one day they may smart for. So you haVe in this Point Our iuU Resolution. We likewise wrote formerly to you, that We thought it not fit at this tune, that the Power of the Lords of the Articles should be defined, and that you are to avoid the same, and to be sure not to consent thereunto. Now your last Letter gives Us ground to repeat the same again, and to declare to you, that We remain in Our former Opinion. 1639,] KIRK OF SCOTLAND. 237 And whereas you say, that it is to no purpose to vex Us with all the indiscreet and mad Propositions that are made, since they go about not onely to re- form all pretended Abuses, of what nature soever, but to constitute and define the Power of all Judi- catories from the highest to the lowest, and that you are like to agree in few op none of the General Acts : If you find, that what We have commanded you to doe is likely to cause a Eupture, their im- pertinent Motions give you a fair occasion to make it appear to the World, that We have condescended to all matters which can be pretended to concern Conscience and Religion ; and that now they aim at nothing but the Overthrow of Royal Authority, contrary to all their Professions, which We can neither with Honour nor Safety suffer. And there- fore We hope and expect, that if a Rupture happen, you will make this appear to be the cause thereof, and not Religion, which you know not onely to be true, but must see it will be of great advantage to Us, and therefore must be seriously intended by you. We have no Directions of new to give you, con- cerning the Marquis of Huntley, Sir Donald Mack- donald, or any others to whom Malice is carried for their Zeal for Our Service, but again recommend them to your care. What hath past betwixt your self and the Earl of Argyle, We have heard nothing of ; but We are easily induced to believe, that what you wrote of his undutiful Carriage is true, and that you will easily make it appear, to which AVe will give no unwilling Ear. Thus you have your last Letter answered, with what for the present and on such a sudden hath come into Our thoughts : and so We bid you Fare- well. Whitehall, Octob. 1, 1639. 68. Moll of the Members of the General AsserMy — 1639. The Earl op Tbaouair, Comimmoner. Mr DAvin Dick, Moderatai: The following Roll is incomplete — the only copy of it that we have been able to discover, being de- fective. It is in the repositories of the Church ; and several folios of the MS. in which it is written are torn off. We give the fragment, however, as we find it, as an index to the class of persons of which the Assembly was composed. Presbytery of Hamilton. Maister James Johnstoune, M. at Stenhous. Mr Johne Herriot, M. at Blantyre. R. Elder, Robert Hammaltoune of Mylneburne. P. Lanerke. Mr Williame Livingstoune, M. at Lanerk. Mr Alex' Somervell, M. at Dolfingtowne. Mr Richard Inglis, M. at Nobstoune. Elder, Mr Williame Bailzie of Lammgtowne. B. Lanerke. Gideon Jacke, Bailzie. P. St Androisk Mr Andrew Auchenleck, M. at Largo. Mr James Bruce, M. at Kingsbarns. Mr George Hammiltowne, M. at Newburne. E. Elder, Jolm Lord Sinclare. B. St Androii. Jamea Sword, Unicersitie of Si Androis. Mr David Forcett, ane of the M" of the auld Colledgi Bwrglierof Cam-eiU. Hammiltovrae, Bailzie. Burl, of KUreny, Thomas Sympsone, Towne Clerk. B. Anstrutlier, Eister. Williame Hammiltoune, Burges. B. Amtruther, Wester. Jo'» TuUois, Gierke. B. of Pettineweyirw. James Airthe, Commone Gierke. P. Comer. Mr John M'Gill, M. at Mr W" Bennett, M. at Monimell. Mr Walter Grege, M. at Balraerinoche. John Lord Lyndesay, R. Elder. B. of CoKper. George Jamesoune, Merchand. P. Kirkaldie. Mr Rob' Douglas, M. at Kirkaldie. Mr Fredrick Carmichaell, M. at Kenway. Mr Robert Cranstoune, M. at Scoone. R. Elder, Johne Erie of Rothes. B, of Kirkaldie. ^ John Williamsoune, Burges. B. Bysart. David Sympsone of Montorpie. B. JCinghorjie. Mr Robert Cunnynghame, Burges. B. BnintUing. George Gairne, Bailzie. P. JDtmfermling. Mr Johne Row, M. at Carnoke. Mr Johne Duncane, M. at Culros. Mr James Sibbet, M. at Torrie. R. Elder, Robert Lord Burley. BrugJie of JDumfermling. James Reid, Provest. B. Oidros. George Bruce of Carnoke. B. Innerkeithnie. Marke. P. Bwmhlane. Mr Henrie Livingston, M. at Kippen. Mr Andrew Reid, M. at Tillicultrie. Mr W" Edmonstone, M. at Kilmadock. R. Elder, Sir George Stirling of Kers, Knig'. P. of Achterarder. Mr George Muschett, M. at Donyng. Mr James Row, M. at Muthill. Mr John Erskine, M. at Achterarder. E. Elder, Mr George Grahame of Inchbrakie. P. ofPertlte. Mr Robert Murray, M. at Methvene. Mr John Robertsone, M. at Perthe. Mr Alex' Petrie, BL at Rind. R. Elder, Johne Moncreiff, Laird of Moncreiff. B. of Perth, James Dundie, Bailzie. jP. Ihmkeld. Mr William Menzies, M. at Kenmuir. Mr John Andersone, M. at Curygale. Mr Johne Strachane, M. at Ruling Elder, Mungow Campbell, fear of Lawreis. P. MeigUl. Mr George Somer, M. at Megill. Mr George Halyburtowne, M. at Glenyllay. Elder, James Lord Cowper. P. Dundie. Mr Andrew Wood, M. at Monyfurthe. Mr John Eobertsone, M. at Ocherhous. E. Elder, David. Grahame of Fintrye. 238 RECORDS OF THE [1639, B. ofDundije. James Fletcher, Provest. P. Forfar. Mr John Lyndsay, M. Aberlemno. Mr Silvester Lamy, M. at Slanes. Mr Alex' Kinningmoiit, M. at Kilmaur. R. Elder, James Lyone of Albar. Burt of Forfar. David Hunter, Provest. P. Breclien. Mr Johne Weymes. Mr James Crightowne. Mr Lawrence Skinner, R. Elder, James Erie of Montrois. B. Briclien. Robert Dempster. B. Montrois. Johne Gorgeine, Bailzie. P. Arbrothk. Mr Alex' Inglis, at St Vigeanes. R. Elder, Johne Auchterlony of Corme. B. ArbrotJie. Mr George Inglis, Surges. P. Merins. Mr James Reid, M. at Abernethe. Mr Androw Mylne, at Fitteresse. Mr Alex' Sympsone, M. at Canvath. R. Elder, Sb Robert Grahame of Morphy. P. Aherdeine, Mr David Lyndsay, M. at Balhelvie. Mr Androw Abercrommy, M. at Fentry. R. Elder, Johne Erie of Kinghorne. Urmsersitie of Aherdeine. B. of Aherdeine. ^ • « * P. Deer. Mr James Martene, M. at Peterhead. Mr W° Forbes, M. at Fraserbrugh. Mr W" Jafray, M. at Acth riddell. R. Elder, George Blair of Auchmedden. P. Alfuird. Mr Androw Strachan, M. at TilUnessel. Mr W"" Davidstoune, M. at Kildrumy. Mr Rob' Seheine, M. at Forbes. R. Elder, Mr James Forbes of Hamiltowiie. P. FMon. Mr W" Strachan, M. Muthhek. R. Elder, William Setoune of Shithine. P. Turroff. Mr Thomas Mitchell, M. at Turroff. Mr George Sharpe, M. at Shyve. R. Elder, Charles Erie of Dumferraling. P. Kinha/me. Mr Robert Forbes, M. at Eight. R. Elder, W" Forbes, fear of Corsindell. P. Gairroche. Mr William Wedderburne, M. at Buthelne. R. Elder, John Erskine of Balbeardy. p. Fordyce. Mr Alex' Seatoune, M. at Banffe. R. Elder, Su: Alex' Ahererombie, Kny*. B. of Couleni George Hempsyd, Bailzie. B. ofBampfe. Androw Baird. jB. Elgyne. Mr John Dowglas. P. Elgyne. Mr Gawine Dumbar, M. at Alnes. Mr Alex' Spence, at Briney. R. Elder, Thomas M^Kenzie, of Pluseardy. P. Aberl/mr. Mr Jo" Weymes, M. at Rothes. R. Elder, Walter Innes. P. Strahogie. Mr W" Mylne, M. at Glasse. R. Elder, Patrick Gibsone. P. Forres. Mr Patrick TuUoche, M. at Forres. Mr Jo" Brodie, M. at Auldyrne, Mr W" Falconer, M. at Dycke. R. Elder, Pa. Campbell of Bothe. B. Forres. Mr Johne Dumbar. P. Iniiernes. Mr James Vaiss, M. at Croy. Mr W" Frisell, M. at Canvel. Ruling Elder, Mr James Campbell of Moy. B. Innenies. Duncan Forbes, of Coulloden, Surges. p. Ckanrie, Mr George Monro, M. at Sidney. Mr Gilbert Murray, M. at Tain. Mr David Ros, M. at Logic. E, Elder, Walter Innes, of Innerbrekie. B. Tain. Thomas M^CuUoche, Bailzie. P. Dingicall. Mr David Monro, M. at Killajme. Mr Murdoohe M'Kenzie, M. at Contane, R. Elder, Sir Joline M^Kenzie, of Tarbat. P. Domoclie, in SutJierland. Mr Alex' Monro, M. at Dornoche. Mr William Gray, M. at Clyne, Mr George Sutherland, M. at Regard. R. Elder, George Gordowne, brother to the E le of Sutherland. P. Tlmrso, in Kaithnes. Mr George Lesslie, M. in Bower. B. Elder, Johne Maister, of Birrindaill. B. of Wiolc. Mr William Umphray, M. at Brassa;. aaepnrt of tie ^rotteaCnsS THE LATE GENERALL ASSEMBLY, Indicted by the Kings Majestic, and Holden at Edinburgh, the 12 of August, 1639. The Earlb OF Traquair, Commissioner for the Kings Ma- jestic, 1639.* A Sermon preaclied hy the Eercrend Mr Alex. Hen- dersone, before t]ie ^ing doune of tlie Gen. As- sembly begun the 12 ofAvgust, 1639. THE PREFACE. We have now found an aceesse to a Throne of Grace, and I pray God that these that are assembled here together to get this worke crowned, may first labour to get these two thinges removed : — first, the conscience of our guiltinesse ; aJace, there are none that decemes or considers their sinnes ! One thing should move our hearts — that the commons of the land are so ignorant that they know not God, and from that proceeds such vrickednes. If pastors ' had beene more dih'gent in iustmcUng, this Church had had a better face ere now : 2, Our weaknesse stayes as a mountaine, and we cannot climbe unles j we be helped. There is no remeadie but the hright- * Folio MS., fromf. 169 to f. 211. 1639.] KIRK OF SCOTLAND. 2.S9 nes of His mercie, that he would discipat this cloud ; and uo remeadie for our weaknea Ijut the power of his might. Let us therefore hegg the same ic the name of Jesus. The text, Acts 5, 33 wrse, to the end. Now when they heard it, they burst for anger and consulted to slay them. Then stood there up iu the Councell a certaine Pha^ risie named Gamaliel, a Doctor of the Law, hon- oured of all the people, and commanded to put the Apostles forth for a little space, and said — Men of Israeli, take head to yourselves, what ye intend to do toutching these men, &o. The words that were spoken by Peter and the other Apostles, could give no just cause of provoca- tion to the adversaries ; for in their doctrine they insisted upon two innocent points : ane was faith in Christ — that since the Lord whom they crucified was now exalted to be a prince, that therefore they might believe in him and get remission of sinnes ; and |the other was obedience — they ought to obey God rather than man. Yet they resolved to kill them ; and had done so, if the Lord had not raised up a man to save them, and he prevailed, that their furie was layed, wherein the Apostles rejoyced and doubled their zeale. There is four particulars in' the text very consider- able : 1, The bad effects the Apostles preaching had in the peoples hearts. 2, The meane that God did use in saving of his servands. 3, The unjust proceedings of the adversaries. 4. The disposition and diligence of the Apostles, that ceased not ; whereby youleame that oftentymes it comes to passe, that men in autho- ritie are provoked against rehgion. Whether in obe- dience to God, or inthetryell of their faith, yet the Lord" hesmany wayes to serve his aune children; and the end shall be joy to the Saints and advance- ment to the Gospell. Let us returne to the first, [which] was the bad effects of the preaching, and that was twofold : ane in their hearts, another in their heads. They were cutt to the heart. The word is borrowed fra the cut- ting of a sword or saw. In the 7 Acts it is said, " they gnashed with their teethe ;" and in the 2 Acts, 37, its said, " they were pricked in their hearts." We find another effect, but its different. The ane and the other are verie lilte. 11 Bom. 8 v., he calles the spirit of slumber, the spirit of compunc- tion. The godly have a pricking, and the wicked have a pricking, as in the place 2 Acts, 37, they were pricked and took councell ; but they goe to them that wounded them, but they do not so here, but would slay them. The word of God hes very different effects in the godlie and the wicked. 1 Rev. 1 6, its like a two-edged sword ; and 4 Heb., lyvehe and mighty in operation. It either pricks or cutis ; its either a word to cure thee or to kill thee. The Ministers of Christ, although they be other wayes of no reputation, yet if they could handle hia sword aright, it should wound. The children of God, when they are wounded, should beare it pa- tientlie : they are wounded because of their sin — the other because they cannot committ sin. So the ane prepaires for Christ, the other for destruction. The ane shall end in health, the other in woe. And it may seeme very strange, that all this tyme we should never have heard of a Letter from our Pre- lats that have beene wounded with the sworde. Men and brethren, I will not insist in their guil- tinesse ; but we can say no more of them but what the text sayeth— which is, " they tooke councell to kill us." And] now^we come to the councell they resolved to slay them. Oounsell is good and excel- lent ; neither bath it beene derogatorie to autbori- tie ; for, as Solomon sayeth, " in councell there is stabilitie." These matters that are not agitat by councell are tossed upon fantacy. As Solomon felt the benefite of using it, so Rehoboam found the evill of not using it ; first, because it was young ; se- condlie, because it was violent. Consider the coun- cell of our adversaries. It was very violent ; but it had not the other, for the men wanted not their yeares ; yet they had this violence. They had an- other bad quaUtie to supplie that, and tliis yow may learne from the 17 v. Many of them were Sad- duees and so unmeit to be councellors ; for in the 23 Acts, yow see they beleeve not the resurrection ; and where such unbelievers and councellours are, their sentence will be, " cutt the throat of Church and Commonwealth." They care not what violence they use to get preferment — but especially Kirkmen that are Sadduces ; what crueltie shall be exercised by them — but especiallie when they are given over to the divell. Ministers, when they fall, are like angells that are divells. No men in Scripture are called divells but ministers ; so they become incar- nat divells. Give God thanks and his Majestie that hes given us this day to meet together ; and no thanks to them, that either yow are hearing or I am preachmg to yow. FoUowes the meane— the second thing — which was the man that spocke, and his speache. The man was a Pharisie. Next, he was learned, and a Doctor of Divinitie ; for his good pairts of reputa- tion, naturallie and poUticallie wise ; and upon such grounds, that he convinces them all. And fiurther, he seemes to be a peaceable man, and does what he can to save innocent blood. But there was ane thing wanting — ^that was in Christ, and love to the word. 22 Acts, it is said, Paul was brought up at the feet of G.amaliell. As was the schoUar, so was his master. He was ignorant, and so a persecutour. There is more requyred for the accomplishment of a man than the gifts of the mynd, which this man seemes to have, A mans natural pairts are like a vesture of gold ; and the gifts of grace, are like the precious stones ; but this faith is like a pre- cious diamond in the middle — incomparably greater in worth. Judge of kings according to their quaU- tie. The best of these, beside the great jewall, are given to the wicked and to the godlie, and are be- stowed on them for other mens good, and not for their owne : but this propper to thyselfe and for thyselfe, and this jewall shall make thee rich, and it concernes none more then ministers. It is re- quyredofministers that they should be learned, and in reputation with the people ; wise, peaceabhe dis- posed, and learned — hSaxTi^i ; although they can- not come to eminent, yet competent knowledge — ■ 1 Titus 5 — to exhort, and comfort, and convince the enemy ; not Uke these men that hes instruments — sheares and tubbes to cutt off the wool and to carry their milk away ; but no care to feede them. I say they should be furnished with all thinges, both out- wardUe and inwardlie ; and it is a pittie that we have not a Lebanon for tries to grow in — a professour here and a professour there. All the planting will soone be destroyed, and there be not a place for them. We are all crying for good ministers to have a care of the good plants. That is not learning to read a sermon, or to spoil it in the telling. It is a pittie those that boasts so should be so vaine, and as great a pittie that we have not sound divinitie. Many gets other mens preachings, and these that are learned should be given to such alterculatiouns ; yet and although thow were als learned as Gamaliell, and thow have no more, thow art not to be a minis- ter of Christ. Yow know what entertainment the 240 RECORDS OF THE [1639. Apostles gott at Athens: they mocked them. A man that hes a learned head and a graceles heart, he Is unmeit for Christs worke. Let us joyne both together. Of all men that ever I was acquainted with, I saw none so prophane as ministers. What was good in this man let us stryve to outmatch it ; and what he wajited, let us labour to have our soules filled with the love of Christ, and thinke more of grace then learning. , ., ■ Before I come to his speach, see not onlie Gods mercies, but also Gods providence. He uses his providence which his wisdome had designed ; and there is two pieces of his providence here scene : ane was first, the Lord brought them back from the doores of death when their soul was, as it were, in their hand ; secondlie, by such a meane as they couldnotdreame of; and these two are very ordinarie with the Lord. When yow are in extremitie, he shewes himselfe and in such wayes, and we may truehe say, he hes done so with us — that when Episcopacie was deeplie rooted, even then God would cutt it downe. Wherefore doeth the Lord so ? Answer, For three reasons — ^first, that when the Lord comes in extremitie, that his hajid may be declaired, and he get the greater glorie — 33 Isai 9. Lebanon is ashamed and cutt downe ; secondlie, for the further confusion of the enemies — Obadiah 3, whose habitation is in the high roekes, who sayes in their hearts, who shall bring me down to the ground ? thirdly, for our encouragement and our posteritie after us, that we should onlie put our con- fidence in Him who is only able to heipe us. Now we come to the speach itselfe ; wherin, first, take notice of his intention — restraine ! He was a wise man, and knew no good would follow if they were harmed. He knew the Romans would be angrie, and that the people had a good likeing to them. This was a good and peaceable intention, though not a pure and pious ; if he had any ayme to Gods glorie and to the gospell of Christ, it had been good. I make no question there is enough among us that have peaceable desires and laudable intentions ; but more is requyred. Let us labour to have pious intentions, not only to have the present troubles settled. If it shall soone breake foorthe againe, see what is agrieable to his will, iste est malus qui sum causce bonus, that is, good only for him- selfe. Let us beseeche the Lord that we may have hearts to seeke his honour and the enlargement of Christs kingdome. Now for his argument. I would have yow re- fraine from these men. If it be of God, it will come to passe. This argument had its owne weaknes. If it be of men it should be hindred ; of God it should be furthered — Thes. 3 — should have putt them to tryall. We will not passe what is commendable in him. He proceeds on a good ground — if of men to be rejected ; if of God, to be received. 25 Matth. 25. — The baptism of John, was it from Heaven or of men ? 4 Ephes Try the spirits whether they be of men or God, It was the perpetuall doctrine of the Prophets — " Thus saith the Lord :" and Paul saith, "That which I receaveddoe I delyver." Those that are disciples must be believers — not what man saith ; first, that it is true in matters in- ternall, but not in matters externall. Moses, when he is appoynted to build the tabernacle, he gets his directions. Solomon, when he built the temple, had his warrant from David ; and least they thinke Solomons warrant not to be sufficient, Ezeehia had his warrand according to the commandement of David. O, but you will say, its not so in the New Testament ; there is not so many ceremonies. Its a pitifall thing we will not acknowledge that which we are not ignorant of, distmgnishe betweene multitude and number of ceremonies. They had many : we have fewer. Shall we thinke we have not so great light as they that were to put ane as- persion on Christ ? Let us stryve to learne what Gods will is. When it is of God, receive it ; but when of men, reject it. Many ceremonies have ex- ercised the Chirrch of Grod many tymes, and espe- ciaUie that of the governement of the Kirk : iud there is twa causes that hinders the decyding of it — first, the hudge judgement of God upon the con- gregations, and so puts Gods servands to tryell. The second cause is the avarice of Churchmen, So long as their avarice lasts there is no end of Episcopacie. Thirdly, becaus we doe not examine what kynd of governement Christ gave. The ques- tion of government is not ^ris but /acSi. Why? Is that agreeable with reason and civill governement ? No. But, de facto, what governement Christ hath established. Ane office that is jure dinno, should be established ; but if it be ane office of man, it ought to be rejected. This great Doctor teacheth us that when God fights against man, he shall pre- vaile ; but when man fights against Glod, they shall be found fighting against him. 11 Gen. — The builders of Babel — the Lord made eveiy ane of them that they knew not what another said. This was an easie thing to the Lord : and so the worke was interrupted in building. The Lord is wonder- full in building and bringing downe Babel. Great opposition was made against Joseph by his brethren, and great opposition against David ; yet Gods couucell behoved to stand. What opposition was made against Joseph by his brethren, and great opposition against David ; yet Gods councell be- hoved to stand. What opposition was made against Gods people in Egypt, in bringing them out of Egypt ; yet they behoved to come foorth ; and yow know great opposition hes beene used against this worke be the wicked. But yet, blessed be God, it hath proclaimed itself through the land. He brought in two instances to prove that the worke of man will come to noght — ane of Thew- das — he was ane that conceaved himselfe- to be a prophet, but a false ane ; and Judas, he would have desuaded the people from giving that duetie to the civile magistrat that they ought to have done ; and there were sects that followed them. The errours of religion commonlie springes either from the spirit of Thewdas, which is a spirit of fantasie ; the other is the spirit of rebellion ; and that's not of God neither. Consider, although they be the mauie, yet there is more lykewayes, as there are spirits contrare to the spirit of Thewdas, and this is the spirit of Pha- roah — who said, " who is the Lord that I should serve him ?" and that is Atheisme. The other is contrare to Judas, and that is Herods, that runnes to flattery, and gives man that that appertaiuea to God. As Atheisme is ane abomination before God, so is rebelUon and flattery. The true reformed religion abhorres disobedience, and gives to Csesar that which is Csesars : and sure we professe a harmles religion. I would exhort you to it, 2 Kings, 1, To the course of faith which abhorres godlesnes and yaine conceipts of men. I am now pleading for the innocencie of religion. Ye know what our adver- saries have printed against us ; that we are guiltie of many crymes and trickes, and that we have made people to fayne themselves inspired with the spirit of divination, wliich is against Gods trueth. The second thing is the course of obedience. There was never a greater friend to Kmgs then Christ. There 1639.] KIRK OF SCOTLAND. 241 is no question now about Juda of Gallilees part, whetlier we should pay tax or not ; neither of that inward reverence to princes, or that respect we carry to him. I wishe his owne prayers were never heard that doeth not heartillie pray for his Majestie. But the question is. What is his part in religion and matters ecclesiasticall ? It is both said and printed, that I should have spocken much that my fellow-brethren and the rest of the Covenanters would not allow of. First, I said and say, that Koyall inspection belongs to Kings over Kirk mat- ters, and that the King was supreme Bischop of all this Kingdome. Now, my adversarie thinkes I made him a Kirkman. I am ignorant, but not so. As for the head of the Kirk we acknowledge none but Christ ; and for the other, Episa^ms is a name that is als weill propper to a civile magistrat as spi- ritual : Therefore Coustantine saith, wis estis Epis- copi intra, ego extra. Nixt, that he is custos utriusque tabulce. Vindication belongs unto him who carries the sword of sanction and coerotion and convoca- tion of Synods, as now this present Generall Assem- bly is eouveined ; and as he conveines, soe its said, examines them. If he find anything against the word of God, he should reject it. Thus I speake not of a negative voice his Majestie hath. And now I have shewea yow the particulars I have beine taxed upon, hoping this honourable Assembly will further consider of it ; and now I come to speake ane word to your Commissioners Grace who repre- presents his Majestie, (The speache to the Commissioners Grace, which is the conclusion of the sermon.) As for your Grace his Majesties Commissioner, we beseech yow to see that Ceesar have his owne ; but let not Csesar have what is due to God and be- longs to him. God hes exalted your Grace to many high places within these few yeares, and more espe- ciallie now. Be thankfuU, and labour to exalt Christs throne. Some are exalted like Haman — some like Mordicai. Aild I pray God these good pairts the Lord hes endued yow withall, yow may use them aright, as the Israelites, when they came out of Egypt, did give all their silver and gold for building of the tabernacle. I tell your Grace yow must becomptable for all your actions, especiallieiu these pubUct bussinesses. And to yow, right honour- able and right worshiptuU members of this Assembly, goe on in your zeale constantlie. Surelie it shall be refreshment to yow and your children, that yow should have lived when the light of the Gospell was almost extinguished, and now to see it quickened againe. After all these troubles, with a holy moderation, goe on ; for zeale is a good servant but ane ill mas- ter ; like a schippe that hes a full saill and wants a Tuther. "We have need of Christian prudence; for ye know what ill speeches owr adversaries have made upon us. Let it be seene to his Majestie, that this governement can very weill stand with a monarchi- cal governement. Hereby we shall gaine his Ma- jesties favour, and God shall get the glorie; to whom be praise for ever and ever. — Amen. FINIS. The Proceedings of the late Solemno AssenMy, holden at EdMm-gh 12 of August 1639. Mr Alex' Hendersones Speache. Surely so many of us as consider any thing of the wayes of God toward us, and the conscience of our owue guiltinesse, may verily say, its of the mercies of God that we are not consumed : ffor we deserve no lease than that. The Lord had mercie on us, and brought us ance togither before, after many defec- tions and grosse backslydings, and vouchsafed the testimony of his divine presence very sensiblie upon us, which should never be forgotten of us whilst we live. This is another mercie that the Lord hath been pleased, after so many troubles and tempests, hazarding all church and kingdome, familie, persone, and estates, that he should grant us this calme and comfortable day to meete in, and that we have his libertie, under the protection of our sacred Sove- raigne, the Kings Majestie. And now when we are assembled together, and hath all thinges externall in libertie and freedome, without any apparent danger for ought that we know, is there no more adoe ? Yea truelie : though all the worthiest of this kingdome were here assembled, (as I thinke a great pairt of them be,) yet if the Lord do not vouchsafe his presence upon ns, our meeting shall be in vaine, and better it had beene for us not to have mett. Therefore let us request the Lord to remove these illes farre from us, that hath deserved he should desert us ; and that he may looke comfortabUe upon us, and that our soules may rejoyce in his presence, we may have matter of praise to render to him, and matter of comfort to our soules and the establish- ment of peace to this ku'k and kingdome. After in calling upon the name of God, the Mo- deratour desyred these that were authorized with commissions from Presbyteries, Universities, and other incorporations, to produce the same. John, Earle of Traquair, Commissioner for the Kings Majestie. The name of the Commissioners from Presbitries, Burghes, and Universities, as foUowes, &c. [Not inserted in M.S.] After the production of the several commissions, the Kings Commissioner desyred that the tyme of their meeting might be condiscendit upon ; and whether it were convenient to have two sessions a day or not ? It was thought expedient to meete tomorrow at ten o'clocke, and that tomorrow there should be but one sessione, and thereafter to be taken to the As- semblies consideration, if convenientlie two sessions could be keipt. Mr John Robertsone, and Mr Robert Murray appoynted to nominat some ministers to preache all the weake, and to give their names tomorrow. Sess. 2. — Hora Dedma. August 13, 1639. After in calling upon the name of God, the Kings Majesties Commissioner produced the Commission, which being red in face of the Assembly, the Con^- missioner his Grace desyred it might be insert in the Bookes of the Assembly, the tenor whereof foU loweth — " Carolus, Dei Gratia," &c. The Commissioners Grace declaired, that howso- ever there was in him great weaknes and insuf&- ciencie for so weightie a charge, yet he hoped that he should malce knowen unto the Assembly his Ma- jesties grace and goodnes in that ingenuous way as should give satisfactione to all, and that not in a superficiall and complimentary way ; but since his Master had honoured him so farre, he desyred that (though his weaknes, for want of experience, might make him sometymes silent when it was fitting to speake, and other tymes to speake out of purpos,) the goodnes and wisdoms of the reverend members might supplie his inlakes. The Moderatour answered — There is none of us can bragg of our experience, becaus of the want of 16 242 RECORDS OF THE [1639. Assemblies this long tyme agoe ; but we hope within twenty yeares our experience shall be greater. Moderatour said — Please your Grace, the antient and laudable custome of Assemblies hath beene, that he that was Moderatour of the last Assemblie should propose a list of names, of the which number a new Moderatour may be chosen. The Commissioner answered — I perceive no pre- judice in that forme, since ye allow that if my Master have anything to say against these or to add to them. The Moderatour craved libertie before the list was red to preface thus much — that since it was not possible to put all the worthies that were present on a list, therefore no man would take any offence. Tlie List of the Names far a Moderatour. Mr W" Livingstoun, Mr Andro Cant, Mr David Dick,* Mr Alexander Somervell. Mr James Bonar, The Moderatour asked the Commissioner, if his Grace had any thing to except against these, or if his Grace had any other whom he would adde to them ? The Commissioner answered — I have so charit- able, yea, so Christian an opinion, that I believe none can come heir but with the intention and resolution that yow have so often expressed, looking to nothing but to Gods glorie and next to the Kings honour. Not that I have prejudice against any that are here — surely none — but considering my Masters directions are so faire and so plaine, that I believe, as he intends nothing but settleing of trueth and freeing us of feares that we might be possessed with, either for novation in religion or lawes : so I believe, yea I expect and am confident, that everie man that comes heir resolves to carry himselfe with that integritie as in the eyes of God, to whom they must make answer ; and as standing to doe that duetie which in the second parte belongs to our graceous Soveraigne : for myselfe, I may Imow some men by acquaintance, and thereupon may have opinion; but I attest God I have no prejudice against these on the list, nor any that are here ; yet I desire that yow yourselfe Moderatour may be both added to the list and may be Moderatour still ; and this I desire for no other end but because I believe it may contribute much to the worke in hand. Howso- ever, I submitt myselfe to the judgement of the rest. The Moderatour answered — If your Grace had continowed in the last Assemblie, your Grace might have scene as much of my weaknes made manifest at that tyme as should have beene a sufficient pre- vention of listing me at this tyme. I trust I shall not neid to speake much. I have enough if I be prest with it, whereby I shall make it manifest to this whole meeting, that I cannot be continowed in this place. The Commissioner said — I doe insist in this for no other end trueUe but that I have alreadie said. Since I am requyred to delyver my opinion, I may doe it upon my knowledge ; and I doubt nothing but if the gifts and worthe of many reverend men * It maybe proper to explain that Mr Bavid Dick^ whose name is so often introduced as taking a part in the proceedings of these Assemblies, is the same per- son as Mr David Dickson, minister of Irvine. This abbreviation of his name appears throughout aJl the MS. reports we have seen, although, in the list of members, 1638, and other documents, it is given at full length. This abbreviation, we presume, has arisen from some colloquial and conventional usage at the time ; but it is right to note the circumstance, in order to prevent mistakes. who are here were knowen unto me, but it might be I should voice with them ; but truely, by my insisting for this, I feir I wrang the end I goe about, and I know not weill how to expresse my- selfe in it, and safe myselfe from seeming to give ground of feires of that I seeke to eschue, to witt, that I am free of prejudice. Alwayes I name the Moderatour for no other end (as God shall save me) but becaus I thinke him both ane honest man and ane able man, and I thinke this doeth nather establische a constancie of Moderatours nor open a doore to it; for though our Judgments doe now find yow to be the man whom we inclyne to, yet since it is not the freedome of voiceing, I thinke yow have no more interest in it then any upon tlie list ; and if I now urging this as a priviledge due to my Master, or if I were urging that my nominating of ane should make the Moderatour, it were much ; but let everie Member of the Assemblie consider of it, and of everie readie way to facilitat this matter in hand ; for if I knew any man so able to supplie that roume as the Moderatour, certainlie I should name him. The Moderatour answered — By your Graces Speache, some may take great advantage to thinke that your Grace doeth contradict his Majesties late Declaration ;* becaus its said there, yow may verie well judge what could be wiselie done in that Assem- bly when they had such an ignorant Moderatour : and now your Grace giving me such a large testi- monie, doeth directlie contradict his Majesties printed Declaration. But I correct myselfe. I trust it shall be found not to be his Majesties Decla- ration. The Commissioner answered this with silence. The Moderatour after added — We have great reason to blesse our God and to give humble and heartie thankes to the Kings Majestie for this peaceable and free Assemblie ; but we have so many jealousies upon the Usurpation of the Prelats in tyme past, that in trueth at the very first we scarre and are so affrayed, that we darre not meddle with any thing of that kynd. It savours of a constant Moderatour — the first step of Episcopacie ; and, in trueth, I have not a mynd to be a Bishop. Ye might have bein ane. It was questioned if the former Moderatour could be ane in the new list ? Mr John Row said he had scene Assemblies this 50 yeares, and, to his judgement, he never saw it that the Moderatour of the former Assemblie was put on the list with these that were to be Modera- tour the next Assemblie ; nevertheless, it was in- stanced out of the Assemblie Bookes, that the same Moderatour have been sometymes continued Mode- ratour of the next Assemblie. It was condescendit upon that Mr Alex' Hen- dersone should be added to the list. The list was read and the roUes called, and Mr David Dick was chosen Moderatour by the farr greatest part of the voices, who after the acknowledgement of his owne weaknes imbraced the office ; and having a calling from God and the honourable Assembly. Mr Alex' Henrysone, randering most heartie thankes to the Assemblie for their charitable construction of his weaknes, ahd wishing that no man should faygne any abilitie unto himselfe, dimitted his place. Mr DaM Dick, Moderatour, his Speach. The Moderatour, at his first entrie to theplace.had * The " Large Declaration," In which Henderson was vilified and depreciated. 1639.] KIRK OP SCOTLAND. 243 this preface. This is more than we durst have craved of God, if we had looked to our oune deserving ; but since it hath beene His Majesties pleasure who rules heaven and earth, to looke upon our Gracious King, and move his heart to grant this freedome, we have reasone all of us to acknowledge Gods mercie to his Majestie and to us, and to acknow- ledge his Majesties goodnes, and to make verie welcome your Grace who is to represent his Majes- tie ; and I trust this Assembly will allow me verie Weill to give thankes to the Moderatour who served in this roume last, who, whatsoever you thought or said, God magnified himselfe in yow, and made your honestie and the caus in your hand cleare to many ; and to those to whom ye were most calumiiiat, so that both the Kings Commissioner and Councell have scene that yow have beene seeking God onlie, and no other thing — and the Lord bless yow ! Now, asthe Commissioner spacke verie fitlie that jealousies and suspitions would be farr away, becaus they are contrare to the designes professed by His Majestie, and whereof we have this evidence ; and contrare to the designes of ws ministers, who onght to be ministers of peace, ayming at nothing but Gods glo- rie and the weill of his Church : Therefore let ns la- bour by all meanes to get owr hearts single ; becaus in so doing owr God will helpe us. And first, to thinke of overtures, how we may extirpat all grounds of suspition and jealousie which might be in bretli- rens hearts, becaus of the differences of judgments about the discipline of the Church, and that cere- monies that she has beene troubled with, may be turned in perpetnall oblivion. And seeing there 13 in us ane mynd and heart toward God and peace, let us think upon some overtures, how we may open the bosome of this Kirk to all these who are penitent, or in any measure sensible of their misde- servings, (no these who deserves most expected, if the Lord gives them repentance), seeing we are these who professed ourselves fo be men seeking God, trueth, and peace. Yea thirdlie, let us give evidence that we are singla hearted toward these that are of a contrare religion, and that we have no mynd to insnare them, or handle them so as their owne consciences, upon their owne grounds could say, considering our rules, but rather how we shall get them informed of their scruples, heard, atten- dit, and waited upon, and by all meanes their mynds brought to this poynt of conviction that they know nothing but God and their owne salvation, and all in a verie moderat maner. Tlie Tryell of the Commissions. After this the Assembly proceidit to the tryell and examination of the Commissions ; and the Mo- deratour desyred that if the Commissioner his Grace, or any Member of the Assembly had any- thing to object against the validitie or formalitie of the Commissions, that they would make declaration of the same. [Commissioner] answered — I believe I shall be glad that there shall be few contrare opinions— yea, few contests anent the election of Commissioners at this tyme, and such is my gracious Masters desyre to have everie thing caried in a fair, calm, and peaceable way at this Assembly ; for all his commands runnes -thus, that in anything that should concerne him, I should give good example and begin, so that though I might object scverall informalities, yet so desyrous is our Master of peace, that I only remonstrat it to yow to take it to your consideration. And for me, surely it shall be a very great informalitie which shall make me interrupt so good a worke. The Moderatour said — We are glad to hears from your Grace expressions of peaceable inten- tions; yet becaus something of that kinde may reflex upon our proceeding, therefore we should be glad to heare your Grace name these exceptions j for we desyre not to be pardoned in a thing where- in we may be mended ; if there be reason to ap- prove them, let them be approven ; and if there be reason to cast them, let them be casten. The Commissioner said — I conceave there are grounds to cast elections — as, for example, I con- ceave that, in the choosing of Commissioners from Presbitries or Presbitrie, if it appeare that there have been moe Lay Elders then Ministers, I should not think it formall. Secondlie, if there be a Com- missioner chosen where he never had his residence, and, consequentlie, where he is not ane Elder, I thinke it not formall. Thirdly, if any man be chosen Lay Elder, and yet not chosen Commis- sioner from that place where ho is Elder, I think it not formall. Fourthlie, if a man be chosen laick Elder in ane place, and after reside in another place and be chosen there, I thinke that not for- mall. Fiftlilie, if a man be a rebel! and at the Kings home, I cannot thinke his electione formall. These and many other of this kynde doe I repre- sent unto your consideratione. The Moderatour answered — Please your Grace : It wer a spending of lang tyme to dispute the ques- tion in generall. But if it please your Grace, either by yourselfe or by any other, to nominat these Commissioners against whom the exception is, and in their persone to dispute the question, and so either admit them upon reason or reject them upon reason ; ffor we professe we will toUerat no man against whom there is a just exception wherefore he should not heai'e be a Commissioner : therefore, when it comes to the particular, let the exception be nominat, and it shall be purged some way or els the man removed : therefore, if there be any within this house who hes any thing to object against the formalitie of the election of Commis- sioners, let them declair the same ; utherwayes we will hold our silence for ane approbation of all. After the Commissioners wer approven by the whole Assembly, The Moderatour said — The Assemblie is now constitut and the Members found perfyte : The Lord give a blessing unto it ! Therefore, if your Grace have any thing to say, it is now a fuUie con- stitut Assembly, and the Judicatorie sett. The Commissioner answered — I did not expect so great expedition ; but I am glad that yow take to your wise consideration all meanes that may facilitat so good a worke ; and since, as I was say- ing, in generall I am to communicat his Majesties mynd to this Assembly, which I hope shall give satisfactione to all, I must first communicat to some in privat, that so it may be the better digested for publict audience ; therefore I desire that any thing materiall may be forborne this day, and that if there be any matter of lesse importance, they may now be dispatched. To the which the Assembly acquiesced. The Moderatour craved, that, in respect he was put upon the toppe of the bussinesse, and made the mouthe of the Assembly, that whatsoever might contribute to the good of the worke, they would not only all be willing in generall but in speciall, to communicat to his assistance as a servant of the house, and, for that end, that libertie might be granted to him to joyne some assessours to him- selfe, as, namely, the Earles Argyle, Bothes, Eglin- touD, Montrois, my Lord Lowdoun : Ministers — 244 RECORDS OF THE [1639. Mr Alex' Henrysone, Andrew Ramsay, Harry RoUoek, John Ker, David Lindsay, Eobert Doug- las, William Livingstone : Commissioners or laiek Elders — the Lairds of Haughtone, Moncreiff, Auld- barre, Wedderburne. This was refeused to be past in Act ; but the Assembly granted to the Moderatour to crave their assistance in privat, with the Commissioner his Graces consent. The Assembly, for the greater facilitating of bussines, did appojnt a Commission for receaving of Billes that were to be given in to the Assembly, namely : Ministers — Masters David Lindsay, Ro- bert Douglas, Andro Fleclc, William Jamesone, Frederick Carmichell, David Monro, George Les- lie : Elders — the Earle of Cassilles, my Lord Bur- lie, my Lord Johnstoun, Lairds of Fentrie, Keir, Dundas, Provest of Dumbartoun. Item, another Commission for reportes of refer- ences from the last Assembly : Ministers — Mr John Robertsone, Robert Murrey, James Edmes- toune, Alex' Petrie, Thomas Mitchell, &c. The Assembly, with consent of the Commis- sioners Grace, did condescend, becaus of the short- nes of tyme betwixt and the ensuing Parliament, that there should be two Sessions a day — the first at 9 a clock — the second at 3 a clock in the after- nooue, and the sermon to goe in at 7 a clock in the morning. Sessjo 3 August 14, 1639. After in calling upon the name of God, the Mode- ratour asked the Commissioner if his Grace had any thing to say to this Assembly ? The Commissioner answered — I am sory to say any thing that may breed jealousie — farre lesse mis- content in any mans mynd : yet I must say that agane which I said yesterday in generall ; and I desire that everie bodie that heares me, and in par- ticular the honourable and reverend Members of this Assembly, may believe that what I doe in this kinde, is not out of a intention to delay or protract , tyme ; but surelie the great and weightie charge I am entrusted with, — secondlie, the short tyme I have had to consider of the instructiones given to me of my Master, — thirdly, the sense of my oune weaknes ; and I may adde a fourth — some distem- per of my bodie— that I must begg the allowance of this day — not for any delay or protracting of tyme, but that, after mature consideration on all hands, we may all sing ane sang before this Assemblie end ; and, having obtained this short tyme for considera- tion of my instructions, I must then begg a second favour, that the Moderatour, and some other with him, may spend some tyme with me this after- noone, that so thinges may be the better digested, and I more able to give satisfaction in everie thmg that can be expected. The Moderatour said — My Lord Commissioners Grace gives us to understand that the Kings mynd is peace toward this Church, and least we should speake and not understand one another, and stumble in the eutrie of this bussines, his Grace requyres that this day may be given for consideration of the instructions receaved from His Majestie, and that some of this number that ye thinke good, with me may attend his Grace, that one of us mistake not anothers language; and it shall be our pairt to deall with God to show ws a right way, that fra there is ane ayme at peace we may follow the best wa.y for attaining of it, and for preservation of it heirafter : for if our way be good as weell as our matter, it can bring no miscontent : but if we marr in either, we may breid much. Therefore, let us suspend our judgments in every thing our mynd might have thoughts about ; for this is a tender bus- sinesse ; and it shall be our wisdome to suspend our judgments till every particular speake for itselfe ; and since on all hands we professe peace, so let every mans particular cariage declair the same : so shall trueth and peace and every mans particular cariage get the oune true approbation. The Commissioner said — I believe it is scairse expected from me that I should adde to or confirme that which ye have said, seeing its propper for yow to speake. Your place carries yow to it, and your gifts gives yow abilitie for it. The place I am in is to heare and doe that duetie which is to be expected from a gracious Prince. Yet I may say thus much without wronging any trust my Master hath put upon me, to second that yow have said — to witt — if men come without prejudicat mynds — if men come impartiall, with a mynd to acquiesce to reason when reason shall be offered, and to imbrace trueth when the way of trueth is layd open with the sound- nes of mynd, and with that reverence and respect which may be expected from good Christians and good subjects, and which their oune place will beaie to soveraignitie and lesse then which can never be expected from good subjects : I say if men come so, I hope the conclusion may be beyond the ex- pectation of us all, and beyond the desyre of some that all shall tend to peace, and such a peace as hes trueth for the companion of it, against to-morrow. The Moderatour asked the opinion of some of the Members of the Assemblie, whether the Com- missioner his Grace his desire was most reasonable ? My Lord Argyle said — I know that it is the pro- fession and desire of us all to have all this bussines settled in a fair way ; and since the Commissioner his Grace hath given ws good hopes of it, I thinke it were ane ill interruption of it to refeuse to his Grace any thing of this kynd. The Moderatour desired that, if any of the Assem- bly thought otherwayes, they would tell their mynd — for we think verilie (said he) that one dayes good advysement may save us many dayes paines, and the spending of this day in thinking upon the best meanes how we may wind to our good ends, may be like money lent out for double annueU. To the which the Assembly willinglie assented. Added to the Commission for the Billes — Mr W" Douglas, Mathow Brisbane, &&, to meet at the Parliament House at 6 in the morning and 6 at night : and so the Assemblie dismissed for this dyet. Sess. 4. After prayer, the Moderatour asked if the Com- missioner, his Grace, had anythmg to say to the Assembly. The Commissioner answered — I was desirous yesterday of a short delay, that I might the better consider of my Masters instructions ; and, withall, I was desirous that the Moderatour, and some of this reverent company, might come doune to me, that to yowl might communicat someof my thoughts, that they may the more plausiblie be convayed to the rest of this number. This ye were pleased to doe. Some short tyme we spent together yester- day, and this morning too ; and I doubt not, Mod- eratour, but since your comming up yow have com- municat to some of the rest, and so I hope this shall facilitat the matter greatlie ; and I shall begg libertie to repeat somewhat in generall of what hes past in privat. The deploire to the divisions and differences that hath beene in this Church and Com- 1639.] KIRK OF SCOTLAND. 245 monwealth are both so weill Imowen to ws all that I need spend no tyme in it. The bad and danger- ous consequents that hes beene likelie to insue yea I may say, the ruine that hes bein so immin- ent, is yet so fi-esche in your memories that I spair it. It hath pleased God so to dispose our effaires, and so to prepaire our Masters heart to hearken to our just desyres, that he hes bein pleased to grant and to indiet this free Assemblie, as the readie nieanes to obviat all such evills in tyme comeing, and to prepaire thinges that there may not be the like mistake among us heirafter. If I be not mis- taken, this was the occasion of our petitions : the sense we had of bygone illes, and the fear we had of the consequentes of these illes, and the desire we had that these feares should be removed, and that, by removing of the evills and causes thereof. In privat, to these few of this number that came to me, I was desirous that they would condescend to me what they conceaved to be the causes of all the divisions of this Church, that accordingly we might take to our consideration the readiest wayes to expunge the same, if any such appeared, and to remove them by wholesome constitutions. Ye were pleased to condiseend upon some, and it may be others doe thinke upon some that ye have not thought upon. I doe not take upon me to deter- mine what are the causes 5 but as my memorie serves me, and so farr as I can gather out of the Petitions to the Counsell, the Commissioner, or to His Majestie himselfe, I shall collect my oune thoughts, and, if possible I passe by some circum- stances, if I touche what is most materiall, I desire yow to helpe it. The first occasion that made a sense of the sub- jects, at least a expression of the sense to appear to the King or Counsell, was a Service Booke, late- lie introduced and pressed, furst upon the Clergie, and, 1 thinke, by them to be prest upon the whole subjects. Upon this there comes petitions from diverse corners of the countrie, and the numbers of them grew daylie. This was so taken to heart by the Counsell, that they did acquant their Mas- ter with it ; but it may be not in that powerful! way as to make our Master conceave of the bussi- nesse as God hath given him grace to consider since, for which cause, the satisfactorie answer was not given at first which was expected ; and so your desires grew ; and, if I be not mistane, the Booke of Cannons was joyned with it. Yet it ceased not here. We went a litle further, and, I believe, in generall, there was innovations complained upon — innovations alledged to be introduced contraire to the constitutions of this Kirk. The Five Articles and High Commission were complained upon ; and, I believe that it was complained that, even in the governeraent of the Kirk, something was introduced that was not according to the laudable constitution of this Kirk ; yea, I believe, first we came to com- plaine personallie of the faults of Bishops — as of the hard usage of Ministers — the unlawful! oathes exacted of intrants, and, I believe, in end it came to that, that it was presented as a grievance to the King, and as an occasion of the destraction of the Kirk, that Episcopacie itselfe was so farre contrare to the constitutions of this Kirk and Eeformation thereof, and, therefore, that not only their ofiice behooved to be reformed and rectified, but totallie abolished, and the Kirk restoired to that governe- ment she had at the Eeformation, by free and law- full Generall Assemblies, or the subjects could not be satisfied. It may be my expression hes not bein methodi- cal! and cleare ; yet, bluntlie and orderlie, I think • I expresse the most materiall thinges that the Kings Majestie hath conceaved to be the grievances and desires of his subjects, by their petitions, papers, and by the Commissioners Grace ; or, utherwayes, I cannot, nor darr not say, if I answer that trust that my Master hath put upon me, or, if I discharge that duetie, that iu reason he shall expect from me. But his goodnes is such, and so farr he hath conde- scendit to satisfie the desires of his good subjects, as he hath indicted this Generall Assembly, to take to their consideration the true cause of these illis which he expects they will doe, and doe it without partial! respects or by ends ; so, on the other pairt, not only to heare of it be evident trueth, and grounded upon good reason, as the petitions of the subjects seemes to say, he hath commanded me, not only to heare, liut to consent and to concurre with yow, in everie thing ye shall agrie upon ; yea I may say more ; for the more I look upon my in- structions they give me warrant to say the more. That my Master doeth expect, although I came not here to say that there is another way in ecclesiastic bussinesse then that way which ye have propounded to him, and of which he hath given satisfaction to others by mouthe, that he conceives no other way — that we of this Assembly will, notwithstanding, consider of the distractions of the K irk, so far as our auctoritie can doe. For the Service Booke and Cannons, they are discharged. For the Five Arti- cles and High Commission, in this his grace and goodness appears very great — for tliey were esta- blished in his fatliers tyme, and continued in his owne tyme— yet, without so much as disputing his owne riglit, he hes bein pleased to discharge all these ; i,nd, likewayes, for what seemed grievous to ministers at their entrie, and complained of, not only be ministers but by laicks, the Kings majestie hes beine pleased to declair, that no oaths shall be exacted of intrants ; not that I am commanded to say that ye should desist here, or take it for a com- mand not to meddlp with any more ; but to this end that ye may see his Majesties grace and good- nes, and how willing he is when reason ruleth, to doe all that can be expected from a graceous and good King, and requires that this Assembly shall take to their consideration what is further fitting for freeing us of our feares and preventing the lyke in tyme to come. And, farther, we have complained of the personall faults of men, and I am persuadit my Master will protect no man further nor the Word of God, and order of law doth allow. Yea, he hath ane eare open to all complaints, and hath commanded me to receive all billes, and heare them according to the order of justice, which I hope shall give satisfactione to all men, that is, for the persons of men. The very calling of itselfe Episcopacie hath beene represented to his Majestie as a grievance — as ane occasion of tliir evills — as a thing so farr contrare to the institutions of this Kirk, so many tymes abjured, as that the subjects would not find themselves quyet in conscience, except the King should be graceouslie pleased to see it utterlie abolished : and I am commanded to tell you so much, that his Majestie expects that ye vrill talte this as he meanes it, and as I now expresse it. It hath ever beine thought that no mans judge- ment can be satisfied without reason. . The Kings breeding hath been in a Church where, ye know, Episcopacie is allowed as a warrantable governe- ment ; but without more discourse, least possible I involve myselfe in greater difficulties than I can easilie be redd of, I am commanded to tell you that I have represented the grievances and occasions of those great evills. 246 RECORDS OF THE [1639. The Kings Majestie is graceoualie pleased to give directions, tliat this Generall Assemblie shall con- sider whether so be or not ; and what yee shall de- termine in it, I hope ye sail give me no cause but with that same heartinesse, to expresse my Masters will- ingness to joyne his assent and approbation thereto, I shall desire, and truelie I desire in a verie serious way, that no man carp at my words, (for God knowes I must come here without premeditation,) further than this, that if in my expressions of what I conceavo to be my Masters meaning, any man find not himselfe to be satisfied either in the generall way of it, or iu any particular, they would, in that modestie that becomes good subjects, testifying their tender respect to the honour of our graeeous Master, represent their doubts ; and I hope I shall be able to give them satisfaction. Next, becaus we are not all of one disposition nor temper of mynd, give me leave to represent unto yow, that if any of thir particulars, either last or first — I name none of them — if there be anything more to be expected or wished then I have said, I should humblie, I say,representtoyourconsideration, that before ye fall upon any poynt that should be unsavourie to so good a King, they may be first com- municat to some of yourselves, and well digested before they come to all our eares in publict, least ye force me to make answer in that way which will be unsavourie unto yow, and no less unto myselfe. But this course being keiped, though I have bluntlie and rudelie exprest my Masters meaning ; yet go- ing in this way, I may expect retribution of respect to auotoritie, which ye all professe to vindicat his honour before the eyes of all the worlde ; and to vindicat his owne thoughts and privat judgment, your owne goodnes and duetifulnes I am confident will give me satisfaction. I may say, whatever my Master hath done in this, it is done to a good and thankfuU people, in douig whereof he will establishe a place in Kirk and Commonwealth, the fruites thereof will redound to himselfe in receaving all duetifuU obedience; and seeing nothing amongst us but consent and harmony, and no contest at all, except it be who should be formest — first, in their duetie to God, and next to the King. A paHiaidar deduction of the Grievances of the Church. The Moderatour answered — We have very great reason to blesse our Lord, that hath brought foorth this fruite of his favour by such graeeous and ho- norable meanes to our comfort ; and we acknow- ledge heir, heartilie, that there is no small expres- sion of our Kings Majesties gentlenes and goodnes and love to his subjects, that he hath done of his owne accord so much, and is readie to doe yet fur- ther, and to cast into our hands what God, reason, and law doth allow of, which his Majestie cannot be particularlie informed of, except from us. We have to thanke God and his Majestie for that pointe. As for your Grace his Commissioner, yow have fol- lowed the order indeed that is very pertinent, and hath asked of us in privat, and hath place to ask us in publict, the causes of disturbance that hath beene amongst us ; and as we are bound to give ane ae- compt of our proceedings to all men, so especiallie to his Majestie, or any in his name, and to your Grace m particular. And as in privat we have di- lated some, not takeing upon us to comprize them all, so are we heir in publict, readie to give satis- faction to his Majestie, and that by satisfieing of your Grace in this place, concerning all these illes, takeing them in their owne order as they come in mynd, so farr as memorie can serve ; and for our pairt we have been about to remead them accord- ing to the order of the Kirk, so farr as we could, and vrfU doe what we can farther, as becomes the Assembly of the Kirk, to goe in that same course ; and we have to crave not only that his Majestie may be satisfied concerning our proceedings, but that he would confirme by the civile sanction, that His Majestie and your Grace shall find to be ac- cording to the rule of religion and the word of God, and nothing else purpose we to crave, nor have we intendit, but are perswaded in our consciences such, and for which we are readie to give reasons when we are requyred. In particular, the causes of the grievances that we have had, and which we have beene about to repair, according to the constitution and ordinances of the Kirk, are — First, the want of Generall Assemblies yearlie and oftener, pro re nata, as the necessitie of the Kirk did requyre, which, when we had, was a verie fair benefite both from God and from the State ; for therein all disorders were freilie spocken of, and when they were withholden, its knowne by whose procurement, even these that wrought ws much more griefe, that they might worke the rest con- trare to the constitutions of this Kirk and order of the Booke of Policie and Act of Parliament 1592. That is one of our grievances. Secondlie, Another is, that there has beene keiped and authorized some other Assemblies, that [were] both of wrong constitutions, and did bring innova- tions contrare to the order established in this Church and Kingdome — namelie. Assemblies at Linlithgow, Glasgow, Aberdeine, St Androwes, Perthe : and The third cause, as I remember, is, that the Kirk hes bein prest with the Five Articles of Perthe, and no small griefe brought these to the subjects which their consciences was thralled to doe. These thinges they knew, and we have found to be contrare to the Confession of our Faith: and The fourth is, that we have beine prest (which also your Grace will remember) with a. Service Booke, Booke of Cannons, and High Commission — the Service Booke, not only for the frame of it being Popishe, drawuig us away from the spiritual maner of serving our Lord, wherein everie man should speake to God according to his present neid and sense, and not to be tyed and speake he wotes not what, but, besides, the containing many seids of idolatrie and grosse superstition : the Booke of Cannons, appoynting offices that God never or- dained to be thrust into th^ house of God, contrare to this State, and raising up a tirranie in Pre- lats that is unsupportable either by reason or any other way : and the High Commission, confound- ing judicatories, and putting the keyes of the King- dome of Heaven in their hands, who had no power, nor any ecclesiastick office, and againe putting the civile sword in the hands of Ministers that had no interest thereunto; God having so distinguisht judicatories, giving everie man his oune imploy- ment and gifts for it, that his Kingdome should be no prejudice to the Commonwealth, and hes fur- nisht the Nobles, and everie member of the State, so Weill, as they need not begg a Kirkman from his booke to helpe them. Beside this ill, there is the breach of our Nationall Covenant with God, and not walking holilie and tenderlie aceording to the same, and did not see the consequence of what, for the present, seemed little : the not taking head unto it tymouslie hes put us in this bussinesse, which is now weill enough Imowne. Sixthlie, In particular, there is this Episcopall Governement crnpten in slilie, and erected without 1639.] KIRK OF SCOTLAND. 247 order of law, besides the Word of God, contrare the Confession of Faith and Constitutions of thii Kirk, from the beginning, and the intention and meaning of the Kirk from the Reformation, who went about alwayes stryving that Kirkmen should be keeped at their booke and their Masters service, and not stryving who should be first and highest up in Court, but who should be most godlie, most honest, and gains moniest soules unto God, and so keip their reward till they and their Master meit. A seventh is, The civile places of the Kirkmen —their usurpation in Assemblies as they were Lords, whereas all kynd of Lordshipps is cutt off from Ministers of his house ; for he hes appoynted in his house to be only a ministrie, for that is the difference betweene his Spirituall Kingdome in the subordination of the Temporall. In the ane, all the officers are Ministers ; in the other, the officers are ICings, Lords, &c. These are the Spirituall evills which, being con- trare to the Word of God, the Constitutions of this Kirkj and the Confession of Faith, what wonder they greive all honest men who hes no consolation in this world, but the hope of another ? And, there- fore, are they readie to exposse themselves to any trouble under heaven before they quyte a poynt of their Masters honour. These are the malne causes and reasons of our setting ourselves against them ; aud, for our proceeding against them, we are here readie to give satisfaction to your Grace, as it shall be your Graces pleasour to choppe at particulars. And, as concerning the last poynt, touching His Majesties honour, recommended to ws by your Grace, we may speake tenderlie of as becomes us. It is our duetie, and we professe it, and take God to witnesse, that we make conscience in our secrete thoughts, to honour His Majestie ; for we know our religion cannot endure civile Magistrats to get any wrong ; for in wronging of him we wrong Him that sent him, and cledd him with power, and sett him on his throne ; and so we are so farre from not following of that, that in privat and secrete we professe that we darre not but make conscience of it. No, no ; religion gives them their owne but ours, for Popperie toppes them over : but doe one thing to ws. Let us give Christ the highest roume, and nothing that may honour or pleasure Kings, but we shall altogither doune at their feete with it. The Commissioner answered — I told yow, Sir^ that I did so speake as that it might suffer correc- tions, and did remember very shortly the causes of our distractions, and I should wishe them never to be remembered without great thankfulnes to God and the King for freeing us of them ; yea, I wishe everie thing that hes brought thinges to that height of divisions amongst ourselves might be forgotten. Neither yet, in my last speach, did I give my opinion and advice, out of doubting of the performance of what I wished ; for I am confident, when we right- lie consider the cariage of this bussines, and his Majesties goodnes beyond our expectation, it shall be ane argument to move us to repay the same with thanksgiving. I told yow, as I remember, that the Kings Majestie, upon the frequent Petitions of his Subjects, conceaved such and such thinges to be the occasion of the illes, and of all that had followed on them ; and, therefore, upon our desures, concluded that this Assembly should be keept at this tyme, to the end it might be rightlie considered whether or not these illes were the occasions of these thuiges that have fallen furth, as was pretended by the Supplications of the Subjects. The Moderatonr answered— Please your Grace : We have considered, and matuielie considered, and done our younemostforclearing [that] thir our grieve- ances were justlie against all these, and nothing els ; and here we are readie to give satisfaction to all who doubts it. The Commissioner answered — Truelie, I should be desyrous to be satisfied in some particulars, if it might not possiblie breid ane opinion in some that I should false upon me to dispute or argue with such learned men as I know would appeare if I should take upon me so to doe, as if I desire Episcopacie, so oft alleadged to be against the constitutions of this Kirk, to be cleired to be so. I believe ye shall not thinke me so presumptuous as to take upon me to dispute the matter ; but to the end I may represent to my Master the reasons of it, and receave satis- faction my selfe. The Moderatonr answered — Your Graces abilitie to dispute in all such subjects is knowne sufficient- lie; but it shall be verie acceptable unto us, that your Grace, and especiallie as his Majesties Com- missioner, shall propone all your doubts to us, that we may solve them : for we have said or done no- thing but what may well byde the light, and we are able to convince, in reason, a reasonable man, such as your Grace is ; and here, in a manner, are verie confident that the more we be put to give our rea- sons, the clearer our cause shtdl be, and we shall be able to give the more satisfaction- The Commissioner answered — Yow have heard, and I beUeve your conceptions may be more parti- cular then myne ; but I believe myne differs not much from yours— first, in that it is supponed by the subjects to be the occasion of thir divisions and distractions ; secomUie, neither doe we differ much about the cause of indiction of this Assemblie, which is to remove these evilles ; and since yow and I agrie in thir two, I would represent to your consi- deration, in the third place, what shall be the readiest way to give my Master satisfaction, whose desire is that these thinges being represented unto him, ye shall either find that these are the true causes, and so ought to be removed, or uther wayes a mistake, and so ought to remaiue. If the true causes, and so ought to be removed, he expects a reason of all — as, for example, if ye find Episco- pacie to be a true greevance and cause of offence, and therefore to be removed — if ye conclude this, ye will give a reason of all, and make it appeare to my Master to be the constitutions of this Kirk. The Moderatour said — For removing of all thir evills, whereof ye have spocken, there is a neoessitie of the concurrence of our Lord Jesus Christ in the Kirk, and of his Vicegerent in the State ; and when thir two concurres, our evills shall be perfectlie cured ; and if not, there will remaine a jarre now — the ane pairt being done so farre as we weak church- men could do ministeriallie. That your Grace, as his Majesties Commissioner, may concurre with us, will be unto us verie comfortable ; and for that end we are willing to give satisfaction to your Grace, and to shew that, from the first constitution of this Church, her ayme hes alwayes bein to hold out that wicked weed of Episcopacie, knowing that it was the ground of all Popprie ; and in it did sitt, as in a nest, all the evils that hes overspread the face of this Kirk ; and as ill weeds waxes verie weel, so from this root hes growen up many poysonable branches that hes troubled the Church of God, be- caus, Christ Jesus, being King of this Kirke, and hav- ing the statelie appointment of the government thereof, if anything be out of frame in that, it troubles the whole estate. For this cause, the Church, from the beginning hes laboured still to cutt it downe ; and becaus I have rndelie exprest 248 RECORDS OF THE [1639. my rude conception, it will please some reverend brother to speake somewhat further. Mr Alex' Hendersone said — I conceave it not neidfuU to adde to your Grace's speaohe, which the Moderatour hes seconded verie pertinentlie ; for it seemes to be incumbent, that the supreme magis- trat, when, in the churches of his dominions, any questions shall arise in matters of religion, whither it hath bein determinat before, that those that hare power in Assemblies, are bound not onlie to take the same to their consideration, but also toreceave in reverence his Majesties doubts, and give him satisfaction, that they and auetoritie may joyne together, the one directing and the other confirming. I thinke it out of question in the judgement of all that are acquainted with the governement of the Church, that there be two sortes of church governe- ment. One is Christian and Apostolic by the As- semblies of the Church; the other is Episcopal governement. And I verilie thmke so farre as ever I learned, that our Church, from the beginning, had a intention to establishe the governement by Assem- blies, and did prosecute it with great zeale ; yet it is also evident by the ecclesiasticall historie, that the Church hath been still vexed with Episcopacie ; for some Popish Bishops, renouncing Poperie, would have bein Bishops still ; and I think it was more out of a desire to brooke the livings than to advance that office. First, they wer Superintendents, who got commission for visitation ; and its knowne that Super- intendents were no Bishops, and what reall difference was betweene them. And it is also knowne that they did neglect their function, and not good with it. Another sort of Prelats that were, or rather supposed Bishops, who brooked the bene- fic, but not the office, and these were called Tul- chan Bishops. A third sort came in afterwards by being Commissioners to Parliament, and voters, and then ascended to that height that ye your- selves are witnesses unto. They entered as foxes, raigne as lions, and I wish they may die as Christ- ians. Now for the warrands of this Church against this Episcopall function. I hope these that are ac- quainted with the registers of the Church will find them cleare ; and if your Grace doubt of the aueto- ritie of them, we thanke God that we have this occasion to give your Grace satisfaction. The Moderatour craved libertie to expone what was meant by Tulchan Bishops. It was a Scotts word, used in their commoun language. When a kow will not let doune her milk, they stappe the calfes skin full of strae, and setts downe before the kow, and that was called a Tulchan. So these Bishops brookeing the title and the benefice with- out the office, they wist not what name to give them, and so they called them Tulchan Bishops — (at which the Assembly laughing heartilie) — The Moderatour said — Their follies were worthie to be laughen at in this Generall Assembly. Mr Andro Bamsay being desired to speake, said — ^That which hath the begining of it from man and is of humane institution — that which hath beene destructive of the discipline of the Kirk — ^that which hath beene introductorie of Poperie, superstition, and idolatrie, and antichristianisme, and the barr of all good reformation, — justlie for thir reasones ought to be cast out of this Church ; but I am able to qualifie that Episcopacie is such : therefore, for these reasons, it ought to be cast out of the Church, and can never come in againe. The Commissioner declaired that he was not desirous that they should fall upon any scholastic dispute. It was only to represent to their consi- deration how farre these that have gone before us in the reformation, hath found it contrare to the constitution of this Church, that hath ever beine the ground of all your Petitions. In reading of the Acts, it was questioned whither the Clerk should beg^ at the year 1560 or at the year 1580. The Commissioner said — It seemes that this worke have had its beginning from the 1560 year of God, and hath had a continuall progresse ane way or other ever since ; and I believe Mr Arch- bald [Johnston the Clerk] is not so ill versed, but without much looking on his booke he could deduce all the Acts either the one way or the other. The Earle of Argyle urged that, becaus the Con- fession of Faith was at first subscribed 1580, they would begin at that tyme. My Lord Lowdoun said — It is true that Act in 1580 is the maine Act against Episcopacie, yet becaus there is a word in it, "as it was then used," &c. : therefore the case of it as it was then used, would be made cleare in the preceiding years 1560, 1575, 1576, 1577, 1578, &c. ; for in aU these yeares, Episcopacie came still under consideration : first, before they came to the office itselfe, they came to the corruptions of it, ane whereof was — they assumed to themselves titles and dignities : secondlie, they meddled with civile places : thirdlie, they usurped power and prse-eminencie over their brethren : fourthlie, they confounded offices civiU and ecclesiasticall : fifthlie, that they had more rents then was competent to churchmen, and was only imployed for their owne pompe and grandonr. All thir at that tyme were corruptions ; whatever was above a pastor over a particular flock — so that being condemned in the 1580, the compadring of it with the anterior Acts makes it cleare, and so it is folhe for men to object that that Act against Epis- copacie was but only against that dependencie that it had from the Pope : for its cleare that they call ane Protestant Bishope above a pastor of a parti- cular fiocke was chapped at : and take this from them and let them sie what remaines of that office ? Then when it was condemned out of the Church of Scotland as having nothing adoe there — as wanting warrand from the Word of God, in place of it, mch consent of auetoritie, , Presbyteriall governement was sett downe ; and [in one] of the last Acts of ane and the same Assembly 1581 — " whither there was a totall aboUtion of Bishops in the Assembly at Dundee, 1580" — the Assembly answered, that both the name and office was totallie abolished, and then the Presbyteriall governement put in the place of it, and the discipline sworne unto, wherein is clearlie sett downe what offices was esteemed law- full ; whereof Episcopacie is none, but immediatelie before condemned : so that the connexion between 1574, 1581, is so cleare, when the ane is put out as wanting warrand from the Word, and the other put in as having warrand, and that discipline sworne unto — that I thinke there is many here would be glad of ane occasion to cleare the matter by dis- pute to your Graces satisfaction. And becaus his Majestic was not pleased, at our last happie meeting with him, to approve some of our proceed- ings, it is very good reason these grounds be cleared againe, that we may be that happie as to have the civile sanction added unto it ; and, on the other hand, that it be all our cares, with that loyaltie and duetie that becomes us, and all tender respect to our Kings Majesties honour, but to mantaine the same as farr as the cheefest of these parasites that speakes his Majestic so fair. Mr Alex' Henrysone read a testimony out of ane Epistle of Bezaes, written to Mr Lennox, dated 1639.] KIRK OF SCOTLAND. 249 July 12, 1572, testifying that not only was Epis- copacie put out of this Kirk, but knowene to all the world to be soe. The Commissioner said — I intend not to presse any thing but in that way that shall be satisfactorie to all ; yet there are some roekes and difficulties wherein possiblie our Masters name is ingaged, and I wishe we may take notice of these, and stryve to come by them. The Moderatour answered — Your Graces expres- sion is verie good ; but becaus they that know not these roekes well, cannot saill by them ; if your Grace should be pleased to specifie these roekes, we should endeavour to hold off them. The Commissioner answered — I desire so much charitie of them that heares me, as to believe that I may heare, and possibly have heard, some thinges of that consequence that they toutch my instructions verie farre — not for what may conceme the bussi- nes ; therefore, I should wishe we should rather seeme to misken some thinges, rather thentoutching them, to make unnecessary disputes. I conceave we desire nothing but peace and trueth : therefore let us take a course to establishe these two, and whatever may hinder these, I take to be the roekes. I have so good and charitable opinion of some men, that I would yet wishe thinges were prepaired by them inprivat, for [fear of] mistakes; forsome thingesmay very possiblie escape some men here that I cannot sit heir but make answer in a way that I have not as yet. I desired yesterday to speake with the Mo- deratour, and, I believe he understands me and I him better then we did; and, therefore, I say over againe, for feare of mistakes, I should wishe that everie thing [be] now prepaired and consulted betwixt me and the Moderatour, with some other wise and honourable Members of the Assembly, and not proponed in publict till it were thus pre- paired. The Moderatour answered — If it might please your Grace, so farr as I conceave, there needed no preparation, but only the expression of it hy a mouth that well can, such as your Grace is. The Commissioner answered — I shall but repre- sent to your consideration, if God may blesse this meeting with so happie a conclusion — and I thinke there is no Christian but they will think it happie to see King and People goe all one way — that the Kings Commissioner, by the warrand he hath from his Master, sitt here to the end of this meeting, and consent to everie thing shall be done in it ; and in the Parliament, to adde the civile sanction unto it. I take it to be granted as all our desires ; if, then, we can light upon thp way how to make it evident by reason, that these particulars which I have bluntlie and mdelie expressed, our Master hath conceaved, the Moderatour farre better ex- pressed to be the true causes of all our greevances ; if, I say, we can light upon such Acts and Consti- tutions as may serve us in this, I thinke there is no more to be done. I desire and hopes it shall offend none, that I conjure yow, everie one in your sta- tions. Nobles, Peires, and worthies of the land, and yow of the Ministrie— if it be lawful to conjure such a reverend company — to take to heart, that the King will doe all that may secure us of our feares. Only let us be tender of his Majesties honour, and not make unnecessarie breakes, nor marre that thankes that is due to him. Lett us not put him to it in shaddowes, for we shall have the substance. Argyle said— For the affection and desire of this honourable Assembly, to give his Majestie all satis- faction, your Grace needs not to call in question ; and for eschewing any rocke in clearing the Constitu- tions of the Kirk, lett the clerk be charged upon his fidelitie to his Master, that he read nothing but what is contained in the Acts, and in the Confession of Faith. The Commissioner urged that all further medling with it might onlie be delayed till 4 a clocke in the aftemoone. Lowdoun said — Delayes are verie unpleasant; and, in suspitious mynds, breeds many jealousies ; yet becaus it is ane cause of the meeting of this full and free Assemblie, to give full satisfaction to our Kings Majestie, it seems very reasonable that we take some tyme to agrie upon the best way it may be done, that both his Majestie may be best con- tented, and in such a way as it derogat nothing from the liberties of the Kirk. ' The Commissioner said — The gravitie of this bussines we are about, should not, I thinke, stand upon dayes, farre lesse houres. It was condescended by the members of the Assembly, that till 4 a clocke in the aftemoone should be spent in consultation in the great Kirk among the Commissioners, of the best meanes how the Kings Majestie should get best satisfaction of all their proceedings, and with all the liberties of the Kirk preserved. The Clerk produced ane of the bookes of the As- sembly, which he had gotten from Mr John Rigg, and desired that it might be cognosced upon, whether it wer authentick. The Kings Advooat de- claired that he had perused tlie booke, and knew it to be Grayes hand writt, becaus that same sub- scription is at divers of his extracts. To meet at 4 a clocke. Sess. 5. — At 4 a clocke in the aftemoone. Episcopaok proved mUawfaU, with tlie Service Sooke, Sooke of Cannons, ^c. After prayer the Moderatour said — Please your Grace, I was useing diligence in searching out wayes how to behave ourselves, and finds all peaceablie and modestlie disposed ; and when we had thought upon all mids, we could sie nane, but that way onlie of his Majesties justice and goodnes, which pleaseth his Majestie to walk in. It is knowne that his Majestie refused to authorize our contraverted Assembly at Glasgow, neither can we urge the same, seeing his Majestie hes not gotten cleernes, and is not here personallie present to receave satis- faction, we can urge no farther. Againe his Ma- jestie, out of that justice, did not urge his subjects to passe from that Assembly, becaus he knew they were tyed by so many bands ; and soe we resolve to walke through betweene thir two roekes as cir- cumspectlie as we can, and not toutching any of them, but keepe our distance betwixt both ; and, therefore, I expect that this whole Assembly to walke verie tenderlie in so great a bussines that conoernes the great honour of our great and gra- ceous King Jesus, and the tender honour of our good and graceous King Charles. The Commissioner said — These roekes that I have feared, yow have discovered, and yow are best able to go by them. The Moderatour answered — I hope we are neare by the straites of them. The Clerk proceeded to the reading of the Consti- tutions of the Kirk, beginning at the year 1575 and so furth; The Clerk said — Please your Grace, thir two goes on still togither ; some Acts against Episcopa- cie, and other Acts, establishing the Booke of PoU< 2C0 RECORDS OF THE [1639. cie, wherein not only Episcopacie is abjured, but the gOTernement of the Kirk by foui- office-bearers, Pastors, Doctors, Elders, and Deacons, sworne unto ; and so furth continouallie, from the 1575 to the 1579. And the Booke of Policie is established. There are about 9 or 10 Assemblies conveened, onlie for the treating of the policie of the Kirk ; and when they conveened they appoynted that the articles that were to be dispute at the next Assem- bly, should be dispute in every Presbyterie and Kirk-Session, that when they came to the next Assembly they might come with the better advyse- ment. And, as he was proceeding in reading, The Commissioners Grace said he was satisfied to the full, and, therefore, he needit not proceed any further. The Moderatour said — Your Grace sees how un- deservedlie we are calumniat, and what good grounds we had for all our proceedings at Glas- gow. The Commissioner said — I wishe wc may proceid Weill now, and that all our actions be such as may anwer for themselves. The Clerk proceided on in the reading. The Commissioner desired that all these evills that were the grievances might be voiced together, and included under one Act, which the Assembly acquiesced unto. The names of these that were to preach on the Sabbath, &c, Sess. 6.— August 16. Hm'a nana. After prayer, the Moderatour asked if the Com- missioners Grace had anything to say concern- ing these seven evilles, that hath so greatlie troubled this Kirk, which have bein represented unto your Grace. The Commissioner answered— I was desirous that yow, with some of your brethren, should take the paines to come to me yesternight, that so we might conceave a way how to order our carriage, that, both in voicing and conceaving of the Acts, it might be so done as I might be satisfied, and my Master also, wherein I fand a great deale of satis- factione. The first thing which yow offered to your consideration, to be the occasion of these illes, was Episcopacie. My Master was pleased at the Campe to say so far, that if it could be made ap- peaie to him, (notwithstanding of his owne inclina- tion and opinion, which his breeding and the Kirk of Scotland [England] doth possibliegivehim of Epis- copacie,) by the Assembly of the Kirk, that it was contrare to the Constitutions of this Church, he com- manded me, not only to concurre with yow, butto doe all that could be expected from so good and graceous a King, both by my consenting to it, and ratifieing it in Parliament. I was desirous that course might be taken, how all our proceedings might be grounded upon reason ; and upon this ye were pleased to cause read the Constitutions of the Kirk, and I, by the Clerks paines, and uther helpes that I have gotten, and by that that passed amongst ws yesterday in privat, am satisfied, and I believe ye know all, what conclusion I would make — that I de- sire to be taken pro confesso : onlie I did represent to their consideration, whether they should be con- ceaved all in one Act, or to voice them severallie. The Moderatour said — There can be no ques- tiones amongst us who would eschue the rockes we spock of yesterday ; but it will be aatisfactorie unto us if there be one Act past heir and ratified in Par- liament, and this, as we conceave, will be the best way to keepe us off rockes. The Moderatour desired the Clerk to proceed in reading the rest of the Acts and Constitutions of the Church. The Commissioner answered — It is not neces- sary for yow to proceed any further, except it be for the satisfactione of some of yourselves, for I tell yow I am satisfied ; and, in his Mojestjes name, will consent to the Act against these things. The Moderatour said — We acknowledge his Majesties bountie and goodnes in so doing. We desyre to give declaration of our reasonable desires and proceedings, that it may be scene all is granted to us for these reasons. Therefore it is expedient that all our reasons and grounds to proceed against these evills be read and make manifest. The Commissioner said — When we shall consi- der of thir thinges that were established by law — when we shall consider that some of them were practised in his Majesties fathers tyme, a wise and religious Prince, and never questioned till now — I hope it shall move us to thinke more of his Majes- ties goodnes, who hes a greater care of our con- tentment then we could have expected. The Clerk proceedit in reading the Beasons and Acts against the Fyve Articles. •» The Moderatour said — Your Grace hes heard the reasons ; and as we desire to randep to his Ma- jestic, humble and heartie thaukesfor dischargeing these illes, so we desire that these reasons and grounds of our lawfuU proceedings may be showen to his Majestic, that it may be made evident to his Majestic and to all the world, that we have beene very reasonable in all our proceedings, and espe- ciallic at Glasgow, which they have so much tra- duced to his Majestie. Sessio. 7. — [August 17.] After prayer, the Clerk proceidit in reading the reasons of the uuUities of the six late pretendit As- semblies, which was confirmed by the testimony of many old and reverend men in the ministerie, who had beene at these Assemblies, standing up and tes- tifieing the same ; likewise the reasons for condemn- ing the Service Booke, Booke of Cannons, Booke of Ordination, and High Commission, were puhlictlie red. The Commissioner still urged that it was not neidful to read more, except it were for the satisfac- tion of some of their owne number. It was an- swered, the Assemblie did esteeme themselves bound of dnetie to malce knowne the reasons of aU their proceedings for the satisfaction of his Majestie. After all were read, The Moderatour said — We have now cleared sufiicientlie the reasons of all our proceedings, trusting that your Grace will signifie the same to his Majestie, and desires likewise that the civile sanction may be added to it ; and, therefore, that we may conclude somewhat, it seemes necessar that so much as is bygone may be drawne up in ane Act. The Assembly, with consent of the Commissioners Grace, appoynted a Committie to gee about the frameing of the Act, that when it came before the Assembly it might be put to voiceing with all diU- gence ; namely. Ministers— 'M.asXeTs Andro Ramsay, Harry Pollock, J.imes Bonar, Andro Cant, Robert Blair, David Lindsay, Robert Douglas ; NMes— Cassiles, Lowthiane, Balmerino, Lowdoun; Bar- rom«— Cavers, Auldbar, Keir; Burgesses— 3 aha Smith in Edinburgh, Provost of Dundie— to meit at the Clerks Chamber, after the dissolving of the Assembly, about the frameing of the Act , The Commissioner desired their way of eonceav- 1639.] KIRK OF SCOTLAND. 251 ing it might be showen to him, that he might come the better prepaired against the morrow ; further, craved libertie of the Assemblie, to depairt for that night for some important affaires, in respect there was nothing materiall to be handlit that night, and the Assembly might spend an houre or two in hear- ing of some particular billes without him, and pro- mised to returne tomorrow at 9 a clocke. Imprimis, presented to the Assembly a Suplica- tion from the toune of Leith for the transportation of Mr James Scharpe, minister at Govan in the Presbitrie of Glasgow, to the Kirk of Leith, vacant through the deposition of Mr William Wischart. The Assemblie referred the bille to the Presbitrie of Glasgow, to consider till the morne. A Supplication from Air for transportation of Mr Jo" Fergushill to Air ; for the transportation of Mr Robert Blair to St Androwea. Becaus of Mr Johnes unwillingnes, be was ordained to prepair his reasons against another Session. A Supplication from the Universitie, Presbitrie, and Touue of Glasgow for the transportation of Mr David Dicksone, present Moderatour, from Irwing to Glasgow ; and because there was ane hote con- testation like to arise thereabout, between the Com- missioners of Irwing witli my Lord Eglintoune, and the Commissioners of Glasgow, the Assembly ap- poynteda committie for hearing ofboth parties, my Lord Argyle, Mr James Bonar, James Hamiltoun, Robert Blair, John Home, Samuell Rutherfuird. The Assemblie appoynted a committee for consi- dering of overtures to be given in to the Assembly ; viz., Ministers — Mr Robert Murrey, &c. ; Nobles — Yester ; Bcunones — Auldbar, &c. ; Bun-owes — Clerk of Dundie, &c., to meit at Kinghornes house, to morrow, at two afternoone, for the overtures : And so, after thanksgiving, the Assembly dissolved. Sessio 8. — Hora nana. August 17 — die Saturniw. After incalling upon the name of God, there was a letter presented to the Assembly from the some tyme pretendit Bishop of Orkney, testifieing his repentance and dimission of that pretendit office. The tenour foUowes, [vide Acts, p. 204] : — After the reading of the said recantation, the Moderatour thanked God who had extorted a tes- timony out of the mouth of a man who once was ane overseer, &c. I wishe all the rest might take the lylce course. The Moderatour said — Your Grace remembers that there were appoynted a number of Ministers, with some other worthie members of this Assem- blie, upon a Committie for frameing of ane Act upon these thinges that went before in this Assembly, wherein such paines have hein taken as we trust now all the scruples of all the members of the As- sembly shall be removed, that so they may behave themselves in every thing incumbent to them as good Christians and good subjects, and we hope to have the consent of the Commissioners Grace to what we doe heir ; becaus his Grace bath heard, being a man of understanding, the equitie of our cause, and hath warrand from His Majestie that what he shall find right and reasonable in this As- semblie to give his assent unto it here, and to ratiiie it in His Majesties name in the insuing Parlia- ment. Mr Andro Cant, having a strong voice, was de- sired to read the Act, the tenor whereof followes — [vide Act, p. 204] :— After the reading of the said Act, the Modera- tour desired Mr Alex' Hendersone to speake his judgment of it. Mr Alex' answered — I will not make any dis- course, but only tell my owne particular judgment, and I would wishe that anie here who hes any scruples concerning the Act, that they would pro- pone them ; for I love rather to satisfie any mans doubts of it, than to fall in any other discourse at this tyme. And for my selfe, it is alse joyful! a day as ever I was witnesse unto, and I hope we shall feede upon the sweit fruites heirafter. Mr Andro Ramsay being desired to speake, said — I am fuUie satisfied, and hes no doubts but ane, that we come short of thanksgiving to our God. Mr Alex' Somervell, des red to give his judgment, said — I cannot testifie the joy that the hearing of that Act breids in my soule. My heart so abounds with it when I consider the former griefes and troubles of this poore Kirk, and what a gracious change is now come in, and albeit some heir have some unnecessar scruples, I thinke they have rea- son to tredd upon them ; and in respect they heare the matter so well concluded, and siich a comfort- able successe likeUe to follow, it may make us all ashamed to entirtaine scruples, but rather studie to randar thankes to our gracious Lord, and wishe all happinesse to King Charles. Mr Hary RoUock, being next called upon, said — There is nothing left for me to say ; only I thinke surely we may reckon ourselves to be like these that dreame ; for who would have thought within these few yeares to have heard in any convention of the Kirk of Scotland, such ane Act as this so publict- lie read, and hopeful! to be made a law in the Church : and these that knowes the difficulties that this poore Church hes laboured under, may justlie in this respect, thinke this day a beginning of joyful! dayes, and I am confident that all that hes ane ten- der eye to the good of this Church, are wakened with a sweet sunschyne day, above the darke cludy dayes that past before : and I hope all of us shall studie to testifie our thankfulnes to God, and to ac- knowledge the goodnes of our gracious King, who is pleased to witnes himselfe so loving to his sub- jects. Old Mr John Row next called upon, with teares, said — I blesse, I glorifie, I magnifie the God of heaven and earth, that hes pittied this poore Church, and given us such matter of joy and consolation ; and the Lord make us thankful!, first to our graceous and loving God, and next obedient subjects to his Majestie, and to thank his Majesties Commissioner for his owne part. Old Mr John Ker said — I thanke the Lord who hes removed our evilles and feares, and with my heart acknowledges his Majesties goodnes, and gives thanljes to liis Majesties Commissioner. Mr .Tames Martine, called on, said — I doe acknow- ledge that wonderful! hes beine the love and care of God towards this poore kirk and land, and that all of us had enlarged hearts for praise, and open mouthea to expresse the joy of our heart. The Moderatour said — Our joy is not yet full ; but I hope, ere this Assembly close, our joy shall be more perfect. Mr John Weymes, called on, could scarce get a word spoclcen for teares triclding doune along his gray haires, hke droppes of rain or dew upon the toppe of the tender grasse, and yet withal! smyliing for joy, said — I doe remember when the Kirk of Scotland had a beautiful! face. I remember since there was a great power and life accompanying the ordinances of God, and a wonderful! worke of opera- tion upon the hearts of people. This my eyes did see— a fearful! defection after, procured by onr sinnes ; and no more did I wi^e, before my eyes 252 RECORDS OF THE [1639. were closed, but to have seene such a beautifull day, and that under the conduct and favour of our Kings Majestie. Blessed for ever more be our Lord and King Jesus ; and the blessing of God be upon his Majestie, and the Lord make us thankfuU ! The Moderatour said — I believe the Kings Ma- jestie made never the heart of any so blythe in giving them a bishopriok, as he hes made the heart of that reverend man joyfuU in putting them away ; and I am persuaded if his Majestie saw you shedding teares for blythnes, he should have more pleasure in yow, nor in some of these that he hes given great thinges unto. Old Mr John Bell in Glasgow said — My voice nor my tongue cannot expresse the joy of my heart to see this tome downe Kirk restoired to her beautie. The Lord make us thankful! ! Lord blesse his Ma- jestie and Commissioner ! Alace ! nothing is inlaik- ing but thankefuUnes. Old Mr W"" Livingston being called on said — I thinke of the many corrupt Assemblies that hath biene in this Church since the Reformation, I have [not] beeue absent for fear of them, except when I was confyned. I saw them and the corruptions of them ; and when I consider of them within this thrie year, I would have beene content to have crupten on my knies to Aberdene, to Irave seene such an Assembly as this. And now I have seene it, and blesses the Lord for it, and begges the bless- ings from heaven upon our graceous Soveraigne. The Moderatour said — Would God the Kings Ma- jestie had a pairt of our joy that we have this day ! The Moderatour desired if any of the Assembly had any sfcruple to propone, they would now doe it before the matter come to voiceing. Further, he asked the Commissioners Grace if he had anythmg to say, or any scruple to propone before voiceing. The Commissioner answered — I sail only, before I give my voice, desire this Assembly to remember the courses of all this bussinesse, as I have some- what confusedly exprest before ; and I believe my way of expression gives some ground of jealousies. I told you that notwithstanding my Masters oune inclination and breeding in a church where Episco- pal! government is allowed, yet such is his care to satisfie the desire of all his good subjects, that he hes indicted this free Assemblie where this is to he considered of; and if it be found by this Assemblie to be such as hath beene expressed in your petitions, papers, and ntherwayes, I am commanded to give my consent to the Act of this Assembly against it ; and, therefore, my voice must be speired last, though I may read in all your faces, and by the speaches of these reverend men, what shall be the voice of the Assemblie. Mr Alex' Henrysone said — Becaus Generall Assemblies are expresst in the Act, hut not Pro- vinciall or Presbyteriall, therefore the Commis- sioners Grace would dedair his consent unto these ; to which the Commissioner acquiesced. The roUes were called, and it was desyred that the word should be"agries,"or " disagries" to the Act. Mr Alex' Kerse, being first called on, said — How unreasonable this unluckie bird of Episeopacie is to be brought doune, and here to be slaughtered, is not necessar to give epithets unto, if we will but consider that the four Bishops (if we may call them lawfullie) established in this Mngdome, which are full of abilitie and power, and nothing can escape them ! We have our Church Sessions, Presbitries, Synodall Assemblies, and such a famous Generall Assembly as this, that may be sufficient to prove and show the experience of this Government that now happilie is to be fullie established in this king, dome ; for there [is] not so much as a little cockle or darnell of perverse or hereticall doctrine that shall spring up but presentlie it shall be cutt doune, and trodd at under, according to the saying, mtium c&n/eocatioms in tribus, digevtur in qua/rto, which is true heir ; and, if it escape two o* thrie, it shall not nlisse the fourth. If it shall happen to escape Sessions, Presbytries, and Synodall AssembUes, it will happilie be digested and concocted in such a famous Assemblie as this ; and now happilie these poisonable weeds that have oppressed the stomach of this Kirk are now to be spued out : and here, for this poynt, I give this Episeopacie an eternum ■cole! As for the Articles of Perth, and these pre- tended Assemblies, they are dead it is true, and appearandlie this is the day of their buriall. I am sorie they should have gotten such a fair day lent. For me, I mynd to give them no funerall sermon. But there is ane thmg Solomon tells us, " I have seene the wicked dead, and rise again." We have need, veriUe, to hold them doune, that they revive no againe. As for the Service Booke, it condemns itselfe. It carries the Anti-Christian markes, and a reall practising of that which the Jesuits doth preach; and, (being interrupted, he said,) there- fore I abjure it, and agries to the Act. All the rest of the Assembly, in ane voice, (not ane contrare,) did approve and agrie unto the Act. The Commissioner being desired to give his voice, said — I believe, for formes sake, I may give it, but materiallie I have given it alreadie. I have often told you that my Masters pleasure was, that Epis- eopacie should be found by this Assembly to be such as they had aUedged in their petitions and papers, (which is now unanimouslie found by this Assemblie to be such,) that I should both consent unto and ratifie the same. And I shall neid to say no more in this. But if there hes bein any jealou- sies or feares, I hope now they shall be removed ; and it becomes yow best, who are of the Ministerie, to remove them ; and not only to make your people sensible of his Majesties goodnes, to render to him his due thankes — I meane the humane part of it ; for the praise is due to Grod, who hes so disposed of his heart, and it is his oune act and goodnes : yet, when we consider our Masters inclination and breed- ing, I hope we shall thinke the lesse tho' we find greater difficulties then we could have wished againe these that have beene his Majesties good informers and instruments in working of this worke, we must not forget them, but think that we owe them a great deall of thanlies. If any thinke that I con- ceave any of this due to me, I protest nothing at all, for I act nothing but the part of an echo, and this imployment came upon me by my Lord Hamil- tons worke; and if ye knew what I know' him to have beene— a faithfull, careful!, and painful! agent in this busines. I speake it not to derogat from my Masters thankes, but that every instrument should have their aune acknowledgement : and for my voice, I approve the Act. The Moderatour said— We blesse the Lord, and thanke King Charles, and doe pray for the pro- speritie of his throne, and constancie of it, so long as the Sun and Moone indures ; and thankes he to all good instruments ! And since your Grace is pleased to name the Marquis of Hamilton as a spe- cial! instrument, we are glad— looking upon him as a man standing on a steeple head on his on foote betweene his mismformed Master and his native Countrie— to give him a favourable construction. I am confident that tliis dayes worke hath made the impression of his Majesties goodnes, v*ho hath come 1639.] KIRK OF SCOTLAND. 253 over his oune birth and breeding, to give his sub- jects contentment, eo deeplie to be rooted and stamped, that it shall not easillie be taken out of our hearts againe. And I expect yow all, accord- ing to the place ye have put upon me, espeeiallio yow of the Ministrie, to doe your best in giving evidence of your good service to God in furthering of the Kings subjects to thinke, speake, and cary furth affection towards him, and as he deserves at our hand. And let these that are (o preache the morne ex- presse themselves so duetifullie, that neither the Lord of Heaven want his glorie, nor King Charles his oune due praise, and instruments may have their place, and all may be partakers of our joy ; for albeit our joy be not yet full, yet we have conceaved good hopes that ere we sunder it shall be ; for the which cause, we will make requeast for your Grace that there be nothing inlaildng which may fulfill our joy. The names of the Ministers that were to preach [not mentioned.] To meet on Mononday, at 9 a elocke—hora nana. [Sess. 9.— August 19.] After in caUing upon the name of God, there was a Letter jiroducedfrom the sometyme pretendit Bi- shop of Dunkell, showing his unfained griefe and sorrow of heart for undertaking that unlawfuU office of Episcopacie ; and withall most humblie craving pardon of God and the Kirk of Scotland, togither with a formall dimission of that pretendit office; acknowledging the late Generall Assembly at Glas- gow, and all the constitutions thereof; swearing never to meddle directlie nor indirectlie with that pretendit office any more ; whereof the tenor fol- lowes :— Be it knowen to all men, I, Alex' Leslie, Minis- ter at S' Androwes : Forasmuch as I, by my mis- sive letteris sent by me to the General! Assembly of the Church of Scotland, holden at Glasgow, the 21 of Nov' 1638, last bypast, doe friehe submitt myselfe, dimitt, and lay doune at the feete of the said Assemblie, my pretendit office of Episcopacie as pretendit Bishop of Dunkell, and by my Letters promised to subscryve what ample forme of dimis- sion thereanent these Assemblies should prescryve : and now the said reverend Assembly hath found and deolaired the said office of Episcopacie, as it hath beene termed and used within the said Church of Scotland, to be abjured by the Confession of Faith of the said Kirk, subscrived in the yeares of God 1580, 1581, and 1590 ; and, therefore, decerne the said office to be removed out of the said Kirk of Scotland. As also, seeing the said reverend Assembly hath decerned me, according to my said Letter, to subscryve a more ample form of dimission of my said pretendit office, in the presence of Sir John Moncreiffe of that Ilk, Baronet— Mr Robert Murray, Minister of Meffen— Mr John Robert- sone, Minister at Perth— Mr Alex' Petrie, Minister at Rynd and Thomas Durhame, Burgess at Perth — Commissioners appoynted by them for that effect : therefore, for performance of my said Letter, and in obedience to the ordinance of the said reverend Assemblie, Witt ye me to have demitted, quyt- claimed, and simpliciter overgiven, lykeas I now, in the presence of the said Commissioners, frielie demitt, quytclaime, and simpliciter o vergive the fore- said pretendit office of Episcopacie as pretendit Bishop of Dunkell, with the whole title, style, name, and dignitie thereof, power of ordination and juris- diction, voiceing in Parliament, and all usurpation of the same in tyme coming, and faithfuUie promitts, and by these presents binds and oblisse me, never to exerce nor use the said pretendit office in the said Church of Scotland, nor no power ot ordina- tion, jurisdiction, voiceing in Parliament, neither any other power ecclesiasticall belonged, usurped, and acclaimed to belong to the said pretendit office ; lykeas, according to the Act of the said reverend Assemblie, I acknowledge the said office of Episco- pacie to be abjured in the Confession of Faith fore- said : And, therefore, most justlie ought to be re- moved out of the said Church of Scotland, and the whole premises I heartilie acknowledge, as I shall answer to God at the great day. In testimony whereof, I have subscribed these presents with my hand ; Ukeas, for further securitie, I am content that these presents be insert and registrat in the Generall Bookes of the Assemblie, therein to re- maine adfutwam rei'memoriam. And to that effect Constitnts my lawful! procurators, conjunctlie and seveTaWie, promitten de rata, &c. In witnesse whereof, (written be Robert Reidheugh, servant to Patrick Rosse, nottar in Pertlie,) I have subscrivit the same with my hand, as said is, at S' Androwes the 24 of Januar, 1639 yeares, before these witnesses Mr Jo" Patersone, and Mr Alex' Dundie, Student in Perthe, and George Boiswell, Servitour to the said Sir John Moncreiffe. A Supplication of the Toune of Edinburgh for transportation of Mr Samuel Rutherfurd, Minister at Anwith, and Mr Robert Douglas, Minister at Kirkcaldie, to Edinburgh, presented in face of the Assemblie ; and to eschue all contestations and alter- cations hkelie to arise, (by reason of the violent opposition of the forsaid Ministers, and no lesse violent persute of the foresaid supplicants,) if the same should presentlie have bein taken to the Assemblies consideration, therefore did appoynt a Committie for hearing of the reasons of them both, and prepairing the same for the Assembhe, viz.. Ministers : Mr James Bonar, &c. The Supplication of the Toune of Air for Mr John Fergushill being againe given in to the Assem- blie, the Committie was desired to reporte their diligence thereanent. Their answer was, they had heard the parochiners of Uchiltrie, and though they had a great love to their pastor, yet if the Assembly fand that it might conduce much to the good of the publict that he should be transported to Air, they would submitt. The Commissioner urged that their transporta- tion of Ministers that way might not be prejudiciall to the Patrons right. ' Mr James Bonar answered — The stipend of Air was not a benefice but a modified stipend. My Lord Argyle said — The Assembly may give way to his transportation, and decerne him to be capable thereof. The Commissioners Grace desired that if the voices of the Assembly were for him to goe to Air, it might be conceaved that they fand the said Mr Jolm capable of transportation, and gife the Patron give his consent, decerues him to be Minister of Air. Mr Robert Eliots supplication for libertie of transportation, referred back to his Fresbitrie. To meit to morrow at 9 a clocke. Sess. 10. — August 20. Twysday — Hora nana. After prayer, the Supplication of the Toune of Glasgow being againe presented to the Assemblie for the transportation of Mr David Dicksone, pre- sent Moderatour, from Irwing to Glasgow, he desired Mr Alex' Hendersono to moderat till that parte 254 RECORDS OF THE [1639. •was discussed, requeasting the Assembly hold their eyes single upon the glorie of God and good of the publict, in respect he had casten the conclusions of his mynd upon the determination of the Assem- bly. The Committie appoynted forbearing all reasons and prepairing of them for the Assenibly,_ being desired to reporte their diligence, gave in with the reasons of the Toune of Irwing why the said Mr David should not be transported, with the answers of the Towne of Glasgow to these reasons, together with the replyes of the Toune of Irwing to these answers, and the duplyes of the Toune of Glasgow to these replyes — ^all which, with many other power- full and persuasive reasons, delyvered by mouth of Mr Robert Barclay and my Lord Eglintoun on the one hand, and the Commissioners of Glasgow and Ministerie on the other hand, being all publictlie read and heard to the full, the matter was putt to voieeing. Mr Alex' Carse, bemg first in the roll, said — Ye have to consider — erit judicium, res erit in effeclum. Yet when the affection hath any reasonable centure of judgement, it is dispensible with. What heartie affection we affect that noble Earle who hes interest in our Moderatour — not for any personall or par- tiall respect, yet in such sort that next unto God who upon the Mount was scene — next unto the Kings Majestic, who made us heare the voice of joy, we owe ourselves to these worthie Nobles ; and such by mediation have beene instruments to pro- cure our happinesse. Therefore, for my oune judgement, it were a hard case to remove a tree thus well grounded and faithfuU, but keeping it still that it may bring foorth more fruite. Therefore I voice for Irwing. The roll being called, the voices for Irwing ex- ceeded the voices for Glasgow about the number of 24. The Committie for Keportes were desired to giye in their diligence to the Clerk, that particular notice might be taken of their proceedings. The Commissioner said — You remember at our first entrie to this Assemblie, we layd all doune a conclusion for eschueing of rockes — to witt — aither the mentioning or prejudging the Assemblie of Glasgow ; and I conceave some processes that have been deduced against some Ministers for whom numbers of Supplications are presented to me, that their case may be represented to this Assemblie ; for as I desire that these whose cases are so consi- derable may be taken to heart, so, on the other pairt, whosoever shall be found by this Assembly to deserve such sentences as have beene past against them, I shall consent unto it willinglie : for as I desire to esohue the one rocke, so would I have yow holden off the other. Therefore, I shall represent to your consideration if it shall not be fitt that there be some of this number from all corners of this Kingdome, where thir men live, who hath beene processed, and doth now supplicat, that may meit in privat with me ; and it may be, when particulars are considered by us, we fall upon^ome mids which both may satisfie this Assemblie as eschue such rockes as hitherto we have shuned. The Assemblie said, this desire of the Commis- sioners Grace is most reasonable ; and therefore did app.oynt that the Moderatour or Clerk of everie Commission, or, in their absence some other worthie minister, with a ruleing elder from everie ane of the several Commissions, should meit with the Com- mittie for Reportes, and my Lord Commissioners Grace at Kinghornes lodging. A committie appoynted for taking up of the names of expectants, vacant churches, and deposed mmis- ters for non conformitie, or holden out for that cause. (Hicdeest.) To meit in the Assembly house at 3 a clocke in the afternoone. To meit tomorrow at 9 a clocke. Sess. IL— Hb)-a nana, Wedinsday [Aug. 21.] The question about the alleged adulterie of William Guarsone pursued by a minister in the Presbiterie of Penpont, remitted to the Committie for the Billes. The Supplication of Mr George Hannay, sometyme minister at Torphiohen, but suspended for the pre- sent by a Commission, for restauration of his place ; remitted to the consideration of M' Alex'' Hender- sone, Andro Ramsay, David Lindsey, John Adara- sone, Andro Abercrombie, Andro Mill, Andro Wood, Laird of Dundas. The Toune of Edinburgh, and the Toune and CoUedge of S' Andrewes having presented supplica- tions for the transportation of Mr Samuel Ruther- ford from Anwith to each of them, after many con- testations and altercations, and the reading of the reasons of Aberdeene and Edinburgh, and answers to each of them from other, and the reading of Mr Samuells owne reasons for not transportation at all from Anwith, the said Mr Samuell, by the farr greatest of the voices of the Assembly was ordained to goe to S' Androwes to serve in the ministerie, and make such helpes in the Colledge as God shall affoord hum abilitie for. Sessio 12 To meit at 9 a clock [Aug. 22. ] After prayer, the Moderatour said — We trust that the Assemblie hath a right construction of the lazarlie proceedings of the Assemblie. The Lord was graeeous unto ws this last weeke in bringing our privat businesses unto a publict and unanimous conclusion. This weeke, also, hath been spent in prepairing matters for your greater satisfaction. That our proceedings may offend none, but give contentment to all in reasone, we have to doe now with the Reportes ; and, beeaus the particular cases of them who were processed before the severall Com- missions are many, we must put difference betweene the faults and repentance of men, that none may in justice complaine, but that he is dealt justlie and moderatlie withall. The Commissioner said — I desire that everie thmg be rightlie understood, that there be no mistake betwixt his Majestic, or me his servant, and this Assemblie concerning these deposed ministers. I have alreadie spocken my mynd in it, and in no other termes but that the state of your processes be so taken to this Assemblies consideration, that if they be found worthie of deposition, let them be deposed. But for such of them that are only guiltie of the errour of the tyme, whereof our Master hes beene guiltie (this is an ill wealed word, but I know it is so taken) as their refusing to subscryve to the constitutions of that controverted Assembly at Glas- gow, which they have done by his Majesties speciall commandment, and according to the light of their consciences, which they thought right then, I shall only represent to the Assemblie whither or not they thinke our Master may expect from us that such ministers who for life and doctrine shall be found fitt to exercise the calling of the ministrie upon their submitting of themselves to this Assembly, to the determinations of this Kirk, should not be restored to their places ? I speake it to this end ; and I beseeehe yow take it right, that since our Master 1639.] KIRK OF SCOTLAND. goes so farr on our way with us in removing all the occasions of our feares, and hath appoynted to this Assembly to try whither these ministers deserves such a sentence now if they shall submitt themselves to this Assembly ? I only represent to your con- sideration, whither in some things we ought to doe that that may satisfie our Master ? The Moderatour answered — We intend equitie and moderation, that none shall have just cause to complaine. In the meantyrae, becaus it is ineumlient to this Assembly to cleare their mynds towards his Majestie, I will speak a little. I will not admitt to say so much as your Grace hath said. We will not let that much imputation to goe from us so high as to speake of guiltinesse in his Majestie, who lies not bein brought up heir. We will lay the guiltinesse upon the ministers, who should have knowne the constitutions of the Kirk of Scotland ; and, there- fore we heare plead that his Majesties honour may be cleared, and they scene to be in the calk. This I speake not, but this Assembly may shew all mo- deration and favour to those whom his Majestie requires, in also farr as we wrong not trueth, and the libeitie and constitutions of the Kirk. The Commissioner answered — I believe the most of these men that declyned the last Assembly, they did so upon ane of two grounds — either becaus they could not thinke lay Elders to be lawfull members of the Assembly, or becaus their judgment went not along with us anent Episcopacie, in both which our Masters judgment was ane and the same with them. Yet now, upon their acknowledgment of their errours in these, and submitting themselves to this Assem- bly, I only remitt it to your consideration if yow can thinke yow should deale so strictlie with our Mas- ter, who hes condiscended so farr to our desires, that he may not expect something may be done in this, since it may be done without prejudice to the Constitutions of the Kirk whereof yow pretend yow are so tender. Therefore I desire this Assemblie to consider wiselie of it, and not to be led away with vour aune particulars — their spleene at these men or their affection to others whom they would have in their roume. The Moderatour said — It is our purpose to put a difference betwixt those who have only done ac- cording to their light in these two things your Grace mentions, and betwixt those whose life and doctrine have beine scandalous, and to shew all the moderation to that sort that your Grace desires. The Commissioner said — I believe some of the members of this Assembly, who were appoynted yesternight to speake with me, dealt so ingenuous- lie with me as to say, that although there were many things alleadged against these ministers, yet could they not be legallie tryed, except with these things that I have alleadged ; for though they were scandalous in some thinges, yet could there be no formall proces led against them. Now it is a dan- gerous position, that a man shall be condemned for suspicions, becaus his air and the way of his carri- age agries not with others. Let us looke to it ; for though in their judgement they would notsubscryve the Covenant nor allow lay elders, yet to sentence them for that, I thinke it a dangerous rule. The Moderatour answered— Grants to your Grace ; but so purpose we to proceed that our mo- deration shall so appeare as your Grace shall con- sent als willinglie as we. The Moderatour desired Mr Andro Eamsay, Mr Alex' Henrysone, and Lord Lowdoun to declair their judgipents. Mr Andro Ramsay said — I thinke there is no man but he will applause to your Grace In gene- ral ; but as for the particulars, they who are judges can cognosce better, and upon their relation the judgment of the Assembly may rest ; for, as I said yesterday, there are four causes of their removing or deprivation from their Kirks ; either becaus they have not consented to the Acts of the Assembly, or becaus they have descried their flockes, or for cor- ruption of doctrine, or for vitiousnes of life. The two last his Grace pleads not, but only for the first two, which I remitt to the judgment of the Assem- bly and thinkes it should be handlit with modera- tion to his Graces satisfaction. Mr Alex' Hendersone said — Truelie for my selfe I have no spleen against any of these Ministers, and I believe they have none at me. I have beine more blamed this t>me bygone, for that that is called moderation, than for any great vehemencie against any persone ; but for that the Commission- ers Grace hus beine saying, I thinke verilie there will be many that will be willing to submitt them- selves to the judgment and determination of the As- sembly. But I should wishe that they would con- fesse some errours in their judgment before they submitt themselves. Alwayes I thinke it is but a dabling with untempered mortar. These that are not of the judgement of our Kirk, they will be pleased to professe themselves to be such, and then let them be conferred with and convinced. As for others againe whose judgment has gone after their affection and their affection after the world, these hes need of repentance ; but I thinke they should first acknowledge that there is something done amisse, and that they have beine guiltie of some er- rours ; and I thinke by your confession they doe great honour to God, and estabUshe a more perfect peace betwixt them and their brethren. Lord Lowdoun said — So many of them as have not beine present where they were processed upon, and representation of their case to this Assembly by supplication, deserves to have their proces con- sidered of here, or some appoynted by the whole As- sembly to heare them. Mr Alex' said — I thinke, verilie, there should be a difference put betweene those who have not fol- lowed their practise according to the tymes then, but also hes troubled others beside them, yea, and hes run into England to doe all the ill they could there, and betwixt these who in modestie and sim- plicitie, so to speake, hes followed their oune judg- ment, thinking it to be right. The Commissioner said— I shall only differ from Mr Alexander Hendersones opinion in this — that I believe that none of the ministers that went to Eng- land, went neither out of wantonnes, nor of a pur- pose of oary misinformation, but meirlie out of necessitie, for not having stockes of money. I thinke were [it] not the Kings bountie they should have starved, and with what peace and securitie could they live here during the troubles of this countrie ? so it was not only but fitting, but ne- cessar that they should goe. Mr Alex' Hendersone said — Divers of them went to England with full purses, and others of them stayed at home in securitie ; so that it is evident neither povertie nor fear made them goe out of the Kingdome. Earle of Rothes said — I thinke, according to the order of this Kirke, which we cannot goe by for there are cleare Acts for it — ye must take the re- portes of these that have beine on the former com- mitties, and then it shall be fitt to cognosce of parti- culars according to the degries of the faults and the measure of their repentance ; and I assert so much to the Commissioners Grace, that if these men be 256 RECORDS OF THE [1639. so free as his Grace declaires, I trow there hath beine so much moderation shawen in the Act of the deposition, that they were sought with all earnest- nes and kindnes to acknowledge their mother Kirk ; and I believe that some charitable disposition will remain still. But can it be thought enough that a man shall come in heir before this Assemblie, and declair that he assents unto the institutions of this Kirk, who is knowne not only to be in some things corrupt in his judgement, but disassenting from the orthodox doctrine of the Kirk of Scotland, and cor- rupted with many moe errours. The Commissioner said — I suspect if yow looke some of your processes, you shall find litle more proven against some of them, but these thinges whereof I have spocken, except it be some pyeked quarrells. But if your Lordship and this Assem- bly conceaves that we can doe nothing in that but by takeing in the reportes and makeing formall Acts thereupon, which is nothing but to evince what we professe to ayme at, and to fall upon those rockes which we have hitherto eschued, I doe pro- fesse that I can neither consent nor be a witnes unto it. As for the second — for being of adverse judgment, I hope yow are not so cruell as absolute- lie to condemne a man for being of a eontrare opi- nion anent Ruleing Elders or such other. Kothes said — If any man hes made a declaration to your Grace that they have beine processed for no other crymes then that, your Grace should notifie such ; and I thinke the Assemblie being now conveined, he that thinkes himselfe thus wronged — that thinges have beine layd to his charge that it cannot be cleared — it should be considered by the Assemblie. As for your Graces answer to the last parte of my apeaeh, my meaning is — not only any opinion of uutawfulnes of Lay Elders, but a judg-. ment different from the whole,frame of the doctrine of our Church at the Keformation as it ia now restoired, and likewayes comitted Arminianisme and Poppishe tenets : and here I cannot but remem- ber that man who, in presence of your Grace, layd some imputations against some worthie Members of this Assemblie. ; For my parte, I presse that this proces may be ryped up againe, and I can bear witnes that that man Mr John Lindsey, sometyme Minister at Carstaires, hath beene corrupt in his judgment, hereticall in his doctrine, directlie oppo- site and adverse from the judgement of the Kirk of Scotland, and a maine incendiarie and enemie to the worke of reformation in this land. This shall be made good to your Grace) and 1 if your G«ace would paine yourself© with, the particular, we shall cleare it to your Graces satisfaction, j The Commissioner said^-i-I desire to lescllue no- thing so much as the rypeing up of the particulars, that reflex upon one of zon roeltes that we have, hitherto eschued; and if this i Assettiblie- viH goe on to their formalitie anent these .jepprtes; which I will not dispute much against yow, yow shall force me to a protestaticm kW?!?, I hi^vej hitherto spaired ; and, therefore, I shall desire that sdine such motion may be made, how this jcoqke may. be eschued. , , i My Lord Argyle said^-BgcaifS •' '""■y be, .fh^i Commissioners Grace, spa,ire? , to .speake ^uch fr^p. language as need were, (for fear? of flifence, and, fln, the other pairt, the Modei^tpurdoeth in fre? ternies, expresse himselfe for fear to Jigliti upoa]the,qtl>er, rocke, and so it may be, many of, this, ^.^se^nbly knowes neither what his Grp,qc nor thp.Mpfi^atWf, would be at : therefore I represent tq the Assembly that all may understand. wJia,t we Yflul^ be at, and I believe that soe mucli tyme and Ipsae as the agi- tation of it in pnWiot would take, will suffice to cleare the matter better in privat. < ..,(,.« . . To the whilk motion the Commissioners^ Grace and the whole. Assembly did applaud, and for that eflect did nominat — [not named].— Becaus the roll , of their names was inlarged and given in more per- fectlie the next Session, we here omitt it.* .; The Supplication of the Toune of Edinburgh for the transportation of Mr Eobert Douglas -from Kirkcaldie to Edinburgh, was againe presented to the Assemblie ; and after the hearing and reading of all reasons betweeue Kirkcaldie, Mr Robert^ Dowglas, and the Toune of Edinburgh, the rolls were called, and the said Mr Robert Douglas was chosen Minister to Edin' by the farr greatest parte of the voices. To met at 4 a clock in the aftemoone. Sess. 13. — Harm, qua/rta in the aftemoone. After prayer,, the Moderatour said — According as we left before noone, we have beine taldng some course how exceptions may be taken away from any that would desire to carpe either at our forme or our present proceedings. As we appoint a Committie to take in the ReppTtes, so have we now, to facilitat our bussines-^^so have we now ; inlarged, the number, and divided them againe in four Comniitties,^for the greater accelerating of matters : yiz., ane ioi^ Edinburgh and Jedburgh-r-the 2'' for Ir^ying and Kirkcudbright — the 3'^ for S' Androwes and Kirk- caldie — and, 4, for Aberdeii^e and Forrest. For Edin' and Jedburgh, Mr Robert Knox, and so foorth, hio deest. , ., , . . : The Supplication of Leitjb, being ag^in,e presented and red in fapep^ the Asspmljlie, Mr James Scharpe, Minister at Govan, was transported to Leith, with the consent of all the Assemblyj none opposeing. A Complaint of ane Mr, Robert Hatsone, Min^ ister at Grange,, upon ane George Jamesone, for stryking and abusing of the said Mr Rober); to the indangering of iisi life^ for no cans but becaus the said Mr Robert had summond him before the Presbitrie forli^ing in fornication, r^prre^ e^xnest- Jie and huralilie to the cpusjderatipn of the Com- missioners Grace., A Complaint from the Toune of Peiblis against theiji reader, referred to the Preshitrie. A Supplication for the .transportatioi) of Mr Fre- derick Carmichaell from to rpfprred to t^e Preshitrie, . , , , :* It is impossible to peruse this intcrestinpr debpie, without rcmarkmg .how, assiduously tfee Commis- sioner, and those to whom lie was qpppsed in the argument, kept In the back ground the main objec- tion to the Assembly exercising judicial' functions — namely, that it had n6 legal power to do 'so. Tlie Assembly 1638 had not obtained the civil'satldtion' to give any of its prooeodings; or those emanating from its ihstraetionfe, anylegal authority— and. the decfla^ rations! trf the Assembly il639» amfettedli/, .by Ithe Assembly itself, required the( sanction of Parliament ene, the Presbyterian Cons|titijtipn could be, in ^ull apJ legitlmalje, operation. , It;, , Tvas, , tfiprpfpre, , evidently premaljure and, unwarrantable,, to assurne, at the very moment that so much anxiety was expressed for' that sanction, that it ab-ekdy possessed thSt'jtfaibikCch'a-' ractet "wjlibh it' could not 'IbssSbly 'derive, 'tt 'aff Esta- blishiiierit, from liny Other sburoe thjitt the supremp Icgidlatureof the country. It mnat' be remembered tlmtj by law, EpiscopsAjy. was stilli the established' fortn of niationSil religion; ..and npthiilg more.prepos- terous can be conceived than the projept ,o{| piji»sh- ing any man merely for adh,eriiig,t9t|±.(; j ,,, ; 1639.] KIRK OF SCOTLAND. 257 A Bill of Forgane in Pife, for Mr David Porrests transportation, Minister at , referred to the Presbitrie. The Bill of Invernes against their Minister, referred to the Proviuceall Assemblie. A Supplioatione for the change of the Presbitrie seat of Mearnes, referred to the Committie for the Billes. The names of these that were to preach on the Sabbath day, &c. [not given.] The forsaid Committie to meit with my Lord Commissioners Grace in the severall roumes of the Tolbuith, to-morrow, at 6 a clocke. The Assemblie to meit at 10, Sessio 14. — Horadeoima, Friday, [23 August.] After prayer, the Moderatour desired the four several! Committies to give in their diligence ; and, first, for the north, Mr David Lindsey, Moderatour of that Committie, gave in the summe of the proces against Mr George Gordoune, which was found to have beine clearlie proven, and the Assemblie did approve the sentence of the Commission against him. A Supplication from Mr James Sandilands, Ca- nonist in the Kings CoUedge of Aberdeiue : That whereas the late Commission from the Generall Assemblie had abohshed the said facultie whereof he was Professor, did therefore supplioat the As- semblie for annulling the said Act, in respect he was only cited before the Commission to be exam- ined upon his persouall carriage, and, therefore, neither had they warrand to doe further, nor he was bound to answer them in further, and that becaus there were not a sufficient quorum there present at that tyme. The Assemblie, at the desire of the Commision- crs Grace, delayed it till the next Session. As there were some other Keports coming in, Lowdoun said — The tyme for the Assemblie is now far spent, and the Parliament approach- ing verie neare; and, doubtles, there are many materiall things to be done before the closure of this Assemblie. It wer fitt that these matters be pretermitted. I shall represent this to your consi- deration to be thought upon. Since all of these deposed Ministers, who are desirous to be heard, are either such whose faults are so palpable grosse, that on the first view they may be seene to deserve their sentence, these does not deserve in so short a tyme to have re-entrie to the Ministry, and so needs not to trouble the Assembly at this tyme. Others are mainly, deolyning the Generall Assem- bly, who otherwayes are not so vitious, and who, now professing penitence, would be receaved upon their repentance, and the more moderatelie dealt with, that the Commissioners Grace doth now soli- cite for them. Others also whose proces is more darke and iutricat might be laid by at this tyme, that so, if our tyme cutt us schort, whichever is left, it may be of thir persoiiall matters. To the which motion the Assemblie, with the Commissioners Graces consent, did applaud, and, for that effect, desired the severall Committies to take up a roll of these who were onlie deposed for declyning the Assemblie, and were now supplicants, and to put a difference between these and others who were more grosse in life and erroneous in doc- trine; and so, matters being made cleare before they came to the Assemblie, it would faoilitat the matter greatlie. To meit at 4 afternoone. Sess. 15. — At 4 a clocke in the afternoone. After prayer, the Moderatour of the Committie for Edin' and Jedburgh did report, that they had seene the Supplicatiouns of Mr Robert Hamilton, Minister at Lesmahago, Mr John Hamilton, Minister at Dalserff, Mr William Forbes, Minister at Campsie, Mr James Hamilton, Minister at Hamilton, and we find them of different natures — some of them ex- ceeding humble and penitent to us, others of them nothing so. As for Mr Robert Hamilton, the Com- mittie thinkes he is not to be suddainlie receaved ; for he was that ingenuous as to confesse his opin- ion of universall grace, and said it was verie pro- bable. And lyke wayes his error anent the matter of baptisme. The matter being put to voiceing, the whole As- semblie, in ane voice, did allow and approve the proces and sentence given out against the said Mr Robert by the Commission. The Commissioners Grace did so allow the same, but only as ane Act of this Assemblie. The second Report was of Mr John Hamilton, Minister at Dalserff, whose proces was cleare — guiltie of symonie at his entrie ; changing of the Elders of the Kirk, contrare to the order of the Kirk, for his oune ends ; concealing of adulteries ; miscarriages upon the Sabbath day. The roUes being called, the Assemblie did ap- prove the sentence against him. The Commissioners Grace alleadged that these were verie hard proceedings, and he was affrayed they should yet run themselves upon ane of the rockes they had hitherto eschewed. It was answered by the Earle of Rothes, Lord Lowdoun, and the Moderatour, that they behoved to testify their detestation of such lewd practises and erroneous opinions, as they loved the honour of their Lord and Master, who was very jealous of it ; and yet, so as they should be most willing to testifie their compassion to any penitent persones ; and desired that, if the Commissioners Grace knew a better way to eschew rockes, his Grace would de- clair it, and they would follow it. The 4 Report was Mr David Fletehair, who was deposed for reading of the Service Booke, and-sub- scryving of the Declinatour, but was uther wayes a man of good behaviour, and free of all sort of he- resie, and was now truelie penitent for that which he had done. The Assemblie did approve the sentence, but did grant him the freedome to be receaved to the minis- trie at the first occasion that should offer. Mr W" Forbes, Mr James Hamilton, Minister at Hamilton, and Mr James Hamilton, Minister at Cambusnethan, deleyed tUl the morne. The Assemblie to meit at 9 a clocke ; and so, after thanksgiving, the Assemblie dismissed. Sess. 16. — August 24, die Saturnce, hora nona. After prayer, the Moderatour said — The reason of our stay so long this morning is, becaus we are labouring for a fair way, and we find the Commis- sioners Grace verie much inclyned unto it. And we are seeking to give such a meeting as becomes good and obedient subjects, and for that end we trust de- lay to speake of (Jie rest of the reportes at this tyme, if the Assemblie shall so thinke it fitt. In the meane tyme I regrate that this nationall Kirk suffers under a declaration fathered upon the Kings Majes- tic. I regrate that many honourable members of this Kirk suffers lykewayes : yea, I regrate most 17 258 RECORDS OF THE [1639. of all that his Majestie suffers, heing made the speaker of the whole storie, which could not come to his Majestie but by reporte ; and therefore I de- sire that this may be taken to consideration, how the Kings honour may be repaired — how the honour of this Nationall Kirk may be repaired ; and that every thing in this bussinesse may be done as be- comes such a grave AssembUe, assisted with the Kings Commissioner. ■. -, The Commissioner answered — For the iirst parte of your discourse, our deley is taken in good parte by all honest men who thinkes no tyme long nor ill spent in rectifying abuses, and in that fair way as may give content both to the King and people. And if on the other parte, they thinks not this a worke of difficultie, they are mistaken. Therefore let us lay aside all consideration in thir particulars that may concerne ourselves, and with patience and mo- deration goe on as we have begun, that the closeing may be [up to] our expectation ; and if we keepe not this way, my weaknes may carry me on the ane rocke, and your forwardnes, yowon the other: there- fore I thinke some few dayes should not wearie us, much lesse some few houres that is spent in pre- pairing of ourselves to come heir, that so, accord- ing to my intentions, according to my Masters di- rections, and that that I am confident is all your resolutions, that sd our Master may get satisfaction and we may get our desires, which I conceave is nothing but to testifie our loyaltie to our Gracious Soveraigne, securitie to our religion, and establish- ment of the government of the Church. I believe these are all our ends. For the second parte of your speache, I shall desire that nothing I have to say be taken hold upon ; for all that I may bragg of my selfe is, that I have gained so much as to be in some measure sensible of my oune weaknes. Tho' in some thinges I may fancie ane extemporarie answer, yet, before I speake much, I shall desire to take it to my con- sideration. Yow have beine pleased to make men- tion, in a very modest way, of a Declaration, which, if I take it right, is a Booke wherein is expresst the whole progress of our proceedings : and truelie, sir, the way that yow have expresst it, no man can take exceptions against it. Yet I shall recommend to yow, since it carries the title of my Masters name, that whatever be your sense of the particular, and wherein yow conceave his Majestie hath had misinformation, yow may walke so circumspectlie as may testifie that yow tender his Majesties honour. The Moderatour answered — It shall be our seri- ous endeavour in all things, and especiallie in that particular, to testifie that we tender his Majesties honour as the apple of our eye. The Commissioner said — Since I understand it concernes my Master so neare, I desire, before yow bring it any more in pubhct, that some may speake with me in privat. Earle of Rothes said — There would be difference put betwixt that that is reallie done by the King. Anent that which his Majestie himself heard with his eares, and saw with his eyes, we thinke it be- comes us to speake verie tenderlie of it ; but for that which hath come by misinformation, we must cleare that to the full. The Moderatour said — Please your Grace : that this bussines may be more warilie and wiselie hand- lit, if the Assemblie thinke good, let some be ap- poynted to revise the Booke, and they will distin- guishe all, and prescryve such a wise method as we cannot weill erre in. The Conmiissioncr said— Truelie for myselfe, I am willing to speake my aune mynd freelie. For me, I thinke the desire is modest and fair, and I shall be glad to heare anything further in that. Mr Alex'' Henrysone being desired to give his judgement, said — Truelie, for the matter itselfe, it is verie necessar, and I trust it will give no offence to the Kings Majestie that that Booke be looked on and examined : ffor, in trueth, I thinke it were a dishonom'tothe Kings Majestie to be King over such subjects, both in Church and State, as are de- scribed in that Booke ; and I believe it is not written by his particular direction, nor is he acquainted with the particulars of it. But these thinges must be left to the view of these that are appoynted by the Assembhe, who, I trust, will make such parti- culars in it as may tend both to G6ds honour and the Kings, whereof we are very tender ; and I trust it shall appeare — yea, I am persuadit of it — that we are more tender nor he that hes written the Booke. To the which, the Assemblie did coudiscend, and for that effect, did appoynt to view the Booke: Ministers^My' Robert Baillie, Andro Ramsay, John Adamsone, Alex' Petrie, Mathew Brisbaine, John Smyth, John Reid, Jo" Home, and Thomas Cniu- fuird: Nobles — Rothes, Cassiles, Lowdoun, Kirk- cudbright, Burhe, Auldbar, and the Shireff of Tiviot- daill : appointed to meet together and divide their aune taskes, and be diligent students ; further, whosoever had marked or noted any thinge of the Booke, of their aune observatione, let them give it in to these that are named. The Tonne of Ed'^ presented a Supplication for the transportation of Mr William Bennet from Mony- meall to Ed' ; and, after the hearing of his reasons, and his parochiners, the matter was put to voice- iug ; and the said Mr W"" Bennet ordained to stay at Monymeall, by the greatest parte of the voices. The Supphcation of the Kirk of Denuune to the Assemblie, to grant a warrand to build the same, and make it a (Ustinct church, referred to the Par- liament. The Supplication of the Laird of Halhill referred to the Provinciall of Fyffe. The Committie for Reportes to meit at 2 houres with tlie Commissioners Grace at the Abbey. The Assemblie to meit on Monday, at 8 houres. Sess. 17. — Monday, hnra nana. August 26; After prayer, the Moderatour doRired the Com- mittie who were appointed for revising the processes of such Ministers as were now supplicants to give in their diligeiice. The first reporte was for Mr Andro Collac?. The Moderatour of the Committie for Ed' and Jedbm'gh, Mr Harie RoUock, declaired that they found him to be deprived for drunkennes, aqtuall and habituall— subscryiring of theDeclinatour of the last Assembhe .^remaining disobedient to the constitutions thereof — for sacriledge ; and, further, they found some pre- tendit answers to title forsaid pointes processed against hun : his maine answer to them, in gene- rail, was that the witnesses who had proved the same were somewhat of Idn to the Proyest of Dun- die, whom, he alleadged, was his accuser. It >va3 answered by the Moderatour, that the Provest did onlie accuse him in name of the paroch?, and, by that meanes, none might be witnesses against hijn who were of Jdn to any of the paroche. The Commissioner said — I am to plead for no vitious man ; but I thinke it would seeme too sum- mar to approve his sentence presentlie ; for I thinke all this Assemblie hes not heard all these reasons of his red, nor if they liad, have they tyme to pon- 1630.] KIRK OF SCOTLAND. 259 der them. I perceave all the processes are of two natures — either for declyning of the last Assemblie, &e., or for personall faiSIta. Now, these deserve diverse considerations, and, I say, this is a certaine ground — that this Assemblie resolves not to punische all alike, but that, according to the nature of their faults, yee will show them favour, less or more. Now, if ■ ye shall goe on squairlie to approve all the reportes, I doe hut onelie represent to your consi- deratibnS whither this be not to barre the doore, and tye your owne hands from showing favour to these whoiti ye wbuld show it hereafter. The Moderatour answered — We will not approve of any proceedings of the Commissions, how lawful! soever, but with a reservation of justice to them that will seeke a reduction, and of mercie to them that will supplicat for favom-. The Commissioner asked— Before whom must they seeke a reduction of their proees ? The Moderatour answered — Before a Commission from this AssemhUe. The Commissioner answered — If this Assembly shall not approve the sentence of the former Commis- sions from the last Assemblie, and the partie sen- tenced seeke a reduction of the proees before a new Commission from this Asselhblie, can he evfer expefct ano:ther answer ? But it is alreadie decyded before this Assembly, or, if they doe otherwayes, they shall oppose th^ formalitie of this Assemblie. Argyle answered — The Commissioners may doe legallie and formallie in judgment, according to the probation of the witnesses, and yet the pairtie may thereafter improve* the deposition of the witnesses ; and soe he may get favour either when he improves that is done, or upon his repentance. Eothes sayes — It stands verib Weill with formalitie to say the sentence was justlie pronounced upon that that was pi'oven at that tyihe, secundum allegata probata ; as, for example, they declyned their Mother Kirk at that tyme ; and what could the Kirk doe lesse than depose them from it now ? — They having rectiiied their judgement, they recall ' the sentence, and recommends the men to your Grace to be pro- vydit at the first occasion ; and soe there is a cleare distinction. The Lords of Session Inay reduce their owne deereits, the pairtie compeirand who before was absent, and impugning the probation. As for these who have done nothing but declyned the last Assemblie, upon their acknowledgement of their error, and supphcating for favoiir, are presently put out of controversie, your Grace shall get satisfac- tion ; for the Assembly shall presentlie declair them capable of a ministrie ; but for others who hesbeene procest for persohall faults, and neither compeiring theinselves, nor no procurator for them, but all p'roveh, I remit to the judgement of the ASseiublle, whether or not they, compeiring before ane other Commission impugning the processes, saying the witnesses wronged them, and using Jegal objec- tions,' the Commission from this may repone the sentence, and'make it null ? But I'thlnlte if they have been able to doe this, they should have offered before this Assembly. Thp Commissioner said — They choosed tatherthe . way'6f humble supplicating, becaus they coiiceaved it most saiisfactori? to the AssetabUe ; and I trust the Assemblie Shall not take advantage by that to ptbceed the more strictlie against them ; but, if they heare of this, 1 thinke some of them shall mene then- supplicatibnb against the afternoone. * Improhatioa—a form of ptooess in the law of Scotland, under which the testihiony of a witness was challenged. Argyle said— I 'shall represent to the Assemblie this mids. Let the Assemblie approve the diligence of the former Commission, and remit further con- sideration of the proees to a Commission from this Assemblie. Lowdoun said — It would be considered that there are two parties interest in this question : first, there is the Commissioners who had the charge of the former Commissions and ar now makeing their reportes for their exoneration ; 2'"'% There is the pairties now supplicants, and they are either such as upon their penitence or acknowledgement of their errours, and upon their ignorance of the Con- stitutions of the Kirk, doth merite favour ; or they are such as complaines informaUtie iu their proees, and so seekes to have them reduced and annulled. Now the ane pairtie — to witt, the Commissioners, seekes to be exonered. The uther pairtie suppli- cants, seekes, that they may not be so exponed as they be stoped from being heard hereafter. Your Grace objects how that can be reduced, which, after it is deduced, is approven here ? If it lyke your Grace, verie easiUe. The Assemblie doth approve that they have done, secundum allegata probata ; and yet this approbation may be given with this qualitie, that it be without prejvidice to uthers to be heard, and to reduce their sentences before the Commis- sion, and grants Commission for that effect. This being a parte of the Act, it keepes the mater inteere for reduction. Now, tell me if any pairtie be wronged by this ? Argyle said — I hope your Grace, by urgmg of this Assemblie not to approve the sentences of the Commission from the last, doth not intend to make us doe any thing which may import our passing from our Asseniblie at Glasgow, which we will never doe. Whilst we breath, we cannot thinke this ; for some of them are approven alreadie. It is lykewise a great mistake to thinke that [by] our craving of the bringing in of reportes, we seeke ane approbation of the last Assemblie. The Comniissioner answered — Your Lordship speakes to verie good purpose. I intend no such thing ;] but onlie I declair what is done iu this I will assent unto it as ane Act of this Assemblie. The Moderatour said — Please your Grace, I have bein drawen up the forme of the Assemblies appro- bation of these sentences, which I hope shall both give satisfaction to your Grace and to the Assem- Wy:- " The Assembly, after the receaving of the Ee- portes from the Committies, approves their proceed- ings ; without prejudice of any favour that can be shewed to any pairties, upon their supplications, or of justice to such as complaines of their proees, and offers to impugne the same, by whatsover reasone, competent by the laws of this Kirk and Kingdome : Lykeas the Assemblie doth grant Commission to that effect." ' After much agitation, this forme was agried upon. ' The next 'Report was of Mr Robert Rollock, who was found, by the Committie, to be deprived for non-residence for 3 ycares ; 2'' For neglect of his charge while he was with it ; thirdlie, for main- taining the universalitie of Christs merits, and the falling away of the Saints. The Said Mr Robert compeirand, and being de- mandlt What he had to answer for himself, alleadged that the witnesses who deponed these thinges were ignorant men ; 2'"", That he did not in preaching, but in privat, affirme the forsaids pointes. The Committie finds his proees clearlie deduced, and sufiScientlie proven. 260 RECORDS OF THE [1G39. The Assemblie approve the Sentence, with the forsaid reservation. The Committies were ordained to have their Ee- portes readie written against afternoone. To meit at 3 a clocke. Sess. 18. — Sora tertia in the afternoone. After prayer, the Moderatour called for the rest of the Eeportes. The Moderatour of the Committie, Mr Hary RoUock, answered — There is Mr James Hannay and Mr Alex' Thomsone. We find they w-ere de- posed at ane Committie joyntlie for reading the Service Booke and subscry ving the Declinatour, and the Committie finds that it was verie formallie deduced. Mr "W" Ogstane, sometyme Minister at Coling- toune, was deposed for deserting of his flocke — causeing his people (after a superstitious way) sitt on their knees when he exajuihed them — medling with the poore follces box, &c. Mr George Maxwell, Minister at Dumbar, f(^r foule errours in his doctrine, as his proces at length beares — for medling with the poore folkes box, hard usage of his flocke and paroehe, &q, Mr George Sydserfe, at Colberspeth, for con- tenming his Presbytrie, preacliiug after his deposi- tion, &c. Mr W" Whishart his prpces is so lang, that it is a volume — onlie we have drawen up his dittay in these thrie generalls — in liis doctrine, life, and dis- cipline. I remember of ane particular of his doc- trine, proven be all his paroehe, preaching^ upon Genesis, how Isaak desired his wife to say she was his sister. He gave a raarke. " If God (said he) had punished the father, the Sone bad never fal- len in the like fautt "^common druukenes, nptoiir, &c. Mr John Watsone, in the Canongait, for desert- ing his flocke, contemning his Presbitrie, and declyn- ing the Generall Assembly. All these Processes the Committie finds to be formallie deduced and sufBcientlie proven. Mr Francis Harvie, of Zeattam, was deposed for contempt of his Presbytrie — for setting up cf ane altar and raill — ^for declyning of the Assemblie — for a cruell act of his hands in stryking of a man that within short tyme thereafter he died^aue of the most notorious raillers against worthie Noblemen that ever was heard tell of. Lastlie, Mr Patrick Liudsey his proces is very fearfuU, for its all grosse Poperie and Arminianiswe —yea, there is not a poynt of Arminiah doctrine'or Poperie but he hes mentained it in the grossest way. We find all these orderlie deduced. The next Committie for Kirkcaldie, Dundie, S' Androwes, was called upon to give ip their reportes. Mr Robert Douglas, Moderatour of that Copmittie, answered — We found all the processes that have come before us formallie deduced, viz., Mr John , Reader, Vicar, and Procurator of the Kirk of Dundie, was depqsed becajis he tooke upon him the office of a preaching Presbyter without a flocke ; 2''"% He did contemptiiojislle disobey the Constitutions of the last Assemblie ; 3™°, He did not onlie refuse the reading of the Confession of Faith, but mocking, called it the Jewall of Four. He absented his charge often 4 weekes togither. Mr W™ Wischart, Minister at S' Androwes, was deposed by that Presbitrie, and their assesgours adjoyned to them, be the last Assemblie, for desert- ing of the flocke for the space of 18 moneths to- gether. Doctor Panter, of tl?e T^ew CoUedge of S* An- drowes, for his erroneous doctrine taught to his schpllars, found in his Note Bookes, at large exprest in his proces. Mr Hary Scrymgeor, for his fornication confest, &c. : first, for not catechising his people for the space of 12 yeares; 2"% Becaus he affirmed the Nobfes were taking the crowne oS the Kings Jiea'd to sett on then- owne ; 3"% For calling the Cove- nant a black Covenant ; 4"=, For disobeying the Presbitrie ; 5, For obtrudeing his Sone to preache and administrat the Sacraments, not being called thereto. Mr Andrew Learmonth, for calling all the Cove- nanters perjured — declyning his Presbitrie and the Generall Assembly — refuseing tointimatthe Bishops sentence. He gave in a Supplication this morniiig to the Committie, and tooke it up agairie and pro- mised to correct ^sorae faults in it, and bring ,'it in againe the afternoone, but hes not keeped his pro- mise. These we find all formallie deduced. The third Committie of Irwing and Kirkcud'- bright called. Mr Mafhow Brisbane, Moderatour thereof, said — Wp find Mr James Hutchisone lies beine deposed not only for declyning of the Assem- bly, but for sundrie other grosse enormities — profa- nation of the Sabbeth, drunlcennes, strykeing of ane John Dougall as, he was going into the pulpittj ^nd sundrie other pointes. Mr James Stewart, for declyning the Assembly— non-residence the space of six Sabbeths together — imprecations out of the pulpitt against his paroehe. l(Ir Thomas , of Cameray,,for grpsse drunkennesi profanation of the Sabbeth, ordinary swearing, oppression, strycking, &c., not only proven but confessed by his hand writting. Mr George Buchaunan, of Kirkcudbright, for declyning ,the Assembly and continowing, in his contamacie, refuseing to compeir bfefor^ the. Com- mission. - Ths said Mr George .pompeiring before the Assemblie, ;which was (lelayed till the morn. The Committie finds all clearhe deduced., Tlie Assqmblie approves the sentence against him, ,S\itli the foresaid reservation. , i , . , r, The Supplication of the tJniversitie of, Glasgow, for the increase of their provision and number of their Professours, which they craved might be recommended to, the ensuing FaiTliairtpiit. Delayed till farder advysement. The Supplication of the Burgh of Glasgow for ths.tran^poi;tatjon of Mr Eoberti Baillie from Ir- wing , [.Kilwinning] to Glasgow delayed till the morne,, thaf all parties who had interes might pre- pair their reasons in writt. The Committee, appoynte,^ for trying of tlie Booke of Assembly which was newKfe , come to the Clerks hand, gave in their Reports :^That they fand the IJpol^^ I to be autheutick, and, the , reasons thereof, subscryved with their liands. The whole Asseinbly, in, ane voice, did approve th^ said Booke as aije p,uthentick register, and ordained ti\e same to ha,ve faithin judgment, and outwith, ju all tyme comeing. The Cpiumissioners ,Grace desired the rpa§ohs,of the validiljie thereof might be insert in the Booke of the Assembly. ^ ' ,, A Supplication from Mr Thomas 'T,itlH5alB',',niin- istei; at Foverane, a, man of 98 yeares, having, bein a minister 57 yeares; that whereas he,lja44einitted his pl^pe in favours of Mr John Patersone for the soume of 400,merkes a-yeare, and having no better securitie but the said Mr Joh^s^srmple, bond, who may be transported dr suspendit, iScc, and so the . 0I4 mail prejudged, therefore did supplicat for ape Act of the Assembly in his favours, that he might 1639.] KJRK OF SCOTLAND. 261 be secui;ed of (Jjeforsavd soume durjng liig life ; to tlie whicli the !^ssemblie \i-Sliinglie c6i;disqendif. A. "Bill from the Boundes benorth Tay, desij;elng a Commission' ihsLJr be directed from this Assemblie for rectifying of many abuses there, and for. plant- ing of the^ vacant; Kii'ls, such as Elgine, Innemes, dli^anrie : this Bill, at the desire of the Commis- Bioners Grace, delayed Mil the morrow. The Supplication of the Toune of Ed' for plant- ing of their Churches with, a lite of such as they had their eyes, upon, viz., Mr David Dicksone, Minister at jrwing, present Moderatour ; Mr Andro Cant at Newbottle ; Mr Jaines Hamilton at Dum- friea.^bpca|US of (^ontesfations lilfe to arise, delayed till the inoriie.' ' " ' ' ' /' ', The Baronic Kirk of Glasgti\»fj, of 11,000 com- municants, discerned to be a distinct paroche, up- on a Supplication presented be MrZacharie Boyd. Mr John How, Mr John Ker, who Were appoyuted to take notice pf Doctor Eliots case, reported that tliej' thought hjui to be a, humble and modest man, penitenti for' aiiy thing lie hes done, and submissive to the Constitutions of the Kirk. THe. Assembly (leclaires him to be capable of the Ministrie, and to'be provydit at the first occasionl The Committie foi: viewing of the Declaration appoynted to melt in the Assembly 'House tomor- row at" six houres. ' Tlie Assemblie to meii at 11 houres, andto'have but,ane Session tomorrow. ,,Sess. il9. — IIpif^.und^c){KWi,) August 27. After prayer, th And now it hath pleased God to move our Kings Majestic to indict this AfesemhUe, and hath given me warrand, whatever exposition this Assem- blie shall find that Confession to beare, and like- wayes whatever is found by this Assemhlie tobO'' excluded by that Confession, I, in my Masters name, shall consent unto it ; and now, if there be any 'mis- ' take, it is upon that pairt of the Covenant which makes up the Band. - ' - • ' ' ' Now, for the Confession itselfe I have no scruple, neither as it was literallie sett downe, "nor as it is now explained. For the Bandj if may be,' if in ' forme and matter some thinges werfe right He under- stood, soveraignitie will receave satisfaction. The Moderatour answered — We have still-bein and are able to giVe satisfiiotion in all tliiiiges that might impaire the due estimation of good lin^ loyall subjects. As for the Band, we thinke it so well coneeaved, that; were it to doe over againe, we'Conld not light upon such happie expressionsr Neverthe- less, we are content that your Grace call for whom ye please to receave farther satisfaction. The Commissioner said— Whatever debates there hes beine betweene me and this Assemblie since our meeting, I hope [these] shall take a friendlie conclu- sion. I believe there hes bein none except in that partibular anent the deposed' ministers ; and, for that,' I hope to receave a charitable answer, since it is my Masters speciall command so to doe ; and diietie«ibi'' lisses me, .since my Master conceaves most' of them suffers for his cause ; and so, what debates hes bein, the conclusion is good. You have taken your way, which is agrieable to the constitutions of tllis Kirke ; and I believe with that respect to my'Master what favour shall be granted to theni upon their Supplica- tions. '" '.■ ■ But for the particular — there is so much done in it hy this Assemblie, that, for myselfe, 1 have no doubts of the Confession of Faith itselfej^br of the explanation that is Jnade lupou it ; that ifithere' he any scmplfe, or shadow of scruple, it is concehiihg'' the said'Band. " ' ' ' 'l'ini"]i The Moderatour answered— tWe are very readie to remove these' shadoi^feB;' and to 'give your Grace satisfaction.'' '' ■ > , - , , Upon a'Supjftibatibn of the new CollBd^eiof S'' Androwes, that, according to the Aofrof Assemblib at EdinbJirghj'X&ctb'bdr 9,' 1583j Sess. 10, Gbtaiife- sionerS would be appbyilted for visitatidrfthereifjlo" concurre With the 'Cbmuiissiotaet' from' 'the Paflia- ' ment, for examining the.foundatio'ntlifereofc-eBttfi ' =iiy 1639.] KmK OF SCOTLAND. 263 WiBhing necessar ProfessourB of Divinitie, provyding competent meanes. The AsBemblie find this desyre mosti reasonable ; and, therefore, did grant Com- mission to Earles of Bothesy Montrois, CassUes, Lowthianoj Lindsey, Burlie, Balcarras; Mmkters — M" Alexander Hendersone, Andro Cant, Kobert Blair, William Soott, David, Dalglelsche, James Bruee^ Andro Fleck, Frederick Carmichaell, for that effect. It is observed, that there was a clause in this Supplication, that theforesaid CoUedge might have libertie 'to call for any man to be Professour therein. It was excepted against by the CoUedges of Glasgow and Edinburgh ;. and much contestation being like to arise, the motioni was put to voicing, Whither their Supplieations be grantit simplie or condition- allie ? And, by the greatest parte of the voices, it was granted but conditionalUe. The Supplieatiou of the CoUedge of Glasgow to that same effect. The Assemblie fand it necessar to be grantit next, and after S' Androwes, and without prejudice to them; and, therefore, did nominat, Earles Aigyle, &c. ; Mmmters — Mr James Bonar, &c. ; Bavgesse^Provost of Stirling, &e., to meet the first Tuesday of October. The Supplicatione of the Towne of Edinburgh, containing a leete of ministers for planting of their Kirkes at the desire of the Assemblie, they were content to passe from them all, except Mr James Hamilton. After reading of the said Mr James his reasons, the matter being put to voiceing, the said Mr James, by the greater parte of the voices, decerned to stay in Duinfries. These that were appoyuted to eonferre with Mr Jo" Lindsey, were desired to. give', in their reports. They answered that he gave full satisfaction to their contentment, and did heavilie regreat his former wayes^was willing to submitt himselfe to the con- stitutiones of the Kirk ; and, therefore, they thought itifitt that the Assemblie should declair him capable of the ministrie ;i and upon his satisfaction at his Presbitrie and. Paroohe, and declaration of his re- pentance, then he might be reponed to a flocke,; Mr John- Lindsey, compeiriMg, said — I professe in the presence of the Commissioners Grace and this -Assemblie, that I am heartilie grieved that ever I should have offended Nobleman, Minister, or any other i and that I rmyselfe should have beiu the cans of, it. And I confesse I was too violent in that course of coaformitie, and now have gotten satisfaction of my soriuples. I doe submitt myselfe to the determination of this Assemblie — ^yea, and to all these to whom X have failed. The Assemblie declaired him capable of the Ministrie, and approves, the Report of the Committie. ,, . . Aneut Mr James Hamilton, Minister at Cambus- nethan, the Conamittie reported that he was a young man of good behaviour, and welbeloved of his paroche, and guiltie of nothing directlie but the subscryvingiof the Declinatour; and, therefore, it was their judgement he. might be dealt with as Mr John Lindseyi , The said Mr i James compearand, confessed that he had wranged and .offended his Mother Kirk, and humblie desired to be reoeaved in her favour. The. Assemblie did heartilie reoeave him, and deolaired him capable of the Ministerie. The same report was made for Mr W"? Forbes, who humbliei confessing his faults befpre the Assem- blie,! got the same favour. , , . ■ _ ' The Committie reported that Mr John Hamilton was vim truelie penitent, 'but it was {thought] he should givehiatr}fell of new. The Assemblie.refers him back to the Presbitcie. . Mr Robert Hamilton, of Lismahagow, compeired and said he was willing to subscryve the Camions of the Synod of Dort, and to revoke all his Armin- ian tenets that he had mentioned ; and, in speciall, he was sorrie for his rashe expressions in his paper given in yesterday to the Commissioners Grace, and was willing to submitt himselfe to the Assemblie. The Moderatour said — This matter is not of so small consequence, that we should either cute yow oft' from hopes of being receaved upon your repent- ance, nor that we slight the auctoritie of this Assem- blie, so farr scuffed by yow yesternight, that we should suddenlie receave yow to the Ministrie who hes bein so lang obstinat and caried your selfo in such a proud maner. Auldbar said^It is not four houres since he was converted. The Assemblie referris him to the Synod of Glas- gow. The Commissioner said — I still urge that it is your best for these churches that are vacant, whereof our Master is Patron, to represent the case to him, and what yow doe in this, let it be by way of Supplication ; and if I shall not both convey the same, and be a good instrument to obtaine your desire, I pray God I never thryve. , Upon occasion of this, my Lord Argyle said — When we consider the great divisions and diatrac- tiouns of this Kirk, we rejoyce to see this dayes worke, and your Grace sitting here to put order to all thinges in his Majesties name ; and since we have enjoyed this by his Majesties graceous favour, I represent to your Grace and this Assembly, if it shall not be very incumbent to us to thinke upon some humble way how to testifie our heartie acknow- ledgement of this favour from his Majestic, and to rander his Majestie humble thankes therefore : to the which the Commissioners Grace and the whole Assemblie did applaud, and desired it might come in with the Overtures. My Lord Lowdoun said — If it like your Grace, I shall be bold to desire ane thing may be added to the Overtures — and I know eertainlie I have the applause of the whole Assemblie. Amongst uthers, imputations that have beene layd upon this Church and the government of it as it is now established, that Ministers -n-ill rashlie and misrespectivelie have preached of auctoritie, and, therefore, espe- ciallie since the Kings Majestie thought by his haveing of the Bischops he had a readie way to censure and punisohe Ministers that should deboord in this kynd, least we should seeme to derogat any tiling from the due respect acknowledged justlie to his Majesties Soveraignitie, it seemes expedient that the Assemblie should now testifie their respect to his Majestie by making of ane Act, that no Minister preache rashlie of anything concerning auctoritie, and an Act for censuring all such as shall transgresse. The Commissioner answered — I believe there is none that heares your Lordships proposition, but they take it to come from a noble heart ; and if I should thinke otherwayes, I were not worthie to sitt here. How &rr the Constitutions of the Kirk will warrand yow to gee on in censuring such thinges I know not. But I believe you intend not to ex- cluds the civile magistral from punishing of such thinges. The Moderatour answered — We are so farr from that, that we are content to be the first tryers of these thinges, that we may make schort worke for the civile magistral. The Commissioner said — I swill not exclude Presbitries, Synods, &c., from censuring ecclesias- 264 RECORDS OF THE [1B39. tick persones : but I ^aH not he of the opinion of Soime that thinlce that frae'ahoe the goiine and coull he putt on, they have no more adoe with tlie civile magistrat. The Moderatouiy said — Farr 'be it' from lis 'to thlnke so : tliat Opinion is' papisticall'; but for ws, we make it a poynt of religion to be subject to qui: Prince. _,. Boneymoons Bill for erecting of a new 'Kirk distinct from the Kirk of Btechin, being read and the reasons of both being read, the Assembly grants the said Bonymobne his desire, without prejudice of any parties civile right, which they reserVe' to any judge competent. Bruntilands Supplication delayed. The' Earle of Athols Supplication for dismember- " ibgof'Glenlyonfrom the Church of FOrthingall, ■ remitt to the Commission from [for] the Pirlianient. 'The' Coirimittie for t^ie Billesordaliried to i'eferre or' delay the rest of the Billes of lesse importance, ' and not trouble th6 AssembUe,for ehortheis bftytae. ' " These that' weire app'oyntfed yesterday to meit w' the' Commissiorier's Grad^j! desired to attend his Grace aftjer the dissolving of th^ Assemblic!,, with Auldbiirr.'John Smith, and Mr Robert Barclay to attend with ,theml. ■ " ' The Cbihniittie for the Declaration appoynted,to give in their diligende the morne. The Assem'blie to meit to'nidrroWat 9 a, clocke. ,,„Sea?rf21 August 29, Thursday, liora ncwa. After ifl'eiiBihg upon the name of God, the Md- deratouf Said-^The AssemhUe doth long greatlie to heare yOiir Graces mynd concerning the mayiie point that yet retaaines, that.'we all, Avho are ane people inane Kingdome, ma^ be of ane heart in ane Covenant. ^■^he Commissioner answered— We met yester- day about that piirpose; and I hope we haVe made tha^ happie prdgresse. AVe ha've considered of the Covenant, which is a great workd,- whereiii our Master conceaves our religion and his hoiipur may coiide'rhe it ; and if it be well thought iipon, both the matter and foriUB'iS ritt lesse then may be fex- ' pectediftpmi good subjects and good Christians. Having taken this to oul odnSifleratiOn, being satis- fied both .forfthe matter and forme of it, and after many ovetfcureS'how We might ;ac,commodat Jnat- ters to the contentment' of ^allj to wit, that we should follow a precedent of former tymes, that, as the Assemhlie hath, gone ou,iftiEoKJSP5 tjnies, saft we may now ; and I trqst thip shall reoopcile all. "The' CominisSioriers Graoq sought libertie lo .de- part, to the end he might conferre with, the Couil- cell against the afternoohe, of the best way how to accommodat the matter. It \V|as complained by "iope,' ' that by the Reason of the gret^t tumult they tJoUld hotlldare thd purpose. The Moderatour, after he had exhorted them to order, quyetnes, and gravitie, said — The matter is , andnt the Covenant — that there may be a copii;hon course for the suhscri^tidnl of thd same by all the subjects withjn this Kingdome, and that by cccle- siasticall and civill auctoritie. The way of the do- ing of this it's thought fittest that it be the stoe {hat was used in the year 1590, wherein the Gene- rall Assemblie sett ddwTie the Confession of Faitii with the Band, and gave in a Supplication to the Councell that they might jpjTie their civill sapdtioli ' tne'reu'nio, and ordained the feame tb 'be su'bscry ved by all the leidges ; lykeas they by tteir ecclfesiastiok auctoritie, Commanded the' sknie to be subscryved under all ecclesiastick ceiisnre. The sairie course is'now to be taken. This Ass i ,SeSs. 22. — Hora gtmrtai ' After in calling lipon the natne df God, the Mo- deratour desired t^e Coinmissioners Grace to show to the Assemblie the caube of their so Ipngstay^ or command some other td doe it. ' • ' The Commissioner answered-^The Irqason bur so' long '^j^'and Weafe all' this 'fyme^ ' is' to draw thi^ mittte't' to a good conclusion ; and ■ndwr,'^He3t be GA^seinbly shall thinke it a good conolusipue ;to s/se. this the last Act of the Asaenjbly, thp,',ititiali,ejSO>iie,tyme for fhe! doing of it. . fhe Mo4^;^t(j)ni; Ji^ifing repeated thei Cowmis- r^Joner hia.spe^pJuto ;the Ass^mblie, ,ijid signifie to . thimi, bep^iua tbisgreate \yopke cflwW pot be .endit.this ,night, 'the,, Commissioners Grace had,,CQxidispe^),dit „(to, delay the ryding, of , the, Parliament , till gatowjayj J ,a.nd tbeiAssemblie to. couveine.againe jimorrow, iiai)4'thenrtoc(?pclude. iv-i,;,, ,H,i, A numh^if of, paiTi(iiouIw;,iBiiles.«;er9 given in, to , ithe, Assembliei, , not , peedfull to he, insert,) such as the , iSnppliqations.of JVCr George DiserfF [Sidserff?,] Mr Thomas CiW^fuiflbaelji Mr, W" Rollock, .Tfdr Henry ,iiP(»irsonej iMr J?ran?iSiHaryie,, Doctor Andro Law- mond, are [referred]j|to> the Synods, Some nther particulaiT, Billos, anpJjt- (jhe uniting or disuniting of Kirkes, oj of Kir)fearfi:om,Presbitries md, Pro- vinqiallsv referred to the .Parliament. , - A Bill, preseptediin name of th,e, Laird of Kil- , .phepon, being .pxpQBimjwip^t by ,Mr. Janaea Bonar, ,i|pr his. contempt and raiming,againat,the Covenant, fur his disobedience, supplipatjing for liberation from u ,tha.t| aentence-^referiiedi to ifyia Synod. ,:,,.,,,, '■''''' ' Tlie OveHurts fdad (iter' iu/dine," '''' , ,^|,IjHC<'HJ§.thiP;!Members of tha^A^9Wjjlifi desired to hcare the SuppUcatiop,! that .Was, i;o jjp given jp to i±ll,ckp,.to hearerftlie, Supplicji|tiion j^pad, arid the Comiflissiouefs firaep ,to, cop),e at ,9, because . , he/hehoovedit9,hP in the CounsoU. ,i , ■'''■ ■ Sess. 23.— August 3W '■ , J,, Aftpr prayer, there Tyas some Billes given in, , ,yYliifiI> ,Wr,e delivered to the Committie since they gaye initheirreportes. ,, ,, I A.Bill;from the, PrB?l)it;;ie of Lanerk anent the ,ijflivision,q( Kirkes, r^tjopimeiided to the Parliament. ,, iVIr W™ Livingstpun' his Bijll for a fellow^elper in the Ministrfp jit Lanerk, roeommehded to the I i!^arli^meflt', , , ,, \ . •,. ^ [ mj: Jlohcrti ' M°C1 ella'n,e, ' ^.t Zietaum, ^hjs Bill re- commended to the Presbitvie of Kirkcudbright, ' , ,,,'^^^?,^i^,pf iTpyiotcJaill an^ Merse, against the |.,pj?flf^(^a|;ipn.o|,the Lords Sabbffth, granted. ,,., The Bill of the Presbitfie of Hafidingtoun, desir- ing, the, ;ifi^tifjci(tipufl. of fprpier Acts ag' the Salt Pannes upon' the Sabbath day, g^a,nted. „'jlj^,A?3enilj,ly appoyjxtsd a Commission' for draw- ing up of anenuifq^pft Cathechisme, and tpp prder ,,of famjlfe exercisp,, and to repoite their diligence to thf3,-iiext Assemblie^jitq, be there considered — ^viz., M'" Andro Eamsay, Alpx' Hcndersone, . Bobert , , Blair, B,d^ya^(^ Wright, , John Livingston, James Hamilton. ,,, The Assemblie, considering tha.f iSlipuld^ it please . Gpd, to .ppupluie all matters in tins , Assemblie and Parliament, it were necessar there shoijd b^p a solemue thanksgiving through all the land ; that the whole bodie^iiiight rejjyee together, and the Kings ;ftlajestip .might liea^retM^thia JCirltrejoyces under the senpeof receaved jjavours ; ,and, that they could nottPosjt appoynt the day, difji give, Commission to the Presbitrie of J^difll^urglf ,^pi, advertise tlie ^Jtole P';C5W*{iP?-..: • ... ,- ..■ ' ■' ...■jhe Mpiipfatpur dpsirej that the n^of^pi^ concern- ing % ,nftyy, CoUpdgp , of S* Ai^iJro,wes b,e intertaiped, and ?ppie, expediences found 6»li fpr ppmoving of thi>li,,Tii;sn^e„,. ,, .(,, ,, , : }f.T Alex' Hen^ersone, Mr Robert Meldrum, Mr Jlobprt .Douglas, at the Mo,iJej;atoura desire, by many ,, pressing argument^, did shovy.the necessitie of pro- vyding the CoUedge well with Profe^ours and Com> . pptentiWpans, without prejudice of any uther Col- , leijge withm the kingdome, because it was thought necessar ^hat the Kings Majestic should receave thankes from this Assemblie, and that in a publict way. . . ,,..,, The CotPpiittiP for the Overtures did represent to tjip Assemblie that ;they should have a Commission to . tlie Presbitrie of Edinburgh, and some uther .adjacent pjpsbi tries, with nower to draw up a humble Supplication to his Majestie, acknowledging all his byegone favours .bestowed upon this Kirk ; to .present, the grievances of -the Kirk, and everie member therepi^ j and to receive ane answer from his Majestie ; and, likewise, ip pasp of any exigencie, tp acquaint his Majestie with the necessitie of hold- , ing ap .pccasippall Assemblie. Becaus this motion ijyas opposed by the Commissioners Grace when he . came in, and another course takep to the satisfaction of itt^e Assemblie, hereafter tp Ije insert, [the motion ■ yfus abandoned. 1 The names pf these tha,t Tyeire appoynted to preach on the Sabbath. [Not given.] . A number of thpiComnjissippers of the Assemblie, Noblemen, Ministers, Barrens, were appoynted to attend the Parliament, and thei;e, ,to represent the grievances of the Kirk, and to meit everie day at 6 in the morning for that effect. Mr Alex'' Hcndersone was sent to the Councell hou^e fpj- the.Supplication, that it might be read and ppngidered by, the Assembly Ijefore the Commis- , sipner [came] Jn, thp tenoir wherepf foUpweth : — ^^'IieAssemhlies Supplication, ft/r Subsoryving of tlie ,,. Cozeiiavf^, , [ Vide p. 207. of these Kecords. ] Thp. Committie appoynted for viewing of the Large Declaration having drawen up their diligence in 12 schpits of papprj for fear of marring the As- ,sem)jlie, extracted fprfh, in two scheits, their maine ap4 Piost materiall oliservationsuponthe said Booke, \\|hich they 4id, .represent unto the Assemblie, the tepupuf whereof fp^ipffps- — , This Declaration of Doctor Balcanquel is. First, Dishonourable to God;- 2"''^ To the Kings Majestie ; 3"°,' To this National! Kirk ; 4"% Tt is stuffed full of Lies and Calumnies, which we make evident to ' the world by these reasons : — ' First, — 'It is dishonPui'able to God : — Tha,t albeit the Subscription of our Confession of Faith and Covepant was ane Act evidentlie tending to the glorie pf God, besides tlie testimonies of our consciences thereanent, is now, praised be the Lord, againe .acknowledged. , be this prppent Assemblie; potwithstapding, to the great dishonour of God and Jus true religion, as ill is now professed in this king- dome, it is most, impudeptlie,. averred in this Large Declaration, that the subscription of our Covenant doth most evidentlie tepdto the dishonour of God Pag. 2(), " .,i", . ;...,,.' . That the same Covenant is dung which was throwne upon t^le face of auctoritie — a lewd Cove- nant, with a spditjous Band annexed thereto, so that pverie religious and ^p map may run and read that septepce pf c^demnation which it carrieth in its owpp front. — Pag, 54, , " -Xliat it is ^ wicked Covenant, or pretended Holy League, like to that of France Pag. 2. That it is a spujjious Covenant. — Pag. 125. ., A T^bellious- Covenant. — Pag. 156. 266 RECORDS OF THsE • [1639. That it-is not far, from blaapliemio to say, that Go(J, 1)y the fire of Sxis Spirit from Heaven, hath accepted thereof. — Pag. 178. . f ,,, , That it is a dangerous and fearfull approach to Wasphemie to say that it was sealed fromi Heaven. — Pag.i'?9. ' And that alj Christians in the world who, have ' heard of it doe acknowledge that no such Cgvenaut came from Heaven hut from Hell, from whence Cometh all portion 9?, sphisme, — Pag. 161. Sscondlie, — Dishonourable to this Kirk : — Foi^ although it hath heene the glorieofour Kirk among foraign nations, that with the veritie of doc- trine received, thfi puritie of , discipUi;\e iVQcopdiiig to the word of, God, whereby all errour JQ^octrine, superstitioue iu worship, and tyrannie in , govern- ment, aiid especiallie all IPoperle, hath bpin^ oppflsed, and removed ; and that, of late, we liave, laboured to recover that puritie by removing these offices and corruptions that have no warrant by the; Word, of God, and re^establiscjiiug these,, office-bearers that are w^rran^ed, by the saEcie ; notwithstanding, to the great,dishonour of this Kji'k, [iy is affirmed iu this Declaration that there is' a great deformitie ia our service — no fomie of pu^Jlict prayer, |b,ut preaphers, readers, and ignorant schoollemasters, praying, in the church, sometymes so ignorantlie; as it was a shame Ijo aU,i;eligion,to li^ve the Blajestie of God so barbarouslie spocken to ; sometymes so seditiouslie, , that theii' prayers were plaiue ly Ipellig goeing itg^iinst soveraiguitie and auctoritie, or hes hein stuff(3ji,with all the false reportes of the, kiogdome. — Pag. 1 6. That we have taken such a ,cqurae to, undermynd and blf>w up the Reformed Keligion, that if the con- clave of Rome, the severall colledges -pe^pe,tuallie sitting at Rome for contry ying , and eff'eq^ing the, mea,nes, of reducing all kingdom's, to 'the Romano obedience ; nay, if with both these, all the Jesuites and their most especiallie combyned and sworne enemies to our profession, all asseinloledi in, ane plaqe, a^d had, all their witts and devic.es conG,entred in ane conclusion and resolution, they fcould hardlie have fallen upon for turning all men out of , tli^ Ijathes of religion reformed, or h?,v[e, settled , upon such courses Tyhiqh can bespeake no uther event but the.uijdoubte^^verjjhrow of it,, at lea^l; in that king- dome, unlos Go(l from heaven (>Ylfjcli, we hope) have all their, ; ,cobble webs, , contesturg^, , in deri- sion ; that our maximes are the same ,W(Lt,h tlie Je- suites ; that our preacliours.seroions hE),ve beine de- livefed in tlie very phrsisp, of Becanus, Scippeius, and Swarez ; that the meanes which we have u^ed to induce credite with pur proselytes, are meirlie Jp^, Buitical fables, false reportes, false prophets, pre- tended inspirations and divinations of the weaker sex, as if now Herod and Pylat wqre once againe reconceiled for the ruine, qf Christ ani his true ipr ligion, — P. ,3 and, 4. ' ' That our conclusions are quite contrarie to tlie Confessions of all Reformed Churches in particular, an^ qf our Scottish Positive Couj'p^^lon,* and that all the weapons wherewith we now fight against these Prptest^^it (pofLClusjons, are stolen or, l?or- rowed out of the most rigide Jesiilt Magazens ; to witt, that we are to be accompted not as frien(j3 to the Rings Majestie, but as foes ; not as Protestants, but as the most rigide of Papists, Jesuits ; an4 so being without in this poynt, not bring soan^aU upon the reformed religion, and those who are not with the same, especiallie considering we have gone about to wound the reformed religion through, the Kings Majesties sydes Pag. 4. That Euleing Elders were brought in, ojilie out of afeare that: rigide ministera designed for, the As- semb^e,) might want.a sufficient number of th,eir fellow ministers for, their eleetiona in, their severall Presbitries.^Page 189. '^, -^ i , . That Mr David Mitchell -was (processed and do», posed, for doctrines uncoatrayerted and generalUe receaved by all Protestant Churches iu the world. — Pag. 20e. That the processe against the Bishops was pur- sued, vyiflj suioh malice, injustice, falshood, and scan- daH, not only to the reformed religion in particular,, 'but to the Christian religion in^generall, as it can- nptbe paralelled, by any precedent cf injustice in precedent ages ; and which, if it were kno wen among Turkes, Pagans, or Infidells, would make them ab- horre the Christian Religion, if they did thinke it would either countenance or could consist with such abpminable inipietie and injustice. — Pag. 207. That some used a-, notable, trick I of forgerie and Romish imposture, for advancing the \vorlce, of re-, formation, by working upon the weaknes of a young maid, , and makeing, cboyse of her as a fitt,' instru- ment to almse the people. — Pag., 226, 227. Tliat such was our blind obsdnacie, that we scorned that any one should . sitt iu the Assemblie who ran pot in our rebellious courses, as holding it a dis-reputq-tiau to abate, any thing of our power or will, and we would he, sure to chppe the winges of auctpritie.^Pag. 245. . ,,:.,, That we should have everie meciianick attlzan, being chosen a lay elder, to have equall power, ^ji4' state with his Majestie. — Pag. ,246. , , ,, That the Kings Commissioner got certain intel- ligence of the Covenanters unmovable resolution, that altho* the Asseniblie should be continowed, and all things whioli they desire should be granted and , effected,; that t^e quyetnes a^nd pe^pe of this King- dome, should be never a whitt the more settled or established, but that they were determined to choose certain cqmmitties, who, under the name of Com- missioners., from the General! Assembly, should keepe up, their, Tables, and, be, phosen a,nd contin-,, owed from one Assembheto another, and so holdon the sapie rsbellifius courses which they ever held, since the first erection of their Tables — to the over- throw qf, the Kings royail auctoritie, and the, auc- toritie of the Lords of Counsell and Session Pag. 269. That , ijijder the name qf Arminian tenets, many thinges iu all, thfi. Reformed Churches were con- demned in the Assemblie.— ; Pag. 317. That the conclusions in the Assemblie tended to the.sedition and rebellion, and the overthrow of the layfes both of Church and Kingdome ; and that many of them were false and fdolishe positions.-— , Pag. 324., , That the Covenanters are the worst and njost disloyall pack of the,Kingdome.r^P. 380. Tfiirdlk, — Dishonourable to tlie Kingdome : — For, although it luth Jjeene th^ glorie of this , Kingdome that ,it h^tli continowed in duetifuU sub- jection and obedience for many ages under 107 Kings, and, we have ever aolvpo\yledged our quyet- nes, stabilitie, and happines to depend upoii thp safetie of oiir gjraceous King, as ^ppaGods,1^ice- gerent sett over us for mantenance of Religion and bainiitratiott of Justice — not having any intention to desire to attempt any thing that mighO turne to the diminution of the Kings honour and Auctoritie ; ■ — notwithstanding, to the great dishonour of this Kingdfiine,rit ,ja ,8,f]^med in this Declaration, t^iat, although the Marqueis of Hamiltoun, during his contjno^anpe among us, found that we gavp, hiui 1639.] KIRK OF SCOTLAND. 267 civill respects as Marcjneis of Hamiltoun, yet his being clothed with the Kings attctoritie and Coin- mission did much dimiMisehe them. — Pag. 86. (That the State of Scotland hath beene much of late 'discomposed and discoueeted liy the seditious praiCtises of divers, impatifeist of all lawes and go- vei-nement. — Pag. 1. i - That, by persisting [in] our tumultuous and rebellious courses, we doe demonstrat to the world our wearinesse of being governed by his Majestie and his Lawes, and oui' iteliiilg humour of having this Kingdome governed by a Table of our oWne devysing— ^ monstrous birth, as the lyke hath Ji6t beene bred'd in any kingdome, Christian,' Jewish, or Pagan. — Pag. 2. ' That we are like these' of the bloudie League in France,' who hoped that the vetie name of Holy League would cause in the world a mislalc* of theit meaning, aad palliait their most wiclred and unua- tura,ll treasons fdr rooting out that lawfuU Sove- raignitie and the true Religion. — Pag: 44. That we 'begunne the most imnaturall Couneells and horrible ' rebellion that this or perbapes any other age in the' woi:ld hath ever beine ^trqu'anted with — that we begiil ' to invest ourselves with the supreme ensignes aUdmavkes df Majcstie atid Sove- raignitie, by erecting publiet tables of advice alid' counsell for ordering the effaires of ' the KingdoriiC without the Kings auctoritie, and- by entering into a Covenant a;nd inost wicked band and Combination against all oppDSers, not e'xoepting the Kings ouiie persoue, directlie against the Law of God, the Law of Nation's, 'Md the Municipall Lawes of thid King- dome. — Pag. S3, 54.' That theso our meetings at 'our tables' hav6 beene' accompted by wise men, rather slabSeS of unrulie horses broiiken louse, and ptdUtf^' douhe all they can reach, and throwing dnng into th'e face of aucto- ritie.-:iPagi 54. ' ' ' '"'' That we suggested some alteration In religion to be made by the innovations, oulie to that end that the Kings Subjects might be heeped froni returning to their obedience. — Pag. 152. ' That the divilishe obstinacie and malice of our factious spirits found meanes to blindfold the peo- ples feyes, and so keepe them from' discovering and ackno'wled^ng the Kings Grace and gobdnes to- wards them Pag. 155, 156. That it was' ouir nlaster peice to sioppe anything, thOug^i never so well lyked be ourselves, if it wet commanded by the Kings auctoritie, as fearing that if he liad obedience in' 4njf oile' thing, the people might recover the tast of governement. — Pag. 193. That the heads of the Covenanters were affrayed that aiiy shew of obedience should be yielded to'the King by his people in the leafet poynt. — Pag. 204. That' not 'so much ai the least iiJcllftation to peace could be discovered in' us. — Pag. 64. " That,,aJ)PVB all tbiflgSj t)ipy of ,tlie Coywaiiters table, were affrayed that the people Bhould receaye any satisfaction from his Majestic, or rest ciiit^iited with' the grace of his InbSt reasonable 'proffers of favour. — Pag. 90. That' the Leaders of the Covenanters studied nothing more then to supp'tas^e the" Kings '^aeeous intentions and favoures tbwards them— Pa^;' 91. -This Declaration! lis stufiSed wdth a, . 'hudge number of Lies, inavprring Untruthes besides the alreadiciUieiltiotied— foV inslailcej ! as follows : — '1' ;>,!' t-iltw.i..a That the Covenanters pretend religion, a^d in- tend nothing lesSe then that : their cburses are tutntiltublis and ieTjelHotig.— Pag;'2, etpaism. That our Covenant, b/ Papists, Was reeeaved with infinit jbj', as hopeing that tho King and his succcssours might be brought tb ditest that religion whose profest zelots had beene 'the authbr of such ane insufferable Covenant, which could not subsist with Monarcliie. — Pag. 74. That, upon the removing of the Covenant, there '«'as a suddaine and frequent arryvall of Priests afiid Jesuits from Doway, and other seminaries beyond the seas, in hope of their welcome to his Majestie. ' — Ibidem. . i ^,,|| .j, That our Covenant, was reeeaved by the Protest- ants abroad with most offensive scandall, and in- iinit grieffe — namelie, at Charingtourie, ' Geneva, and other reformed churches in France — who were so scandalized with this prodigious Covei)ant,as that they were affrayed of nothing more then this, that it-will bring'ane indelable' scandall upon the Re- formed Chiirches, and ahenat the mynds bf all Christian Princes from ever ent'drtaining a good ;thOiight of our religion. — P. 74. That the dbvenant' Was obti-uded to all sortes of pebple with furie and madnbS, with threatenings, tearing 6f' clothes, drawing of blood, & cet. — Pag. 95. " That tho seids of thip sedition were sawen by the plottei-ft' of the Covenant, /)•«*, at the Kings Majes- ties revobation. — Pag. 6. ' ' " Scmndlie, at the Commission of Surrenders. Pag. 7. . TMrdlie, 'TJpon the refusall of honours at the latb iParliament. — Pag. II. \ That the finall alterations of the Service Booko urged Upon us, in which it differeth frbm the Eng- hsh'Sei'vice Bookb, are such " as might ' best comply with the mynds aiid dispositions of the subjects of ithis kiugdonie. — Pag. 18. "' '' ' -' And thiit the same Service Boolce was no dif- ferent from the EieKsh in any materiall po-yrit. — Pag. 19. , , " ' '" ' ' '■ That the heads bf, the Cb'venaut had no sooner notice of tho peaceable course intended by us, but they flew but in farr gt'eater violence. — ^Pag. 79 :aud 113. ' ' "■ '-'•""■ That the Proclamation, Julii 4, would have beene rebeaVed by the people with humble and thankful! acknowledgment, if they had not beene riot onelie diverted, but perverted b;^' these , rueri, who inter- preted everie satisfaction of the subjects tO be a IdiVi'deing frtm themselves. — Pag. 92, 93. ' That, in our Privat Meetings and Pub'liet Ser- monds, vie ^a'vb endeavoured to ,scttle in the sub- jects myudsj' opinions, feares, and jealousies quyte contraje to our printed asseverations. — Pag. IC?. That the principall Covenanters, Jfoblemen, Gentlemen, and Ministers, protested to the Kings ;Cbmmissioner, that their meaning was never to aboKsche EpiscojpaU "goVetnmeiits, but to have it jlimjted, and censurable by the Generall Assemblie ; arid that they Bad' farr rather live under it than under the tyrannic of Presbitries, which they have hbai^d the ^Pathei-s complaine of, aiid bidd them bewarr of. — Pag. 114,1 15L ' That the heads of the Covenant had layd upon the King that aspersion that he' intended (jb bring ' in Poperie, or, at least, to toll^rat^ the same; be- cauS they believed it Was the most 'poB^'brfuU meanes of alienating the mynds of the people from him, wliich they brilie intendit. — Pag. 125, 126. That the Marqueis of Hainilton pt'eSerit'ed''t9 hia Majestie' ilot only the improbabilitie that ever the ring leaders of that rebeUion would desist untill they had obtained their wicked ends, and tjiat tiifi only hope of peace was placed in dividing the peo- m RE^f)flDS OF TPI^ [1639. pie from them, by^ preferring unto, the people syeh graceous favours as in all Ukellehood they neither cpuld libr would rejecL^Pag. 126. ,, , Thai laymen did riot sitt in Presbitfies i6 yeares before.— Pag. 132 and 191." That it is unquestionablie true that Episoopaoie may and doth consist with the Confession of Faith. Pag. l38 and 177. , ' ' That Archbishops an3 Bishops, September 1G38, had .and have still a settled office in tli6 Kirk be Parliament, nay, and be Assemblie too. — Pag. JfiO. Th:\t the C^ovenauters choose none to the Assem- blie but suoji as they w^e ^^urs would rec?ave,.nd satisfaction, and keepe all uthers from accepting aidyl— Pag. 188. , Thqit the (yp,yena|nt.ers laboured hard to persuade that none of these thinges promised iii the procla- matton — no, not the Assemblie itselfe — were ever intended to be performed by the King, but that he studied to deley tyme whill he wererpadie for their, ruine.— Pag. I95. " ', .., j that' tliey resolved to increase thir disorders to spoil a height, and to multiplie affronts upon tte King and his auctoritie, as tliey imagineil' should I'le^ past all sufferance, that they might compassd their desyres of his Majesties Commissioner, either pro- rogation oi: discharging the J^?semblie Pag. 195 and 228. ' ''," ' ' ' ' ' , ' That ihe witnesses iu Mr Cavid Mitchells process being all laymen, we'r' men of such mean and ordiu- arie understanding, as tliat it was improbable, if not impossible, that they should understand the dqptrinps^ thathe was charged witjli.— Pag. 206. That tlip meeting at Ed'' was to agrie iipon the conclusions to be made in the Assemblie.^ Pag. iSS and23li ■■'■■■ That thetwo Covenanting Ministers of Edinburgh declairing to uther Covenanting Ministers that be- moned themselves, wondering thaf they would give way to the utter defaceing of the Church by these laick intrusions, that they grieve^,' for it as mnplj a? themselves, but that they must winke at it, el^'^ the nobiUtie, geptrie, aiid Iiui^owpSi did threateif them, with a desertion^ That the Bookes of Discipline were penned by some p/ivat men, but were, iieyeT. coufirmed by Act ofParliariient or Generall Assem- blie,— Pag., 3}3.t I'Kat there is nothiiig in the Confession of this K^irk against. the tenets. of Arminius. That we confessed the 4 Epoke^ of the AssembUp not to be originalls, but cppies.^Pag. 271. ■ J^yM'^i — Our intentions^ wordes, and acliones, are miserable wreasieii in this Declaration. That our refuseing ib^eicfept the King out of the nuttiber'^f persons against whom tiro Baud of iriu- t,iiaU Maiutaiiners ■was inteiidit deppjistration. th.it, iri'bur intentions, he was the nersoue chiefly avmed ai.-Pag. 106. ' ' '" ' *^"" '•■ ' ■' V Whereas he could not, be"ejccepted, because' 6ur Mutuall Maintenance agajnst alj pfefsones quhai- somever was in defence of Religion, the Kings per- sbne, arid arictoritie. ' , That our meaning in explication of the Covenant was, that' we! would continow the Kings obetHent subjects if h^worild pairt fi'oiri his soveraignitie, aiid tliat we woiild obey him if he would suffer ua to command. — Pag. 115. '■"' '' *■ Whdreas bur true meaning therein was fo cleari ourselves of the imputation ;of disloyaltie tb' oui! gtaoequs Soveraigne ; and whereas the BiU against the President and Clerk-Begistet ^^a3 giveti in to crave juitieeupbn them as ofSfendfirfe, yet it is affirnied thiit it was becaus we knew the Mai'ctueis' neither :CO,uld,nor wru14 y4eld unto it,, and th^t by his deny^l, iweimigllthave^eapesto irrita,t, eyei) to disgust the Kings graceous favours.— P^g. 93. , The Assemblies Judgment d6rui^irtff tliv Manifesto, After tlte reading whereof,' the Moderatour de- sired soriae of the brethren to give their judgment oif thci said Boolfe. , ,,,, Mr.i^ndro Cant said — It is [so] full of grosse absurdities' that I thiuke hanging of the aiithor should prevent all other censures. The Moderatour answered — Tliat punishment is npt in tlie.hajicls of Kirkmen. . 1,1 , The Shireff of Teyiotdaill, being asked jiis judg- ment, said — Ye . were offendit with a churchmans hard sentence alreadie ; but, trnelie, X could exe^ cutej that sentence with all my heart, liecaus it is niore proppertome, and I am , better^, acquainted with hanging. , ., {/, My Lord Kirkcudbright said — It is a great pittie that many honest men in Christendome, for writing little bookes called pamphlets, should want ^ares ; arii^, false knaves, for writing such volumes, should brooke heads. The Assemblie, ifter serious consideration of tlie great dishonour to God, this cljuroh and kingdbme^ by the said Booke, tlifi, condescend uppn a supplica- tion to the Commissioners Grace, that the sii^e, might'be represented to the Kings Majestie,|that his ])Iajestie might be pleased to c^l.in all the said Bookes^ and thereby shew his dislyke thereof ; and next' to give Commission tp cite all such persone^' who are either knowne or suspected to bej the authors thereof, or informers anent it ; and in spe- ciall. Doctor Balcanquell, who is' knowne and pro- fessed to he the author, at least the owner of a great \ part^ , thereof ; that, by tbeir examplarie puuish- mqnt, others may be deterred from such dangerous and seditious courses ; the tennour of which Sup- plication fplloweth :— ['Vide p. 206 of these Re- cords.] The Assemblie thought it expedi^t that some overtures niiglit be advised upon for Keeping, orjie^ in the Assemblie in tyme comeing. Til e Assemblie, found it' expedient, for the pre- venting :of all Innovatioiisyhich might impede this recovered reformation, that no dangerous motion, tending to the hurt of the Church, be proponed or concluded suddenlie iii any Assemblie, Presbiteriall o_!j.,3Pi,'Ovinciall ; but when any question sha]l arise , in any inferiour judicatovie, it may be cominuiiic^t ' to all others, agitat and disputed in Sessions, '!Pres,- bltries and Synods, and so might be rypened for- the Generall Assemblie : lykewayes, ' that hothing, slioiild cpiiie before the Geuerall Assemblie, but that which cainc by i-eference or by' appellatioii, apd ■*vhich OTUjldnot, be discussed by "another Inferiour Judic'atorie : As als6 that nb 'rfeference shoulff be, made but orderlie— viz., frpiu'Sessibn tij 'Presbitri^j from thence to Synods, aind then to the jGenfeirall' Assemblie. '' " " ' Tlie Coinmissioner being come in fc|' the Assenj- bllOp tlie ModeratOui? desired his Ifii-aee'tb shovif the, A|Ssemblie the Declaration wherewith his feracewas to siibsery've the C(i\i-eh'aintl ' ' _ ^The Commissibiiei; ,auswej>ed— tbr my Declara- tion [it] is ' verie short. It Is nbthing els 'but yi-hat I have decla|r'ed many a tyme sirice we mett'here; for, as I told 'ybw, when that Act, abbl^hing Epis- copacie aJfJd the Jtpst of these evilles,,p'ast Ijeir,' the" 17, of this ibstant, I was to consent ' untb that Act in rijj' Masters name, not as a thing that my MaS-' ters Judg;emfen't; and of iiiloii willed hiin iintp, "fcut that njy, tender affection to phr satisf^(;t^bn, mb'fed 1639.] KIRK OP SCOTLAto. 26& him to assent unto it, Eveil so now, I am to make a, short Declaration, least if ray Master sHoMd sub- scryre simplie, lie sliould conderaiie thiA'gbs '"that areallowediinUie Kirk.he liveg in, andiVhi^h his judgment as^enfs unto,i A king may be a liing of divers kingijomes that are of divers religions :' and we hope we will not say but he may doe that that may satisfio., one of his ,(Jominioiiswhich| will iot sa,tisfie another. And for'iny Declaration quhere- with 1 subseryve the Covenant, asthe'Kihgs Com- missioner, and in his iianie, it shall' not be obliga- toirie to atfy'Seottis man to ', siibsbry ye with decla- ration ; neither shall any Scottis subject whatsoever shelter himf elfe under it ; but if he subseryve not with the Assemblies Declaration, shall be lyable to the censuire^'of the Kirk, and so shall I iiiyselfe be j for as Lord of Traquair I ' shall subseryve totvM composituw., with all the rest of the subjects, ev'eri as Mr Arohbald Johnstoune .^libscryvea, whiojl I believe is strict enough. And so the Commissioners Grace arose arid sought libertie to goe to tlje'Couu- se|l, and the Assemblie to sitt stilj till he 'returu6d. Ihereaftei* the Supplication Was sent Jn to the Conimissioners Grace and Counsell, by the Eafle of Argyle, Rothes, Lowdouri, Mr Alex' Hehdersoile, ICeir, Provost of Irwing. In the interim th'e Mo- deratdur, exhorted the Assemblie, and speciallie the Miniatrie, to' call to mynd the old Acts of the As ■ senibly, tl^at were revised, anent the' conversitidh and carriage of Ministers, that by their paiufulnes upon their people, the fruiies of the Gospell might appear'e in the land^ that all that lookes on may S^fe that we in'teridit nothing biif reformiatiori,; and in particular regrated heavilie the great slightipg , of the' Worke of examination, that it waS|become pAr- fupctorie when it was left to ^ few ,dayes before the Communion, arid there wished that there should b'6 weeklie, examinationk, and, desired that some of the brtithren should speake tlieif judgriients, Mr Robert Blair said— t remember at tllfe'last Assemblie, that King J^rae^ wa,^ at, holden at H6- lymdhous, 1602 yeares, that I'Jiere were instructions given for the visiting of severall congregations^ and a numl^^r of questions that the Ministers are to, be tryed in ; 'and 'it is expvesslie ' said there, that they shall be aslied whether they have weeklie catechise- ing through the year';', and whill this be airiei^ded there is ,small hopes that people will Ipe brought to the knowledge of religion. ' . ' '•' , ■■• jViTr Jotin WeymCs said — It is to b6 regraited' that most parte of Ministers scrufes the mater of The Mdderatriur desired his Grace to bring foorth these good newes which theAsserniiBe liath' bein long looking for. , , , The Commissioner ariswdrpd — My Lords o^, Counsell with myselfe have" receaved your Suppli- catioun, desyreing that .tjie Covenant, with the" explanation of this Assemblie, may "receaye the force of ane Actbf Counsell, to be subseryved by all the Subjects of this Kingdome ; and we find your desirei so fair 'and! reasonable, that we con- clave it'pur bounden' duetie to' grant the' sariie, and thereupon have made an Act of (jdunsell to that efiect. Now, there is i second Act'to be expected in this jissem'blie ; and 1 ^m so fullje satisfied that, I come now as hiS Majesties Commissioner to con-' sent fuUie, uii^tq it. I am .yilUng that ,it,be, enacted horeirilthis A'ssemblie, to oblidge all his Majesties Subjects, to fiubscryve ,to, the said Covena'rit, with the ' said pijplapatlon : and 'jbecaus there is, a third thlnb| that Hvas, desired— in respect I am to sub- seryve with a declaratiourr-that I should s^tt doune the sariie iri ■fvrite and show it to the Asseni^fie., As 'a Subject, I'shall subseryve to the beclaritiori' of the,.Assen(iblie as folJowe^ :— ' ''* The Article of this Covenant wliich was at the first et/bseriptioh referred to the determinatiori of the Geiierall Assemblie, being 'npy detprmiped, and ' thei'eby the 5 Articles of Perth arid governement of the,Chprch and Bishops, the civill places and power of Churchmen, upon the reasons and grounds con- tained in 'the Acts of the Assemblie, declaired to be unTcmfuU, I subscriye according to the determina- tion of the said, free and lawfull Generall Afesem- blie." ' ';_ . .^s ,Jiis Maje^tie^ Commissioner, I shall subscrive to 'this Declaration :— " i > " Seeing t|iis As'seriably, apcording to the Ij^iid-' able forme- and ciistome heretofore keeped in the like cases, doth in aTiuriible and duetifuU way sup- pUeatito his,]V^aijS8ti6s Commissioner, and the lords of hhisiMajestieSrmost honourable iPrivieGouucell, that 1 tl^e Covenant, jjdtll the . expj(^patipii of ithis Assemblie, might be/ si^bscryved j ,^nLd, to tPSt etfept, that', fill the 'Subjects of the jjjingdome, by Act of Cpuupell, be, required to doe^the ^anie ; and tbat therein; for vindicating themselves from all suspitions . of disloyaltie, oj d^pogating from ,^10 grea^nes ^^d'.ai^ctp^^itie of our dread Soyeraigne^ have therewith added a clause^ whereby this Cove- nant is declatred ane in substance with that which w^ subseryved, l}y|his,lV[ajestie3 fathep of blessed meiriorie 1580, ISSl, 1583, and often suice renewed: 'raerefpre I, as his Alajesties Commissioner, for the lu)l s^iisfac^ion of the , Subjects, and for s.pttlipg a perfect peace in Church and Kingdome, doe^ appoi'd- iijg, Ijp, my first djecl^raj^icin and subscription, . sub- seryve to the Aci of thi^ As^emljlie of the dait the 1,7 of ' ^tljfp I instants , alloVi,and consent to, that the Covenant be subseryved tprpjighout all this King- dome. , , And ijj witnes ^yhereof I have subscriyed, thir premisses— Sm si^Js^ifar, " John Eablb of TKAftUAiK, Commissioner." 270 RECORDS OF THE [1639. Tlie Commissioners Grace his , Declaration prefixed before his Siibscripf'wii [of] the Act of ilm Assemhlie the l^th of this Instant. iSVss. 8. " I, John Earle of Traquair, his Majesties Com- missioner in this present Assemblie, doe, in His Majesties name, deolail-, that, notwithstandmg of his Majesties oune inclination, and mania other grave and weightie considerations, that such is His Majesties incomparable goodnes, that, for settleing the present distractions and giveing full satisfaction to the Subjects — doth allow, liirt as I, his Majesties Commissioner, doe consent to the forsaid Act, and hare subscryved tlie premisses— Sic mbsa-iUtur, "John Earle of Teaquaik, Gotnmissioner.''* After the reading whereof, his Grace promised that the first thing should be done in Parliament, should be the ratification of all the whole premisses and Acts- of Assemblie : at the hearing whereof, such unspeakable joy was wakened in the hearts of the whole Assemblie, that some could scairce con- tains themselves-,' bnt did expresse their incessant desires to acknowledge the God of Heaven with praises of King Charles, with his oune due acldiow- ledgement for such undeserved and unexpected favours, with clapping of their handM, and crying " God save the King T' f The Commissioner said — Let everie Christiane hearte judge' if this nation lies not great cause to pr'ay for the prosperitie of the throne of King Charles. The Moderatoiir said — It is incumbent to us having row gotten this Act of Councell and your Graces auctoritie, that we lykewise of this Assemblie, joyne our Ecclesiasticall sanction for the' subscrip- tion of the Covenant, and renew (as it becomes us) the Acts for that effect, that we may be all one. Then the roUes were called, and the whole As- sembUe most iiuanimouslie, in one voice, with liiaiy expressions of joy among hands, did agrie accord- ing to the forsaid Act dt Councell ; and the Com- missioner his Declaration, that the Covenant should be subsorived by all the subjects within this 'king- dome, imder all Ecclesiasticall censure ; and so after thanksgiving by the Moderatdtir, the Assem- blie dismissed. To meit at 4 a cloclte in the aftey- noone. Sessio Ultima. — August Pennltima — hora quaHa. After ini calling 'Upon the name of Gtod, the Mo- deratour 'said— ^Tlease your Grace: the wrong fathered books is perused, and is now to be consider- ed by the Assemblie ; alnd there is d Suppliiiation in readinesse to be presented tB'your Grace, that the samen (as a blatter that toutcheth his Majesties honour verie nearlie) may be represented to his Majestie. ■ ■ ' ■ ' ''■ • ■ ' ■ ■ ■ - ' " ■ ■ ' The Commissioner answered-^I have recfii'Ved the SuppUcation, and shall represent -the same to his Majestic.' i The Moderatour said — We cannot pasae by your Grace and the Parliament, as two steppes whereby we mind to ascend to his M^estie. The Commissibner said — I will reeeave it here, Emd he may take course toiepiesent it to this Par- * Although these seyei-al Declarations are to be foond in the Acts (Records, pp. 207 and 208), yet, as the terms of them formed the subject of future de- hates, ■we have ittserted them here, as we find them detailed in the lepoit of proceedings in-the Folio MS. liamenti •■ The Commissioner desired that the short tyme might be well spent. ' ■ • _ The Moderatour answered — We are wsliting for a Covenant, to the end your Grace may subscrive it. The Commissioner answered— I mnsttake atyme to collation what I subsoryve, and I shall doe it iii als publiet a way before the Estates in Parhament ; for he must be' tratour both to God and man that subscryves the Act which I have done alreadie, and will not subscrive the Covenant. The Moderatout desired his Grace to heare the Overtures that were to be given in to the Parha- ment, as followes -.—First, That the Acts of this Generall Assenlblie be approven and ratified^ and that all former i Acts of Parliament, ratification, &c., Qm diest. ) Ane overture, showing the necessitie of having a Commission at Edinburgh, with power from thiE Atefsemblie if neid require, and for frame- ing a humble Supplication to hisMajestie,.tothanke him for his late favoursj to hear all humble griev- ances in Kirk affaires, to represent the same to his Majestie, and reeeave his Majesties graceons answer, and report all to the next Assemblie. After much agitation betwixt the Commissioners Grace, the Earle of Eothes, Lord Lowdoun, and the Moderatour, it was condescendit upon that the Assemblie should grant the foresaid Commission to the Presbitrie of Bdin'j upon condition they meet only upon their ordinary Presbitrie day. Tlie humble Supplication of our countrymen who travell in the neighbour kingdomes, prest with ane unlawfuU oath, eontrare to our Covenant sub- scryved be them, to be exeemed from the said oath, being willing to sweare the oath of alleadgeance, or to give any other declaration of their loyaltie to his Majestie which is compatible with our Confession and Covenant — recommended most humblie and earnestlie to the Parliament. [^ Mr Patrick Lindsey, his Supplication being read at the Commissioners desire, grants a conference to him, and referres the proces to the judge com- petent. The Moderatour desired, that since the Assembhe had gotten the Commissioners auctoritie for snb- sOryving of the Covenant with ane Act of Councell enjoying the same, that they might adde their Ec- clesiastical sanction thereunto ; wheretb the EoUes being called, the whole Assemblie unanimonslie agried that ane Act should be framed to that eflteot ; the tennour whereof foUoweth. [Vide p. 208 of these Records.] ' Th& Moderatour asked if any man kfiew of any matter to be proponed before the closm-e of the Assemblie. It was answered there was no more to be done biit the tyme and'place of the next G«nerall Assemblie to be condescended upon. The Assemblie, with consent of the Commis- sioners Grace, fand it expedient that the next Generall Assemblie should silt 'at Aberdeene, the last Tuyaday of Jiilii, [1640.] 37ie Modei-dtour /lis Imt Speach before tlie closure of Thik'is the day which 'the Lord hath made'; let us rejoyoe f^d be glad in ft i a glad day'it is which we long looked for, and we are the most oblidgedna^ tida to our QoA and our King under the ooppe of Heaven % and therefore our Lord onght hi^ie to hfr' praised, and our King heartilie acknoWledgit. First, our LoTd ' ought:! to be praised, becaus in trueth he hath- wrought wonders in our sight ; tot he' hatJi declair^ exceedinglie his anerda and his 1639.] KIRK OF SCOTLAND. 271 justice to Scotland. First, he hath declaired his justice ; first, upon us Ministers ; secondlie> upon yow of the State ; thirdlie, upon our adversaries the Prelatg. First upon us of the Ministrie, We studied not to be spiritual in our doctrine, and thought matters but small at the beginning, and therefore 4he Lord suffered men to make slaves of some of us, and tyrannize over the conscience of uthers. Secondlie, upon yow of the State. Ye lookedthroughyour fingers when Prelats were creep- ing up and miskend tlie matter, and the Lord suf- fered them to ryde over your ueoks : And never did any, (not a King excepted,) exalt a Minister above his station, but that Mimster exalted Popedome over his bollie that exalted him. Thirdlie, justice upon our stdversaries the Prelats. They woidd not be content of the title of Ministers but of Lords, and he hath taken both from them, and powred shame upon them withall. Thus hath the Lord manifested his justice, but in such a way that he hath also manii'ested his mercie iu a wonderfull maner ; first to our ministers, 2"" to the Kings Ma- jestie, 3"° to the State. r First, he hath not given our souls over to death and delusion, nor suffered us to goe utterlie to de- fection, but lies in the midst brocken off all their plotts, who thought to , have, caused everie mans purse hght in their lapp, and showen furth hisjustice on them. Secondlie, He hath manifested mercie to the King iu keeping him from shedding innocent blood, which is no grijefe.to his Majestie this day ; and this the Lord hath convayed. in such a way as is wonderf uU to Scotland, in blessing weake meanes, so as he would not have humane power soene ; for there was never a steppe of our bussines but we were still put to a uoneplus what to doei Next, and when we knew not what to doe, then did the Lord come and paynt out the way, before us, and did so leappie out our blessings to us, that whenever we got a little hope we gott feares upon the back upon it, to keipe us from being wantoun, and did so cogg the running of our wheeles that he made a considerable pairt of the Lords of Couucell to stand aloofe fcom our bussines, whiwi tempered all thinges in Gods providence (whatever men inteudit) that it tendit ail to our good. Thirdlie, He has manifested such great, mercie and love to our State, asj when we marke the passages of it, it is wonderfuU to sie a State troubled soloBg,-and in alegall manner settled againe ; a great wonder to :Sie, such coiumotioua atfid so few ill, frnites following, ;upon, it ; a great .wonder to sie Scottsmen going through-other, and in such a sturre for the'spaee of two years, and a peaeeable conchision. There is a wonder to sie Prelats bigg their nest up in Heaven, and call themselves the trimapbfint Kirk, awdthe Lord bringing them doune lower than the dust, , There is a great wonder after many tumults and Assemblies, such a;.peaoeable Assemblie as this ; which is more to heare Prelats sjvying that King Charles should not brooke hia crowue except they stood,i and that it should fall with them, and yet to see King Charles brooke his crownc, and.they to fall — a great, wonder ! _, ^^ ^ Now since the Lord hath done so, iet his great name be exalted. Let all of us lay our hands on our mouths, for the Lord hath done it. He Was prowocked tea thousand tymes to cutt the warhe in the midBt) and yet lies beine pleased to dtawiit to this great lanth ; therefore love the Son of God who hes taine power and glorie to liimselfe, fiittia downe on his throjie, and purged his house ; so that, now there is no ordinances in this Kirk that we ken of but Chsists. , All we ministers are only servanda, bound to give, our acsomptof all that wedoej and to show our letters from our M.iater, or else speire ye at us — Wherefore bidd ye us do that ? Where is your Commission ?. For we have no power but as a messenger of armes, who must ay show his warrand. Would to God we knew our Masters bewtie, and the glorie of the Sone of God ! Then would we all be affected, with greater measure of love to him then we luive beine, and will goe about his fiocke, and bestirre ourselves more carefuUie for their behoove then wo liave done. And any of us th^t gives ourselves cut for Christs servands who gets mea,t and fie from him, .deolair it to the world by feeding of his fiocke. . Now for the Kings Majestic : let us leave flatterie, and speake solide and soi't words, such as beseemes a grave As^ejnblie ; And, for this . end, I will pro- pone three things concerning the Kings Majestic, which doth enforce a favourable construction of his Majestic by us. Aue is his Majesties educa- tion. Had any of yow beine brought up as his Majestic, and never scene any uther thing, I trow ye should have.stucken as hard by that cause as he. A second is the .information of these tliat his Majes- tic trusted .much into ; for there is not a Prince in the world more accessible, nor giveth more in trust to, these that he receaves in kyndnes and favour, \vhioh is a propertie of a verie good Prince. Now, when Bishops were Counsellors, , of whom should his Majestie take counsell but of Churchmen and Couusellours both ? SeAondUe, consider this : Kings cannot, understand all things in a Kingdome. They must trust some, and whom (thought he) should he trust but these that was most oblidged to him, had their being of hira, and iwere created for that end ? And yet, of all men in the; world, they did him worst service. , , The third is this — ^the manner of the Kings pro- ceedingp toward this land. His proceedings hes never beene as ?.n enemie, but to try us and put us to proofe wh^t we were seeking. When we did sup- plicat, he gart blow the trumpet, and discharge, us all. off the tonne, to; try if we would ceasse there; gart discharge us from all the judgment. seats i and when we proceedit on, he thought he would essay us with our lyves ; and so his Majestie came not iu armes to destroy but to try us. Why ? As soone as.hehad,.tryed us, and found that we were seeking nothing but religion, and were loyall in our hearts to him, presentlie his Majestie folded and Jayd doune armes. This I speake, that ye may wiselie prye in the matters of princes, and neither thinke, speake, nor write utherwayes then becomes yow, aud not only temper your tongues in speaking of him, but love your Prince yourselfe, and procure all that yow can, love and obedience towards him of others. And trewUe, whoever knew him de- scribed, they would thinke him verie love-worthie. First, he is the most, gentle-natured Prince ; se- CQndUe, the least suspitious ; thirdlie, a Priuce more readieto forgive faults when they are acknowledged ; fourthlie, the most loath to take misinformation when it is given,, then any Prince in the world ; fifthlie, and which is ane odd thing, he hath not a fape against reason. Bring reason to him and - he win yield j and if these be not ^oynta sof a loveUe Prince, judge ye. Sixthlie, and which is most of all, that he hes quate his aune incUuatieid and edu- cation, and said to his Commissioner and this As- semblie, " Goe yee and doe as y_ee find Gods Word and the Con^^iftil^pni^, of this Khk wa^rands yow: goe your way : serve God according to his Word ; and whatever yow .conclude according to tha,t rule, I shall authorize it," Seventhlie, there is no Prince in the world so cleare of infirmitieaaalie. These 272 RECORDS OF THE [1640. things being well considered, and withall, his Ma- jestie being farr from us, and considering in what danger Princes are in — subject to als many tenta- tions as tries that are on a hill head, obnoxious to divers blasts and winde — and have need to be sup- ported by the prayers of their people. These thinges, I say, being well considered, wiU make all men construct favourable of his Majestic ; and if we will rander that duetie of humble thaukes and heartie prayers, who knowes but he shall be the most comfortable instrument for advancement of religion in the whole world ; and this, little distance that hes beine, may end in the sweetest reconcilia- tion that ever was seene betweene a King and a People ? And becaus we would give a right con- struction to all under his Majestie who have pro- cured our good, I will ranke all these that ran not in the same course with us, to seeke the peace of the Kirk, in three rankes : First, some followed the Prelats, and being affected with Poperie, they knew no better hyding place then under the Prelats mantle. A second sort, that followed the erring judgement of the misinformed conscience ; and these ought to be pittied of all that knowes them. A third sort are tliose who walked in a State way ; and it is not the day nor yesterday that they have merite of us a favourable construction. It was evi- dent they loved both the King and the State ; for they divided themselves to have gained peace. When themselves were with the King, their soules were with us ; and my Lords of Councell who have stayed with us at this tyme and countenanced our proceedings, ought also to have their aune thankes. And for your Grace, we thinke a large scoare is due to yow ; for if God had not put your Grace upon this Act, there had beene many hai'd thoughts of yow, for we thought yow still over farr inclyning to the other syde of it. But its Gods mereie to yow, and count it no small favour, that yow are made the instrument to croune this worke in a maner. Lay it up in your heart and in your charter-kist as a most speciall obligation, to make yow imploy your excellent witt and all that yow have, for Christ, who lettis none that does fear him want their re- ward. And we will not forget the Marqueis of Hamilton, who, according to report, hes loved our peace. Howsoever, he was ance in a passage, that if he had come any further, he might have haaarded soul and bodie both : Yet we will give him a favourable construction. Now, there rests a word to every ane of yow. Commissioners and Members of the Court of our Lord Jesus Christ ; for I compt this ane of the chiefest courts that Christ holds on earth. Elders, sett your hearts to assist the worke of the minis- trie ; for ye are officers to oversee the maners of everie ane within the Kirk, that they miscarie not, and to take notice what fruites of the Gospell are brought foorth. Ministers, be faithfuU to your Master ; and, above all tliinges, love ane another. Stry ve not ane with another ; neither insult over those that have beine of a discrepant judgment from us, anent the matter of ceremonies and the governe- ment of the Church ; but let us make a perpetuall act of oblivion in all our memories of such thinges. Let us be glad together. Let us lay aside all dis- putes that have taken up much tyme which mig^t have beine better spent; but we were necessitat unto it for clearing of ourselves and of our cause. And if thus ministers will doe, I will speake prophe- sie to yow : It shall come to passe that if yow will keepe yourselves at your booke and your chamber and studie, to be powerfull and spirituall in doctrine, ye shall have more credite nor if ye ran to Court ten thousand tymes. Your paroches shall travel! to Edin' to plead for your stipend, whereas before they let you goe yourselves. Therefore wait upon your calling, and your Lord and Master shall have a care of yow. Let us be instant with our Lord to get his Spirit powred out upon us; for the word without the Spirit is but like a tinckling cymbal]. To him who will doe this,'and who hes wrought, and will worke all our workes for us, be praise ! And so, after prayer by the Moderatour, and singing the 23 Psalme, and saying the blessing, the AssembUe depairted,- joyfullie and glad for all the wonders that God had done for this Church and Land. GENERAL ASSEMBLY, AT ABERDEEN, 1640. After perusiiig the Reports which we have given of the proceedings in the Assemblies of 1638 and 1 639, and the several relative documents therewith connected, our readers, we are convinced, will agree with us, that the mere Acts, as they are technically termed, of these and similar Assemblies, convey but a faint and feeble impression of the real cha- racter of those Conventions. They are but the dry bones, as it were, of our Ecclesiastical Con- stitutions. It is in the circumstances attendant oa their enactment ; the causes in which they origi- nated ; the muniments of the period, (sometimes public and freciuently long concealed) ; tlie reason- ings of the antagonist parties, and incidental out- breaks of individual feeling ; and, more especially, in the dramatic movements of debate in popular assemblages — that we catch the true spirit by which the more formal enactments are re-awakened in the present age, and presented to the eye and the mind of a modern student with all the vividness and force of scenes passing daily around us. We have now reached the Acts of the Assembly 1640 ; but, ere we proceed to that very limited por- tion of our undertaking, we must be permitted to take a review of the more prominent features of the Assembly in 1639, and of the events which intervened betwixt that and the subsequent meet- ing in 1640. It will be recollected that, by the Treaty of 18th June 1639, it was stipulated that all matters ««*•- siastical were agreed to be settled in a General Assembly, and matters citil in the Parliament and inferior judicatories established by law. Unhap- pily for the King and the Covenanters, this vague and general basis was soon found to be too narrow to bear the superstructure which each party intended to rear on it ; and ere the parties had retired to their several homes, the seeds of future collision were sown. No clear and precise line of distinc- 164.0.3 KIRK OF SCOTLAND. 273 tion was drawn in the treaty, betwixt what was to be deemed ecclesiastical and ^}fap ciyil ; and in his warrant for the proclamation by which the Assem- bly and Parliament of 1639 were indicted, the King, on the 29th of June, directed that all " Arch- bishops, Bishops, arid Commissioners of Barks," among others, entitled to place and voice therein, should attend, as Menjhers, of t^w, Assembly, on the 1 2th of August following. This, in the estimation of the Covenanters, was tantamount to a departure from the spirit of the treaty, in which nothing was said in plain terms as to the constituent Members of that Assembly. The Covenanters could not, as the King well knew, recognise Archbishops and Bishops as legitimate Members of a General Assembly of the Kirk of Scotland — ^the intrusion of them into the Church being all along stated as their chief and leading grievance fqr tlie renjoval of which, and the oppresr sions flience'resulting, they had taten nparms. Oif this the King and his -Cqunsellors, were fully aware — and therefore his proclamatioh was truly the signal for a renewal of the "a:gitations which had ostensibly, been quelled.. ...K; was literally, peeping his word of promise tOjtlje ear, but , breaking it to the hopes- of,. his [Ppqttish subjects ;.^nd, accordi ingly, no sooner was the proclamation issued, than it \vaB,,fpllojyed,by.the usual floofj, of .prptestatioijs . and. manifestoes ; oa /eM-. h^nds. ] ,No, dwbt. Episco- pacy wasstillthe unrapeals^/ '^^ of j^jsptl^nd, and ; the> parties, by mutual consent, Ijadjagf eed to. wave all pdiacnssipn ,as to the.A^spmJaly of ,1658; yet, if. the King, honestly intended ,tq,(lejiy9, Q}iur(^,mat- ters,proper,,t9)the,decisiofliof.^new General Assem- bly, to, he.aftersBiiijd^coffBiclqred and r%ti6ed,iin Par- liament, he was hound to harve infprBieA^hft Cove- nanter?, explicitly, , that tJie, Assembly i'i.j-i Li ■ ' .Althwgh ittoe ilatemti ipuopfe of CharWs, duplicity were not- known.to: the Coivenanters, they.found in , th^prwlaroatiwiiaud other «r?ui4¥(i?,ijoes, si^f^cient . reasoa fqr disteflst^ ; ^ndlthw? 1 paat experie we, hgth, , of .thq.King and bia.advisersj ,was suffipientito rom?,, their suppicionsi , iThflW . vigilancg ,and ,pr?g?J3.tip W, , cqnJlioueiJi pBTS^iimd ;i »pd 6q,fqrmi4*We wa^ tte, tonpiof puhlWifeeling.ili Scotland,, during the.Jiir^ef, spaoiB ,which, staps^d .lietwixt the.^^te, of ^ treaty and, tie I meeting In this particular, therefore, it appears the Cove- nanters were clearly to blame, independently alto- gether of the unsound nature of the proceedings of the Commissions, and the venial accusations against many of the deposed Ministers, many of whom were constrained, by operating on their fears and other grovelling feelings, to acquiesce in decisions which they could not resist, and to profess submis- sion, when in their hearts and consciences they could not be supposed, honestly, to yield it. It is impossible to read the details about some scores of these poor men, without pain and reprobation ; and the vindictive spirit in which they were treated ought to be a warning, in all future times, against a rash submission to high pretensions in popular ecclesiastical courts. Many were deposed on very questionable grounds, and others were left for the administration of what was called " mercy," on condition of renouncing all their previous convic- tions and professions, and their sense of allegiance to the monarch and statute law of the land. That some were unworthy may be admitted ; but trial in their absence, upon nice points of metaphysical the- ology, and by means of evidence of very question- able credibility, is, to say the least of it, a character- istic of the Assembly of 1639, which reflects but little credit on its charity or its justice. We must be permitted further to remark, that the soreness and ferocity which were indicated by that Assembly in reference to the " Large Decla- ration,'" or Manifesto, afford but slender proofs of magnanimity or conscious rectitude. That work was known to be the production of Balcanquel ; and, after a minute examination of it, an elaborate report on its mis-statements was read, when the following colloquy took place.* " The Moderatour desired some of the brethren to give their judgment of the said Booke. " Mr Andro Cant said — It is [so] full of grosse absurdities, that I thinke hanging of the author should prevent all other censures. " The Moderatour answered — That punishment is not in the hands of Kirkmen. " The Shireff of Teviotdaill [Douglas of Ca- rers], being asked his judgment, said — Ye were ofiendit with a churchraans hard sentence alreadie ; but, truelie, I could execute that sentence with all my heart, becaus it is more propper to me, and I am better acquainted with hanging. " My Lord Kirkcudbright said — It is a great pittie that many honest men in Christendome, for writing little bookes called pamphlets, should want eares ; and false knaves, for writing such volumes, should brooke heads." ~ These " random ebullitions" require no commen- tary : but in such manifestations of character we discover that spirit of fanatical intolerance, which at no distant period, involved the two British kinc- doms in all the horrors of civil war — consigned their Sovereign to the block— rent the Church of • Vide Report, p. 268. Scotland into two ferocious factions, and finally sub- jected it to contumely and extinction at the hands of a canting usurper. There is another point in these proceedings which must ever excite regret and reprehension — we mean that act by which they sought and obtained the Commissioner's sanction, and that of the Privy Council, to a compulsory subscription to the Covenant. " This ordinance," says Dr Cook, in his History of the Church of Scotland,* " so popular throughout the kingdom, was, in fact, an engine of severe persecution. It required, by authority, from all ranks of men, and particularly from those whose opinions were suspected, sub- scription to a number of propositions, about which multitudes must have been totally ignorant, and to maxims respecting ecclesiastical polity, which it is impossible to suppose were not condemned by numbers, who, having for many years lived in communion with an Episcopal Church, could not be persuaded that such a Church was unlawful. So long as signing the Covenant was a voluntary ex- pression of attachment to a particular cause, much might have been said in its justification. But now, when it was required by an Act of Council and the Church, which it was dangerous to disobey — now that it could be forced by the zealots of a sect upon all whom they chose to harass — it must be abhorred as occasioning, to the conscientious part of the com- munity, much wretchedness, and as calculated to diffuse that relaxation of principle which is the bitter fruit of every deviation from the tolerant spirit of pure religion." Concurring as we do most cordially in these just and enlightened views, we need only add, that no man will defend this blot in the escutcheon of the Covenanters, who would not, if he had the power, imitate their example. Before finally taking leave of the Assembly of 1639, we cannot overlook the fact, that, in all the proceedings, either in it or in that of the preceding year, or in the voluminous details of grievances of which they complained, we can find no trace what- ever of lay patronage being regarded or even men- tioned as one of the number. It is equally remark- able, too, that both Henderson and Dickson repeat- edly state the doctrine of the lawfulness of civil in- terference in matters ecclesiastical ; and that the no- tions wliich, at a subsequent period, sprung up and distracted and divided the Church, as to the anti- scriptural nature of lay patronage, and about the independence and inherent power of an estahlisJted Church, (established too on certain precise and de- finite terms), do not appear at that time to have been either agitated or even mooted. We merely note the circumstance as an historical fact, without at all entering on a controversy in the matter. But certainly the eager desire, manifested incessantly, for aratification of the ecclesiastical constitutions by the civil authority, emphatically implied, that, without * Vol. ii, p. SOI. 276 RECORDS OF THE [1C40. such sanction, these applicants did not regard their own Acts as sufficient to clothe them with com- plete authority. The day after the Assembly dissolved, being the 30th of August 1639, the Parliament — which had been prorogued, from time to time, to the 31st of that month — convened, and was opened with all the state of the ancient " Eyding of Parliament." A prelimi- nary difficulty, however, occurred to its constitution, in consequence of the absence of the Prelates, who, by the subsisting laws and usages of Parliament, formed a component part of it. Prelacy had been abolished by an Act of Assembly, but that was not yet ratified by Pai-liament ; and, in order to supply the place of the Bishops as one of the Estates, it was agreed that, for the present, the Commissioner should, in their stead, select eight of the Nobles to be among the Lords of the Articles ; being a com- mittee to digest all business for the consideration, and adoption, or rejection of the whole house. The Earl of Argyle entered a protestation that the present mode of choosing the Lords of the Articles should be no precedent for the future ; and inti- mated in it an innovation on the future constitution of Parliament, by introducing a different mode of naming the Lords of the Articles from that which had heretofore obtained. — namely, by excluding the nomination of the Crown or its Commissioner, and giving to the Lords, Barons, and Burgesses the nomination from their several bodies. This initial difficulty being overcome, the Commissioner, on the 6th of September, signed the Covenant — not as Com- missioner, but as Treasurer ; and on the same day a Bill for the ratification of the Act of Assembly 17th August, anent the bygone evils of the Church, and the Supplication against. Dr Balcanque), were passed in the Articles ; while a Petition, presented by the Commissioner, in favour of the ousted Mini- sters, was refused ; and a Bill for rescinding the Acts in favour of Episcopacy was handed to the Lord Advocate, to be revised : and all this passed amidst a profusion of protestations, which it is un- necessary to notice. On the 11th of September, there was a warm debate on the proposal to bring down the vengeance of Parhament on Balcanquel and his " Large De- claration," in which Traquair resisted it as offen- sive to the King, while Argyle and Eothes sup- ported the vindictive Petition from the Assembly ; but the Acts as to the constitution of Parliament, &c., made some advance ; and Baillie, in a letter dated October 12, gives a fvery striking picture of the condition to which the contending parties had reduced themselves. " The affairs of our Parlia- ment," (says he, vol. i., p. 188,) " goes but this and that way, if we look to men ; our estate is but yet wavering up and down in the scales of a very dubious event. Our main Acts are but scarce past the Articles. The Commissioner either threatens to rise, or to protest in the day of the riding, or to make declarations equivalent to protestations, or to deny the sceptre to our most substantial desires. To preveen this, we have been content to sit still, half-idle, thrice so long time as ever any Parliament in our land did continue, waiting till posts upon posts, running up and down, for carrying to us the Kings pleasure. It seems our enemies credit is not yet extmguished at Court. The Castle of Edin- burgh is daily made stronger. From London, the other week, arrived at Dumbarton a great ship, with cannon and other munition, with an English captain, and divers English soldiers. Division is much laboured for in all our estate. They speak of too great prevailing with our Nobles. Hume evi- dently fallen off ; Montrose not unlike to be ensnared with the fair promises of advancement ; Marisehal, Sutherland, and others, somewhat doubted ; She- riff of Teviotdale, and some of the Barons, inclin- ing the Court-way. Divisions^ betwixt the mer- chants and Cr.afts of Edinburgh ; and so, by conse- quence, of all the Burghs in Scotland, carefully fostered by our Commissioner ; our prime Clergy like to fall foul upon the question of our new pri- vate meetings." In this state of distraction and doubt, matters continued — the views and sentiments' of the King having been sufficiently indicated in his letters to Traquair, whose policy was, of course, guided by his Master's orders. On the 24th of September, an Act for rescinding all the Acts in favour of Epis- copacy was voted and passed in the Articles, under a protestation by the Commissioner against that or any others prejudicial to his Majesty's authority ; and the Act as to the constitution of the Parlia- ment was also passed. While matters were thus agitated and protracted, the Parliament was con- tinned on the 24th October till the 14th of Novem- ber, when the Lord Advocate presented a royal warrant for proroguing it till the 2d of June 1640, the Covenanters entering their protestation.* Thus the King baffled all the hopes of the Covenanting party, of obtaining a ratification of their favourite ecclesiastical decrees — a result attributable, no doubt, in a great measure, to the extreme violence of some of their propositions, of which the King availed himself by stating, as the ground of adjournment, that various things had been propounded which trenched on his civil authority and government.+ This step could not fail to startle and exasperate the Covenanters, more especially as their deputies, (the Earl of Dunfermline and Lord Loudon,) who had been sent off to Court after the prorogation on 14th November, had been dismissed contemptu- ously, without ever being admitted to an audience of the King. When the King sent orders for the prorogation, which took place of that date, he also ordered Traquair up to London, to give an account personally of all the recent proceedings in Scotland. He was coldly received, in consequence of the con- cessions he had made, and his signing the Covenant. * Rnshworth, vol. iii., p. 955. + Acts of Parliament, vol. iv., p. 285, 286. (Mr Thomson's edition.) 1640.] KIRK OF SCOTLAND. 277 He was accused by the Covenanters of inciting the King to a new war, and is alleged, to have made his peace by doing so ; but, althougbi this is stated by Burnet and others, we have never seen any evi- dence to substantiate the charge ; and it is more probable that his best (as in truth it was his only) apology for the part he had acted, was, that he had no alternative but to yield to the dominant party, both in the Assembly and Scottish Parliament, or at once commit the King in open hostility with his northern subjects. Indeed, it seems utterly im- possible that he, or any man, could have obeyed his instructions without at the same time outraging the whole policy and passions of the Covenanters, and precipitatiiig another open revolt, before the King could have made any preparations to encoun- ter its force. He had, however, obtained posses- sion of a letter from the leaders of the Covenant, . addressed to the King of France, soliciting protec- tion and assistance — a document which, it appeared afterwards, had never been sent or perfected ; and this document, as in duty bound, he produced to his Sovereign, as a proof of the treasonable purposes of the Covenanters. It is quite possible that, with such apparently good evidence in his possession, he might have represented to the King that nothing but force would curb the ambitious views of the Cove- nanting Nobles and Barons ; but, in so doing, had it even been so, we cannot discover any rational ground for the inveterate hostility subsequently shewn to Traquair and Hamilton as incenditm'ies ; for, whether the letter was or was not sent, it evinced the treasonable purpose which was cherished, of soliciting the assistance of a foreign potentate, for the accomplishment of their purposes; and both Tra- quair and Hamilton were bound, as loyal subjects, to make the fact known to the King, and to give him such aldvice as their opportunities of observation enabled them to afford. Be this as it may, however, the Covenanters trans- mitted another petition to the King, liy a person named Cuningham, requesting permission to send some of their number to Court to vindicate their proceedings. This the King granted, and Loudon aud Dunfermline were again dispatched, on the 31st of January, for this purpose. On the 2d of March, (1640,) these Deputies got notice that the King would receive them next day in the Council Cham- ber ; and, on that occasion, Loudon made an elabo- rate exposition of all the Scottish grievances, which, with the King's counter Declaration, are too long for insertion in this work ; but the curious reader will find them both embodied in Eushworth's Col- lections.* Several other audiences were given, at the last of which (18th March) the King and Council declared that the Deputies had no suiBcient authority to demand a ratificationofthe Actsof the preceding Assembly. On the Uth of April a war- rant was given to Adams, one of the Sheriffs of * Rush. vol. iii. p. 992, 1016, et sequen. Vide also Franklyn, p. 796, et sequen ; Clarendon, and others. London, to take Loudon into custody ; and he was subsequently committed to the Tower, on a charge of high treason, for his participation in the letter above alluded to ; and he was not liberated thence till the 27th of June following, upon certain condi- tions which were not very creditable to either of the parties.* Of this transaction, there can, we think, be but one opinion among all honourable men. Whatever might be Loudon's demerits as regarded the letter to the King of France, he went to England under the guarantee of a Royal protection ; and he was not amenable to any tribunal in England, as a Scottish subject, for an imputed ofience committed in Scot- land. He pleaded this, and the acts of pacification and indemnity which had followed. It appeared, too, that the act of treason had never been con- summated by transmission of the letter; and he offered himself for trial in Scotland. The King was saved the infamy of carrying his original purpose into execution by a trial in England, in consequence of the interposition of Hamilton, who represented the serious consequences which would ensue. But we must now turn to the movements in Scotland subsequently to the prorogation of its Parliament in November preceding. The finances of the King having been exhausted by the useless parade on the Borders during the preceding summer, and a renewal of the war having been resolved on by his Majesty and " The Junto," as it was termed, in whose advice he confided, (Canterbury, Strafford, Hamilton, aud Morton,) Charles was constrained to have recourse to a Par- liament in England. This was reluctantly adopted, as the only means by which the sinews of war could be provided — and was the first that had been called by the King during the space of twelve years, in the course of which he had managed to carry on a perilous .system of government, by levying taxes in virtue of the prerogative, and other devices, which ultimately led to his ruiu. A Parliament having been summoned in England, and the warlike pur- poses of the King having speedily been manifested, these things could not long escape the vigilance of the Scottish leaders ; and a meeting of the Nobles, Gentry, and Ministers was summoned at Edinburgh on the loth of March ; when, with their wonted energy, they resolved to levy an army, to fortify all the strengths of which they could obtain possession, and to raise the requisite funds for the purpose, both by volnntarj- contributions and taxes; and such was the enthusiasm of the people, that plate, jewels, and whatever wealth a poor country could supply, were cheerfully poured into the coffers of the insur- gents. The banner of " The Covenant" was once more unfurled, and the pulpits of the clergy again resounded with ardent exhortations to rally round it. Meanwhile, the proceedings in England tended materially to promote the views of the Scottish leaders. Before the Parliament was assembled, * Vide Burnet's Memoirs, p. 169, et sequen. 278 RECORDS OF THE [1640. the discontents of the English — which were mightily strengthened by the success of the Scottish insur- rection of the previous summer — had attained a pitch of consistency and force, which was extremely favourable to their northern neighbours, who were further encouraged by a forged promise of support, apparently by some of the most influential English nobility. And the issue of the first Session of the English Parliament contributed powerfully to pro- mote the cause of insurrection in Scotland — the discontents and movements in both kingdoms naturally acting and reacting on each other as incentives to resistance to the " kingly way" of government, which Charles endeavoured, so un- fortunately for himself and his country, to carry on. The King had urgently pleaded for supplies from his English subjects to carry on the war against the Scotch, whom he represented as bent on the utter subversion of the monarchy. But the English House of Commons would not grant any supplies without a previous redress of their own grievances ; and, finding them inflexible on this point, he had again recourse to his former practice of dissolving the Parliament, on the 13th of April. The embarrassments of Charles, in consequence of this sturdy refusal of his English subjects to sup- port him, were infinite ; and, resorting to all his accustomed modes of raising men and money for the impending war, these were only aggravated by the means which he adopted to supply the want of subsidies. His army had been completely dislocated and disbanded ; and many who had joined his standard the previous year, were now marshalled in the ranks of opposition ; while the general dissatis- faction of the country, rendered all his exertions, and the voluntarycontributions of thosewho still adhered to and supported him, altogether inadequate to the exigency of his affairs. The Scottish leaders, when they dissolved their army in June 1639, had taken the precaution to secure the future services of the veteran officers whom they had employed on that occasion, should those services be required ; and the troops, though dispersed in their several localities, were warned to be in readiness for another muster, perhaps at no remote period. When the tocsin was again sounded, therefore, the Scottish army was speedily re-oro'aji- ized under their old commander, Leslie ; and it was already re-established in a condition fit for action, while the King was struggling hopelessly with his financial difficulties and the discontents of his English subjects. The 2d of June, to which the Scottish Parlia- ment had been prorogued, at length arrived ; and although another comroission for a further proro- gation to July was sent down, some technical diffi- culty in communicating it to the States, furnished a reason for this not being done ; and they readily availed themselves of what was really a quibble, to disregard the commission for adjournment, and de- clared themselves a lawful Parliament, in which they proceeded to enact into laws, all the Bills which had been introduced previous to the former prorogation. Euthven, who commanded in Edinburgh Castle, and refused to surrender it, was forfeited, and. a great Committee of Estates named, with sovereign authority to direct all matters civil and military. That Committee, as usual, opened diplomatic com- munications with the King through Lord Lanerick, the new Secretary for Scotland, to which it is needless to refer particularly, as these communica^ tions are given among the annexed documents ; and, in short, the people of Scotland once more stood in aii.attitude of open hostility to their King. While matters were in this position, and amidst general preparations for war, the 28th of July arrived, being the time appointed for the meeting of the General Assembly at Aberdeen. No Commis- sioner was appointed by the King ; but, after waiting one day for a Commissioner, (should one have been named,) they proceeded, according to their own views of "- the liberties of the Kirk,'* to business ; but did nothing that is worthy of remark at present. And here we pause in our introductory narrative, to be prosecuted with more spirit-stirriug matter, when we reach the date at which it may be suitably re- sumed, postponing some of the earlier military operations, till we give them all in connection. We shall, therefore, only further note that, pre- viously to this meeting of Assembly, the seeds of disunion were sown in the Church by a miserable controversy among the Covenanters themselves, about private meetings for devotional purposes, which some of the leading men in the Church coun- tenanced aud others reprobated — a schism which was agitated at the Aberdeen Assembly, and at a future period increased, till the Presbyterian Church was divided into two furious factions, denouncing, excommunicating, and persecuting each other. For the nature and particulars of this schism, we refer to Baillie, in which these are given with his charac- teristic naivete aud frankness. " THE PRINCIPALL ACTS OP THE GENERALL ASSEMBLY CONVKENEn AT ABER- nENE, JULY 28, 1640. Sess. IL 29. July 1640. The Assembly having past the first day before they would make any Act in attending of His Ma- jesties Commissioner. This day the Moderator openly asked, in face of the Assembly, if there was any Commissioner come from His Majestie : And finding there was none, the Assembly proceeded according to their Liberties. Overtures given in by the Committee apprnfiUd by the last Assembly ancnt the ordering of the Assembly- house : Which being read in audience of the Assem- bly, they approved the same. !• npHE Assemblyfinds it expedient for theordering i of the House in all time coming, that the Commissioners sit together unmixt, and that the * Tide Documents. 1640.] KIRK OF SCOTLAND. 279 places where they sit be railed about, or some other way divided from the seats of others, and that places be providedwithout the bounds of the Commissioners seats to persons of respect, who are not Commis- sioners, and others according to their qualities, as the Magistrates of the Town shall find most con- venient. II. Also that the Commissioners, having received tickets from the Magistrates of the Burgh, at the delivery of their Commissions, wherby they may have ready, accesse to the Assemblie-House and place appointed for them, do keep the hour of meet- ing precisely, and whosoever comes after the time, or shaU be found absent at the calling of the Rols, to be censured as the Assemblie sees fitting : And whatsoever Presbyterie, Burgh, or Universitie, shall not send Commissioners, or Commissioners sent from them doe not come at all to the Assembly, be summond unto the next Assembly, and censured as the Assembly shall find reasonable. III. That foure persons of respect have warrant from the Assembly to injoyne that there be no standing, no din, nor disorderly behaviour : And if any shall disobey them, or direct his speech to any, except to the Moderator, and that one at once with leave first asked and given, to be rebuked publikely by the Moderator : and if he desist not, be removed out of the Assembly for that Session. IIII. That no motion come in unto the Assembly but by the Committee appointed for matters of that nature ; and if the Committee refuse to answer the same, let it be proponed to the Assembly with the reasons thereof. V. That the minutes of ilk Session be read before their rising, and if the matter concerne the whole Kirk, let it be drawn up in forme and read in the begining of the next ensuing Session, that the As- sembly may judge «hether or not it bee according to their minde. Act anent the demolishing of Idolatrous Momiments. FORASMUCH as the Assembly is informed, that in divers places of this Kingdome, and specially in the North parts of the same, many Idolatrous Monuments, erected and made for Re- ligious worship, are yet extant— Such as Crucifixes, Images of Christ, Mary, and Saints departed — or- daines the saids monuments to be taken down, demolished, and destroyed, and that with all con- venient diligence : and that the care of this work shall be incumbent to the Presbyteries and Pro- vinciall Assemblies within this Kingdome, and their Commissioners to report their diligence herein to the next Generall Assembly. Act agmnst Witches and Cha/i-mers. THE Assembly ordaines all Ministers within the Kingdome, carefully to take notice of Char- mers, Witches, and all suoh abusers of the people, and to urge the Acts of Parliament, to be execute against them : and that the Commissioners from the Assembly to the Parliament shall recommend to the said supreme judicatory, the care of the exe- cution of the Lawes against such persons in the most behoovefxill way. Sess. V. Aug. 1, 1640. Ad for Censwrmg Speakers against the Covenant. THE Assembly ordaines, that such as have sub- scribed the Covenant and speakes against the sam^e, if he be a Minister, shall be deprived ; and if he continue so, being deprived, shall be excom- municate ! and if he be any other man, shall be dealt with as perjured, and satisfie publikely for his perjury. Sess. X. 5 Aug. 1640. Act against Enpectants refusing to Subscribe the THE Assembly ordaines, that if any Expectant shall refuse to subscribe the Covenant, he shall be declared uncapable of a Pedagogie, teaching of a School, reading at a Kirk, preaching within a Presbyterie, and shall not have libertie of residing within a Burgh, Universitie, or CoUedge : and if they continue obstinate, to be processed. THE Generall Assembly appoints the next As- sembly to be in S. Andrews, the thiid Tues- day of July 1641. And that the Moderator in a convenient way, by the Secret Councell, or other- wise as may best serve, request the Kings Majes- tic to send his Commissioner to the said Assembly. And if any exigent fall out, that the Presbyterie of Edinburgh give advertisement for an Assembly pro re nata. Index of the Peincipall Acts oftJie Assembly at Aberdene, 1640. Not printed. 1 Election of M. Andr. Ramsay Moderator. 2 Act against profaning of the Sabbath. 3. — Act anent Charmers. 4. — Act renewing a former Act made against Priors and Abbots. 5. — Commission for attending the Parliament. 6. — Commission anent the Province of Rosse. 7. — Commis. anent the Presbytery of Kirkwall. 8. — Act anent the Presbytery-seat of Selkirk. 9. — Report of the Visitors of the Universitie of Glasgow, and a new Commission of Visitation of that University. 10. — Act anent the Carriage of Ministers. 11. — Act anent the ordering of Family Exercise. 12. — Act for Ruling Elders keeping of Presby- teries. 13. — Act anent Magistrates being Members of Kirk Session. 14. — Approbation of the proceedings of the Com- missioners appointed to attend the preceding Par- liament. 15. — Act anent abolishing Idolatrous Monuments. 16. — Act anent abolishing Idolatrous Monuments in and about Aberdene. 17. — The Report of the Visitors of the Univer- sitie of Aberdene. 18. — Commission for visiting the Universitie of Aberdene. ifBliswIlaneouK f^istorical Wommmts!. REIATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND — 1639-40. 1639.— September 11. 1 . Discussion in Parliament as to the Large Declaration. * Undecimo Septemb. 1639. Anent the Supplication presented by the Assem- bly against the booke called the Large Declara- * Minutes of Parliament, In Acts, vol. v., p. 2.56. 280 RECORDS OF THE [1640. tiotine, whairof Doctor Balcanquhall is challenged to be ane of the authors : The Commissioner repre- sented that it is not expedient that this Supplica- tionne be presented in ane parliamentarie way ; be- caus it tendis to the renewing of the remembrance of these troubles and the causes thereof, which heir- tofoir vexed this Kingdome, and ar now to be buried in oblivioune ; and seing the said booke beirs inscriptione of His Sacred Majesties name, quhilt he will not disclaime, it aught to be handled with more reverence then to be challenged in any publick way, quhilk evidentlie rubbis with His Ma- jesties honour, and can produce no better effect than ane answer to all assertiounes contrair to what is averred in the booke, and will frustrate the Peti- tioners of their intendit end. And, therefore, the Commissioners Grace desyred, that gif the Peti- tioners will goe on in this Supplicatione, they shall doe the same in that quiet, humble way, which may not trench upon His Majestic, hot will most readilie satisfie His Majestie, quhilk ought to be their iirst and maine desyre. The Erles of Argyle andEothes answered — That the said booke containes so many vntrewthis, that is so dishonourable to His Majestie and this haill natioune, and is so pubUck and dispersed through all the world, of purpose to incense neighbour natioues, and speciallie Ingland, against us, and to possess thaime with prejudices against thair pro- ceidings' ; and, therefore, the Petitione aught to be presented in ane publik parliamentarie way, quhilk being legal! and humble, cannot in reasone offend His Graceous Majestie. The Commissioners Grace answered— .That the publik way wUl rather oblige His Majestie to vindicate his honour by ane answer of maiuteining that booke then procure any satisfaetione from his Majestie ; beoaus the King must ather mainteane that booke, gif it be challenged by ane publik way, or else ac- knowledge that he took armes upon unwarramtable grounds and false information,'quhilk is so dishon- ourable, that no good subject can desyre or expect the same — and now, at this tyme, it is unfitt to renew the memorie of what is past upon ather side, but they are to be covered with ane atember 1640.* His Majesty hath seen and considered this Peti- tion, and is Graciously pleased to return this An- swer by me, that he finds it in such general terms, that till you express the Particulars of your De- sires, His Majesty can give no direct Answer; therefore His Majesty requires that you set down the Particulars of your Demands with expedition, he having been always willing to hear and redress the Grievances of His People : and for the more mature Deliberation of these great Affairs, His Ma- jesty hath already given out Summons for the meet- ing of the Peers of the Kingdom in the City of York upon the 24"' of this Month, that so with the advice of the Peers you may receive such An- swer to your Petition, as shall most tend to His Honour, and the Peace and Wellfare of His Domi- nions. And in the mean time (if Peace be that you desire as you pretend) He expects, and by these His Majesty commands, that you advance no fur- ther with your Army to these parts ; which is the only means tliat is left for the present to preserve Peace betwixt the two Nations, and to bring these unhappy Differences 'to a Reconciliation, wliich none is more desirous of than His most Sacred Ma- jesty. Signed, L-inerick. 1640.— September 8. 5. Letter from the Covenanters to the Earl ofLanerick.-Y Right Honourable, As nothing in Earth is more desired of us than His Majesties favour, so doth nothing deUght us more than that His Majesty beginneth again to hearken to our Humble Desires, wherein we trust nothing shall befoundbutwhatmayservefor HisMa- jesties Honour and for the Peace of His Dominions. The Particulars we would have expressed, but that they are contained in the Conclusions of the late Parliament, and our Printed Declarations, wliich were sent to your Lordship ; but in case the Papers be not by your Lordship, we now summarily repeat them. That His Majesty would be Graciously pleased to command, that the last Acts of Parliament may be published in his Highness's Name, as our Sove- raign Lord, with the Estates of Parliament con- vened by His Majesties Authority ; Next, That the Castle of Edinburgh, and other strengths of the Kingdom of Scotland, may, according to the first foundation, be furnished and used for our Defence and Security ; Thirdly, That our Countrymen in his Majesties Dominions of England and Ireland may be free from Censure for subscribing the Co- venant, and be no more pressed with Oaths and Subscriptions unwarranted by our Laws, and con- trary to their National Oath and Covenant ap- proved by His Majesty ; Fourthly, That the Com- mon Incendiaries, who have been the Authors of this Combustion in His Majesties Dominions, may receive their Just Censure ; Fifthly, That our Ships and our Goods, with all the Damage thereof, may be restored ; Sixthly, That the Wrongs, Losses, and Charges, which at this time we have sustained, may be repayed ; Seventhly, That the Declarations * Burnet, p. 176. + Burnet, p. 177. 164.1.] KIRK OF SCOTLAND. 301 made against us as Traytors may be recalled, and in end, by advice and consent of the Estates of England convened in Parliament, His Majesty may be pleased to remove the Garrisons from the Bor- ders, and any Impediment that may stop free Trade, and with their advice may condescend to 'all Parti- culars, which may establish a stable and well- grounded Peace, for enjoying of our Religion and Liberties, against all fears of molestation and undo- ing from year to year, as our Adversaries shall take the advantage. This Royal testimony of His Ma- jesties Justice and Goodness, we would esteem to be doubled upon us, were it speedily bestowed, and therefore must crave leave to regrate, that His Ma- jesties Pleasure concerning the Meeting of the Peers the 24"* of this Instant, will make the time long ere the Parliament be convened, which is conceived to be the only mean of settling both Nations in a firm Peace, and which we desire may be seriously repre- sented to His Majesties Royal thoughts ; the more this time is abridged, the more able will we be to obey His Majesties Prohibition of not advancing with our Arms, Our Actions, and whole comport- ment since the beginning of these Commotions, and especially of late since our coming into England, are Real Declarations of our love, and desire of Peace : nothing but invincible necessity hath brought us from our Country to this Place, no other thing shall draw us beyond the limits appointed by His Ma- jesty ; which we trust His Majesty will consider of, and wherein we hope your Lordship will labour to be a profitable Instrument for the Kings Honour, the Good of your Country, and of Your Lordships humble Servants, and affectionate Friends, Scots-Leager at New-Castle, Sept. S'l" 1640. A. Lesly, Tho. Hope, Rothes, W. Rickartoun, Cassils, J. Smith, Montrose, P. Hepburn, Dumfermline, D. Home, Lindsay, Keir, Lowdon, Ja. Sword. Napier. 1640 September 24. 6. Letter fircm the Emi of Lanmok appointing a Treaty. * My Lords, According to His Majesties appointment, the most part of the Peers of this Kingdom of England met here at York tliis day, where His Majesty did communicate unto them your Desires and Petitions ; and because you do so earnestly press for a speedy Answer, His Majesty, with advice of the Peers, hath nominated such a number of them for a Con- ference with you upon Tuesday at Northallerton, whose names are underwritten. Btit withall if you shall think the time too short, and that with oonve- niency you cannot come so soon thither, if betwixt this and Sunday you do acquaint His Majesty there- with, he will take Order for the delay thereof, for one day or twp. And that you may without all fear or Danger of Detention, send such Persons unto the said Confe- rence as yon shall think most fit, if betwixt this and Sunday you send hither the Names of these you mean to imploy. His Majesty will with all possible diligence return a safe conduct under his own Royal Hand, for them and their necessary Servants. * Burnet, p. 178, His Majesty hath likewise commanded me to let you know, that upon your relieving of such Officers, and others of His Subjects, as are detained by you, he will return all such of yours as are his Prisoners, either here or at Berwick ; and hereafter resolves, that fair Quarters should be kept betwixt both Armies. Thus having imparted His Majesties Pleasure, I continue Your Lordships Servant, York, 24"* of September, Lanerick. 1640. 1640.— October 16. 7. Articles agreed on for tlie Maintenance of the Scots Army. 1. First, That the Scotch Army, now lying in the Counties of Northumberland, Bishoprick of Dur- ham, and Town of Newcastle, shall have for a com- petent maintenance, the summ of £850 per diem, being the sum before agreed on by the Counties ; and that the payment thereof shall begin upon the leth of October, and to continue for two Months, in case the Treaty shall so long last ; which pay- ment to be made weekly upon the Friday of every Week, the first Friday being the twenty-third day to be for the payment of the Week past. 2. The dayes of the returning of the Army to be numbred, within the dayes of the allowed mainte- nance. 3. That the Scotch Army shall content them- selves with the aforesaid maintenance, and shall neither molest Papists, Prelates, nor their adher- ents, nor any other persons of whatsoever quality, during the time of payment, but shall keep them- selves free of all other Taxes and Plunderings not only during their abode, but in their returns, and such security as is usual shall be given for the performance of the same, and this to be ordered upon the condition of the Treaty. 4. That the Inhabitants of the said Counties shall also have liberty to return peaceably to their own dwellings, and shall be refused no Courtesie, it being alwayes presupposed that the fit Lodging of their Army shall be allowed. 5. That the Army be furnished with Coals in a Regular way, and not at the pleasure of the Soul- diers, which is especially recommended to the care of the Scotch Commissioners. 6. That there be a provision of Forrage at the prices to be set down in a Table, which must also contain the particular prices of all sort of Victuals, and other necessaries for the Army, to be indiffe- rently agreed upon by persons nominated on both 7. That the Sea-Ports be opened, and there be free Trade and Commerce by Sea and Land, as in the time of Peace ; ■with this Proviso, that with the Victuals, no Armes nor Ammunition be imported into Newcastle, or any Harbour of England, and this Free Trade and Commerce to be presently iu- timated, and not to be interrupted, but upon the warning of three Months, that there may be a suffi- cient time allowed for Ships to return, and for the disposing of their Commodities. 8. That the Victuals and other Necessaries for the Army be free of Custome ; And that his Majes- ties Custome of Coals, and other Ware, be leftiree to be levyed by his own Officers. 9. That all restraints be removed, and that there be a freedom to furnish necessaries for both Armies, * Eushworth, vol. iii., p. 1295. 302 RECORDS OP THE [1641. in such sort as is agreed on by the Articles, and liberty be granted for Milling, Brewing, Baking, and other things of that kind. 10. That the Arrears be completely paid to Oc- tob. 16, and that such rents as are anticipate, and act yet due, be allowed in the Arrears. 1 1. That there be a Cessation of Armes, accord- ing to the particulars to be agreed upon. 12. As for securing the summ of iSSO per diem above specified, there is a Committee appointed by the Great Council of the Peers, who have power to Treat with Northumberland, the Bishoprick of Durham, Newcastle, and (if need require) with other adjacent Counties, that there may be a real performance of what is agreed on by us : And for that we find many Difficulties of raising the Contri- bution out of the Counties of Northumberland, the Bishoprick, and Town of Newcastle, we have thought fit and necessary to add unto them the Counties of Cumberland and Westmoreland, to as- sist towards the said Contribution according to their abilities. 13. And further, the Lords will before their going from York settle a Committee who shall have charge to see the Contribution orderly raised and paid ; and that there shall likewise be a Committee nominated of the Lords Commissioners, to whom either the Scotch Commissioners may address, or the Committees of the Countrey may Weekly give an Accompt of the carriage of the business. And that from thence there may further Order be given for the due performance of that which is promised. Signed Bedford, Dumfermling, Bristol, Lowdon, Holland, Patrick Hepburne, Berkshire, W. Douglass, Ed. Mcmdemle, J. Smith, Ph. Whmrton, William Wedderbourn, Mo. Brook, Alex. Henderson, J. Paulet, W" [Arch"] Johnston. Ed. Howard, Ft. Dunsemore, 1640.— October 26. 8. Ariides agreed on concerning the Cessation of Arms betwixt the English and Scottish Commissioners at Rippon, tlie 26th day of October 1640. 1. That there be a Cessation of Arms both by Sea and Land, from this present. 2. That all Acts of Hostility do henceforth cease. 3. That both parties shall peaceably retain, dur- ing the Treaty, whatsoever they possess at the time of the Cessation. 4. That all such persons who live in any of his Ma- jesties Forts, beyond the River of Tees, shall not exempt theur Lands which lye within the Counties of Northumberland and the Bishoprick from such Contribution, as shall be laid upon them for the payment of the £850 a day. 5. That none of the Kings Forces upon the other side of Tees, shall give any impediment to such Contributions as are already allowed for the Com- petency of the Scotch Array, and shall take no Vic- tuals out of the bounds, except that which the In- habitants and Owners thereof shall bring voluntarily to them : And that any restraint or detention of Vic- tuals, Cattle, and Forrage which shall be made by the Scots within those bounds for their better main- tenance, shall be no breach. ' Bushworth, vol. iii., p. 1306. 6. That no recruits shall be brought unto either Army from th'e time of the Cessation, and during the Treaty. 7. That the Contribution of £850 a day shall be only raised out of the Counties of Northumber- land, the Bishoprick, Town of Newcastle, Cumber- land, and Westmoreland ; that the not payment thereof shall be no breach of the Treaty ; but the Counties and Town so failing, it shall be left to the Scotch power to raise the same, but not to exceed the summ agreed upon, unless it be for the charges of driving to be set by the Commissioners of the Forrage. 8. That the River of Tees shall be the bounds of both Armies, excepting always the Town and Castle of Stockton, and the Village of EggscUffe : And that the Counties of Northumberland and the Bishop- rick of Durham be the Limits, within the which the Scottish Army is to reside ; saving alwayes Liberty for them to send such Convoyes, as shall be neces- sary for the gathering up only of the Contributions which shall be unpaid by the Counties of West- moreland and Cumberland. 9. If any persons commit any private Insolencies, it shall be no breach of the Treaty, if (upon Com- plaint made by either party) reparation and pu- nisliment be granted. 10. If Victuals be desired upon that price which shall be agreed upon, and ready Money offered for the same, and refused, it shall be no breach of the Cessation, to take such Victuals, paying such price. 11. No new Fortifications be made during the Treaty against either party. 12. That the Subjects of both Kingdoms, may in their Trade and Commerce freely pass to and fro, without any Pass at all ; but that it be particularly provided, that no member of either Army shall pass without a formal Pass under the hand of the Gene- ral, or of him that commandeth in Chief. Bedford, Dunfermeling, Bristoll, Lowdon, Holland, Patrick Hepburne, Berkshire, William Douglass, Ed. Mandemle, J. Smith, Ph. Wharton, William Wedderburn, Bo. Brook, Alex.Henderson, J. Pavlett, W™ [Arch"] Johnstown. Ed. Howard, F. Dansmore, 1641.— April 24. 9. Letter from the Earl of Strafford to the Marquis of Hamilton.* May it ple.4,se your Lordship, Hitherto I judged it not fit to endanger your Lordship by any Intelligence betwixt us, which might have turned much to your prejudice, in a time when the World is in so much mis-under- standing of me ; but now be your Lordship pleased, to admit me to resort to your noble Expressions and former Friendship, that I may carry forth of the Court with me the belief and tokens of it. It is told me, that the Lords are incUnable to preserve my Life and Family, for which their gener- ous Compassions, the great God of Mercy will reward them : and surely should I die upon this Evidence, I had much rather be the Sufferer than the Judge. All that I shall desire from your Lordship is, that devested of all Publique Imployment, I may be admitted to go home to my own private For- * Burnet, p. 182. 1641.] KIRK OF SCOTLAND. 303 tune, there to attend my own Domestiek Affairs, and Education of my Children, with as little aspe- rity of words or marks of Infamy, as possibly the Nobleness and Justice of my Friends can procure for me, with a Liberty to follow my own occasions, as I shall find best for my self. This is no unreasonable thing I trust to desire, all considered that may be said in my case, (for I vow my fault that should justly draw any heavy Sentence on me, I yet do not see :) yet this much obtained will abundantly satisfie a Mind hasting fast to quiet, and a Body brokeij with afflictions and infirmities. And as I shall take myself highly bound to any that shall further me therein, so I more particularly desire to receive an obligation therein from your Lordship than from others, as being purposed in the truth of my former Profes- sions, to express my self ifour Lordships humbly to be Commanded, Strafford. Tower, 24*" of April, 1641. 1641. 10. Principal Smllie's Journal of the General Assem- bly, i6il, in a Letter to tlieSev. Willia/in Spang.* Cousin, Since your last, the 1st of August, you have received two of mine, and this is a third — if virtue were in length — worth any six of yours. The carriage of our assembly was this. Since the assembly of Aberdeen there was a continual heartburning betwixt the favourers of Mr Harry Guthrie and Leckie ; as in my discourse of that assembly you may see I foretold. As I came from London through Edinburgh, I found the misunder- standing so great, that I advised Argyle to take notice of it in time ; and when Mr Archibald John- ston came home, I wrote to him to draw to him some of the parties for advisement how to preveen discord. For all that I could do, at my coming to Edinburgh on Saturday, July 17, I found Leckie, and many that favoured him, peremptor, not only to accuse Mr Harry Guthrie, but to have the Acts of Aberdeen about meetings and read prayers can- celled. They were much galled with the slanders went upon them, for the abusers of privy meetings, and other things falsely fathered on them. On the, other part, Mr Harry, and many with him, were no less resolute to defend all that passed in Aber- deen, and to have sharp censures concluded in the next assembly against all that were for novations, not approven by our Church. With these minds went too many to St Andrew's, as if it had been a place of combat. Our only remedy against such scandalous debates were our prayers to God, which carefully were offered the Sabbath before we came from home, in a solemn humiliation for a blessing to the ensuing assembly. This labour, we found, was not for nought ; for at once we found the good hand of God with us above expectation. The King had seut his warrant to Lord Weems to sit, with as ample a commission as either Hamil- ton or Traquair. His Majesty intended this ser- vice for Southesk, by Traquair's advice, who yet had too great hand in affairs ; but Mr Henderson diverted the King from that man, towards whom the country had so evil an eye. For what special respects Weems fell to be next, I do not know ; however, the modesty and simplicity of the man made him displeasing to none. When we came to St Andrew's, our first perplexity was about a mode- * BalUie, p. 298. rator. Mr Henderson was passionately desired in so hard a time ; but there was no certainty of his presence. Mr Harry RoUock, on whom the voices would have fallen next, had of purpose absented himself. The rest who were met were esteemed so far engaged to the question to be debated. Judge then what strait of men was there, when the like of me, who to this day had declined to mode- rate a presbytery, was shored to be leeted for to moderate a general assembly. Yet, after much secret advisement with the Commissioner, on Mon- day, with much ado, that difficulty was overcome. 1. On Tuesday, the 20th, the first day of our assembly, the last moderator, Mr Andrew Eamsay, preached the 122d psalm. According to his way, he went over it all. The first day of our assembly is appointed for fasting and humiliation. Of this disposition there was not so much this day among us as needed. After sermon we met in the Old College-hall. Mr Andrew prayed ; the commissions were received by Mr Archibald Johnston ; many of the commissioners were members of parhament ; divers others also, upon the certain expectation of the assembly's translation to Edinburgh, had not come over. His Grace's commission in Latin was read ; one clause thereof importing, at the Com- missioner's advice, the assembly's translation, was demurred on by the clerk, as intruding on the assembly's liberties ; yet it was not publickly ques- tioned. A letter from his Majesty to the assembly, so full of grace and favour as we could have wished, was read. The answering of it was laid on Mr David Lindsay of Belhelvie. His draught in the end of Edinburgh assembly was read : but it was so long and luxuriant, that Mr Henderson was caused to make that short, decised, and nervous answer. The parliament had sent over a commissioner to us, one from ilk estate, Cassils, Auldbar, Provost of Dysart, intreating, without any prescription, that in regard many of them were members of the assembly, could not, without detriment to the pub- lick, attend at St Andrew's, we would be pleased to enter in no weighty action, especially in chusing a moderator, wherein they desired to have voice, before we returned to Edinburgh. In the transla- tion there was no difficulty ; but in the delay to chuse a moderator, the difficulty was huge. The most thought the assembly could not be constitute, and so was incapable to perform any act, let be so great a one as a translation, before a moderator was chosen. Some leading men, who would have had the moderation to themselves, or to those who favoured their intentions, urged a present election. The matter was remitted to the next session ; wherein, to our great comfort, it was determined with far greater ease than any expected. Many of us thinking the delay impossible to be obtained, had concluded to voice for James Bonner ; yet to- morrow, the earnestness of the commissioners from the parliament, the clerk finding in the register some such old practique, the certain hopes of Mr Henderson's near return, his Grace permitting the matter to our own option, whilkas before some about him made him declare oft, that that delay would legally evacuate his commission ; Mr David Dalgleish, overcoming in boldness his good friend Mr Harry Guthrie, stoutly reasonmg the sufficient formality of continuing by voices the old moderator, ad huno actum, to transfer, and to chuse a new moderator in the beginning of the translated assem- bly, by plurality of voices it was clearly carried. We took that for a certain presage of G^d's assist- ance in all subsequent purposes. 304 RECORDS OF THE [164.1. The next session was appointed to be held at Edinburgh, the 27th. No more but a supplication of D. Harry Beid, wherein he complained, that after his long service in the kirk and divinity- schools, he had been made to demit his place, by threats, in his extreme old age and poverty. The case was very invidious, and reflected much on his colleagues in the town and New college. The mat- ter, I heard, was, that he, as principal, had given warrant for lifting the New-college rents, whiles to a wicked knave his son, whiles to D. Panter, and others ; so that no count could be made by him of much money. Mr S. Rutherford, I think, caused complain of this to the estates when we were at London. They sent over Newton and William Ridge, rigorous enough, either to get account of him, or to lay him in ward. Upon the fear of this evil, he offered to demit his place ; and his demis- sion was taken, reserving 500 merks a-year to him for his entertainment. When his petition came to be qpnsidered in Edinburgh, his good friend Mr Henderson guided it so, that with a great deal of commendation to the old man, large as great, I am sure, as he ever deserved, it was voiced, that his demission should be rendered to him ; that, accord- ing to the acts of our old assembUes anent failed ministers or professors, he should all his lifetime enjoy his full rent and honour, without any diminu- tion. When we came back to Edinburgh, to our great joy we found Mr Henderson and Mr Gillespie come home. That week was spent in privy consultations for accommodating the feared differences. Argyle and Cassils drew together in Loudon's chamber the ministers of Edinburgh, Mess. Dick, Blair, Ruther- ford, Cant, me, and some others. All the ministers of Edinburgh were chafed at their people's carriage towards them. They would have been at the simple discharge of all privy meetings, but those of a family ; and for this the act of Aberdeen was alledged by them, and many moe : for this the other part would have had that act recalled or exponed. I marvelled much of both their forget- ting the meaning and occasion of that act, set down at length to you in my letters. Then it was at last agreed, that Aberdeen act should be altogether miskent ; that a draught should be made for order- ing these meetings now in question. The paper drawn up by Mr Henderson the 10th of June, which pleased all well, that I had conferred with both, misliked the ministers of Edinburgh, and above all Mr D. Calderwond could not abide it. The clause in it of the number, which I liked best, did most mislike them ; they alledged the permit- ting of any to meet, in the smallest numbers, was an establishing by an act the thing itself. Many meetings there were for little purpose. It was appointed, that Mr Dickson and Mr Blair should meet with Mr Henderson and Mr Will. Colvil, and set down their minds. Their draught was long, and too general. It was laid again on Mr David Dickson, with whom he pleased, to write down his mind. That form also did not please. At last Mr Henderson essayed it. His model liked us best ; yet Mr D. Calderwood started mightily at it. We desired him to dite what he pleased ; notwithstand- ing we were all refreshed with a certain hope of a solid agreement ; for Mr Dickson and Mr Blair, and the rest who were suspected of innovating, purged themselves fully of all such intentions, and were ready to receive any of the models any had proponed. And being posed, what was their minds anent all the novations ? Mr Andrew Ramsay could enumerate such as omitting, Glory to the Rather, kneeling in the pulpit, discountenancing read prayers, &c. They gave answer satisfactory, that betwixt us and them there was no discrepance at all. At last Mr Henderson fell pn that model, which thereafter was voiced and printed. This happy concord, whereof Argyle and Henderson were happy instruments, will, we trust, be a great blessing to the whole land, which every where began to be fashed with idle toys. On Tuesday, July 27th, we met before noon in the Grayfriars. After prayer, Mr Andrew Fairfoul required, that his commission should be given to Mr Henderson, in regard that the presbytery had chosen Mr Andrew Ramsay, Mr Andrew Pollock, [Henry Rollock,] and Mr Alex. Henderson, if he should be present, and him only in case of Mr Henderson's absence. So, albeit Mr John Adamson had, at his own hand, put in his own name iu the couunis- siou at the first meeting in St Andrew's, and had voiced there as commissioner ; yet Mr Henderson being now present, he required to be free of the burden, which he had undertaken only in case of his absence. While the matter is going to voicing, Mr Calderwood, albeit no commissioner, reasoned very passionately, that Mr Henderson was incap- able of a commission. In this Mr Henderson seconded him. Always, when it came to voicing, Mr Henderson's commission was unanimously received. Tlie next question was about a new leet for a new moderator. The old fashion was, that the former moderator leeted whom he would, and the assembly added whom they pleased. An overtvire had passed at Aberdeen, that every pro- vincial synod should have one of their number to be on the leets for moderator, one to be on the committee of bills, one for the reports, and one for the overtures. The Northlandmen pressed much to have it so ; but it was found unreasonable ; and that overture not being an act, and not being booked was rejected. Yet they got Belhelvie added to the leet which Mr Andrew gave in. Mr Henderson ■ declared earnestly against the burden of modera- tion ; yet the most of the votes fell on him. The nobles were for Mr Henry Rollock, some for Bon ner, some for Belhevie, none at all for Adamson, Dalgleish, Somervel, Blackball. No more was done in that session ; only Argyle told us, that the parliament was content to have but one session a-day, and that in the afternoon, hoping the assem- bly would be pleased to make but one session also, and that in the forenoon, that so the commissioners might get both assembly and parliament attended. This was agreed to. Wednesday the 28th. The moderator read the overtures which I had drawn up, and were enacted at Aberdeen, for ordering of the house. He pressed them all ; yet, through negligence to exact them, thereafter we fell at once into our old misorders. Always we hope tliatthe exact order the parliament has now taken for ruling their house, will make us, ere long, follow their good example. He read also a list of names for the committees of bills and re- ports. Now for the overtures : Till those of Aber- deen were considered, very hardly would he permit any to be added to those of his own number. For assessors to himself, he shewed he would adver- tise privily those whom most he needed. Four were nsimed to appoint preachers for all the churches, in which Mr James Bonner, my good friend, being chief, by his favour I got myself shifted of that burthen, as in aU this assembly I did what I could to hold myself quiet, and well near mute. Mr Cal- derwood fell on again impertinently, and very peev- ishly, as if it had been almost a null, an evU-consti- 1641.] KIRK OF SCOTLAND. 305 tute meeting, for being translated without a mode- rator permanent, and chusing of him for moderator who had no commission. Mr Henderson dealt very patiently and respectfully with him : at last his Grace commanded him silence. The moderator caused read some letters, which were given him in England for the assembly. The first was from a number of our gracious brethren of the ministry at London, and about it, congratulating our happy pro- ceeding, shewing their hopes to get our discipline established there, telling that some of their breth- ren, who were for independency of congregations, were great hindrances to that design ; also that they gave out that some of the most eminent men in the ministry with us, inclined their way. The men they meant by, Mr Henderson told ns, were Mr D. Dick- son, and Mr Cant ; but none in all the assembly were more against independency than these two. The matter, after some days, was voiced : all in one voice rejected that confusion, as contrary directly to our covenant : and appomted Mr Henderson to write a courteous answer to our English brethren ; which he did very accurately. If I can, you shall have a copy thereof. The next was from Mr Durie, for assistance to his negotiation of peace amongst Protestants. While some were beginning to say somewhat to the man's prejudice, I excused all, so that his motion was received ; and it was laid on Mr Andrew Ram- say, Mr Blair, Mr Gillespie, and me, to frame an answer. We left the labour to Mr Blair, who did it well enough, in a fair genteel general, appointing him to keep, when he pleased, correspondence with the ministers of Edinburgh. A third was from D. Slbbald of Aberdeen, supplicating for his books, which at the prior assembly were taken from him. It was granted that he should have all except some of his sermons, whereupon a part of his process was grounded. A fourth was from Mr John Guthrie, Bishop of Murray, supplicating that his place, for a little time more, might be kept for him. It was rejected as unreasonable, and his presbytery ap- pointed to plant his place ; yea, order was given, that none who had delayed so long to come in the covenant, should be received, without a singular measure of satisfaction and trial, to be approven by the general assembly. The Moderator fell on a notable motion, of drawing up a Confession of Faith, a Catechism, a Directory for all the parts of the publick worship, and platform of government, where- in possibly England and we might agree. All ap- proved the motion ; and thereafter the burden of that labour was laid on the back of the mover, with liberty to vaik from preaching whenever he pleased, and to take help of whom he thought meet. He did not incline to undertake it, yet it will lie on him i and readily in this he may do some good. Thursday the 29th. The moderators of the com- mittees had no matter prepared for the assembly ; so we put off that session with general discourses, especially upon the matter of translation, which had most troubled us in bygone synods, and was lilce to do so in this also. A committee was appointed to find out overtures for that difficult matter. Lest I should be prejudged, I got it on Lord Eglinton and Mr Robert Barclay. Glasgow also, by their im- portunity, got on Dr Strang and D. Dickson. The presbytery of Glasgow, it were long to tell you the way how they stifled both Mr Dickson and Mr Ramsay from being commissioners. This was very evil taken by the whole country, and turned over to Glasgow's prejudice : yet Mr David was used no otherwise by the assembly than if he had been a prime commissioner. This committee did nothing for a day or two, and that, it was publickly com- plained, because D. Strang and Mr David, for their own interest, marred the rest ; so they, and with them my Lord Eglinton and Mr Robert Barclay, were removed from that committee. Thereafter they blocked a number of tolerable overtures ; the conclusion whereof was remitted to the next gene- ral assembly. The moderator advised the town of Edinburgh, and other prime burrows, to entertain abroad some good spirits, who might be their own, if they proved apt for their service. Also he shewed the expediency of calling home one Mr Thomas Young from England, the author of Dies Dominicce, and of the Smectymnuus for the most part ; and of Mr Colvin from Sedan, to whose commendation he spake much. If he has done any thing in private, let us have it, and write what ye know of his abUi- ties. There was a committee appointed to consider the state of our far remote churches of the Isles, of Lochaber, Orkney, and Shetland. Some pre- sent course was taken for Lochaber ; and it was laid on Mr Robert Blair, and Mr Andrew Afflect, to go in the Spring to visit Arran and some near isles. There was a committee appointed to consider the advancement of the weal of colleges and schools. All their consultations we hope in time will produce good fruits. Friday, the 30th, came in a number of particular bills ; yea, some days thereafter, there came more than 200, for augmentation of stipends, for divid- ing or changing of churches; all which, without reading, were referred to the parliament ; regrets for the enormous sins of the land. The removing of monuments of superstition, from divers parts of the country yet remaining, was recommended to the presbyteries. Mr John Guthrie, Bishop of Murray, sent out of the tolbooth, to the assembly, a supplication to confer with the moderator, and some others. All the subject of his discourse with them, as also of divers conferences he had before with the ministers of Edinburgh, was only a stiff wrangling about the formality of the process of ex- communication. He sent in another supplication thereafter for the same end, but was neglected ; for he and other of those men, seem to be obdured in perverseness : yet it is like, that if the King and we had settled sure in parliament, there are few of them, if any, but will supplicate to be permitted to do all that shall be prescribed. Saturday, the 31st, no particular business was handled worth the writing. Aberdeen, in their commission from the general assembly, had met and decerned Mr George Gillespie, then at London, for their town-minister, and Mr Edward Wright for their divinity-professor, in the Marischal col- lege. Mr Gillespie's cause came then to be handled. His Grace pleaded, that these : fifty years he and his people had been vexed with a most weak minis- ter ; that he had got Mr George admitted the first in Scotland without the bishops consent. Mr George spake well for himself, , that he nor his people were never advertised till the decreet was passed, and divers other things. The dispute was long and hot : it was remitted to the next session. Argyle spake of the regret many ministers made un- der payment of their stipends, desired the assembly to find overtures for remeid, and promised the par- liament would consider what should be proponed. On Sunday afternoon, before the commissioners, I heard Mr Blair teach very gravely for peace, and abstinence from all such meetings, as in former times had been very profitable, but now were inex- pedient, unlawful, and schismatical. This some mistook, but the most took it very well from him. yoi,. I. 20 306 RECORDS OF THE [1641. Truly, I bear that man record, that in all his Eng- lish voyages, in many passages of the assembly, private and publiok, he contributed as much to the pacifying of our diCFerenoes as any, and much more than many. That day a very unhappy accident fell in the hand of a minister, Mr Thomas Lamb, who had been deposed by the blind Bishop of Gal- loway, for divers quarrels ; but he gave it only out for disobedience in ceremonies. The ministers of Edinburgh had obtained for him a church in the presbytery of Peebles. The man had always been of a contentious humour. They say he had struck a man, whereof he died. However his presbytery, for his perverseness and contentions, had suspended him. He had appealed to the general assembly. The committee, on Saturday, had agreed them, and remitted him to the presbytery. On Sunday, after both sermons in Leith, he told Mr James however that he was displeased with that accord, and would complain to the assembly, both of the committee and his presbytery. Immediately going to ease himself among the stuff, a young man to whom the stuff belonged, fell upon him with evil language, taking up his cloak and gloves : after some mutual jarring, when he had got his cloak and gloves again, he fell in some more quarrelling with the young man, and with his whinger struck him, whereof presently he died. He wrote a pitiful supplication to the assembly, to obtain some delay of his execu- tion, till his wife and friends might come to him. This was granted. He obtained easily a letter of Slayang from the party ; but we think the Constable will cause execute him ; and so much the more be- cause he a minister, on the Sabbath day, had com- mitted that villainy in the time of the assembly and parliament. Monday, the 2d of August, the parliament sat not, so we had two sessions. The forenoon was taken up with the business of Aberdeen. Mr Andrew Cant laid out Aberdeen's necessities very pathetic- ally ; Mr David Lindsay and Provost Lesly, shew- ing their proceedings in Mr Gillespie's election to have been punctually according to the words of their commission. Notwithstandiag the moderator, de- siriog Mr George to stay still in Fife for the use of St Andrew's, did so state the question, for all the northlandmen could say to the contrary, and not- withstanding also of Argyle's evident seconding theni. His abode at Weems was craved by plurality of voices ; yea, when they pressed Mr Edward Wright's transportation, albeit all that favoured Mr David Dickson did voice for them : yet they lost that cause also, in regard it was manifest before the meeting of that committee, that Mr Edward was admitted to the church of Glasgow, and before his citation to come to that committee, or his know- ledge of Aberdeen's invitation, he was agreed with Glasgow, and had obtained his dismission from the presbytery of Stirling. Mr Robert Ramsay had set the town of Glasgow on that man, whereof I suspect he now repents. The man is learned and blameless, but it is not like Mr David's way, nor among the most prudent. Factions among that people and presbytery are like to grow. I wish they come not to a shameful hearing, and that quickly, on the occasion of Mr Hugh Blair's election to that town's ministry. Sir John Soot's petition, to have a description of our sheriffdom, by some in every presbytery, to be set before the maps you have in hand, is granted. In the afternoon Mr Andrew Ker, minister at Carrin, being transported by the provincial synod of Lothian to the burgh of Linlithgow, had appealed to the general assembly. His appeal was voiced null. This preparative made Glasgow too eager to call my cause ; but they found the case many ways unlike. At Aberdeen there had been much ado for planting of Inverness. The Laird of Steinson, pa- tron, had presented Mr James Annan. More than the two parts of the parish speaking Irish, obtained Mr Murdoch Maebaine, a bold well-speaking man, to be conjoined to an equal stipend and burden. This equality Mr Murdoch urged, and refused to preach to the Irish congregation, but day about, so every other Sundaythey sang dumb. After some days travel, it was thus agreed that a third man should be got to those who had never more than one be- fore to preach in Irish on 500 merks, the town to pay three, the two ministers each to pay one. We being agreed privately, the moderator thought it time to move the question about meetings, and re- gretted the sinister rumours thereanent. It was remitted to a committee in the moderator's cham- ber. After two afternoons' conference, Mr Hen- derson fell on the model you have in print. On Wednesday he read it once, twice, thrice. Many required delay to voice tUl to-morrow, and a copy of the writ. All delay was flatly refused ; but any man was permitted to say what he would, if it were to ten at night. Mr Catherwood was impertinent still in his opposition. Mr Harry Guthrie, and those who were in this point, were feared to be more opposite than he had been. AH called to the com- mittee, and read at length. Some who craved de- lay were shortly taken up. Fear of raising and fo- menting needless scruples, if that paper had run a showering through the city, before it had been con- cluded, made the moderator peremptorily refuse that which is now every day practised in our par- liament, and I think were more necessary to be practised in our assembly, except in some few extra- ordinary cases. The paper that day was voiced, and was unanimously assented unto : yet some voiced it too general and insufficient. Tuesday, the 3d of August, was taken up with a very captious question of your good friend Sir John Scot. He had promised to Mr Mungo Law, second minister at Dysart, in the presbytery of Kirkaldy, a presentation to the kirk of Kilrennie, in the pres- bytery of St Andrew's. The presbytery of St An- drew's were not very curious to crave his transport- ation ; Sir John, in the provincial of Fife, urges it. In the voicing, not only the whole presbytery of Kirkcaldy gets voices, but some burrow two ruling elders, gets voices. Upon this, and some other in- formalities. Sir John appealed to the general assem- bly. By strong solicitation, and by a world of merry tales in the face of the assembly, he gets a sentence for his appellation, to the great indignation of the synod of Fife, and the moderator's malecontentment. Sir John held him with that advantage, and durst not pursue his main point, anent the minister's transportation, which made many to take him but for a wrangler, who sought more the synod's dis- grace than any other contentment. Overtures for planting universities, burghs, schools, were read; also a letter of the King's to the assembly, in fevour of Panmure, requiring the minister of Monhey to be transported to some other church of his Majesty's presentation : the desire, with the man's own con- sent, was granted. Wednesday, the 4th, Mr William Bennet was ordained, according to the act of Aberdeen, to trans- port to Edinburgh. Mr John Colins, after long opposition of the presbytery and parish, waa ordained to be received to the church of Campsey. His pre- sentation to the tack of Chaule of the chapter, where- in also he was obliged to ratify the patron's tack, was 1641.] KIRK OF SCOTLAND. 307 ordained to oe rectified. Mr Andrew Logie, deposed at Aberdeen according to the provincial's appoint- ment, was restored to his own kirlc. Sir Alexander Abercrombie of Birltenbog fashed the Assembly much, that he might be obliged to receive a new presentation ; that a new edict might be served ; and so, that the assembly's act of reponing him to his own church should be evacuate : but his motion being found to be from particular respects, it was misregarded. Thursday, the 5th, Aberdeen supplicated Mr An- drew his transportation to their college. Arthur Areskine, of his own liberality, had given him 500 pound during an old man's life. The man was but twenty-four years of age, and was extreme un- willing to flit. Arthur Areskine, a well-deserving gentleman in our cause, when he began to plead, was so choked with tears, that he became silent, and removed. This accident made the assembly so compassionate towards him, that, by plurality of voices, he obtained his point. These three rebukes in end well near angered Aberdeen. By way of in- dignation they crave leave to have back their de- posed doctors ; yet they gave in the fourth bill for Mr John Oswald of Pencaitland. His misfortune was to be last, else he had better reasons of staying than any of the former three ; yet to please Aber- deen, all he could say was misregarded ; and he, full sore against his heart, was ordained to flit. Here came in my long-delayed action. After much altercation betwixt the passionate parties, and some calm dispute between the Principal and me, by the favour of the moderator, I got the invidious question eschewed anent my appeal, and the state made. Transport, or Abide ; when, after I had read the reasons (which I here send you), there was not twenty voices for my transportation. I foresaw that this favour may readily transport me ere it be long to places where my life will be much more miserable than it is like it would have been in Glasgow ; but yet I thought it incumbent to me, in conscience, to use all lawful means to keep me with my people. I took it to have been a sin to have neglected this duty for tlie preveening of crosses never so appa- rent. The Laird of Leckie gave into the commit- tee of bills a complaint of Mr Harry Guthrie's slandering of him at Aberdeen. Of this Mr Harry complained in the face of the assembly. This was like to blow up that fire again which we thought had been extinguished; yet even here God was favourable to us. That matter was referred to us the moderator's assessors. We laboured so into it some nights, that at last we got the parties agreed, both in a writ, read to the assembly, under their hands, declaring their good opinions each of other : for Leckie truly witnessed, that he knew no blame to Mr Harry, neither in doctrine nor life ; and Mr Harry testified, that he never had a thought that Leclde, or any of his family, was guilty of those slanders he complained of. Of this pacification we were all most glad. Being desirous to have the assembly at an end, it was appointed to keep her sessions twice in the day, and to dispense with the absence of so many of our parliamentary members as could not be present in the afternoon with ns. The rest of that day, and much also of posterior sessions, were misspent with the altercation of that bardish man Mr T>. Dogleish, and the young Constable of Dundee. He had obtained from his father to Mr David a presentation to the parsonage of Dundee. The custom was, that all of the tithes, the constable paid but to the church 500 pound, the town gave to the parson's supply 500 merks. The town having not much will of Mr David's ministry, refuses to pay the old 500 merks. Mr David refuses to trans- port from Coupar till the Constable secure him iu a sufficient stipend. The assembly of Aberdeen ordains Mr David to transport with all diligence, and refers the question of stipend to the decision of the committee of estates. The Constable suppHcates the assembly to move Mr David either to accept the charge, or give back the presentation. This Mr David peremptorily refuses, intending by his pre- sentation to erect a stipend to that place, and then readily to leave it, if all do not embrace him. Mr David's stroiig replies to the moderator would have been taken in worse part, if the Constable's naugh- tiness, in proclaiming of the whole parsonage four or five chalders of victual was too much for him to pay to the church's use had not offended us all. My Lord Fleming's petition, to have a new presbytery erected in Biggar, of thirteen near adjacent churches of Lanerk and Peebles, was referred to the visitation of the bounds. It was regretted by the moderatour, that Mr David Catherwood, who deserves so well of our church, ' was so long ne- glected. He was recommended to the first com- modious room. Likely he shall not be in haste provided. The man is sixty-six years old ; his ut- terance is unpleasant ; his carriage about the meet- ings of this assembly, and before, has made him less considerable to divers of his former benefactors. The case also of Mr James Fairlie, late Bishop of Argyle, was much regretted ; that he having given so long ago satisfaction, that yet no place could be gotten to him to deliver him of that extremity of poverty wherewith he long has been vexed. Friday, the 6th, a world of bills came to be re- ferred to the parliament. Among the rest, one of Anna Inglis, complaining, that her husband, young Aiket Cunningham, having received above 40,000 merks portion with her, had deserted her, after frequent tormenting of her, with strokes and hun- ger, he debauching all with harlots in Paisley. We sent two with this bill to the parliament to get pre- sent order. The justice of God was in this matter. The damsel's father had left her to be married to Mr Hugh Montgomery of Hazlehead, his wife's near cousin. After, his wife falls in a conceit with Allan Lockhart, and gives herself to him ; and, by his persuasion, makes her daughter, when scarce twelve years of age, without proclamation, to be married to his cousin Aiket. For her reward, her husband Allan leaves her to pay 10,000 merks of his debt, which made her a poor vexed widow, and her suc- cess as you heard. We were fashed with a bill of young Saville's, a fine gentleman, who required, that one Littletower, whom the patron Lindores had thrust on his church, should be transported. The gentleman, for the well deserving of his house, was much pitied ; yet, seeing the young man was admitted, and the most of the parish accepted him, it could not be helped till the young man, Little- tower, found commodity to transport, which was not like to be sudden. The presbytery of Wigton complained of their molestation by one Macghee a notary, a criminous fellow, too much supported by that good man the Earl of Galloway. This bill be- ing referred to the parliament, they enjoined the Earl to go home without delay, and fetch in that knave to sufier justice. There was no remeid ; his Lordship behoved to go away to that unplea- sant service. One Thomas Frazer in the tolbooth, being condemned to die for murder, supplicated us to be relaxed, before his death, from the sentence of excommunication. Some were sent to visit him. His true repentance being reported, Mr Andrew Cant was ordained, on the Sabbath, after his ear- 308 RECORDS OF THE [1641. mon in the great church, to relax him. On Mon- day he died penitent. Dr Scroggie of Aberdeen supplicated to be admitted to our covenant. The trial of his repentance was remitted to the provin- cial synod. In the afternoon many overtures by Mr George Young, clerk of the references, were read. Chap- perton's supplication, to enter in our covenant, was referred to the provincial of the Merse. Saturday the 7th. When Mr David Dickson, in the question of my transportation, had declared his intention to have as much help from me, in pro- fessuig in the college, as he gave by his ministry to the town, the moderator, and others then there, not generally hking of mixing these two offices, every one whereof required a whole man, Mr David, lest any rub or mar from this should come to him in his ministry, which very profitably he did discharge, gave in a bill to have the matter cleared. It was gladly condescended, that it should be reason for him to exercise so much of the ministry there as he found himself able without detriment to his profes- sion ; the Principal not being foreacquainted with that bill, except somewhat for the preparative, wherewith Mr David was not well pleased. It was moved, that the declarations which the Earl of Traquair had alledged he had made in the assembly, but very falsely, and had obtained to be registered in the books of council, should be torn out and cancelled. This was referred to the parlia- ment; who, after the consideration of the truth of our alledgeance, sufficiently verified by many wit- nesses, caused rent out of the council-books, ac- cording as we required, these full declarations. Two motions came in here, which were hke to procure us much fashry ; yet both, by God's help, were brought to a peaceable conclusion. The parliament sent in to us the Earl of Lo- thian, one from the -Barons, and one from the Burghs, requiring our judgement of the Band ; the tenor whereof was read. The reason why they re- quired our declaration in that matter, was, because they said the Earl of Montrose had professed, the other night in his examination before the commit- tee, that however that band was burnt, all the sub- scribers were yet by oath obliged to the matter of it ; also they read a paper in our audience, written by Montrose's hand, after the burning of the band, full of vain humanities, magnifying to the 'skies his own courses, and debasing to hell his opposites. Here great wisdom was requisite. It was remitted first to the afternoon, and then to Monday. Sun- dry of the banded Lords compeared. We feared their stirring. Montrose's advocate craved to bo heard. A supplication to us, written by his hand, was read, desiring our good opinion of him, oifering to answer all we could lay to his charge to our full satisfaction. He said, the band was destroyed by the committee of parliament ; that the paper was but a private memorandum for himself, never to have gone without his charter- chest, had not my Lord Sinclair been pleased to make it publick : that which was alledged of his words in the committee was not any written part of his deposition ; that he had only spoken of a common guiltiness of all the subscribers with him ; that he had spoken of their obligation only in relation to his accusation. Bal- merino, moderator of that committee, spoke very pathetically for the truth of Montrose's words. The assembly passed by what concerned Montrose, or any particular person ; and, in answer to the par- liament's question, a committee was appointed for that end, drew up their wise answer penned by the moderator, making that band to be unlawful, and not obligatory of any ; making those that will not subscribe censurable, and passing in those who sub- scribe what is bygone, and well buried by the com- mittee of parliament. The banders that were pre- sent, Kinghom, Seaforth, Ldur, did presently sub- scribe. Mr Blair aud Pollock were sent up to Mon- trose to acquaint him with what was past. He spoke to them with a great deal of respect to the assembly, seemed to insinuate his willingness to subscribe what the moderator and clerk would require. Some made the motion, which the moderator much ap- plauded, that as some from the parliament had been very happy instruments to take some differences away, which were like to arise in the assembly ; so it were meet to offer to the parliament the labours of any they thought meet in the assembly, to help to remove what difference was betwixt the mem- bers of parliament. This motion was from zeal to peace, but not upon consideration of present cir- cumstances ; that the difference was not betwixt any particular men, but alledged crimes of high treason against the state, which could not be by counsels, being cited, aud they standing to their defence. Yet D. Strang and Mr Andrew Cant, who were to carry our answer to the parliament's question anent the band, were burdened with the foresaid over- tures ; the impertinency whereof the parliament miskent, and passed without an answer. AH this passed on Monday before noon. Tlie other motion, which on Saturday before noon perplexed us, was the moderator's petition of liberty to transport from Edinburgh. At the beginning we took it but for jest ; but it proved earnest. He assured us, his voice was for no church in the town ; that continu- ally he was unhealthy there, aud not so any where else : that to keep him there was to kill liim ; and that in the act of his transportation from Leuchars, there was an express clause of liberty for him to transport when the publick commotions were settled, if he found that town disagreeable with his health. The city of Edinburgh was extreme averse ; beside the loss of that incomparable man, thought it a dan- gerous preparative to have any of their ministers transported by assemblies. They offered to buy him an house, with good air and yards ; to preach only when he would ; to go freely, if his health was not tolerable. They were so much the more averse, because St Andrew's sued at that time in a bill for his transportation to be principal of their college. He pressed his liberty, shewing his great errand out of England was troublesome. This reason from the assembly — some imputed his earnestness to some malecontentment from some of the wives speeches the last year of him for their well, against their humour in innovating ; but he affirmed health was the only ground of his petition, and if it should not fail," notwithstanding of his liberty, he should not remove ; and if he did, he would not go to St An- drew's, but to some quiet landward charge. After noon there was a long debate for the pres- bytery of Sky. Glasgow assembly annexed it to the provincial of Argyle. Upon the petition of one, Edinburgh had annexed it to the provincial of Ross. They had kept neither. Argyle pleaded for the renewing the act of Glasgow ; Seaforth tor the seal- ing the act of Edinburgh. After long debating of reasons, it was referred by the commissioners of the assembly to the parliament to determine. Monday the ninth, before noon, besides the things already said, the presbytery of Newcastle, wrote a letter of complaint, that there was a great neglect in many presbyteries to supply the armies with mnisters ; it was provided for ; The afternoon was our last session. The answers to the King's letter, 1642.] KIRK OF SCOTLAND. 309 to the English letters, and to Durie's letter, were read. The drawing up the directions of the Cate- chism, of the Confession, of the Form of Govern- ment, these were laid on Mr Alexander. His liberty was voiced, and granted, to the no small miscontent of Edinburgh. Hence thanks were given to God for his sensible and most special assistence ; 23d psalm sung. Next assembly voiced at St An- drew's July 27. Commissioners, to the number of thirty or forty, with some sixteen elders. Those of a province might serve by turns ; so, after the first meeting, I got leave to go home. You have here an account of the assembly, so far as my weak memory, without any notes to count of, can furnish. What I shall hear of the parlia- ment, of Montrose's process, of the King's pro- ceedings, who came here, to our great joy, on Sa- turday the 14th, you shall shortly receive. What information I got from London you have here in- closed ; the evil illegal writ of Sir Thomas Dishin- toun contains a journal of that parliament for some weeks. Robert Baillie. Kilwinning, August 20, 1641. GENEEAL ASSEMBLY, AT ST ANDREW'S, 1642. It is not necessary to recapitulate such of the pro- ceedings of the immediately preceding Assembly as are introduced in the printed Acts. But a few par- ticulars, not thus recorded, may he slightly adverted to. Mr John Guthrie, the ousted Bishop of Moray, petitioned that Assembly that his benefice might be kept vacant for some time ; hut the Assembly dis- regarded his petition, and ordered his charge to be filled up, by the Presbytery of the hounds, without delay. They, however, reponed Mr Andrew Logie, who had been deposed by the Presbytery of Aber- deen ; and overtures relative to the Universities (of which, to its credit, the Presbyterian Church never lost sight) were adopted, and ordered to be submitted to Parliament. The schism of the preced- ing year about private conventicles still continued ; and their great patron, Mr Henry Guthrie, still fanned the flame, to quench which, it was necessary to " misken" or overlook the Aberdeen Act upon the subject, and frame a new one agamst impiety and schism. A case of Conscience, though for a political purpose, was submitted to the Assembly by a deputation from Parliament, relative to a Bond into which Montrose and others had entered, and which was thought inconsistent with the Covenant. The Assembly not only gave a deliverance suited to the views of the predominant party in Parliament, but volunteered then: advice and assistance to it, which, however, was declined. In consequence, probably, of the brotherly communings which had recently taken place betwixt the Scotch and Enghsh nonconformists in London. A number of the latter wrote an Epistle to the Moderator touching Presby- tery and Independency, and an answer was re- turned, intimating the unanimous adherence of the Scottish Church to Presbytery and its aversion to the other system ; and a proposition was also mooted for framing a new Confession of Faith, Catechism, and Directory for public worship, &c., as a platform for an extensionof Presbytery to England — aschemewhich, ere long, was matured in the Westminster Assem- bly, and by the " Solemn League and Covenant," of which we shall have to treat on a future occasion. Of the minor concerns, we may mention the appointment of a committee to adjust the state of the churches in Orkney, Zetland, Lochaber, and the Isles ; an application for erecting the Presbytery of Biggar; the rejection of applications from Aber- deen to translate George Gillespie and Edward Wright from Glasgow, and an Assistant at Scots- craig — but, to quiet the murmurs of the applicants, they got John Oswald from Pencaitland, which made room for David Calderwood, the well-known chro- nicler of the Kirk, from Crailing in Teviotdale. Among the other removes that took place at that Assembly, Mr Andrew Ker was transferred from Carriden to Linlithgow, William Bennet to Edin- burgh, and John Colins to Glasgow ; and Alexander Henderson sought and obtained leave to retire from Edinburgh to a rural parish, of which permission, however, he never availed himself. During the sitting of that Assembly, an awkward occurrence took place in the person of a Mr Thomas Lamb, a minister in Peebleshire, who, having killed a man on the road betwixt Leith and Edinburgh, was tried, condemned, and executed for the act. Many complaints by ministers for want of adequate sti- pends, were given in, and referred, as a matter of necessity, to the Parliament — the Churchnot having yet discovered anymode of accomplishing that object, otherwise than by the civil authority, although in these four last Assemblies it had assumed the pre- rogative of removing and transplanting ministers at its pleasure, without consulting ' either patrons or people, so far as we have been able to discover. Many matters were left over unfinished, and re- mitted to a Commission — the first, it has been alleged, (erroneously, we think,) in the history of the Church, on whom such powers were devolved. The Assembly terminated by appointing its next meeting at St Andrew's, on the 27th of July, 1642. As already noticed in a preceding chapter, the treaty of peace betwixt the two kingdoms was con- cluded on the 7th of August 1641.* Immediately after, on the 9th, his Majesty left London, and pro- ceeded to Scotland. He arrived about the middle of that month at Edinburgh, having, in the course of his journey, interchanged courtesies with the chief of the Scottish army, which was still in the north of England. But his reception was far differ- ent in the Scottish capital from that which he had * Vide Documents. 310 RECORDS OF THE [1642. experienced in 1633 on the occasion of his corona- tion. The Covenanters were now triumphant in all their pretensions, not solely by moral, but visibly by the influence of overbearing physical force. By the terms of the treaty, and its inevitable sequences, the executive sceptre was wrenched from the hand of the King ; the prerogatives of monarchy were one and all extinguished in Scotland and assumed by the Estates ; and, as he had formerly meditated the assumption of undue authority, he now tasted a bitter retribution. Charles, the descendant of above a hundred Scottish Kings, virtually bowed Ms " dis- crowned head" in the palace of his fathers, beneath the victorious banner of " THE COVENANT." The Scottish Estates, which had been continued from time to time, reassembled on the 15th of July 1641, before the treaty was yet completed. The con- vention atfirstconsistedof one hundred and forty-five members, of whom thirty-nine were of the nobility, forty-nine barons, and fifty-seven burgesses. * Lord Burlie was chosen President ; and it was agreed on that the Estates should sit till the 17th of August, when the King or his Commissioner was expected to be present, and should prepare business, but not determine anything except the most urgent afiairs for the public service. This Parliament was new- modelled, arbitrarily, (as indeed were all its pro- ceedings from the first,) by the exclusion of the eldest sons of Peers, who previously had access to it — an exclusion which excited no little discontent among the rising aristocracy — and the Clergy,- the Lords of Session, the Lord Advocate, and " all dis- affected members," were debarred from taking any part in its deliberations ; and, among other stretches of its assumed intrinsic power, it ordered Tra- quair's Declaration, as already notioed,i" at the close of the Assembly 1639, to be delete from the register of Privy CouncU ; as if such a proceeding could extinguish the document, which still stands on record, though partially obliterated. In short, it was a packed and arbitrary convention, having no legal authority, according to the ancient constitution of Scotland, until after the King had sanctioned its past and pending proceedings by an ex post facto concurrence, in terms of the concessions which had been extorted from him by the joint coercion of the House of Commons in England, and the Scotch Commissioners in London. On the 17th of July, among their preparatory measures, proceedings against the incencUia/nes were commenced. These were John Earl of Traquair, Sir Eobert Spottiswood of Dunipaoe,t Sir John Hay, Clerk-Register, Dr Walter Balcanquell, and John Maxwell, late Bishop of Eoss ; and in the list of the proscribed were James Earl of Montrose, Archibald Lord Napier, Sir George Stirling of Keir, and Sir Lewis Stewart of Blackball. * Yide Balfour, vol. iii., pp. 4-9. t Vide j>. 235, Minutes of Parliament. Acts, vol. v., p. 360. J Son of the Archbishop, and President of the tpficinn It would be foreign to our task were we to enter on the grounds of imputation against these parties ; and it belongs rather to the biography of the indivi- duals, or the political history of the times, than to our humble track, to elucidate the nature and extent of their alleged offences against the compulsory unity prescribed by the Covenant and its rigid interpreters — armed with supreme and irresistible power. But we may be permitted to remark, that it is no ways surprising that good and honourable men, who, either as avowed friends of the King, or as honest Covenanters, in 1637, had voluntarily adopted, or from compulsion yielded to a predomi- nant power, discovered good and sufficient grounds, in the interval of four years of intestine commotion, intrigue, and factious procedure — ^more especially after the invasion of England and the treaty in London — to shrink from following in the courses of the "Root and Branch" combination which had sprung up in both kingdoms during the past year. "Without at all entering on the minutiae, we are not prepared to concur with some enthusiastic admirers of the Covenanters in condemning those proscribed individuals, because they deprecated or dissented from the radicalism (a modern term, but suffi- ciently intelligible) of the seventeenth century, being satisfied perhaps, as we believe they were, that it was not identical either with reform or religion, and that its spirit and its tendency were inevitably, as they proved to be at no distant period, subversive alike of a constitutional monarchy, and of the civil and religious liberties of the land. Betwixt the conclusion of the treaty of Berwick and that of London, the cause of the Covenant had entirely changed its character ; and if men of the present day will study with calmness and impartiality the whole progress of these troubles, and examine care- fully the acts of the Scotch Convention, and those of its negotiators, he cannot fail, we think, to dis- cern, in the authentic records of Parliament and otherwise, the most conclusive proofs that that convention exercised an unlawful and despotical authority, and employed it for the most vindictive and selfish purposes. Let one of its decrees suffice as a test of the ruling power. The convention declared, that in the proceedings against the pro- scribed individuals, members of the house might be witnesses as well as judges ! But we proceed with the narrative of events. The King arrived at Holyrood about six o'clock in the afternoon of Saturday the 14th of August, having but a small attendance. The Palatme, however, with the Duke of Lennox, the Marquis of Hamilton, and Lord Willoughby, were in his train. On the Sunday following, he attended divine service in the Chapel-Royal, where Alexander Henderson officiated. The King, however, did not return in the afternoon ; " but," says Balfour, " being wearie, reposed himself in privat ;" and Baillie tells us, with his wonted simplicity, that " being advertised by Mr Alexander, he promised not to do so again. Mr Alexander in the morning, and evening before 1642.] KIRK OF SCOTLAND. 311 supper, daily says prayers, reads a chapter and sings a psalm, and says prayers again. The King hears all duly ; and we hear none of his complaints for want of a liturgy or any ceremonies. On Mon- day, the King came not abroad." Balfour, however, with all the minuteness and circumstance befitting a " Lord Lion King-at- Arms," narrates a number of particulars. The King held a council, where it was discussed, whether there should be a " ryding" of the Parliament next day ; but, as may easily be conceived, the King had no spirit, in his present humiliating circumstances, to take part in a hollow-hearted pageant ; and it was resolved that he should hear sermon in the Abbey Church, and then proceed in his coach to the Parliament. "After Mr Andrew Ramsay's long sermon,"* this course was adopted; and we cannot better paint the scene than we find it in Balfour's Annals :-t- — " The Marques Hamilton ves ordained to beare the croune, the Earle Argyle the scepter, and the Earle of Sutherland the suord. " The Kinges Ma*"" came to the hous about 11 houres, the heraulds preoeiding the honors, and the trumpets them. " At his Ma*'°° entrey wnto the hous, the Laird of Langtone, with a batten in his hand, went befor the honors as grate wsher, and offred to make ciuill interruptione for mantinence of his right aganist the Eaile of Vigtone. The King reteired to the inner roume in a choler, and ther subscriued a var- iant to put the La : of Langtone in the castle. " Then did his Ma*'' enter the hous, and sitts him doune in his chaire, and, after a prayer said by Mr Alexander Hendersone, hes Ma"" kyndly saluting the housse, spake thus : — " ' My Lords and Gentlemen, " ' Ther hath beine nothing so displeassing to me, as thosse vnluckie differences vioh of laite haue hap- ned betuix me and my subiects ; and nothing that I haue more desyred as to see this day, quherin I houpe, not onlie to setle thesse vnhapey mistakinges, bot rightly to know and be knowen of my natiue countrey. I neid not tell you (for I think it is well knouen to most) quhat difficulties I haue passed by and ouercome to be heir at this tyme ; zet this I will say, that if loue to my natiue countrey had not beine a cheiffe motiue to this ioruey, other respects might easily haue found a shift to doe that by a commissioner, wich I am come to performe my- selue. Al this considered, I cannot doubt bot to find such j;eall testunonies of your afi'ections for the mantinance of that royaU pouer wich I doe inioy after a 108 discents, and wiche you haue so often professed to manteine, and to wich your auen nationall othe doeth oblidge you, that I shaU not thinke my paines ill bestoued. Nou the end of my coming is shortly this, to perfecte quhatsoeuer I haue promissed, and withall to queit thosse dis- tractions wich haue and may faU out amongest you ; * Baillie, vol. i., p. 324. + Vol. iii., p. 40. and this I mynd not superficially, bot fully and cheirfully to doe ; for I assure you, that I can doe noething vith more cheerfulnesse then to giue my people content and a generall satisfactione. Wher- for, not oifring to indeere myselue to you in vords, (wich indeid is not my way,) I desyre, in the first place, to settle that wich concerns the religione and iust liberties of this my natiue countrey, befor I proceid to aney wther acte.' " The Lord Burlie, president of the parliament, in name of the housse, made a prettey speiche to hes Ma"", of thankes for all the former demonstra- tiones of his goodnes, and expressiones of loue to his Maiesties ancient and natiue kingdome. " And therafter the Earle of Argyle did second the president, with a short and pithy harraing, com- paring this kingdome to a ship tossed in a tempest- ous sea, thir zeires by past ; and seing his Maiesty had, lyke a skillfull pilote, in the tymes of most danger, steired her throughe so maney rockes and shelwes, to sane anchor, he did humbly intreat his Ma"° that nou he wold not leaue her, (since that for her saftie he had giuen way to cast out some of the naughtiest baggage to lightin her,) bot be gra- tiously pleassed to setle her in her secure statione and harbour againe. " Hes Ma"" offred to ratifie the 39 actes of this pari: 22 Junij, 1639 [40] which the housse humbley intreated hes Maiestie to superseid, till, according to the orders of the housse, they had taken them 24 houres to ther considerations ; wich with a declaratione insert in the recordes of pari : of hes Ma""* villingnes to doe that, and the housses earnist and humble supplicatione to his Ma'" for keiping the orders of the housse ; to wich he condescendit. "The housse did humblie supplicat hes Ma"» that he wold not comitt Langtone to the castle, and so dismember ther housse. His Ma"= declared, that he [had] not done it for the respecte of aney subiecte, bot for the affront done to his auen per- sone, for intruding him in his seruice without acquanting hes Ma"" therwith. After much intretey, his Ma"" wes gratiously pleassed onlie to confyne him till to morrow to his auen chamber. So with a prayer, his Ma"' returned to his palace of Holy- rudhousse to dinner. " The croune, scepter, and suord, wer lefte in the pari ! housse, in custodey of the Lordes Constable and Marishall till the last day of the pari : and ordained by his Ma"« eurey day to be produced, and by the Lyone K. of Armes layed one the table befor the throne." Baillie's account is not less significant of the King's feelings on this occasion. " He spoke very graceously. The Preses and then Argyle answered him with cordial harangues of welcome. His Majesty offered presently, without delay, to put his sceptre to the thirty-nine Acts of Parliament enjoined in the treaty. He was intreated, accord- ing to the order of the house, to suspend till to- morrow; at which time he pressed again that he might ratify the Acts. He was intreated to delay 312 RECORDS OF THE [1642. till the return of the Commissioners, who were pre- sent at the treaty : at last he was intreated so to do." (Vide also Acts, vol. v., p. 362.) The day following Balmerino was chosen Presi- dent in place of Burlie — ^and the King consented to defer his ratification of the Acts passed on 22d of June 1640, till the return of the Scotch Commis- sioners ; meanwhile, all the incendiaries who were tangible were imprisoned in the castle, and a variety of preparatory steps taken for energetic legislation ; and the Covenant, as a matter of course, was dis- played. On the 24th of August, the Treaty betwixt the Commissioners of both Kingdoms, ratified in the Parliament of England, was read ; and the same day another Act of the English Parliament for pay- ment of £110,000, of the "brotherly assistance" at Midsummer 1642, and a similar sum in 1643, was produced. Orders for disbanding the army, and paying it off were also issued. On the 25th of August, the King signed the treaty with England in face of Parliament. Next day, it was ratified as an Act, by touching with the sceptre, and the royal sign manual — ordered to be exemplified under the great seal — and delivered to the English Commis- sioners ; and on the 28tli, his Majesty, with con- sent of the Estates, ordained the Acts, passed in June 1640, being in number thirty-nine, to be pub- lished in his Majesty's name, in terms of the treaty.* And thus Charles I., with all these formal solemni- ties, ratified a series of statutes, which, up to that hour, were utterly destitute of legal sanction — aban- doned all his ill-advised schemes of ecclesiastical policy, and substantially, as will speedily appear, relinquished the most important prerogatives of the crown — devolving its functions entirely into the hands of an encroaching and tyrannical popular convocation, whose sole authority was derived from the power of the sword, and not from the constitu- tional law of the land. The extent to which the Estates meant io cairy their pretensions, was speedily exemplified ; for, on 6th September, the demand made by the Commis- sioners in March preceding, as to the appointment of the Ofiicers of State, Privy Counsellors, and Lords of Session, was read in the house ; and, on the 1 6th, the King signified to the Estates that he would nominate the executive officers of his government above alluded to, with " the advice" of the Estates ; thus transferring the undoubted and constitutional prerogative, which, except in those troublous times, has ever belonged to the Sovereign of these realms, into the hands of the Parliament, and combining, in one popularly constituted and self-created body, both the legislative and executive functions : a sys- tem of government which has ever been found alike injurious to the cause of genuine freedom, and mis- chievous in its consequences to society, wherever it has existed. As might be expected, when " the house had receaved this gratious ansswer from his ' Vide Acts, vol. v., p. 370, 371, &c. Majesties owne mouthe, they all arrosse, and bowed themselves to the ground."* The results of this most unwise act of the King was speedily manifested in the apponitments which followed. Onthe 20th dayof the same month, (vide Acts, vol. v., 406,) the King exhibited lists of privy-counsel- lors and officers of state, expressing a hope that the housewouldonly state reasonable objections. Argyle, however, vehemently objected to Morton as chancel- lor. The latter retorted that for twenty years he had educated and protected Argyle, and had obtained for him the numerous beneficial possessions and honours which he enjoyed. The advice of the house was procrastinated ; and on the 22d a, proposal was made that the dection of the officers of state and counsellors should take place " by billets or sche- dules," on the ground that " men, for feares or houpes, might stand in awe to use the liberty of their consciences !" The King justly remarked that, in his opinion, " that man that feared to voice freelie was not worthy to sitt in the House." There was much debate on the subject. Morton, to avoid dis- sension betwixt the King and the People, besought that his name as chancellor might be withdrawn ; and subsequently his Majesty proposed Loudoun as chancellor, and urged the house to give its fiat upon his list ; and, at length, after much delay and heart- burning, Loudoun was named Lord Chancellor, with the unanimous concurrence of the house, but to the disappontment of Argyle, who evidently aspired to the office. During this interval, the struggles and intrigues which prevailed for place and for power, were incessant; and bitter jealousies among the " covenanted" statesmen, sprung up as rife as among men of less spiritual pretension. The treasury was put in commission, to divide the power and emolument among the parties, when Glencairn, Lindsay, and Argyle were fitted with places. Or- biston was patronised by Hamilton for the office of Clerk-Eegister, (Hay bemg under process,) while Johnston was the elect of his adherents; but, ultimately, Gibson of Durie was appointed and Johnston was dubbed a knight, and, for his consola- tion, appointed a Lord of Session, and Orbiston made Justice-Clerk. The Marquis of Huntly and eight other Lords nominated by the King, were superseded, and an equal number of the covenanting Lords substituted in their place as Members of Council. And, to make room for their friends. Sir Robert Spottiswood, (President of the Session,) Sir William Elphingston, (Justice-Clerk,) Sir John Hay, and Sir Patrick Nisbit, were removed as judges, and Leslie of Newton, Sir Thomas Hope, (the Lord Advocate's son,) Hepburn of Huntly, and Jolmston appomted in their stead. Having now moulded the executive departments to their own satisfaction, and reduced the royal authority to a shadow, the Parliament proceeded in the work of reformation at a rapid pace. The conformation of the executive at that time being eminently illustrative of the spirit * Balfour, vol. iii., p. 65. 1642.] KIRK OF SCOTLAND. 313 of the Scottish Estates, we subjoin, in a, note, a list of the functionaries who were installed under the first reformed Parliament of Charles I.,* leaving all details of Parliamentary proceedings and squabbles among the jarring factions which then prevailed, to be gathered from the appropriate chronicles of the times. While the King was resident in Scotland during these transactions, and harrassed by the unceasing turmoils among the leading men in his northern parliament, and tortured with the rising flame of faction in England, the natural effects of those com- motions, and the total disruption of society in Bri- tain, were fearfully developed in Ireland. On the 1st of November 1641, his Majesty received, by express, accounts of a rebellion and widely extended massacre by the Papists of Ireland, of his Protestant subjects in that portion of his empire. Of that rebellion we shall extract an account from the pages * The following lists of officers of state, &c., (from Balfour's Anuals, vol. iii., p. 148,) when compared with the rolls of the Assemblies in 16.38 and 1639 shew, that the former of these, (and, indeed, the Utter, too,) were quite as much political as eccle- siastical conventions. The lay leaders of the Tables, and in the Assemblies, were just the identical per- sons who had mounted on the ecclesiastical ladder to political power and place : — " The 3 estaits of pari : hes delett out of the roll of counsellers giuen in by hes Maiesty, thesse fol- louing — viz., George, Marques of Huntley ; Villiam, Earle of Airth and Menteth ; Alexander, Earle of Linlithgow ; James, Earle of Home ; Patrick, Earle of TulUbardyue ; Alexander, Earle of Galloway; Villiam, Earle of Dumfreis ; Robert, Earle of Carn- wathe. And in ther places the 3 estaits did put in Johne, Earle of Sutherland ; Villiam, Earle of Lou- thean ; Alex: Earle of Dalhousie ; Johne, Lord Zester ; Johne, Lord St. Claire ; Johne, Lord Bal- merinaclie ; Eobert, Lord Burlie. " Acte aneut the nominatione and electione of the counsellours votted and past, according to this sub- sequent roll ! — James, Duck of Lennox and Rich- mond ; James, Marq: of Hamilton ; Archbald, Earle of Argyle ; Villiam, Earle of Marishall ; Johne, Earle of Sutherland ; Johne, Earle of Mar ; Alex: Earle of Eglintone ; Johne, Earle of Cassiles ; Villiam, Earle of Glencairne; James, Earle of Murray ; Johne, Earle of Perth ; Charles, Earle of Dumfermling ; Johne, Earle of Vigtone ; Johne, Earle of Kingorne ; George, Earle of Seaforte ; Johne, Earle of Lauderdaill ; George, Earle of ICinnoule ; Villiam, Earle of Louthean ; Dauid, Earle of Southesoke ; John, Earle of Wymees ; Alex: Earle of Dalhousie ; James, Earle of Fiu- later ; Alexander, Earle of Leuin ; Archbald, Lo: Angus ; Johne, Lo: Lindesay ; Johne, Lo: Zester; Johne, Lo: St. Claire ; Alex: Lo: Elphingstone ; Johne, Lo: Balmerinoche ; Robert, Lo: BurUe ; James, Lo: Amont ; Alexand', Lo: Balcarras ; S' Eobert Gordon, Vice Chamberlaine ; S' Patrick Hepburne of Vaughtone: S' Villiam Douglas of Cauers ; S"' Ja: Dundas of the same ; Thomas Myr- tone of Camwo ; S' Dauid Grhame of Fintrey ; S' Johne Erskyne of Dune ; S' Robert Grhame of Morphie; S' Robert Innes of the same ; Prouestof dinbrughe for the tyme. " Acte anent the nominatione and electione of thesse officers of estait retained in ther places, votted of Hume, whose liberality will scarcely be called in question by the most liberal parties of the present day, iu regard to religious sects of all sorts ;* and this we prefer to any attempt of our own, lest our Presbyterian leanings might subject us to miscon- struction in exhibiting the characteristics of that atrocious occurrence. It is an episode, doubtless, in the annals of the Church of Scotland, but an episode, closely connected with that history, and full of instruction at the present day — and not the less so that the conflagration which overspread Ireland with horrors, was kindled by the fires which were first lighted up on Dunse Law and at Newburn. The moral of that sad tale may be practically applied with important benefit in the passing hour, when disruption in our constitutional establishments is imminent, when democracy is stalking abroad with its torch and its dagger, and when incendiarism and murder are perpetrated in Ireland to an appalling extent with impunity, and seemingly beyond the reach of repression in that devoted land. " After Strafford fell a victim to popular rage, the and past accordinng to this ensewing roll, they all beiung includit within the roll of counsellers also, viz : — " 1. Jo: Lord Loudon, Chancelour ; " 2. Commissioners for the office of Thesaurer, 3 of them to be a coram, votted, viz. : — Chancelour, Argyle, Glencairne, Lindesay, Th" depute. " 3. Earle of Roxbrughe, Lo: Priuey Seall ; "4. Earle Lanricke, Secretarey; " 5. Mr Alex: Gibsone of Durie, Gierke Register; " 6. S' Tho: Hope of CraighaU, Aduocat; " 7. S''Jo:HamiltonofOrbeston, Justice Gierke; " 8. S' Ja: Carmichell of the same, Th" depute ; " 9. S' Ja: Galloway, Master of Requysts. " Supernumerarey counsellours, so called in his Maiesties rolls, wotted and approuen by the housse, wer : — Thomas Houard, Earle of Arundaill; Philipe Herbert, Earle of Pembrock and Montgomerey ; Villiam Cicill, Earle of Sarisburrey ; Henrey Riche, Earle of Holland ; Lord Villoughbie ; Eduard, Lord Houard; S' Henrey Vaine, Secretarey for Eng- land ; S' Johne Cooke, knight. " Acte anent the nominatione and electione of the ordinar and extraordinar Lordes of the Session, conforme to this roll, votted and approuen by the housse : — S' George Erskyne of Innerteill ; S' Alex: Gibsone of Durie, elder; S'' Andrew Fletcher of Innerpepher: S'' James Lermonth of Balcomey; S' George Halibrunton of Fodrens ; S' James Mack- gill of Cranston-Ridell ; S' Johne Hope of Crage- hall ; S' Johne Hamilton of Orbestone ; S' John Scott of Scottstaruett ; Sir James Carmichell of the same ; S' Alex: Falconer of Halcartone. Thesse foure follouing, by the estaits wer putt from ther places in Sessione, for cryraes lybelled aganist them : — S' Rob: Spotswood, President; S' Jo: Hay, Gierke Register ; S' Vill: Elphingstone, Justice Generall ; S' Patrick Nisbett of Eastbaucke. And in the place of thir forsaid foure, the estaitts put in John Lesley of Neutone ; S' Thomas Hope of Kers ; Mr Adam Hepburne of Humble; Mr Archbald Ihonstone, Gierke of the Generall Assembley. Extraordinarey Lordes of the Sessione, wotted and approuen by the housse this day, wer: E. Argyle, L. Angus, L. Lindesay, L. Balmerin- oche." * Hume's History, vol. vii., pp. 5-14. 314 RECORDS OF THE [1642. humors excited in Ireland by that great event could not be suddenly composed, but continued to produce the greatest innovations in the govern- ment. " The British Protestants, transplanted in Ireland, having every moment before their eyes all the hor- rors of Popery, hiid naturally been carried into the opposite extreme, and had universally adopted the highest principles and practices of the Puritans : monarchy, as well as the hierarchy, was become odious to them ; and every method of limiting the authority of the Crown, and detaching themselves from the King of England, was greedily adopted and pursued. They considered not, that as they scarcely formed the sixth part of the people, and were secretly obnoxious to the ancient inliabitants, their only method of supporting themselves was by maintaining royal authority, and preserving a great dependence on their mother-country. The English Commons, likewise, in their furious persecution of Strafford, had overlooked the most obvious conse- quences ; and, while they imputed to him, as a crime, every discretionary act of authority, they despoiled all succeeding governors of that power, by which alone the Irish could be retained in subjec- tion : and so strong was the current for popular government in all the three kingdoms, that the most established maxims of policy were everywhere abandoned, in order to gratify this ruling passion. " Charles, unable to resist, had been obliged to yield to the Irish, as to the Scottish and English ParUaments ; and found, too, that their encroach- ments still rose in proportion to his concessions. Those subsidies, which themselves had voted, they reduced by a subsequent vote to a fourth part : the court of high commission was determined to be a grievance ; martial law abolished ; the jurisdiction of the council annihilated ; proclamations and acts of state declared of no authority ; every order or institution, which depended on monarchy, was in- vaded ; and the prince was despoiled of all his pre- rogative, without the least pretext of any violence or illegality in his administration. " The old Irish remarked all these false steps of the English, and resolved to take advantage of them. Though their animosity against that nation, for want of an occasion to exert itself, seemed to be extinguished, it was only composed into a temporary and deceitful tranquillity : their interests, both with regard to property and reUgion, secretly stimulated them to a revolt. No individual of any sept, ac- cording to the ancient customs, had the property of any particular estate ; but as the whole sept had a title to a whole territory, they ignorantly preferred this barbarous community before the more secure and narrower possessions assigned them by the English. An indulgence, amounting almost to a toleration, had been given to the Catholic religion : but so long as the churches and the ecclesiastical revenues were kept from the priests, and they were obliged to endure the neighbourhood of profane heretics, being themselves discontented, they con- tinually endeavoured to retard any cordial reconralia- tions between the English and the Irish nations. " There was a gentleman called Eoger More, who, though of a narrow fortune, was descended from an ancient Irish family, and was much celebrated among his countrymen for valour and capacity : this man first formed the project of expelling the English, and asserting the independency of his native country. He secretly went from chieftain to chieftain, and roused up every latent principle of discontent : he maintained a close correspondence with Lord Maguire and Sir Phelim O'Neale, the most powerful of the old Irish : by conversation, by letters, by his emissaries, he represented to his countrymen the motives of a revolt. He observed to them, that by the rebeUion of the Scots, and factions of the English, the King's authority in Britain was reduced to so low a condition, that he never could exert himself with any vigour in main- taining the EngUsh dominion over Ireland ; that the Catholics in the Irish House of Commons, assisted by the Protestants, had so diminished the royal prerogative and the power of the lieutenant, as would much facilitate the conducting, to its de- sired eifect, any conspiracy or combination which could be formed ; that the Scots, having so success- fully thrown off dependence on the crown of Eng.. land, and assumed the government into their own hands, had set an example to the Irish, who had so much greater oppressions to complain of ; that the Enghsh planters, who had expelled them their pos- sessions, suppressed their religion, and bereaved them of their liberties, were but a handful in com- parison of the natives ; that they lived in the most supine security, interspersed with their numerous enemies, trusting to the protection of a small army, which was itself scattered in inconsiderable divisions throughout the whole kingdom ; that a great body of men, disciplined by the government, were now- thrown loose, and were ready for any daring or des- perate enterprise ; that though the Catholics had hitherto enjoyed, in some tolerable measure, the exercise of their religion from the moderation of their indulgent prince, they must henceforth expect that the government will be conducted by other maxims and other principles ; that the puritanical parliament, having at length subdued their sove- reign, would, no doubt, as soon as they had conso- lidated their authority, extend their ambitious enter- prises to Ireland, and make the Catholics in that Kingdom, feel the same furious persecution to which their brethren in England were at present exposed ; and that a revolt in the Irish, tending only to vin- dicate their native liberty against the violence of foreign invaders, could never, at any time, be deemed rebellion ; much less during the present confusion, when their prince was, in a manner, a prisoner ; and obedience must be paid, not to him, but to those who had traitorously usurped his lawful authority. " By these considerations. More engaged all the heads of the native Irish into the conspiracy. The English of the pale, as they were called, or the old 1642.] KIRK OF SCOTLAND. 315 English planters, being all Catholics, it was hoped would afterwards join the party, which restored their religion to its ancient splendour and authority. The intention was, that Sir Phelim O'Neale and the other conspirators, should begin an insurrection on one day throughout the provinces, and should attack all the English settlements ; and that, on the same day. Lord Maguire and Roger More should surprise the castle of Dublin. The commencement of the revolt was fixed on the approach of winter, that there might be more difficulty in transporting forces from England : succours to themselves and supplies of arms they expected from France, in con- sequence of n, promise made them by Cardinal Richelieu ; and many Irish officers, who served in the Spanish troops, had engaged to join them as soon as they saw an insurrection entered on by their Catholic brethren. News, which every day arrived from England, of the fury expressed by the Com- raons against all Papists, struck fresh terror into the Irish nation, and both stimulated the conspirators to execute their fatal purpose, and gave them assured hopes of the concurrence of all their countrymen. " Such propensity to a revolt was discovered in all the Irish, that it was deemed unnecessary as it was dangerous to entrust the secret to many hands ; and the appointed day drew nigh, nor had any discovery been yet made to the government. The king, in- deed, had received information from his ambassa- dors, that something was in agitation among the Irish in foreign parts ; but, though he gave warning to the administration in Ireland, the intelligence was entirely neglected : secret rumours likewise were heard of some approaching conspiracy ; but no attention was paid to them. The Earl of Leicester, whom the King had appointed lieutenant, remained in London : the two justices. Sir William Parsons and Sir John Borlace, were men of small abilities ; and, by an inconvenience common to all factious times, owed their advancement to nothing but their zeal for the party by whom everything was now governed. Tranquil from their ignorance and inex- perience, these men indulged themselves in the most profound repose on the very brink of destruction, " But they were awakened from their security on the very day before that which was appointed for the commencement of hostilities.* The castle of Dublin, by which the capital was commanded, con- tained arms for 10,000 men, with thirty-five pieces of cannon and a proportionable quantity of ammu- nition : yet was this important place guarded, and that too without any care, by no greater force than fifty men. Maguire and More were already in town with a numerous band of their partisans ; others were expected that night : and, next morning, they were to enter on what they esteemed the easiest of all enterprises, the surprisal of the castle. O'Co- noUy, an Irishman, but a Protestant, betrayed the conspiracy to Parsons : the justices and council fled immediately for safety into the castle, andrein- * Oct. 22, 1641. Rush. vol. iv., p. 399. forced the guards : the alarm was conveyed to the city, and all the Protestants prepared for defence. More escaped ; Maguire was taken ; and Mahone, one of the conspii'ators, being likewise seized, first discovered to the justices the project of a general insurrection, and redoubled the apprehensions which already were universally diffused throughout Dublin. " But though O'Conolly's discovery saved the castle from a surprise, the confession extorted from Mahone came too late to prevent the intended in- surrection. O'Neale and his confederates had al- ready taken arms in Ulster : the Irish, everywhere intermingled with the Enghsh, needed but a hint from their leaders and priests to begin hostilities against a people whom they hated on account of their religion, and envied for their riches and pro- sperity. The houses, cattle, goods of the unwary English were first seized : those who heard of the commotions in their neighbourhood, instead of de- serting their habitations, and assembling for mutual protection, remained at home, in hopes of defending their property ; and fell thus separately into the hands of their enemies. After rapacity had fully exerted itself, cruelty — and the most barbarous that ever in any nation was known or heard of — ^began its operations : a universal massacre commenced of the English, now defenceless, and passively resigned to their inhuman foes : no age, no sex, no condition was spared : the wife, weeping for her butchered husband, and embracing her helpless children, was pierced with them, and perished by the same stroke : the old, the young, the vigorous, the infirm, under- went a like fate, and were confounded in one com- mon ruin. In vain did flight save from the first assault ; destruction was everywhere let loose, and met the hunted victims at every turn : in vain was recourse had to relations, to companions, to friends : all connections were dissolved, and death was dealt by that hand from which protection was implored and expected. Without provocation, without op- position, the astonished English, living in profound peace and full security, were massacred by their near- est neighbours, with whom they had long upheld a continual intercourse of kindness and good offices, " But death was the slightest punishment inflicted by those rebels : all the tortures which wanton cruelty could devise, all the lingering pains of body, the anguish of mind, the agonies of despair, could not satiate revenge excited without injury, and cruelty derived from no cause. To enter into par- ticulars would shock the least delicate humanity : such enormities, though attested by undoubted evi- dence, appear almost incredible : depraved nature, even perverted religion, encouraged by the utmost license, reach not to such a pitch of ferocity ; unless the pity inherent in human breasts be destroyed by that contagion of example, which transports menbe- yond all the usual motives of conduct and behaviour. " The weaker sex themselves, naturally tender to their Qwn sufferings and compassionate to those of others, here emulated their more robust companions in the practice of every cruelty : even children, 316 RECORDS OF THK [16-12. taught by the example, and encouraged by the ex- hortation of their parents, essayed their feeble blows on the dead carcasses or defenceless children of the English. The very avarice of the Irish was not a sufficient restraint of their cruelty : such was their frenzy, that the cattle which they had seized, and by rapine made their own, yet, because they bore the name of English, were wantonly slaughtered, or, when covered with wounds, turned loose into the woods and deserts. " The stately buildings or commodious habitations of the planters, as if upraiding the sloth and ignor- ance of the natives, were consumed with fire, or laid level with the ground ; and where the miserable owners, shut up in then- houses, and preparing for defence, perished in the flames, together mth their wives and children, a double triumph was afforded to their insulting foes. " If any where a number assembled together, and, assuming courage from despair, were resolved to sweeten death by revenge on their assassins ; they were disarmed by capitulations and promises of safety, confirmed by the most solemn oaths : but no sooner had they surrendered, than the rebels, with perfidy equal to their cruelty, made them share the fate of their unhappy countrymen. " Others, more ingenious still in their barbarity, tempted their prisoners by the fond love of life, to imbrue their hands in the blood of friends, brothers, parents ; and having thus rendered them accom- plices in guilt, gave them that death which they sought to shun by deserving it. " Amidst all these enormities, the sacred name of religion resounded on every side ; not to stop the hands of these murderers, but to enforce their blows, and to steel their hearts against every movement of human or social sympathy. The English, as heretics, abhorred of God, and detestable to all holy men, were marked out by the priests for slaughter ; and, of all actions, to rid the world of these declared enemies to Catholic faith and piety, was represented as the most meritorious. Nature, which, in that rude people, was sufficiently inclined to atrocious deeds, was farther stimulated by precept, and na- tional prejudices empoisoned by those aversions, more deadly and incurable, which arose from an enraged superstition. WhUe death finished the suf- ferings of each victim, the bigoted assassins, with joy and exultation, still echoed in his expiring ears, that these agonies were but the commencement of torments infinite and eternal. " Such were the barbarities by which Sir Phelim O'Neale and the Irish in Ulster signalised their rebellion : — an event memorable in the annals of humankind, and worthy to be held in perpetual de- testation and abhorrence. The generous nature of More was shocked at the recital of such enormous cruelties : he flew to O'Neale's camp ; but found that his authority, which was sufficient to excite the Irish to an insurrection, was too feeble to restrain their inhumanity. Soon after, he abandoned a cause polluted by_ so many crimes, and he retired into Flanders : Sir Phelim, recommended by the great- ness of his family, aud perhaps too by the unre- strained brutality of his nature, though without any courage or capacity, acquired the entire ascendant over the northern rebels. The Enghsh colonies were totally annihilated in the open country of Ulster : the Scots, at first, met with more favour- able treatment. In order to engage them to a pas- sive neutrality, the Irish pretended to distinguish between the British nations ; and, claiming friend- ship and consanguinity with the Scots, extended not over them the fury of their massacres. Many of them found an opportunity to fly the country : others retired into places of security, and prepared them- selves for defence : and by this means, the Scottish planters, most of them atleast, escaped with their lives. " From Ulster, the flames of rebellion diffosed themselves in an instant over the other three pro- vinces of Ireland : in aU places death aud slaughter were not uncommon, though the Irish in these other provinces pretended to act with moderation and humanity — but cruel and barbarous was their humanity. Not content with expelling the English their houses, with despoiling them of their goodly manors, with wasting their cultivated fields, they stripped them of their very clothes, and turned them out, naked and defenceless, to all the severities of the season. The heavens themselves, as if conspir- ing against that unhappy people, were armed with cold and tempest unusual to the climate, and exe- cuted what the merciless sword had left unfinished. The roads were covered with crowds of naked Eng- lish, hastening towards Dublin and the other cities which yet remained in the hands of their country, men : the feeble age of children, the tender sex of women, soon sunk under the multiplied rigours of cold and hunger. Here, the husband, bidding a final adieu to his expiring family, envied them that fate which he himself expected so soon to share : there, the son, having long supported his aged parent, with reluctance obeyed his last commands ; and, aban- doning him in his uttermost distress, reserved him- self to the hopes of avenging that death which all his efibrts could not prevent or delay. The aston- ishing greatness, of the calamity deprived the suf- ferers of any relief from the view of companions in affliction : with silent tears or lamentable cries, they hurried on through the hostile territories ; and found every heart which was not steeled by native barba- rity, guarded by the more implacable furies of mis- taken piety and religion. " The saving of Dublm preserved in Ireland the remains of the English name : the gates of that city, though timorously opened, received the wretched supplicants, and presented to the view a scene of human misery beyond what any eye had ever before beheld. Compassion seized the amazed inhabitants, aggravated with the fear of like calami- ties ; w hile they observed the numerous foes -with- out and within which everywhere environed them and reflected on the weak resources by which they were themselves supported. The more vigorous of 1642.] KIRK OF SCOTLAND. 317 the unhappy fugitives, to the number of 3000, were enlisted into three regiments : the rest were distri- buted into the liouses ; and all care was taken, by diet and warmth, to recruit their feeble and torpid limbs : diseases of unknown name and species, de- riyed from these multiplied distresses, seized many of them, and put a speedy period to their lives : others, having now leisure to reflect on their mighty loss of friends and fortune, cursed that being which they had saved. Abandoning themselves to despair, refusing all succour, they expired ; without other consolation than that of receiving among their countrymen, the honours of a grave, which to their slaughtered companions had been denied by the in- numan barbarians. " By some computations, those who perished by all these cruelties, are supposed to be 150,000, or 200,000 ; by the most moderate, and probably the most reasonable account, they are made to amount to 40,000 ; if this estimation itself be not, as is usual in such cases, somewhat exaggerated." Such were the calamitous circumstances in which the Kingdoms of Britain and Ireland were placed at the period to which we now refer, arising, prim- arily, from the mistaken policy of the King, in attempting to rule the nations under his sway, (in which the seeds of public liberty had been planted at the time of the Reformation, and had become widely disseminated,) solely by virtue of the royal prerogative, suited only to a very differeut state of society. The dissolution and entire disuse of Par- liaments in England, the wealthier of his Kingdoms — his rash attempt to enforce, by mere authority, an equivocal system of Episcopacy in Scotland — the results of these several unfortunate measures, which we have already detailed — and the fatal error which he committed in sacrificing one of his most heroical and devoted friends, Strafford, to the anti- pathy of the English Puritans and Republicans — combined to produce the lamentable state of affairs which we are now contemplating ; and, assuredly, if ever a human being, in the whole range of history, has claims on our commiseration, that man was Charles I., when, in the month of November 1G41, the tidings of this horrible carnage in Ireland reached him, at Holyrood, in the palace of his ancestors, and in the bosom of his fatherland, of which he was now, indeed, but a nominal sovereign. We pause not to detail the particulars of those jealousies and iarrings, the "plots" and "incidents," which at the moment surrounded him in Scotland, or awaited him in England, on his return thither, of which ample accounts are elsewhere to be found. On receiving the news of the Irish massacre, the King unmediately went to the Parliament House and communicated the intelligence, calUng on the Estates to co-operate with the Parliament of Eng- land in suppressing this frightful rebellion. And although he repeatedly urged them to the dispatch of business, that he might return to England in the exigency of these complicated national affairs, it was not until the I7th day thereafter that he was enabled to prorogue the Parliament — the interme- diate time being consumed in an infinite variety of legislative proceedings, many of them trivial, but others of them eminently calculated to consolidate the supremacy of the Estates, and to benefit and strengthen the Presbyterian Church now firmly established. The first long parliament of Scot- land was adjourned on the 17th of November 1C41, and continued till the 1st Tuesday of June 1644.* The King entertained all the nobility in the great banquet-hall of the palace, in the evening — after having previously bestowed honours on the chiefs among them ; and early next morning, he set out on his journey towards London, never to revisit the home of his fathers, or to look with patriotic emo- tion on the hills of his native land. Without enumerating all the public Statutes of this Parliament, it is important to notice some of them, and the acts of grace and favour bestowed by the King, during his residence, on that occasion. Among the honours conferred, the Earl of Argyle was created a Marquis ; the Lords Loudoun and Lindsay, and General Leslie, were promoted to the rank of Earls ; and, to grace the elevation of the man who had twice been the leader in baffling his King in the field, four of his attendants were knighted. Balmerino was overlooked in this distribution of titles, and Rothes was cut off' by death, from reap- ing, in a higher title, the first fruits of his exertions to shear the crown of its beams ; thus eluding, too, the unpopularity which was impending over him, as a backslider in the cause of the Covenant. In this particular he was not singular ; for Dunfermline and the Lairds of Waughton, Cavers, Riccarton, and others, besides Montrose and his " banders," fell into discredit, on account of their " cauldrifeuess" in the cause ; whilst Hamilton, Traquair, and others were destined to suffer all the varieties of fortune, which political revolutions and popular favour, alter- nately and invariably exhibit. But these were not the only boons which were bestowed by Charles on his Scottish subjects, and which calledforth from the Lord Chancellor, Loudoun, and Sir Thomas Hope, in the face and name of Parliament, at its close, the grateful declaration, that his Majesty had given his Estates satisfaction in all things concerning religion and liberty, and that he was about to depart " a contented king from a contented country." Among the more sub- stantial largesses on this occasion. General Leslie, now Earl of Leven, obtained 100,000 merks out of the " brotherly assistance ;" Alexander Henderson received a gift of the revenues belonging to the dean of the chapel royal ; while other leading men, cities and universities, cast lots for the garments which had previously clothed the Episcopal establishment. The bishopricks and deanery of Edinburgh and Orkney, were bestowed on the university of Edin- burgh, That of St Andrew's obtained £1000 ster- ling per annum, out of the bishoprick and priory * Acts, vol v., p, 519. 318 .RECORDS OP THE [1642. of St Andrew's. The tishoprick of Galloway, and spirituality of Glasgow were given to its college, while the temporalities of the latter were bestowed on the Duke of Lennox. The old college of Aber- deen got its bishoprick revenues. The town of Perth got a moiety of the revenues of Dunkeld, to build a bridge over the Tay ; the Hammermen of Edinburgh (doubtless for services in their own de- partment) receiving the remainder. Argyle secured the revenues of that see and of the Isles, whilst Ross, Moray, and Caithness, were distributed amongst other zealous friends of the cause. These vulgar facts go far to explain some of the public phenomena of " the Second Reformation," and to account for the zeal which had been manifested under the banner, with " Christ's Crown and Covenant, in letters of gold," inscribed upon its foldings. For the working clergy — for the Church, in its ordinary acceptation, nothing was done in this scramble for a share of the plunder; but the discontent thus excited, was partially allayed by the appointment of a Commission to value the teinds, and grant aug- mentations to the parish ministers — a barren and unfruitful gift, which left many of the Presbyterian clergy, for a long period, in a state approaching to pauperism, imtil within the last thirty years, that a decent provision was madef or the maintenanceof the Scottish Church, by an act of the British Parliament.* The only other act of the King and Estates of Scotland in 1641, to which our attention is more especially called at present, is that by which a com- mission of that body was appointed as Conservators of the late treaty of peace with England, and under this guise invested with all the executive powers of the Crown, and the functions of Parliament. It consisted of fifty-six members, of whom seventeen were peers, twenty-one barons, and eighteen bur- gesses, any twelve of them a quorum ; and on this junto was devolved, for the space of three years, with ail the formalities of law, the supreme authority of the state, enabling them to levy men and taxes, and exercise uncontrolled sway over the land as they listed. Henceforward the Scottish monarchy was in abeyance, and the kingly authority and prerogatives extinguished, and the government vested in a motley oligarchy, to whose unlimited sway, no constitutional check was provided, save the remote contingency of rendering an account of their conduct to a full Parliament, to be held at the distance of three years thereafter. This extraordinary arrangement has been lauded by some historians, as a wise and safe measure; but we take leave to dissent from the theory, and to think that, had the royal prerogative of calling parliaments, not been thus practically abrogated for a time, many of the calamities which ensued in both Idngdoms, might have been averted or greatly softened in their character. But leaving Scotland, for the present, under the sway of its Parliamentary Commission, our atten- tion is unavoidably called to the state of matters in * SO George III., c. 89, 15th June, 1810. England, after the King returned thither on the 25th of November. On that occasion he was warmly welcomed by the citizens of London, and sump- tuously banqueted by the corporation, which His Majesty requited by bestowing honours on the chief functionaries. The amicable termination of the Scottish Parliament, and the prostration of royal authority which had there taken place, inspired the English malcontents at once with jealousy, lest their own schemes might eventually be thwarted by a good imderstanding betwixt Charles and hia Scot- tish subjects — and with hopes that, by intimidation and coercion, they might constrain him into a simi- lar subjection to their own designs. For this pur- pose, and in striking contrast with the professions of loyalty which had greeted the King's return to Whitehall, the Commons appointed a committee to draw up a catalogue of grievances, which, when finally concocted in the shape of a " Remon- strance," contained no fewer than 206 articles of accusation, enumerating almost every act of the King since his accession, as infringements of the liberties of the people. This remonstrance, or rather impeachment, was presented to the King, calling on him, amongst other unconstitutional propositions, to concur in ejecting the bishops from the House of Peers ; and, without consulting the other branch of the legislature on the subject, the Commons, in violation of all the usages of Parliament, printed and dispersed it over the country, thereby exciting an agitation, and spreading this firebrand of sedition throughout the whole land. Proceedings of a most violent nature were also instituted against the bishops who had recently absented themselves from Parliament under protest, being deterred from at- tendance by the violence of the mob, which had been incited by the usual methods to insult and assail them personally. And the collision betwixt the King and the Commons was brought to a crisis by His Majesty going to the house in person, to arrest with an armed force, five of its members, as guilty of high treason, by reason of the part which they had acted in various matters. In this he faUed — ^the objects of his resentment having escaped from the effects of his immediate and natural resentment. Failing in his object, the irritation of the Commons was unbounded, and the populace was so much ex- cited by the alarm, real or affected, of the Commons, lest their personal safety and their privileges were endangered, that the King, to avoid iniMgnity and outrage to himself and liis family, (on January 10,) left Whitehall and retired to Hampton Court— a removal which afforded to the Commons and their supporters, the populace of London, a great advan- tage over him. The Commons had impeached the Bishops, and the King had impeached Lord Kunbol- ton, Hampden, Pym, and others of the Commons, as guilty of high treason; one chief ground of the lat- ter being an accusation against them, that the Scots invasion had been mainly occasioned by their invita- tion and encouragement, of which it has been said that Montrose furnished the King with information. 1642.] KIRK OF SCOTLAND. 319 During the progress of these agitations in Eng- land, the spirit which guided them extended to Scotland ; and the multitude, who, once excited by popular movements, are ever liable to sudden im- pulses from incendiary excitement elsewhere, joined in the clamours of the English malcontents, threat- ening to carry another crusade into England, and to aid in the subversion of its Church, and against the King — a project in which they were counte- nanced by too many of the Scotch clergy and poli- ticians of the day. Even Henderson, the best, and, perhaps, the brightest man of which Scotland could then boast, incurred unpopularity for opposing this piece of extravagance. Balmeriuo, Lothian, Lind- say, Archibald Johnston, and Hope the younger, having been sent up by the Scotch Committee of Estates, to negotiate with the English Parliament about sending troops to Ireland, were not contented to restrict themselves within the limits of their com- mission, but renewed their intrigues (as during the progress of the treaty of peace,) with the wildest of the English incendiaries ; and, on the 15th of Janu- ary, 1642, had the audacity, under a pretext of mediating betwixt the King and his English Par- liament, to make written communications to both, embodying the sentiments which they cherished, for the destruction of Episcopacy in England and the planting of Presbytery in its stead. A theory was then prevalent, which has been revived even in more recent times, that Presbytery is clothed with a jus duinum — that it alone and exclusively is the form of ehurch-government sanctioned by Scrip- ture — and that it was the bounden duty of its pro- fessors, like the Propaganda of Rome, to exert themselves in its extension to all the nations of the earth. This phantasy was evidently not merely in- consistent, but irreconcilable with the maxims on which they themselves had avowedly acted in resist- ing the imposition of the Service Book and Epis- copal Canons on Scotland : but no incongruity of principle or conduct is too gross for fanatics of any sort ; and, as remarked by Dr Cook, " their vehe- ment complaints against the Church of England are entitled to as little attention as the contemptuous aspersions which the zealots for prelacy, even at the present day, cast upon every form of ecclesias- tical polity different from their own." The King indignantly prohibited such officious interferences, and, on the 26th of the same month, wrote to the Chancellor of Scotland, requesting that the Council would prohibit these mischievous meddlers from indulging in such practices.* The Parliament, how- ever, received this intervention most graciously, en- couraged their sympathizing testimonies, and opened a correspondence with the most bustling Cove- nanters in Scotland, to secure co-operation and support in their destructive projects.f The differences betwixt the Kmg and his Eng- lish Parliament had now assumed a very decisive character ; and for some time, it had been evident * Burnet,p.l88. Rusliworth, vol. iv., pp. 498, 501 . t Rushworth, vol. iv., p. 601. Neal, vol. ii., p. 519. that no accommodation could be effected otherwise than by the ultima ratio — the sword. The King proceeded to York 'on the 10th of March ; and, on the 23d day of April, went to Hull, with an attend- ance of 300 cavalry, his usual guard ; but Sir John Hotham, the Governor, refused him admission within its walls with more than twelve attendants, assigning as his warrant an order from the Parlia- ment.* The King pronounced him a traitor; and thus the civil war in England may be said to have commenced. A very unprofitable question has often been agi- tated with regard to who began the civil war. In this particular stage of it, however, there seems to be no room for doubt ; by the pretensions of the ParUament, or rather of the House of Commons, to the entire control over the militia and army, which the King refused to concede, but more especially by this mandate to the governor of Hull, to refuse admission to their sovereign, with such a military attendance as he might deem fitting — ^that body usurped «■ prerogative inherent in the crown from the earliest times of the monarchy, and inseparable from the supreme executive authority in every country. Whatever may be said by partisan advocates as to the King's intentions^of his procuring military munitions, pledging the crown jewels for these and such like pretexts — all these apologies for the Com- mons are utterly irrelevant ; and the logic by which they are enforced, is akin to that by which the same faction, in a decree of constructive treason, converted a. cluster of insufficient facts into an offence, for which they shed Strafford's blood. That the com- mand of the army — ^that military occupation of every place within his dominions — are essential elements in the prerogatives of a British monarch, (subject only to the constitutional control of the Commons, in withholding supplies for its maintenance, if they see cause,) — ^is a proposition that cannot be soundly questioned. And, independently of every other con- sideration, this single overt act of usurpation of supreme executive functions, was unconstitutional, and an undeniable act of rebellion on the part of the English Parliament. While these high points of controversy were in dependence betwixt the King and the Commons, (for from the commencement of the troubles, the House of Lords unfortunately relinquished its independent jurisdiction, instead of operating as a check on the two other conflicting branches of the legislature,) the King was intent on raising forces not merely for the maintenance of his authority at home, but for the suppression of the Irish rebellion, and he pur- posed heading the forces to be suppKed from Eng- land and Scotland for this latter purpose. The republicans of that day, however, in both kingdoms, were averse to this, fearing lest the King might win the attachment of the army, and thereby quash their projects. In Scotland, Loudoun the chancel- " Whitelocke's Mem., p. 57 ; Baillie, vol. i., p. 337 ; Clarendon, Guthrie, &c. 320 RECORDS OF THE [164.2. lor, by his Majesty's command, convened the Council ; and the work of agitation having preceded its meeting, multitudes thronged to Edinburgh, and petitioned the Council that nothing should be done " prejudicial to the work of reformation, and the treaty of union betwixt the kingdoms." The most malign surmises as to the King's intentions, were propagated and believed by the vulgar, while the real incendiaries in both kingdoms were scattering their firebrands far and wide, and by the most ap- proved modes of open and clandestine excitement. While the political affairs of the three kingdoms were in this unsettled and perilous state, and all the elements of social disorganization let loose in every quarter of these islands, the General Assembly of the church convened at St Andrews on the 27th of July 1642. We now proceed to record its Acts, and give in our supplement of documents, a de- tailed account of its proceedings by Baillie, which presents a very lively picture of- the feverish state of the public mind at the period now referred to. THE PRINCIPALL ACTS OF THE GENERALL ASSEMBLY, CONVEENED AT ST ANDREWS, JULY 27, 1642. Act, Sess. I. 27 July, 1642. The Kings Letter to ilie GenercUl AsserMy, presented hjHw Majesties Commissioner, the EarU ofDum- fermling, July 27, 1642. Charles R. IN the midst of Our great and weighty affaires of Our other Kingdoms, which God Almighty, who is privie to Our Intentions, and in whom We trust, will in his own time bring to a wished and peaceable conclusion. We are not unmindfull of that duetie which we owe to that Our aucient and native Kingdome, and to the Kirks there, now met together by their Commissioners in a Nationall Assembly. God, whose Vicegerent We are, hath made Us a King over divers Kingdomes, and We have no other desire, nor designe, but to govern them by their own Lawes, and the Kirks in them by their own Canons and Constitutions. Where any thing is found to he amisse, We will endeavour a Reformation in a fair and orderly way ; and where a Reformation is settled. We resolve, with that authoritie wherewith God hath vested Us, to main- tain and defend it In peace and libertie, against all trouble that can come from without, and against all Heresies, Sects, and Schismes which may arise from within, Nor do We desire any thing more in that Kingdom (and when we shall hear of it, it shall be a delight and matter of gladnesse unto Us) then that the Gospel be faithfully preached throughout the whole Kingdom, to the outmost skirts and borders thereof. Knowing that to be the mean of honour to God, of happinesse to the people, and of true obedience to Us. And for this effect, that holy and able men be put in places of the Minis- tery, and that Schooles and CpUedges may flourish in Learning and true Pietie. Some things for ad- vancing of those ends. We did of Our own accord promise in Our Letters to the last Assembly, and We make your selves Judges, who were witnesses to Our Actions, while We were there in Person, whether we did not perform them both in the point of presentations which are in Our hands, and in the liberall provision of all the Universities and Col- ledges of the Kingdome, not only above that which any of Our Progenitors had done before Us, but also above your own hopes and expectation. We doe not make commemoration of this Our Benefi- cence, either to please Our selves, or to stop the influence of Our Royall goodnesse and bountie for afterward, but that by these reall demonstrations of Our unfained desires and delight to do good, you may be the more confident to expect from Us, what- soever in Justice We can grant, or what may be expedient for you to ohtaine. We have given ex- presse charge to Our Commissioner, to see that all things be done there orderly and peaceably, as if We were present in Our Own Person ; not doubt- ing but in thankfulncEse for your present estate and • condition, you will abstaine from everything that may mal^e any new disturbance, and that you will be more wise then to be the enemies of your own peace, which would but stumble others, and ruine yourselves. We have also commanded Our Com- missioner to receive from you your just and reason- able desires, for what may further serve for the good of Religion, that taking them to Our consider- tion. We may omit nothing which may witnesse Us to be indeed a nursing Father of that Kirk wherein We were born and baptized, and that if ye be not happy, you may blame not Us, but yourselves. And now what doe We again require of you, but that which otherwise you owe to Us as your Sove- raigne Lord and King, even that ye pray for Our prosperity and the peace of Our Kingdomes, that ye use the best raeanes to keep Our People in obe- dience to Us and Our Lawes, which doth very much, in Our personall absence from that Our Kingdome, depend upon your preaching and your own exam- plary loyaltie and faithfulnesse, and that against all such jealousies, suspitions, and sinister rumors, as are too frequent in these times, and have been often falsified in time past, by the reality of the contrary events : Ye judge Us and Our professions by Our actions, which, we trust, through God in despite of malice, shall ever go on in a constant way for the good of Religion and the weal of Our People, which is the Chiefest of Our intentions and desii-es. And thus we bid you farewell. Given at our Court at Leicester, the 23 of July, 1642. To Our trusty and u-el beloved the GenercUl Assent- lit I/, in Our Kingdom of Scotland, conteened at IS. Andi-ews. Act, Sess. IIL July 29, 1642. Act/or hinging in of the Synode Boohs yeerly to the Generall Assemhlies. THE Moderator calling to minde that which was forgotten in the proceeding Sessions, the exa- mination of the Provinciall Books, caused call the Roll of the Provinciall Assemblies; and tlie As- sembly finding very few Provinces to have sent their BooIm to this Assembly, notwithstanding of the ordmance of the former Assembly thereanent, for the more exact obedience of that ordinance hereafter, the Assembly, in one voyce, ordaines. That the Books of every Provinciall Assembly shall be brought and produced to every Generall Assembly ; And 1642.] KIRK OF SCOTLAND. 321 that this may be performed, ordaines that every Clerk of the Provincialls either bring or send the said Books yearly to the Generall Assemblies, by the Commissioners sent to the Assemblies, from these Presbyteries where the Clerks reside. Which charge the Assembly also layes upon the said Com- missioners, sent from the saids Presbyteries where the Clerlts reside ; ay, and while some meanes be provided, whereby the Clerks charges may be sus- tained for coming with the saids Boolis themselves : And that under the pain of deprivation of the Clerk in case of his neglect, and of such censure of the saids commissioners, in case of their neglect as the Assembly shall think convenient. Act, Sess. V. Aug. 1, 1642. Act anent the cluiosmg of Kirh Sessions. ANENT the question moved to the Assembly, concerning the election of Kirk Sessions, The Assembly ordaines the old Session to elect the new Session both in Burgh and Land. And that if any place shall vaik in the Session chosen, by death or otherwise, the present Session shall have the elec- tion of the person to fill the vaoand roome. Sess. VI. 2 Aug. 1642. The report of the interpretation of tlie Act at Edin- burgh, anent tryaU of Ministers. THE meaning of the foresaid Act, is not that an actuall Minister to be transported, shall be tried again by the tryalls appointed for trying of Expectants, at their entry to the Ministery, accord- ing to the Acts of the Kirk ; but only that he bringing a Testimoniall of his former tryalls, and of his abilities, and conversation, from the Ptesby- terie from whence he comes, and giving such satis- faction to the Parochiners Presbyterie whereto he comes in preaching, as the Presbyterie finds his gifts fit and answerable for the condition and dispo- sition of the Congregation, whereto he is presented. Because, according to the Act of the Assembly 1596, renewed at Glasgow, some that are meet for the Ministery in some places, are not meet for all alike : and Universities, To\vns, and Burghs, and places of Noblemens residence, or freijuencie of Papists, and other great and eminent Congregations, and in sundry other cases, require men of greater abihties, nor will be required necessarily in the planting of all private small Paroches, the leaving of the consideration of these cases unto the judge- ment and consideration of the Presbyterie, was the only intention of the Act. The Assembly approves the meanmg and inter- pretation foresaid, and appoints the said Act, according to this interpretation, to stand in force, and to have the strength of an Act and Ordinance of Assembly in all time coming. Act, Sess. VII. 3 Aug. 1642. Act anent tJie order for mcMng Lists to his Mmstie, and otlwr Patrons for Presentations ; the order of tryall of Expectants, and for trying the quality of Kirks. FOES AMEIKLE as His Majestie was graciously pleased in his Answer to the Petition, tendred by the Commissioners of the late Assembly to His Majestie, to declare and promise, for the better providing of vaiking Kirks, at.His Majesties Pre- sentation with qualified Ministers, to present one out of a list of six persons, sent to His Majestie from the Presbyteries wherein the vaiking Kirk lyeth, as His Majesties Declaration, signed with his Eoyal hand at Whitehall, the 3 of January last, registrate in the books of Assembly, this day at length beares. And suchlike whereas the Lords of Exchequer, upon a Petition presented to them by the Commissioners of the , Generall Assembly, and the Procurator and Agent for the Kirk repre- senting two Prejudices; one, that gifts obtained from His Majestie of patronages of Kirks, at his Presentation were passing the Exchequer, with- out the qualification and provision of a List, where- with His Majestie was pleased to restrict him- self ; and the other, that some were seeking gifts of patronage of Bishop Kirte, which are declared to belong to Presbyteries, to be planted by two Acts of the late Parliament : The saids Lords have ordained that no signator, containing gifts of patronages from His Majestie, shall passe hereafter, but with a speciall provision that the same shall be lyable to the tenor of His Majesties said Declara- tion. Ordaining also the Procurator and Agent of the Kirk to be advertised, and to have place to see all signators whatsoever, containing any patronage, to the efi^ect they may represent the interest of the Kirk therein ; as the said Act of the date the 27 of June last, registrate also in the Books of Assem- bly, this day at length beares. Therefore, that the saids Kirks which now are, or which were at His Majesties presentation the said third day of Janu- ary last, may be the better provided with able Mi- nisters, when the samine shall vaik, The Assembly ordaines that hereafter every Presbytery shall give up yearly a Roll of the ablest of their Expectants, to their Synods ; and that the Synods select out of these Eolls such persons whom they in certain knowledge judge most fit for the Ministrie, and worthiest of the first place. With Power to the Sy- nods to adde or alter these Bolls given by the Pres- byteries, as they thinke reasonable : And that the Synods shall send the Eolls made by them in this manner, to the next Generall Assembly, who shall also examine the Rolls of the Synods, and adde or alter the same as shall be thought expedient. Which Roll made by the Generall Assembly, shall be sent to every Presbyterie, and that the Presby- terie, with consent of the most or best part of the Congregation, shall make a List of six persons will- ing to accept of the presentation out of that Roll of the Assembly, upon every occasion of vacation of any Kirk within their bounds, and shall send the samine, together with a blank presentation : The which (if His Majesty be Patron to the vacant Kirk) shall be sent by the said Procurator and Agent, to such as the Commissioners of the Gene- rall Assembly, or in their absence the Presbyterie of Edinburgh, shall direct and thiak at that time most able and willing to obtain the presentation, to be signed and filled up by His Majesties choise of one of the List. And if the vacant Kirk be of a Patronage disponed by His Majesty since the 3 of January, in that case either the Presbyteries themselves shall send a List to six persons in manor aforesaid, with a blank presentation to the Patron, to be filled up by his choise, and subscribed, or send the samine to the saids Ofiioers of the Kirk, to be conveyed by them to the Patron of the vaikmg Kirk, as the Presbyterie shall think most expedient. It is al- wayes declared, that this order shall be without pre- judice to the Presbyteries, with consent foresaid, to put actuall Ministers upon the said List of six per- sons, to be sent to the Patron of the said vaiking VOL, I, 21 322 RECORDS OF THE [1042. Kirks, if they please. And least that the nomina- tion of Expectants by Presbyteries, Synods, or Assemblies, in their Bolls or Lists foresaid, be mis- interpreted, as though the Expectants nominated in these Rolls and Lists, were thereby holden and ac- knowledged to be qualified, which is not the inten- tion of the Assembly, who rather think, that in respect of this Order, there should be a more exact tryall of Expectants then before : Therefore the Assembly ordaines. That no Expectants shall be put on the Soils or Lists above-mentioned, but such as have been upon the publike exercise, at the least by the space of half a year, or longer, as the Pres- byterie shall finde necessary. And suchlike ordaines, that hereafter none be admitted to the publike exer- cise, before they be tryed, according to the tryall appointed for Expectants, at their entrie to the Ministerie in the late Assembly at Glasgow, in the 24 Article of the Act of the 23 Session thereof : which tryall, the Assembly appoints to be taken of every Expectant, before his admissiou to the pub- like exercise. And suchlike ordaines. That the samine tryall shall be again taken immediately before their admission to the Ministerie, together with their tryall mentioned in the advice of some Breth- ren deputed for penning the corruptions of the Mi- nistery, approven in the said Act of the Generall Assembly at Glasgow. And because that Kirks of the patronages foresaids, will vaik' before the KoUs and Lists be made up by the Presbyteries, Synods, and Generall Assemblies, in manner foresaid : Therefore, in the interim, the Assembly ordains the Commissioners of every Presbyterie here present, to give in a List of the; ablest Expectants within their bounds, the morn, to the Clerk of the Assem- bly, that the Assembly may, out of these Rolls, make a List to be sent to every Presbyterie : Out of which the Presbyteries shall make a List of six persons, with consent foresaid, and send the samine upon vacancie of any Church within their bounds, together with a presentation to His 'Majestie, or any other patron, in manner foresaid. And because the Procurator and Agent of the Kirk cannot get sufficient information to the Lords of Exchequer, anent the Right and Interest" of the Kirk, and Presbyteries in Kirks, whereof gifts of patronages may be presented to the Exchequer : Therefore the Assembly ordaines for their better information hereanent, that every Presbyterie, with all diligence, use all meanes of exact tryall of the nature and quahtie of all Kirks within their bounds, as what Kirks belong to the Kings Majesties patronage, what to other Laick patronages, what Kirks of old were planted by Presbyteries, and what by Prelates and Bishops, before the Assembly at Glasgow 1638, what hath been the way and time of the change of the planting and providing of the Kirks, if any have been changed, or any other thing concerning the nature and qualitie of every Kirk within their bounds, and to send the same to the Procurator of the Kirk with all diligence. Act anent lAstsfor the Zirhs in tlie High4ands, THE Assembly considering that in Argyle, and in other places of the Irish language, there will not be gotten six expectants able to speak that language, And therefore the Assembly is hopefull, that in these singular cases. His Majestie will be pleased, for Kirks vacand in the High-lands, to ac- cept of a List of so many expectants as can be had, able to speak the Irish language. And the Com- missioners Grace promiseth to recommend it to His Majestie. Overtures against Papists, non-Communicmits, and Prqfaners of the S(d>bath. I. npHE Assembly would draw up a Supplication J_ to be presented by the Commissioners of the Presbyterie of Edinburgh to the Councell at their first meeting, for the due execution of the Acts of Parliament and Councell against Papists, wherein it will be specially craved, that the Exchequer should be the Intromettors with the Rents of these who are excommunicate, and that from the Exchequer the Presbyterie may receive that portion of the con- fiscate goods, which the Law appoints to be ira- ployed ad pics iisus. II. Every Presbyterie would conveen at their first meeting, all known Papists in their bounds, and require them to put out of their company, all friends and servants who are Popish mthiji one moueth : also within that same space, to give their children, sons and daughters, who are above seven yeers old, to be educate at their charges, by such of their Pro- testant friends, as the Presbyterie shall approve, and finde sufficient caution for bringing home with- in three moneths such of their chjlten who are without the Kingdom, to be educate in Schooles and Colledges at the Presbyteries sight ; to finde caution likewise of their abstinence from Masse, and the company of all Jesuits and Priests. III. That all, of whatsoever rank or degree, who refuse to give satisfaction in every one of the foresaid Articles, shall be processed without any delay ; but those who give satisfaction shall be dealt with in all meeknesse, after this manner : The Pres- byteries shall appoint such of their number as they shall find fittest to confer with them so frequently as the Brethren are able to attend, untiU the midst of October next, against which time,-if they be not willing to go to Church, they shall give assurance to go and dwell in the next adjacent University Town, whether Edmburgh, Glasgow, S. Andrews, or Aberdene, from Noremb. 1, to the. last of March, where they shall attend all the diets of conference which the professors and Ministers of the bounds shall appoint to them : by which, if they be not converted, their obstinacy shall be declared in the Provincial Synods of April, and from thence their Processe shall go on to the very closure with- out any farther delay. nil. That every Presbyterie, as they will be answerable to the next Generall Assembly, be care- full to do their dutie in all the premisses. V. That there be given presently, by the mem- bers of this present Assembly, unto the Commis- sioners of the Presbyterie of Edinburgh, » List of all excommunicate Papists they know, and of all Papists who have children educate abroad, that they may be presented, together with our Supplica- tion, to the Councell, at their first sitting. VI. That the Councell may be supplicate for an Act, that in no Regiment which goes out of the Kingdom, any Papists bear office, and that the Co- lonell be required to finde caution for this effect, before he receive the Councels Warrant for levying any Souldiers : also that he finde caution for the mamtaining of a Minister, and keeping of a Session m his Reguneut. Item, The Assembly would enjoyn every Presby- terie to proceed against non-Communicants, whether Papists or others, according to the Act of Parlia- ment made thereanent. And suchlike, that Acts of Parliament against prophaners of the Sabbath be put to execution. The Assembly approves the Overtures fore- said, and ordiuns Presbyteries to put the samine to execution with all diligence : and that the Commissioners of every Presbyterie give in a List of the excommunicate Papists within their bounds, and of Papists children out of the Countrey, to the Clerk, that the same may be presented to the Councell by the Commissioners of this Assembly. Act anent thepynmg of the Presbyterie of Sky to the Syrwde of Argyle, THE Generall Assembly having considered the whole proceedings of the Commissioners of the late Generall Assembly holden at Edinburgh, anent the reference made to them concerning the Presbyterie of Sky, together with the whole rea- sons pro 4' contra in the said matter, after mature deliberation have ratified and approved, and by these presents ratifie and approve the Sentence of the saids Commissioners thereintill. And further ordains the said Presbytery of Sky, and all the Ministers and Elders thereof, to keep the meetings of the Provincial Assembly of Argyle, where they shall happen to be appointed in all time coming, suchlike as any other Presbyterie within the bounds of the said Province of Argyle uses to do : And that the samine Presbyterie be in all time hereafter within the jurisdiction of the said Provincial Assem- bly, without any further question to be made there- anent. Sess. VIII. 3 Aug., jmst meridiem. The SuppUcatio'ii of this Assembly to ilie Kimgs To the Kings most Excellent Majestie, the hearty thanksgiving, and humble Petition of the Gene- rall Assembly of the Kirk of Scotland, met at Si Andrews July 27, 1642. OUR hearts were filled with great joy and glad- nesse at the hearing of Your Majesties Let- ter, which was read once and again in face of the Assembly, every line thereof almost either express- ing such affection to the reformed Eeligion, and such royall care of us, as we could require from a Christian Prince; or requiring such necessary duties from us, as we are bound to performe as Ministers of the Gospel and Christian Subjects : For which, as solemne thanks were given by the Mo- derator of the Assembly, so do we all with one voice in all humility, present unto Your Majestie the thankfulnesse of our hearts, with our earnest prayers to God for Your Majesties prosperity, and the peace of your Kingdoms, that Your Majestie may be indeed a nursing Father to all the Kirks of Christ in Your Majesties Dominions ; and especially to the Kirk of Scotland, honoured with your Birth and Baptisme : promising our most serious indea- vours by doctrine and life, to advance the Gospel of Christ, and to keep the people in our charge in Unity and Peace, and in all loyalty and obedience to Your Majestie and your Laws. Your Majes- ties commands to your'Commissioner, the Earle of Dumfermling, to receive from us our just and rea- sonable desires for what may further serve for the good of Religion here, the favours which we have received already, and Your Majesties desire and delight to do good, expressed in your Letter, are as many encooragements to us, to take the bold- nesse in all humility to present unto Your Majes- tie (beside the particulars leconunended to Your Majesties Commissioner) one thing, which for the present ia the chiefest of all onr desires, as serving most for the glory of Christ, for Your Majesties Honour and Comfort ; and not onely for the good of Eeligion here, but for the true happinesse and peace of all Your Majesties Dominions ; which is no new motion, but the prosecution of that same which was made by the Commissioners of this Your Majesties Kingdom in the late Treatie, and which Your Majestie, with advice of both Houses of Par- liament, did approve in these words : " To their desire concerning unitie in Eeligion and uniformi- tie of Church government, as a special! meanes of conserving of Peace betwixt the two Kingdoms, upon the grounds and reasons contained in the Paper of the 10 of March, given in to the Treaty and Parliament of England : It is answered upon the 15 of June, That His Majestie, with advice of both Houses of Parliament, doth approve of the affection of His Subjects of Scotland, in their desire of having the conformity of Church-government ■ betwixt the two Nations, and as the Parliament hath already taken into consideration the reforma- tion of Church government, so they will proceed therein in due time, as shall best conduce to the glory of Grod, the Peace of the Church and of both Kingdoms, 11 of June 1641." In our Answer to a Declaration sent by the now Commissioners of this Kingdom from both Houses of FarUament, we have not onely pressed this point of unity in Eeli- gion and Uniformity of Church-government, as a meane of a firme and durable union betwixt the two Kingdomes, and. without which former expe- riences put us out of hope long to enjoy the puritie of the Gospel with Peace, but also have rendred the reasons of our hopes and confidence, as from other considerations, so from Your Majesties late Letter to this Assembly, that Your Majestie in a happy conjunction with the Houses of Parliament, will be pleased to settle this blessed Eeformation, with so earnestly desired a Peace in all your Do- minions. And therefore we Your Majesties most loving Subjects, in name of the whole Kirks of Scotland, represented by us, upon the knees of our hearts, do most humbly and earnestly beg, that Your Majesty in the deep of your Eoyall Wisdom, and from your affection to the true Eeligion and the Peace of your Kingdoms, may be moved to consider, that the God of Heaven and Earth is call- ing for this Eeformation at "your hands, and that as you are his Vice-gerent, so you may be his prime Instrument in it. If it shall please the Lord (which is our desire and hope) that this blessed unitie in Eeligion and Uniformity in Government shall be brought about ; your Majesties Conscience, in performing of so great a dutie, shall be a well- spring of comfort to Your Self, your memory shall be a sweet favour, and your name renowned to all following generations. And if these unhappy com- motions and divisions shall end in this peace and unity, then it shall appeare in the Providence of God, they were but the noyse of many waters, and the voyce of a great thunder before the voyce of harpers harping With their harps, which shall fill this whole Hand with melodie and mirth, and the name of it shall be, The Lord Is Thebe. The Decla/ration of tlie Parliament of Englwnd, sent to the Assembly. THE Lords and Commons in this present Parlia- ment assembled, finding to their great grief, that the distractions of this Kingdome daily increase, and that the wicked counsells and practises of a malignant party amongst us (if Gcd prevent them not) are like to cast this nation into bloud and con- 324 RECORDS OP THE [1642. fusion, To testifie to all the World how earnestly they desire to avoid a Civill Warre, they have addressed themselves in an humble Supplication to His Majestie, for the prevention thereof. A Copy of which their Petition, they have thought fit to send at this time to the Nationall Assembly of the Church of Scotland, to the intent that that Church and Kingdome (whereunto they are united by so many and so near bonds and tyes, as well Spirituall as Civill) may see that the like minde is now in them, that formerly appeared to be in that Nation. And that they are as tender of the effusion of Christian bloud on the one side, as they are zealous on the other side of a due Beformation both in Church and State. In which work, whilest they were labouring, they have been interrupted by the plots and practises of a mahgnant party of Papists, and ill-afiected persons, especially of the corrupt and dissolute Clergy, by the incitement and instigation of Bishops, and others, whose avarice and ambition being not able to bear the Eeformation endeavoured by the Parliament, they have laboured (as we can expect little better fruit from such trees) to kindle a flame, and raise a combustion within the bowels of this Kingdom : Which if by our humble suppli- cation to His Majesty it may be prevented, and that according to our earnest desire therein, all Force and Warlike preparations being laid aside, we may returne to a peaceable Parliamentary pro- ceeding. We do not doubt, but that by the blessing of Almighty God upon our endeavours, we shall settle the matters both in Church and State, to the enerease of His Majesties Honour and State, the peace and prosperitie of this Kingdome, and especially to the glory of God, by the advancement of the true Religion, and such a Reformation of the Church, as shall be most agreeable to Gods Word. Out of all which, there will also most imdoubtedly result a most firme and stable Union between the two Kingdomes of England and Scot- land, which, according to our Protestation, we shall by all good wayes and meanes, upon all occasions, labour to preserve and maintain, " itur, Jo. Brown, Cler. Pari. The Assemblies Answer to tie Declaration of tlie Pajrliament of England. THE Generall Assembly of the Kirk of Scotland, having received a Declaration sent unto them by the Commissioners of this Kingdome, now at Lon- don, from the honourable Houses of the Parliament of England, expressing their care to prevent the effu- sion of Christian bloud in that Kingdome, and their affections to Reformation, both in Kirk and State, and having taken the same to such consideration as the importance of so weighty matters, and the high estimation they have of so wise and honourable a meeting as is the Parliament of England, dUld re- quire ; have, with universall consent, resolved upon this following Answer :— . I. That from the recent sense of the goodnesse of God, in their own late deliverance, and from their earnest desire of all happinesse to our native liing and that Kingdome, they blesse the Lord for pre- serving them in the midst of so many unhappy divisions and troubles from a bloudy Intestine War, which is from God the greatest Judgement, and to such a nation the compend of all calamities. They also give God thanks for their former and present desires of a Reformation, especially of Religion, which is the glory and strength of u Kingdome, and bringeth with it all temporall blessings of pror sperity and peace. II. That the hearts of all the members of this Assembly, and of all the well-affected within this Kingdome, are exceedingly grieved and made heavy, that in so long a time, against the professions both of King and Parliament, and contrary to the joynt desires and prayers of the godly in both Kingdomes, to whom it is more deare and precious then what is dearest to them in the world, the Reformation of Religion hath moved so slowly, and suffered so great interruption. They consider that not only Prelates, formall Professours, profane and worldly men, \ and all that are Popishly affected, are bad councellours and workers, and do abuse their power, and bend all their strength and policies against the Work of God ; but the god of this world also, with Principalities and Powers, the rulers of the dark- nesse of this world, and spiritual! wickednesse in high places, are working with all their force and fraud in the same opposition, not without hope of successe, they having prevailed so farre from the beginning, That in the times of the best kings of .Tuda of old, and the most part of the Reformed Kirks of late, a through and perfect Reformation of Religion hath been a work full of difficulties ; Yetdoethey conceive, that as it ought first of all to be intended, so should it be above all other things, with confidence in God, who is greater than the world, and he who is in the world, most seriously endeavoured. And that when the supreame Providence giveth opportunity of the accepted time and day of salvation, no other work can prosper in the hands of his servants, if it be not apprehended, and with all reverence and faithful- uesse improved. This Kirk and Nation, when the Lord gave them the calling, considered not their own deadnesse, nor staggered at the promise through unbelief, but gave glory to God. And who knoweth (we speak it in humility and love, and from no other mind then from a desire of the blessing of God upon our King and that Kingdome) but the Lord hath now some controversie with England, which will not be removed, till first and before all, the wor- ship of his name, and the government of his house be settled according to his own will ? When this desire shall come, it shall be to England, after so long deferred hopes, a tree of life, which shall not only yeeld temporall blessings unto themselves, but also shall spread the branches so far, that both this nation and other reformed Kirlcs shall find the fruits thereof to their great satisfaction. III. The Commissioners of this Kingdome in the late Treaty of peace, considering that Religion is not only the meane of the service of God and saving of Souls, but is also the base and foundation of Kingdomes and Estates, and the strongest band to tye Subjects to their Prince in true loyaltie, and to Imit the hearts of one to another in true unity and love. They did, with preface of all due respect and reverence, _ far from arrogancy or presumption, represent, in name of this Kingdome, their serious thoughts and earnest desires for unity of Religion, That in all His Majesties Dominions, there Jnight be one Confession of Faith, one directory of Worship, one publike Catechisme, and one forme of Kirk Go- vernment. This they conceived to be acceptable to God Almighty, who delighteth to see liis People walkmg in truth and unity, to be a speciall meanes for conserving of peace betwixt the Kingdomes, of easmg the Kings Majesty, and the publike Govern- ment of much trouble, which ariseth from differences of Religion, very grievous to Kings and Estates ; of great content to the King himself, to his Nobles, his Court, and all his- People, when (occasioned to be abroad) without scruple to themselves, or scan- dall to others, all may resort to the same publike 1642.] KIRK OF SCOTLAND. 325 worship, as if they were at their own dwellings ; of suppressing the names of Heresies, and Sects, Puritans, Conformists, Separatists, Anabaptists, &o., which do rent asunder the bowels both of Kirk and Kingdome ; of despaire of successe to Papists and Recusants, to have their profession, which is inconsistent with the true Protestant Religion, and authority of Princes, set up again, and of drawing the hearts and hands of Ministers, from unpleasant and unprofitable Controversies, to the pressing of mortification, and to Treatises of true pietie, and practicall Divinity. The Assembly doth now enter upon the labour of the Commissioners, unto which they are encouraged, not only by their faithf'ulnesse in the late Treaty, but also by the zeale and ex- ample of the Generall Assemblies of this Kirk in former times, as may appeare by the Assembly at Edinburgh, Decemb. 25, in the year 1566, which ordained a Letter to be sent to England against the Surplice, Tippet, Corner- cap, and such other cere- monies as then troubled that Kirk, that they might be removed. By the Assembly at Edinburgh, April 24, 1583jhumbly desiring the Kings Majesty to command his Ambassadour, then going to England, to dealewith the Queen, that there might be an union and Band, betwixt them and other Christian Princes and Realmes, professing the true Religion for de- fence and protection of the Word of God, and Pro- fessors thereof, against the persecution of Papists and confederates joyned and united together by the bloudy league of Trent : as also, that her Majesty would disburden their brethren of England of the yoke of Ceremonies, imposed upon them, against the libertie of the Word : And by the Assembly at Edinburgh, March 3, 1589, ordainmg the Pres- byterie of Edinburgh, to use all good^and possible means for the relief and comfort of the Kirk of England, then heavily troubled for the maintaining the true discipline and government of the Kirk, and that the Brethren in their private and publike prayers, recommend the estate of the afflicted Kirk of Eng- land to God. While now, by the mercy of God, the conjunction of the two Kingdomes is many wayes increased, the zeale of the Generall Assembly to- wards their happinesse ought to be no lesse. But besides these, the Assembly is much encouraged unto this duetie, both from the Kings Majesty and his Parliament, jointly, in their Answer to the pro- position, made by the late Commissioners of the Treaty, in these words : — To their desire concerning unity of Religion, and uniformity of Kirh government, as a mecicdl meanesfor consermng of peace betwixt the two Kingdomes, upon the grounds and reasons con- tained in tlie paper of the 10 of March, and given in to t!ie Treatie and Parliament of England. It is answered upon tlie 15 of June, Tliat his Majestic, with advice of both^Souses of Parliament, doth approve of tlie affection of His Subjects of Scotland, in their desire »f hamng eonforvwtie of Kirk government between the two Nations; and as the Parliamient hath already taken into consideration the JR^formation of Kirk government, so they mU proceed therein in due time, as shaU best conduce to the glory of God, tlie peace of the Kirk, and of both Kingdomes. And also severally ; for His Majestie knoweth that the custodie and vindication, the conservation and purgation of Reli- gion, are a great part of the duetie of Civill autho- rity and power. His Majesties late practise while he was here in person, in resorting frequently to the exercises of publike worship, his Royall actions, in establishing the worship and government of this Kirk in Parliament, and in giving order for a com- petent maintenance to the Ministery and Seminaries of the Kirk, and Hia Majesties gracious Letter to the Assembly (seconded by the speech of His Ma- jesties Commissioner) which contames this religious expression: — Wliere amy thing is amisse we wUl endea/mw a Reformation in a fair amd orderly way, and where Reformation is settled, we resolve, with that autlmrity wheretmth God hath vested us, to maintain and defend it in peace and liberty, against all trouble that can cmne from witlunct, and against oil Heresies, Sects, and Schismes, which may a/rise from within. All these doe make us hopeful! that His Majesty will not oppose, but advance the work of Reforma- tion. In like manner, the Honourable Houses of Parliament, as they have many times before wit- nessed their zeale, so now also in their Declaration sent to the Assembly, which not only sheweth the constancy of their zeale, but their great grief that the worke hath been interrupted by a malignant party of Papists and evill affected persons, espe- cially of the corrupt and dissolute Clergie, by the incitement and instigation of Bishops and others, their hope according to their earnest desire, when they shall returne to a peaceable and Parliamentary proceeding, by the blessing of God, to settle such a Reformation in the Church, as shall be agreeable to Gods.word, and that the result shall'be a most firm and stable union between the two Kingdomes of England and Scotland, &e. The Assembly also is not a little encouraged by a Letter sent from many reverend brethren of the Kirk of England, expressing their prayers and endeavours against every thing which shall be found prejudiciall to the establishment of the Kingdome of Christ, and the Peace of their Soveraigne. Upon these encourage- ments, and having so patent a doore of hope, the Assembly doth confidently expect, that England will now bestirre themselves in the best way for a Reformation of Religion, and do most willingly ofier their prayers and uttermost endeavours for further- ing so great a Work, wherein Christ is so much con- cerned in his glory, the King in his honour, the Kirk and Kingdome of England in their happinesse, and this Kirk and Kingdome in the purity and peace of the Gospel. IIII. That the Assembly also from so many reall invitations, are heartened to renew the Proposition made by the aforenamed Commissioners of this Kingdome, for begining the Work of Reformation, at the uniformity of Kirk-government. Eor what hope can there be of Unity in Religion, of one Con- fession of Faith, one Form of Worship, and one Catechisme, till there be first one Forme of Eccle- siasticall Government ? Yea, what hope can the Kingdome and Kirk of Scotland have of a firme and durable Peace, till Prelacie, which hath been the main cause of their miseries and troubles, first and last, be plucked up, root and branch, as a plant which God hath not planted, and from which, no better fruits can be expected then such sower grapes, as this day set on edge the Kingdome of England ? V. The PrelaticaJl Hierarchie being put out of the way, the Work will be easie, without forcing of any conscience, to settle in England the govern- ment of the Reformed Kirks by Assemblies. For although the Reformed Kirks do hold, without doubting, their Kirk Officers, and Kirk-government by Assemblies higher and lower, in their strong and beautiful subordination, to be jure dimno, and per- petuall : yet Prelacie, as it difiereth from the Office of a Pastor, is almost universally acknowledged by the Prelates themselves, and their adherents, to be but an humane ordinance, introduced by humane reason, and settled by humane Law and Custome for supposed conveniencie : which therefore by humane authority, without wronging any mans conscience. 326 RECORDS OP THE [1642. may be altred and abolished upon so great a neces- sity, a£ is a hearty conjunction with all the Beformed Kirks, a firm and well grounded Peace betmxt the two Kingdomes, formerly divided in themselves, and betwixt themselves by this partition wall, and a perfect Union of the Kirks in the two Nations : wluch although by the providence of God in one Hand, and under one Monarch, yet ever since the Keformation, and for the present also, are at greater difference in the point of Kirk-government, which in all places hath a powerful! influence upon all the parts of Eeligion, then any other Reformed Kirks, although in Nations at greatest distance, and under divers Princes. VI. What may be required of the Kirk of Scot- land, for furthering the Work of Uniformitie of Government, or for agreeing upon a common Con- fession of Faith, Catechisme, and Directory for Worship, shall, according to the order given by this Assembly, be most willingly performed by Us, who long extreamly for the day when King and Parlia- ment shall joyn for bringing to passe so great, so good a Work, That all Warres and Commotions ceasing, all Superstition, Idolatry, Heresie, Sects, and Schismes being removed, as the Lord is one, 80 his name may be one amongst us ; and mercy and truth, righteousnesse and peace meeting toge- ther, and k^sing one another, may dwell in tiiis Ilaod. Act, Sess. VIII. Aug. 3, 1642. Overtwres for transplantation of Ministers, cmd provi- sion of Schools, ordained hy the late Assembly at EdMmrgh to be sent to Synods, a/nd re/ported to this Act, Sess. XI. Edinb. Aug. 5, 1641. These Overtm-es underwritten, anent the trans- porting of Ministers and Professors to Kirks and Golledges, being read in audience of the Assem- bly, and thereafter revised by a Committee appointed for that effect, The Assembly appoints them to be sent to the severall Synods, to be con- sidered by them, and they to report their judge- ments thereof to the next Generall Assembly. I. "VI O transportation would be granted hereafter IS without citation of parties having interest (viz., the Minister who is sought and his Parish) to hear what they can oppose, and the matter is to come first to both the Presbyteries (viz., that where- in the Minister dwells, whose transportation is sought, and the other Presbyterie to which he is sought, if the Kirks lye in several Presbyteries) and if the Presbyteries agree not, then the matter is to be brought to the Synod, or Generall Assembly (which of them shall first occure after such trans- portation is sought) and if the Synod (occurring first) agree not ; or if there be appeale made from it, then the matter is to come to the Generall II. A Minister may be transplanted from a par- ticular Congregation (where he can onely doe good to a part) to such a place, where be may benefit the whole Kirk of Scotland, because, in reason the whole is to be preferred to a part, such as Edin- burgh. 1. Because all the great Justice Courts sit there, as Councell, Session, Justice Generall, Exchequer, &c., and it concerns the whole Kirk, that these Fountains of Justice be kept dean, both in the ;point of Faith, and Manners. 2. Because there is great eonfluence to Edin- burgh, from time to time, of many of the chief Members of the whole Kingdome, and it concerns the whole Kirk to have these well seasoned, who (apparently) are to be the Instruments of keeping this Kirk and Kingdome in good temper. That this may be the more easily done, the Assembly first recommends to Edinburgh, that some young men of excellent spirits may be (upon the charges of the said Town) trained up, at home or abroad, toward the Ministery from time to time. Secondly, we meane not that all the places of the Ministerie of Edinburgh be filled with Ministers to be transported by Authority of this Act, but only till they be provided of one Minister (transplanted by the Authority of the Assembly) for every Kirk in Edinburgh, and that the rest of the places be filled either according to the GeneraU Bules of transportation for the whole Kingdome, or by agreement with actuall Ministers, and their Parishes, with consent of the Presbyterie or Synod, to the which they belong. III. In the next roome, we finde, that it is a transporting of Ministers for publike good, that Colledges ^laving the profession of Divinitie) be well provided of Professors. Wherein the Colledge of Divinitie in S. Andrews is first to be served, without taking any Professors or Ministers out of Edinburgh, Glasgow, or Aber- dene, and then the rest of the Colledges would be provided for as their necessity shall require : yet (in respect of the present scarcity) it were good for the Universities to send abroad for able and approved men, to be Professors of Divinitie, that our Ministers may be kept in their pastorall charge as much as may be. Towns also wherein Colledges are, are very con- siderable in the matter of transportation. IIII. Also Congregations, where Noblemen luve chief residence are to be regarded, whether planted or unplanted, and a care is to be had, that none be admitted Ministers where Popish Noblemen reside, but such as are able men (especially for controver- sies) by sight of the Presbyterie : and moreover it is necessary, that such Ministers as dwell where Popish Noblemen are, and are not able for contro- versies, that they be transported. V. They whodesire the transportation of a Minister should be obliged to give reasons for their desire : Neither should any Presbyterie or Assembly, passe a sentence for transportation of any Minister, till they give reasons for the expediencie of the same, both to him and his Congregation, and to the Pres- byterie whereof he is a member. If they acquiesce to the reasons given, it is so much the better : if they doe not acquiesce, yet the Presbyterie, or Assembly (by giving such reasons before the pass- ing of their sentence) shall make it manifest, that what they doe is not pi-o a/rbitralu, nel tmpmo onely, but upon grounds of reason. yi. Because there is such scarcity of Ministers having the Irish tongue, necessity requires, that when they be found in the Low-lands, they be trans - ported to the High-lands ! providing their condi- tion be not made worse, but rather better by their transportation. VIL In the point of voluntary transportation, no Minister shall transact and agree with any Parish, to be transported thereto, without a full hearing of him, and his Parish, before the Presbyterie to which he belongs in his present charge, or superiour Kirk judicatories, if need shall be. VIII. The planting of vacant Kirks, is not to be tyed to any (either Ministers, or Expectants) within a Presbyterie : but a free election is to be. 1642.] KIRK OF SCOTLAND. 327 according to the order of our Kirk, and Lawes of our Kingdome. IX. Tlie chief Burghs of the Kingdome are to be desired to traine up young men of excellent spi- rits for the Ministery, according to their power, as was recommended to Edinburgh: Which course will in time (God willing) prevent many transplant- ations. The Overtures under-written anent the Schooles being hkewise read in audience of the Assembly, they recommend the particulars therein men- tioned, anent the providing of the maintenance for Schoolmasters, to the Parliament; and ordaine the rest to be sent to the Synods, to be considered by them, and they to report their judgements thereof to the next Generall Assembly, as said is. I. "17 VEE Y Parish would have a Reader and a Jji Schoole, where children are to be bred, in reading, writting, and grounds of Religion, according to the laudable Acts, both of Kirk and Parliament, made before. And where Grammar Schooles may be had, as in Burghs, and other considerable places, (among which all PresbyteriaU Seates are to be reputed) that they be erected, and held hand to. II. Anent these Schooles, every Minister with his Elders, shall give accompt to the Presbyteries at the visitation of the Kirk ; the Presbyteries are to make report to the Synode, and the Synode to the Generall Assembly, that Schools are planted, as above-said, and how they are provided with men and means. III. And because this hath been most neglected in the High-lands, Hands, and Borders, Therefore the Ministers of every Parish are to instruct by their Commissioners, to the next Generall Assem- bly, that this course is begun betwixt and then : and they are further to certifie from one Generall Assem- bly to another, whether this course is continued without omission, or not. IIII. And because the means hitherto named or appointed for Schooles of all sorts, hath been both little, and ill payed. Therefore, beside farmer appoint- ments, (the execution whereof is humbly desired, and to be petitioned for at the hands of his Majestie and the Parliament) the Assembly would further supplicate this Parliament that they (in their wis- dome) would finde out how meanes shall be had for so good an use, especially that the children of poore men, (being very capable of learning, and of good engines) may be trained up, according as the exi- gence and necessity of every place shall require. And that the Commissioners, who shall be named by this Assembly, to wait upon the Parliament, may be appointed to represent this to his Majestie, and the Parliament, seeing His Sacred Majestie, by his gracious Letter hath put us m hope hereof, where- with we have been much refreshed. V. The Assembly would supplicate the Parlia- ment, that for youths of the finest and best spirits of the High-lands, and Borders, maintenance may be allotted (as to Bursars) to be bred in Universi- ties. VI. For the time' and manner of visitation of Schooles, and contriving the best and most compen- dious and orderly course of teaching Grammar, we humbly desire the Assembly to appoint a Commit- tee for that effect, who may report their diligence to the next Generall Assembly. The Overtures and Articles above-written being reported to this Assembly, after reading and serious consideration thereof, the Assembly approves the samoj and ordaines them to have the strength of an Act and ordinance of Assem- bly in all time coming. Sess. XI. 5 Aug. 1642. Act anent ooniirairy Oaths. rjiHE Generall Assembly finding the ineonven- _L ience of contrary Oaths in trying of Adulteries, Fornications, and other faults and scandals, do therefore for evitmg thereof, discharge Synods, Presbyteries and Sessions, to take Oath of both parties in all time hereafter. Recommending to them in the mean time all other order and wayes of tryall used in such cases : And that there may be a common order and course kept in this Kirk of try- ing of publike scandals, The Assembly ordains the Presbyteries to advise upon some common order hereintill, and to report their judgements to the next Assembly. Owrtures a/mnt FamMy Exercises, Catechising, keeping of Synods and Preshyteries, mid resliramt of Adul- teries, Witch-crafts, amd other grosse sins. The Committee supplicates the Assembly, I. npo urge the severall Synods and Presbyteries, -L especially these of the North, that Family Exercise in Religion, Visitation of the Churches, Catechising, keeping of the PresbyteriaU and Pro- vinoiall meetmgs (both by Preaching and Ruling Elders) be more carefully observed. II. That the Clerk at least subscribe every Book before it come to the Assembly, and that every Act be noted on the Margent, for a directory of expedi- tion. III. That the Assembly would seriously studie by all meanes and wayes how to procure the Magis- trates concurrence to curb and punish these noto- rious vices which abound in the Land, especially in the Northern parts. The Assembly approves the Overtures fore- saids, and ordains them to be observed : and for the last, the Assembly being confident of the readinesse of the Judge Ordiuar to restrain and punish these faults. Do therefore ordain all Presbyteries to give lip to the Justice, the names of the Adulterers, incestuous persons. Witches and Sorcerers, and others guilty of such grosse and fearfull sins within their bounds, that they may be Processed, and punished according to the Laws of this Kingdom ; and that the Presbyteries and Synods be carefull herein, as they will answer to the Generall Assemblies. And because that Witch-craft, Charming, and such like, proceeds many times from ignorance ; There- fore the Assembly ordains all Ministers, especially in these parts where these sios are frequent, to be diligently Preaching, Cate- chising, and conferring, to inform their people thereintill. Sess. XI. 6 Aug. 1642. Act against Petitions, Declarations, and sxuMUce, in name of Ministers, witltout their knowledge or con- sents. riIHE Generall Assembly being informed, that _l after the Petition presented to the Lords of His Majesties Privie CounceU by the Noblemen, Burgesses, and Ministers, occasionally met at Edin- 328 RECORDS OF THE [1642. burgh the 31 day of May last by-past, had received a very gracious Answer, There was another Peti- tion given in to their Lordships upon the day of June last, entituled, The Petition of the No- bihtie, Gentrie, Burrows, Ministers, and Commons : which as it was not accompanied with any one Mi- nister to the Lords of Privie Councell, so all the Ministers of this Assembly, disclaims and dis- avoweth any knowledge thereof, or accession thereto. And the Assembly conceiving that the Kings Ma- jestic himself, and all the Courts and Judicatories of this Kingdome may be deluded and abused, and the Kirk in Generall, and Ministers in particular, injured and prejudged by the like practices here- after. Do therefore prohibite and discharge all and every one to pretend or use the name of Ministers to any Petition, Declaration, or suchlike at any time hereafter, without their knowledge, consent, and assistance : And if any shall doe the contrary, ordaines Presbyteries and Provinciall AssembUes to proceed against them with the highest censures of the Kirk. Sess. XL 5 Aug. 1642. Act anent tiie AasenihVks desires to the Lords of CounseU and Gonsereostors of Peace. THE Assembly being most desirous to use all, and to omit no lawful! meane or occasion to testiiie their zeale by dealing with God and man, for furtherance of their desires of Unity in Religion and uniformity of Kirk-government, And consider- ing the great necessity, that the Kirk and State contribute jointly their best endeavours to this happy end : Therefore enjoynes the Moderator, and the Commissioners from the Assembly, to suppli- cate with all earnestnesse and respect, the Lords of his Majesties Honourable Privie Councell, and like- wise the Commissioners appointed by his Majestie, and the Parliament, for conservation of the Peace, that they may be pleased to concur with the Kirk in the like desires to His Majesty and the Parlia- ment of England, and in the like directions to the Commissioners of this Kingdome, at London for the time, that by all possible means, Civill and Ecclesiastick, this blessed Worke may be advanced, aud a happy settling betwixt His Majestie and his Parliament, may be endeavoured, and the com- mon Peace betwixt the Kingdomes continued and strengthened. Sess. XI. Aug. 5, 1642. Tim Assemblies Immble deske to the Kings Majestie for the Bignatar of £500 Sterling, and recommendation thereof to tJie Kings Commissioner. THE Generall Assembly havmg received the Re- port of the proceedings of the Commissioners of the late Assembly, and specially that His Ma- jestie was graciously pleased, upon their humble Petition, solemnly to promise and declare under his Royall hand, his pious resolution and dedication of £500 sterling, out of the readiest of his Rents and revenues, to be imployed yearly on publike neces- sary and pious uses of the Kirk, at the sight of the Generall ABsembly,asHis Majesties gracious Answer of the 3 of January 1642, registrate in their books at His Majesties own desire, for their further assur- ance of his Majesties pious zeale, doth more fully proport. Likeas being informed that His Majestie was graciously pleased to signe and send down to the Kirk the Signator of the said £500 yearly to have past the Exchequer, albeit the samine is not as yet delivered ; And considering His Majesties pious directions to them by His Majesties Letter to plant and visit the utmost skirts and borders of the King* dome, as most necessary for the glory of God, the good of the Kirk, and His Majesties honour, aud service, which is only stopped by the want of charges for publike visitations. And withall to remonstrate to His Majestie by his Commissioner, their just and necessary desires for what way further serve to the good of Religion, wherennto His ma- jesties Commissioner promised his best endeavours and assistance. Therefore the Assembly doth most earnestly recommend to His Majesties Commis- sioner to represent to His Majestie, with his best assistance, the humble and necessary desires of the whole Assembly, that His Maj estie will be graciously pleased to command that Signator, already signed by His Royall hand (or to signe another of the samine tenor, whereof they deliver the just double to His Majesties Commissioner for that effect) to be sent to this Kingdom, and delivered to the Com- missioners from this Assembly, who are to sit at Edinburgh, or to the Procurator of the Kirk, whereby His Majestie shall more and more obUge this whole Kirk to pray for a blessing from Heaven upon his Royall Person and Government. SiBss. XI. 5 Aug. 1642. The Assemblies Letter to the Commissioners of this Kingdom at London. Right Honourable, WE have received your Lordships Letter, with the Declaration of the Parliament of England, and have sent this Noble bearer to His Majesty with our humble Supplication, and to youi Lordships with our Answer, earnestly desiring Unity of Religion, and Uniformity of Kirk-govemment, to be presented by your Lordships, and this Noble bearer to the Honourable Houses of Parliament. Your Lordships will perceive by the inclosed Copies, and by our de- sires to His Majesties Honourable Privie Councell and Commissioners for the conservation of the Peace, to joyn their best endeavours with His Majestie and the Parliament, and their directions to your Lordships, by our leaving a Commission behiude us, to concur with them in all Ecclesiastick wayes, and by our appointing publike Prayers, and a solemn Fast through this Kirk, for the further- ance of this great work of Reformation, aud con- tinuance of the common Peace, that this unity in Religion and Uniformity of Kirk-govemment is the chiefest of our desires, prayers, and cares : where- nnto as we have been encouraged by the faithfull labors of the Commissioners of this Kingdom in the late Treaty, and continued and renewed by your Lordships, so we are assured, that your Lordships will omit no lawfull mean, argument, or occasion of seconding the same there, And advertising our Commissioners at Edinburgh, wherein they may further concur with your Lordships for the further- ance of the Work, which tends so much to the glory of God, advancement of Christa Kingdom, increase of the honour and happinesse of our Soveraign, and the peace and welfare of these Kingdoms, whereby your Lordships will oblige this Kirk more and more to pray for a blessing on your persons and travels, and to lest Yours in the Lord The Commissioners of the Generall Assembly. S. Andrews 5 Aug. 1642. 164.2.] KIRK OF SCOTLAND. 329 A Letter from some Ministers of England. Keverend and wel-beloved in our Lord and Saviour, WE received with much joy and satisfaction, the Answer which your Generall Assembly vouch- safed us to our Letters of the last yeer. Some of us, in the name of our Brethren, thought it then fit by M. Alexander Henderson (a Brother so justly ap- proved by you, and honoured by us) to return our deserved thanks. And we now further think it equall upon this occasion, to make a more publike acknowledgement of such a publike favour. You were then pleased to give us fair grounds, to expect that brotherly advice and endeavours, which the common cause of Christ, and the mutual! interest of the united Ifations, command us now again to ask, if not to chalenge. We doubt not but your experience, together with your intelligence, abun- dantly informes you of our condition, what various administrationsof providence wehave passed through, and we still lye betwixt hopes and feares, a fit tem- per for working ; the God of all grace enable us to improve it. As our hopes are not such as may make us fear, so neither doe our Feares prevail, to the casting away our confidence. Your own late con- dition, together with this Declaration of ours pre- sent, may acquaint you with the certain, though subtil, authors and fomentors of these our confused conflicts : which we conceive to be the Hierarchical faction, who have no way to peace and safety, but through the trouble and danger of others. Our prayers and endeavours, according to our measure, have been, and shall be, for the supplanting and rooting up whatsoever we finde so prejudiciall to the establishment of the Kingdome of Christ and the peace of our Soveraigne. And that this Decla- ration of our selves may not leave you unsatisfied, we think it necessary further to expresse. That the desire of the most godly and considerable part amongst us, is. That the Presbyterian Government, which hath just and evident Foundation both in the Word of God, and religious reason, may be esta- blished amongst us, and that (according to your inti- mation) we may agree in one Confession of Faith, one directorie of Worship, one publike Catechisme and form of government : Which things, if they were accomplished, we should much rejoyce in our happy subjection to Christ our Head, and our de- sired association with you our beleved brethren. For the better effecting whereof, we thought it neces- sary, not only to acquaint you with what our de- sires are in themselves, but likewise to you, that is. That what way shall seem most fit to the wisedom of that grave and religious Assembly, may be taken for the furtherance of our indeavours in this kind. We understand that our Parliament hath been be- forehand with us in this intimation, and it cannot but be our duty, who are so much concerned in the businesse, to adde what power the Lord hath given us with you to the same purpose. This designe and desire of ours hath enemies on the Left hand ; and dissenting brethren on the Right ; but we doubt not, that as our hearts justifie us that our intentions are right, and such as we conceive tend most to the glory of God, and the peace of the Churches of the Saints ; so (by yonr brotherly concurrence in the most speedy and effectuall way you can find out) the Work will, in Gods due time, receive a prayed for, hoped for issue. We shall not need by many argu- ments from mutual! National! interest (though wo know you will not overlook them) to inforce this request, the firme bond wherewith we are all united in our Lord Jesus Christ, we are assured will alone engage your faithful! endeavors in this businesse. To him we commit yon, with these great and im- portant affairs you have in hand. Be pleased to ac- cept of these as the expression of the mindes of our many godly and faithful! Brethren, whose hearts we doubt not of, neither need you, though their hands in regard of the suddennesse of this opportunity could not be subscribed together with ours, who are Your most affectionate friends and brethren in the Work of the Lord. London 22 July, 1642. Answer to the Ministers Letter. Right Reverend and beloved in the Lord Jesus. BY our Answer to the Declaration sent unto us from the honourable Houses of Parliament, ye may perceive that your Letter which came into our hands so seasonably, was not only acceptable unto us, but hath also encouraged us to renew both to the Kings Majestie and the Houses of Parliament, The desires of the late Commissioners of this King- dome for Unity in Religion, in the four particulars remembred by you, we cannot be ignorant but the opposition from Satan and worldly men in Kirk and Policy, will still be vehement as it hath been already, But we are confident through our Lord Jesus Christ, that the prayers and indeavours of the godly in both Kingdoms, will bring the work to a wished, and blessed Issue. This whole nationall Kirk is so much concerned in that Reformation and Unity of Religion in both Kingdomes, that without it we cannot hope for any long time to enjoy our puritie and peace, which hath cost us so dear, and is now our chiefest comfort and greatest treasure : Which one cause (beside the Honour of God) and the happinesse of the People of God in that King- dome, more desired of us then Our lives) is more then sufficient to move us. To contribute all that is in our power for bringing it to passe. And since we have with so great liberty made our desires and hopes known both to King and Parliament, it is a duety incumbent both to you and us, who make mention of the Lord, and are Watch-men upon the Walls of Jerusalem, never more to keep silence nor to hold our peace day nor night, til! the righteous- nesse of Sion go forth as brightnesse, and the sal- vation thereof as a lamp that burneth. And if it shall please the Lord to move the hearts of King and Parliament, to hearken unto the motion, for which end we have resolved to keep a solemne Fast and Humiliation in all the Kirks of this Kingdome, the mean by which we have prevailed in times past, we wish that the work may be begun with speed, and prosecuted with diligence by the joint labours of some Divines in both Kingdoms, who may pre- pare the same for the view and examination of a more frequent Ecclesiastick meeting of the best affected to Reformation there, and of the Com- missioners of the Generall Assembly here, that in end it may have the approbation of the Generall Assembly here, and of all the Kirks there, in the best way that may be, we wish and hope at last in a national! Assembly ; Our Commissioners at Edin- burgh, shall in our name receive and retume an- swers for promoving so great a Work, which we with our heart and our soule recommend to the blessing of God, we continue. Your loving bretliren and fellow-labourers. 330 RECORDS OF THE [1642. Act far the Lord MaiHands presenting ilie Assemblies Supplication to His Majestic, and for going to the Commissioners at London, with the Answer to tite Parliament ofJSnglands I)eclarati6n, THE Generall Assembly considering the necessity of sending some person of good worth and qua- lity for to present their humble Supplication f o His Majestie, and to deliver their directions to the Com- missioners-of this Kingdom, now at London, with their Declaration to the Parliament of England, and Answer to some wel-affeoted Ministers of that Kirk : And having certain knowledge of the worth, ability, and faithfulnesse of John Lord Maitland, one of their number, who being witnesse to all their intentions and proceedings, can best relate their true loyaltie and respect to their Soveraign, and bro- therly affection to the Kirk and Kingdom of Eng- land therein ; Therefore do unanimously require his Lordships pains, by repairing to Court and to Lon- don for the premisses, which hereby they commit to his diligence and fidelity; willing his Lordship to make account of his proceedings herein to then- Commissioners appointed to sit at Edinburgh. Sess, XII. 5 Aug. post ineridiem. Commission for pvhlike affairs of this Kirk^ and for prosecuting the desires of this Assembly to His Ma- jestic and tlie Parliament of England. THE Generall Assembly considering the laudable custome of this Kirk for to appoint some Com- missioners in the interim betwixt Assemblies, for presenting of Overtures and prosecuting the other desires of the Kirk to His Majestie, the Lords of His Councell, and the Estates of Parliament ; and taking to their consideration the present condition of the Kirk of England, with the Declaration thereof sent down from the Parliament, and some reverend Brethren of the Ministery there, with their own Answer to the Parliament and Ministery, and their humble Supplication to His Majestie for Unity of Religion and Uniformity of Kirk-government. And withall reraembring their desires to the Ho- nourable Lords of His Majesties Secret Councell, and to the Commissioners appointed by the King and Parliament, for conservation of the common Peace, That they would joyn their concourse in their desires to His Majestie and Parliament, and direc- tions to the Commissioners of this Kingdom at London for the time. And likewise considering their good hopes from Gods gracious favour to this Island, that by his good providence he will in his own way and time settle tliis great Work through this whole He ; And that it is both our earnest desire and Christian duty to use all lawful! means and Ecclesiastick wayes for furtherance of so great a Work, continuance of the common peace betwixt these nations, and keeping a brotherly correspond- ence betwixt these Kirks. Tljerfore the Assembly thinks it necessary before their dissolving to appoint, and by these presents do nominate and appoint, Masters, Andrew Eamsay,Alex. Henderson, Robert Dowglas, William Colvill, William Bennet Minis- ters at Edinburgh, M. William Arthur, Minister at S. Cuthbert, M. James Robertson, John Logan, Robert Lighten, Commissioners from Dalkeith to this Assembly : Masters, Andrew Blackhall, James Fleeming, Robert Ker, Commissioners from Had- dingtoun to this Assembly : Masters, George Ha- milton, Robert Blair, Arthur Mortoun, David Dal- gleish, Andrew Bennet, Walter Greg, John Mon- creff, John Smith, George Gillespie, John Ross, John Duncan, Walter Bruce, Commissioners for the Presbyteries within the Province of Fyffe : M. David Calderwood, Minister at Pencaitland, M. John Adamson, Principal of the CoUedge of Edin- burgh, M. John Strang Principal of the CoUedge of Glasgow, M. David Dickson, M. James Bonar, M. Robert Bailie, M. John Bell, M. Robert Ramsay, M. George Young, M. Henry Guthrie, M. Samuel Oustein, M. John Robertson, Minister at S. John- stoun, M. John Robertson, Minister at Dundie, M. John Hume Minister at Eckills, M. Andrew Cant, M. William Guild, M. Samuel Rutherfnrd, M. James Martin, M. Alexander Monroe, M. Robert Murray, M. John Maclellan, Andrew Doncanson, M. Silvester Lambie, M. Gilbert Ross, Ministers : Marquesse of Argyle, Earles of Lauderdaile, Glen- carne, Kinghorne, Eglintoun, Weemes, Cassils : Lords, Gordoun, Maitland, Balcarras, Sir Patrick Hepburne of Wauchtoun, Sir David Home of Wed- derburne, Sir David Creightoun of Lugtonn, Sir David Barclay of CuUearnie, John Henderson of Fordell, M. George Winrame of Libertoun, Sir Robert Drummond, Sir William Carmichaell, John Binnie, Thomas Paterson, John Sempill, John Kennedy of Air, John Leslie from Aberdene, William Glendin- ing Provest of Kirkubright, Jolm Colzear, Rvlimg Elders, with the concurse of the Procurator of the Kirk : And grants to them full Power and Commis- sion in this interim, betwixt and the next Assembly, for to meet and conveen at Edinburgh upon the 17 day of this moneth of August, and upon any other day, or in any other place, as they shall think con- venient : And being met and conveened, or any fif- teen of them, there being alwayes twelve Ministers present : With full power for to consider and per- forme what they finde necessary for the Ministerie, by preaching, supplicating, preparing of draughts of one Confession, one Catechisme, one directory of publilce Worship (which are alwayes to be revised by the next Generall Assembly) and by all other lawfuU and Ecclesiastick wayes, for furtherance of this great Work in the Union of this Hand in Reli- gion and Kirk-government, and for continuance of our own peace at home, and of the common peace betwixt the Nations, and keeping of good corre- spondence betwixt the Kirks of this Hand. Like as if it shall please God to blesse the prayers and en- deavours of his Saints for this blessed Union, and that if either the Lords of Councell, or Commis- sioners for the Peace shall require their concurse at home or abroad, by sending CommissioneTs with theirs to His Majesty and Parliament for that effect, or that they themselves shall finde it neces- sary, The Assembly grants full power to them, not only to concurre by all lawfuU and Ecclesiastick wayes, with the Councell and Conservators of the Peace at home, but also to send some to present and prosecute their desires and humble advice to His Majestie and the Parliament, and the Ministerie there, for the furthering and perfectmg of so good and great a Worke. Like as, with power to them to promove their other desires, overtures, and re- commendations of this Assembly, to the Kings Ma- jestie, Lords of Councell, Session, Exchequer, and Commissioners of Parliament, for plantation of Kirks, for common burdens, or conservation of the common peace, and to the Parliament of this King- dom, in case it fall out pro re nata before the next Assembly. And such like, with as full power to them to proceed, treat and determine in any other matters to be committed to them by this Assembly, as if the samine were herein particularly insert, and with as ample power to proceede in the matters par- ticularly or generally above-mentioned, as auy Com- 16*2.] KIRK OF SCOTLAND. 331 miBsioners of Generall Assemblies have had, and have been in use of before : They being alwayes comptable to, and censurable by the next Generall Assembly, for there proceedings thereanent. Seas. XIII. 6 Aug. 1642. A Petition from some distressed Professors in Ireland. To the Keverend and right Honourable the Moder- ator and remanent members of the Generall Assembly of Scotland, conveened at S. Andrews, July 1642. The humble Petition of the most part of the Scottish Nation in the North of Ireland, in their own names, and in name of the rest of the Protestants there, Ilmnhly slieweth, ' j^HAT where your Petitioners by the great bless- X ing of the Lord, enjoyed for a little while a peaceable and fruitful! Miuisterie of the Gospel, yet through our own abuse of so rich a mercy, and through the tyrannic of the Prelates, we have been a long time spoiled of our Ministers, (a yoke to many of us heavier then death) who being chased into Scotland, were not altogether un-usefuU in the day of your need ; And we having been since op- pressed and scattered, as sheep who have no shep- herd, now at last the wise and righteous hand of the Lord, by the sword of the Rebels, hath bereft us of our friends, and spoiled us of our goods, and left us but a few, and that a poor handful! of many, and hath chased from us the rest that were called our Ministers ; the greatest part whereof we could scarce esteem such, as being rather Officers to put the Prelats Injunctions in execution, than feeders of our souls : So that now being visited with sword and sicknesse, and under some apprehension of famine, if withal! we shall taste of the sorest of all plagues, to be altogether deprived of the Ministery of the Word, we shall become in so much a worse condition then any Pagans, as that once we enjoyed a better : Neither know we what hand to turn us to for help, but to the Land so far obliged by the Lords late rare mercies, and so far enriched to furnish help of that kinde ; a Land whence many of us drew our blood and breath, and where (pardon the neces- sary boldnesse) some of our own Ministers now are, who were so violently plucked from us, so sore against both their own and our wills ; yea, the Land that so tenderly in their bosoms received our poor out-casts, and that hath already sent us so rich a supply of able and prosperous Souldiers to revenge our wrong. Therefore, although we know that your zeale and brotherly aifection would urge you to take notice without our advertisement, yet give us leave in the bowels of our Lord Jesus Christ, to intreat, if there be any consolation in Christ, if any comfort of love, if any fellowship of the spirit, if any bowels of mercy, that now in this nick of time, when the swoi-d of the Enemie making way for a more proiiiable enter- taining the Gospel, having also banished the Pre- lates and their followers, when our extremity of distresse, and the fair hopes of speedy settling of peace, Imth opened so fair a doore to the Gospel, you would take the cause of your younger sister, that hath no brests, to your serious consideration, and pity poor Macedonians crying to you that ye would come over and help us, being the servants of the God of your Fathers, and claiming interest with you in a common Covenant, that according to the good hand of God upon us, ye may send us Ministers for the house of our God, We do not take upon UB to prescribe to you the way or the number, but in the view of all, the finger of the Lord points at these, whom though persecution of the Prelats drew from us, yet our interest in them could not be taken away, wherein we trust in regard of several of them, called home by death, your bounty will super-adde some able men of your own that may help to lay the foundation of Gods house, according to the Pattern. But for these so unjustly reft from us, not only our necessity, but equity pleads, that either you would send them all over, which were a Work to be parallelled to the glories of the Primitive times, or at least that ye would declare them transportable, that when Invitators shall be sent to any of them, wherein they may discerne a call from God, there may be no difficultie in their loosing from thence, but they may come back to perfect what they began, and may get praise and fame in the Land, where they were put to shame. Neither are you to ques- tion your power over us so to doe, or crave a presi- dent of your own practise in that kind, for our extraordinary need calling on you, furnisheth you with a power to make this a president for the like cases hereafter : herein if you shall lay aside the particular concernment of some few places, which you may easily out of your rich Nurseries plant again, and make use of your publihe spirits, which are not spent, but increases by your so many noble designes ; you shall leave upon us and our posteritie the stamp of an obligation that cannot be delete, or that cannot be expressed ; you shall send to all the neighbouring Churches a pattern, and erect for after-ages a monument of self-denying tender zeale ; you shall disburden the Land of the many out-casts, who will follow over their Ministers ; and you shall make it appear, that the churlish bounty of the Prelats, which at first cast some of these men over to us, is not comparable with the cheerfuU liberalitie of a rightly constitute Generall Assembly, to whom we are perswaded, the Lord will give seed for the loane which you bestow on the Lord ; yea, the day may come when a Generall Assembly in this Land may returne to you the first fruits of thanks, for the plants of your free gift. And although you were scant of furniture of this kinde your selves, or might apprehend more need then formerly, yet doubtlesse, your bowels of compassion would make your deep povertie even in a great tryal of affliction, abound to the riches of your liberalitie. But now seeing you abound in all things, and have formerly given so ample a proof of your large bestowing on Churches abroad in Germanic and France, knowing that you are not wearied in well-doing, we confidently pro- mise to our selves in your name, that ye will abound in this grace also, following the example of om' Lord and the Primitive Churches, who alwayes sent out disciples in paires. But if herein our hopes shall faile us, we shall not know whether to wish that we had died with our Brethren by the Enemies hand ; for we shall be as if it were said unto us, Goe serrn otlier Gods ; yet looking for another kinde of Answer at your hands, for in this you are to us as an Angel of God, we have sent these bearers, M. John Gor- doun and M, Hugh Campbell our Brethren, who may more particularly informe you of our case, and desire that at their returne, they may refresh the bowels of Your most instant and earnest Supplicants. Commission to some Ministers to goto Irela/nd. THE Assembly having received a Petition sub- scribed by a considerable number in the North of Ireland, intimating their deplorable condition, through want of the Ministerie of the Gospel, ocea- 332 RECORDS OF THE [1642. sioned by the tyrannie of the Prelats, and the sword of the Rebels, and desiring some Ministers, especially such as had been chased from them, by the persecution of the Prelats, and some others to be added, either to be sent presently over to reside amongst them, or declared transportable, that upon invitation &om them, they might goe and settle there ; together with some particular Petitions, desiring the returne of some particular Ministers, who had laboured there before : All which the Assembly hath taken to their serious consideration, being most heartily willing to sympathize with every member of Christs Body, although never so remote ; much more with that Plantation there, which for the most part was a Branch of the Lords Vine, planted in this Land. In which sollicitude, as they would be loath to usurpe without their own bounds, or stretch themselves beyond their own measure ; so they dare not be wantmg, to the enlargement of Christs Kiugdome, where so loud a cry of so extreame necessitie, could not but stirre up the bowels of Christian compassion. And although they conceive that the present unsettled condition both of Church, and State, and Land, will not suffer them as yet to loose any to make constant abode there ; yet they have resolved to send over some for the present exigent till the next General! Assembly, by courses to stay there four moneths allanerly : And therefore doe hereby authorize and give Commission to the persons following, to wit, M. Robert Blair, Minister at S. Andrews, and M. James Hamilton, Minister at Dumfreis for the first four moneths : M. Robert Ramsay, Minister at Glasgow, and M. John Mac- lelland. Minister at Kirkudbright, for the next four moneths: and to M. Robert Baillie, professor of divinitie in the University of Glasgow, and M. John Levistoun, Muiister of Stranraire for the last four moneths : To repair into the North of Ireland, and there to visit, comfort, instruct, and encourage the scattered flocks of Christ, to employ to their uttermost with all faithfulnesse and singlenesse of heart, in plantmg and watering, according to the direction of Jesus Christ, and according to the doctrine and discipline of this Church in all things. And if need be (with concurrence of such of the Ministers of the Army as are there) to try and ordain such as shall be found qualified for the Mi- nisterie. Giving charge unto the persons foresaid in the right of God, that in doctrine, in worship, in discipline, and in their dayly conversation, they studie to approve themselves as the Miuisters of Jesus Christ, and that they be comptable to the Generall Assembly of this Kirk, in all things. And in case if any of the above-mentioned Ministers be impeded by sicknesse, or otherwise necessarily detained from this service, the Assembly ordaines the Commissioners residing at Edinburgh, for the publike affairs of the Church, to nominate in their place well qualified men, who hereby are authorized to undertake the foresaid imployment, as if they had been expressly nominate in the face of the Assembly. And this, although possibly it shall not fully satisfie the large expectation of the Brethren in Ireland, yet the Assembly is confident they will take in good part at this time, that which is judged most con- venient for their present condition, even a lent mite out of their own not very great plenty, to supply the present necessity ; requiring of them no other recgmpence, but that they in all cheerefulnesse may embrace and make use of the message of salvation, and promising to enlarge then: indebted bounty at the next Assembly, as they shall finde the Worke of the Lord there to require. In the meane while, I wishing that these who are sent, may come with the full blessmg of the Gospel and peace, and re- commending them, their labours, and these to whom they are sent, to the rich blessing of the Great Shepherd of the flock. Sess. XIIL 6 Aug. 1642. Act against Slandering of Ministers. THE Generall Assembly considering the malice of divers persons in raising calumnies and scandalls against Ministers, wliich is not onely in- jurious to their persons, and discreditable to the holy calUng of the Ministerie, but doth also prove often a great prejudice and hinderance to the pro- moving of the Gospel : Doe therefore ordain Pres- teries and Synods to proceed diligently in processe against all persons, that shall reproach or scandall Ministers, with the censures of the Kirk, even to the highest, according as they shall finde the degree or quality of the scandal deserve. Act anent ordering of the Assembly House. THE Assembly for better order in time coming ordains the Act of the Assembly at Aberdene for ordering the House of the Assembly to be kept hereafter punctually. And for that effect, that the samine be reade the first Session of every As- sembly. Act for remenibring inpiMihe Prayers tlie desires of the Assembly to the King and Parliament, and indiclkm ofapublike Fast. THE Generall Assembly being desirous to pro- move the great work of Unity in Religion, and Uniformity in Church-government, in all thir three Dominions, for which the Assembly hath humbly supplicate the Kings Majestie, and remon- strate their desires to the Parliament of England, lest they should be wanting in any meaue that may further so glorious and so good a Work: Doe ordam, that not only the said Declaration to the Parliament, and Supplication to the Kings Majestie, shall be accompanied with the earnest Petitions and prayers of the whole Brethren in private and pub- like, for the Lords blessing thereunto, according to the laudable custome of our predecessors, who in the year of God 1589, ordames that the Brethren m their private and publike prayers, recommend unto God the estate of the afflicted Church of England ; But having just cause of fear, that the iniquities of the Land, which so much abound, may marre this so great a Work, doe also ordain a solemne Fast to be kept on the second Lords day of September, and the Wednesday following throughout the whole Kingdome for the causes after specified. I. Grosse ignorance and all sort of wickednesse among the greater part, security, meer formality and unfruitfuluesse among the best, and unthaiok' fulnesse in all. II. The sword raging throughout all Christen- dome, but most barbarously in Ireland, and dayly more and more threatned in England, through the lamentable division betwixt the King and the Par- liament there, tending to the subversion of Religion and Peace in all the three Kingdomes. III. That God may graciously blesse the supplica- tion of the Assembly to the Kings Majesty, and their motion to the Parliament of England, for Unity in Religion, and Uniformity of Kirk-govern- tnent, and all other meanes which may serve for 1642.] KIRK OF SCOTLAND. 333 the promoving of so great a Worke, and advance- ment of the Kingdome of Christ every where. IIII. That God may powerfully overturne all wicked plots and designes of Antichrist and his followers, and all divisive motions against the course of Reformation, and the so much longed for Union of the King and Parliament. V. That God may blesse the harvest. Beferenee from the Presbyterie of Kirlccaldie. ANENT the Acts of Assemblies, for observation of the Lords Day, profaned by going of Salt- pannes, That this Assembly would declare the limits of the Sabbath, during which the Pannes should stand. The Assembly referres the Answer of this Question, to the Acts of former Assemblies. Seference from the Synode ofFyffe. THAT the Provincial of Angus keep their meet- ing on the same day with the Synod of Fyife, which breakes the correspondence between them, appointed by the Generall Assembly of Glasgow. Answer. — The Assembly ordaines the Provin- ciall Assembly of Angus to keep their first meeting upon the third Tuesday of April, conforme to the Act of the said Assembly of Glasgow. O'certwes to he admsed by Presbyteries against the next Assembly., HOW Appeals shall be brought in to the Generall Assemblies, and by what sort of citation. What shall be the prescription of scandalls, within what space of time shall they be challenged, whether after three years, the Minister having been allowed and approved in life and doctrine by Synods, Pres- byteries, and Visitations. What order shall be taken for keeping Generall Assemblies, when Presbyteries send not the full number of Commissioners : Or when the Commis- sioners abide not untill the conclusion and dissolv- ing of the Assembly. Order to be advised for Testimonialls. THE Assembly appoints the next Generall Assembly to hold at Edinburgh the first Wed- nesday of August, 1643. Index of the Pbincipall Acts of the Assembly holden at S. Andrews, 27 July, 1642. Nat Printed. ~ 1, — His Majesties Commission granted to Charles Earle of Dumfermling. 2.— Election of M. Robert Douglas, Moderator. 3. — Acceptation of the Commission from the Scottish Kirk at Campheir, granted to M. William Spang. . . 4. Act renewing the Commissions for Visitation of the Universities of S. Andrews and Glasgow. 5.— Act anent delivery of the Irish contribution to the receivers appointed by the Secret Councell. 6. — Act anent Idolatrous Monuments in Ruth- wall. 7.— Act anent the Books of the Presbyteries m our Armie that went to England. a— Act anent planting the Kirk of Kilwinnmg. 9. — Commis. anent erecting a Presb. in Biggar. 10. — Act repealing the Act of the Synod of Gal- loway concerning tryal of actuall Ministers. 11.— The Kings Declar. anent the gift of £500. 12. — Act for sending of Expectants to Ireland, and for a Commission to be drawn up to some Ministers to go there. 13. — Reeom. to the Marques of Argyle anent Patrick Egertie, Priest, and all other Priests, or sayers of Masse in the North lies, or within the bounds of his Justiciarie. 14. — Act anent the reponing of M. Gilbert Power. 15. — Act for putting the Overtures anent main- taining Bursars in every Presb. in practice. 16. — Report of the Com. for revising some Synod Books, and the Assemblies approbation. 17. — Act for giving transumpts of the Covenant and Band. 18. — Act for sending of Generall Acts of Assem- blies to Synods. 19. — Act anent lames Murray. 20. — Report of the Committee of reports of the proceedings of the Commissioners of the last Assem- bly appointed to attend the Pari, with certain Over- tures of the Assemblies approbation thereof, with the double of the Signator of £500 sent to His Majestic. 21. — Com. for Visitation of Orknay and Zetland. 22. — Ref. to the Commis. of this Assembly, aneut the choise of any Minister to go to Ireland in place of any of the 6 appointed by this Assem. to that effect, in case they or any of them be impeded by sicknesse or death. 23. — Recom. of the lies, Anandail, Escdaill, Lid- disdaill, &o. for want of Kirlis and Schools, of the Presbyteries of Lochmaben, and Newbie, for want of a civill Magistrate, to the Commission for plant- ing of Kirks, and Secret Councell, respective. 24. — Ref. to the Commission of this Assembly for planting of the Kirk of Edinburgh. 25. — Act anent M. Colvils invitation to S. An- drews. 26. — Commission anent the planting of the Land- ward Kirk of S. Andrews. 27.^ — References and Overtures, and the Assem- blies answer thereto. 28. — Ref. to the Commis. of this Assembly anent M. lames Fairlie. 29. — Ref. to the Commis. of this Assembly anent the planting of the Kirk of Dundie. 30. — Overtures anent the Kirk of Campheir. 31. — Recom. to the Magistrates of Glasgow anent Mundayes Market. 32. — Act anent giving in to the Clerk the List of Expectants. 33. — Act giving power and liberty to Sir Archi- bald lohnstoun. Procurator for the Kirk and Clerk to the Generall Assembly, to adjoyn any to himself, or to depute any in these Offices whom he shall think fit. iSlisccItantoua l^istovitaX Hocutncntis, RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND 1642. 1. The Propositions and Articles gi/een in by the Scots Q/mmissioners, after the Lord Lowdon his Return from the Parliament of ScoUamd.* That the Treaty of Peace may be brought to a * ,Rushworth, vol. iv., pp. 373-5. 334 RECORDS OF THE [1642. speedy and happy Close, we did offer to your Lord- ships Consideration the Particulars following : — 1. That so soon as the Scottish Army shall remove out of England to Scotland, the English Garisona of Berwick and. Carlisle remove, sirnid S[ senid. 2. Lest Malefactors, who have committed Theft, Murther, and the like Crimes, crave the Benefit of the Act of Pacification and Oblivion, for whom it is no ways intended, there would be an exception from the said Act, of all legal pursuit, intended or to be intended, within the space of one Year, after the Date of the Treaty, against all Thieves, Sorners, Out-laws, Fugitives, Murtherers, Broken Men, or their Eeoeptors for whatsoever Thefts, Eeifs, Hard- ships, Oppressions, Depredations, or Murther done or committed by them ; and all lawful! Decrees given, or to be given, by the Parliament, or any Commissioners to be appointed by them for that effect, who shall have power to dignosce and take cognition, whether the same falls within the said Act of Pacification and Oblivion, or not. 3. It is desired. That the Demand concerning the not making or denouncing of War with Foreign- ers, without Consent of both ParUaments, may be condescended unto by the King and Parliament of England, which is ordinary and universally observed in all mutual Leagues, which are both defensive and offensive ; and because the Wars denounced by one of the Kingdoms with Foreigners, although made without Consent of the other Kingdom, will engage them by necessary Consequence ; or if the Consi- deration of that Proposition, shall require longer time than the present Condition of the important Affairs of the Parliament may permit, and lest the speedy Close of the Treaty be thereby impeded, it is desired, That this Demand, with the two other Articles of the same nature — the one concerning Leagues and Confederations, and the other concern- ing mutual Supply in case of Foreign Invasion — may all three be remitted to Commissioners, to be chosen by both Parliaments, who shall have power to treat and advise thereupon, for the Good of both Kingdoms, and to report to the Parliaments re- spective. 4. It is desired, That the Articles concerning Trade and Commerce, Naturalization, mutual Pri- vilege and Capacity, and others of that nature already demanded, may be condescended unto by the King and Parliament of England : And namely, that demand about the pressing of Ships or Men, by Sea or Land ; or of shortness of Time, and exi- gency of Affairs, may not permit the present Deter- mination of these Demands ; it is desired. That these same (except so many of them as are already agreed unto by the Commissioners for Trade) may be remitted to the Commissioners to be chosen by both Parliaments who shall have power to treat and advise thereof, for the good of both Kingdoms, and to make report to the Parliaments respective. And that the Charters or Warrants of the Scottish Na- tion, for freedom of Shipping in England or Ireland, from all Customs, Imposts, Duties, and Fees, more than are paid by the Natives of England and Ire- land, granted by E3ng James under the Broad Seal of England, upon the Eleventh of April, in the Thirteenth. Year of his.Beign, and confirmed by King Charles, upon the Ninteenth of April, in the Eighth Year of his Reign, may be ratified and enacted in the Parliament of England. 5. That the Extracts of Bands and Decretesput upon Record and Register in Scotland, may have the like Faith and Execution, as the French Tabel- liones have in England or Ireland, seeing they are of alike Nature, and deserve more Credit ; and if this cannot be done at this time, that it be remitted to the former Commission from both Parliaments. 6. The manner of safe Conduct for transportmg the Money from England to Scotland, by Sea or Land, would be condescended upon, in such a way as the Charges be not exorbitant. 7. The tenour of the Commission for conserving of Peace would be condescended unto, together with the Times and Places of Meetings, and whole Frame thereof; the Draught whereof, when it is drawn up in England, is to be represented to the Parliament of Scotland, that they may make like Commission, and name their Commissioners for that effect. 8. The Parliament of Scotland do join their earnest and hearty Desu-e, and crave the Parlia- ment's Concurrence, that none be in Places about the Prince his Highness, but such as are of the Reformed Religion. 9. That an Act of Parhament of PubUck Faith for payment of the Two hundred and twenty thou- sand Pounds of the Brotherly Assistance which is Arrear, may be presently framed and expedited, according to the Terms agreed upon. 10. It is desired, that the Quorum to whom the Scots address themselves for payment of £220,000 be condescended upon. 11. That the Order for re-ealling all Proclama- tions, &c. made against his Majesty's Subjects of Scotland, be drawn up, and intimated in due form and time, with the Publick Thanksgiving at all the Parish Churches of his Majesty's Dominions. 12. It is desired, That the Articles concerning the Castle of Edinburgh, and other Strengths of the Kingdom may be understood to be, that the same shall be disposed of for the Weal of the Kingdom, as the King and Parliament shall think expedient. TA« English Lm-ds Commissioners Arwcer, 1. That upon the disbanding of the Scottish Army, the Garisons of Berwick and Carlisle shall be removed, according to the Article of the Treaty on that behalf. 2. The second Article is condescended unto, according to the Provision added to the Act of Oblivion and Pacification, 3, 4, 5, 6. The third Demand concerning the making of War with Foreigners, with the other two Articles, concerning Leagues and Confederations, and concerning mutual Supply and Assistance against Foreign Invasion ; as likewise 4, 5, and 6, Articles, concerning Trade, Commerce, Naturaliza- tion, mutual Privilege and Capacity, and others of that nature, and the Demands concerning the Extracts of Bands and Decretes, and the manner of safe Conduct for transporting of Moneys from England to Scotland, are all referred to be taken into consideration by the Commissioner to be appointed by both Parliaments, who shall have Power to advise and treat thereupon, and report to the Parliaments respective. 7. It is just, That the tenour of the Commission for conserving of Peace should be agreed upon by mutual consent ; but the closing of the Treaty not to stay hereupon, but to be left to the Conmiissioners to be named. 8. To that Desire, concerning such as should be placed about the Prince, the King hath already given a clear and satisfactory answer. 9. That there be an Act of Parliament of pub- lick Faith, for securing the payment of £220,000, which is Arrear of the Brotherly Assistance, is just ; and order is given for it accordingly : And it shall be communicated with the Scottish Commis- sioners, that it may be a perfect Security. 1642.] KIRK OF SCOTLAND. 335 10. The Tenth, for appointing a Quorum for attending the payment of the Money, is ah-eady moved to the Parliament, and will be done as is desired. 11. The Eleventh Article is very just, and order shall be given accordingly for re-calling all Procla- mations, &c. and for publick Thanksgiving. 12. This Article for the Castle of Edinburgh, and other Strengths of Scotland, is to be settled betwixt his Majesty and the Commissioners of Scotland ; or by his Majesty and Parliament of Scotland. All which Articles are assented unto, and approved by his Majesty, with Advice of the Parliament of England, and by the Committees of the Parliament of Scotland ; and are necessary, for publick Decla- ration of mutual Consent ; and for firm Observa- tion, to be confirmed and ratified in the Parliaments of both Kingdoms. The Act of Pacification. Be it therefore enacted by his Majesty, with the Assent of the Lords and the Commons, in this pre- sent Parliament assembled, That the said Treaty, and all the Articles thereof assented to as aforesaid, be and stand for ever ratified and established, and have the Force, Vigour, Strength, and Authority of a Law, Statute, and Act of Parliament. Like as this afore-written Treaty, and whole Articles thereof, are by his Majesty and the States of the Parliament of Scotland, enacted and ordained in all time coming, the full force and strength of a true and perfect Security, and Act of the said Parliament. And his Majesty for himself and his Successors, doth promise in verho PrincipiSj never to come in the contrair of this Statute and Sanction, nor any thing therein contained ; but to hold the same in all points firm and stable, and shall cause it to be truly observ'd by all his Majesty's Lieges, accord- ing to the Tenour and Intent thereof, for now and ever. Like as the Parliament of both Kingdoms give full assurance, and do make publick Faith in the Name of both Kingdoms Eespectively, for the True and Faithful Observance of this Treaty, and whole Articles thereof Inviolably, Mno inde, in all time to cpme. 2. Principal BaUlie's Journal ofilie Assembly, 1642, in a Letter to the Rm. William ^oMg." Cousin, You had long ago from me, an account of our parliament ; what has fallen out since in England and Ireland, you know it as well as I. The world sees the passages daily in print, and it is like, many hands will be careful to give account to posterity, of so many notable pieces of state as have fallen out this year in our dominions. The misintelligence of the King withhis parliament continuestothis day. When they had found the accusation, and had assayed to arrest by force in the middle of the House of Com- mons, five of their well-deserving members to the King's long stay in his way from Scot- land, and extraordinary caressing of the city of London, they became more jealous than ever, that their old enemies were on some new ways to malce all their labours fruitless. Their great fears forced them to these guards which occasioned the King in maleoontentment to go from Whitehall, and the * Baillie, vol. i., p. 337. Queen to leavethe kingdom. Mutual misunderstand- ing has ever since increased pitifully ; the putting of Sir William Balfour from the tower of London ; my Lord Digby's appearing in arms about Kingston, his flight to Holland, and idle letters to the King and Queen; my Lord Newcastle's attempt on Hull, before Sir John Hotham's coming there ; Sir John's refusing to let the King enter ; his Majesty besieg- ing of that place ; my Lord Warwick's using of the navy against the King's mind ; the great desertion of the parliament, by noblemen and others ; that thrice traitor Goring's delivery of Portsmouth to the King, has now well near betrayed Ireland to the will of the barbarous rebels, has put England in the posture of a most dangerous war, the event whereof, what it may be, we tremble to think. The best-affected of our council, before these evils went so high, thought meet to send up our Chancellor to see what his counsel might effectuate betwixt King and parliament. His Majesty, at that time, mis- liked the way of intercession, and caused the Chan- cellor to return, requiring our council withal to read and consider all that had passed betwixt him and the parliament, that finding how much he was injured by them in his just and legal prerogative, our council might, in name of our kingdom, declare the sense of these wrongs to the parliament by what commissioners they pleased. To this council-day were invited, by his Majesty's letters, all the noble- men and other counsellors who were affected his way. The parliament, to preveen inconveniencies, moved our commissioners to send down Sir Archi- bald Johnston, with a declaration from them of their proceedings ; trusting thereby to demonstrate, that all their ways with his Majesty should appear necessary and just. Upon that meeting of our coun- cil there were many eyes. The banders flocked to the town with so great backing, the Chancellor and Argyle's company was so small, that there was a great rumour raised of a wicked design against Ar- gyle's person ; but incontinent the gentry and minis- try of Fife running over in thousands, and the Lothiaus with the town of Edinburgh cleaving to Argyle above expectation, the banders courage and companies of foot and horse melted away as snow in a hot simshine. A paper of Sir Archibald John- ston's, as a letter to a friend, gave good satisfac- tion to the minds of men. The petition of those who met was so resolute, full, and well conceived. My Lord Montgomery's petition was so evil taken, that the council, however at the beginning for the far most part so resolute to have concluded a boasting mediation to the terrifying of the parliament, yet in end was glad to lay down all such motions. Since the King was not able to carry his intentions, his pleasure was we should desist for a time to essay any accommodation. When the Marquis of Hamil- ton had left, first the parliament, and then the King, we thought he had come to us with some instructions from the one or both ; but it seems he had nothing from either, but, to eschew drowning, had chosen to leave both for a time, since both could not be kept, and to both his obligations were exceeding great. It were a pity that our armies were so unhappily employed, when there is so fair an occasion offered to set our friends abroad on their feet, and to put our enemies once for all, over the brae, never more to arise to their terrible former greatness. At this time I will only give you an account of our late assembly at St Andrew's. On our way we heard of sundry rumours of the banders intention to essay their numbers, to extort from the assembly an exposition of our covenantj favourable for an expe- 336 RECORDS OF THE [1642. dition to England, for vindication of the King's honour, which was alledged to be unjustly trampled upon by the parliament. However, we found no footsteps, when we came to the place, of any such plot ; yet to preveen it, many of our best noblemen thought meet to countenance the assembly : not only all the noblemen of Fife— Weems, Burleigh, Sin- clair, Elcho, Balcarras— but Argyle also brought over with him, Eglinton, Cassils, Glencairn, Lau- derdale, Gordon, Maitland, and others, who all were elders, and voiced. The parliament of England also thought meet to send to us, by our commis- sioners, a declaration of their earnest desire to have their church reformed according to the word of God, and a copy of their petition to the King for peace. Lest the carrier hereof, Mr Robert Barclay, should have been so long detained by the King, whom he was directed to visit by the way, another copy was sent to us, which came with Mr IJorthwick's man, on the fourth morning, from London. We thought our- selves much honoured by the respectful letters both of the King and parliament to us. It seems it con- cerned both to have our good opinion. On Monday, the 26th of July, we came over the water ; not without dauger and fear. Tuesday the 27th, we came to St Andrew's. We found there, in the people, much profanity and ignorance, swear- ing, drunkenness, and the faults of the worst burghs, with extraordinary dearth. On Wednes- day the 28th was a fast. Mr Henderson preached graciously and wisely, on 2 Cor., vi., 1, 2, 3 ; taxed freely the vices of ministers, among other the hu- mour of novation. In the afternoon, Mr Blair had a sermon on Isaiah, lii., 7, 8, 9. He had preached thrice that week for Mr Rutherford, and was un- well : it seems he expected Mr Andrew Bamsay to have preached that diet, being the antecedent mo- derator ; but he was absent, not being a commis- sioner. After both sermons, we entered the Old College with great trouble. Dumfermling took the chair of state for the King. He was in his way for France ; for hither his mind carried him, against the heart of all his friends ; but having this favour- able commission put on him, by all mens expecta- tion, he came with a number of his noble friends ; his nephew, the Master of Zester, carried the com- mission in a purse before him. After prayer, the moderator leeted Mr Robert Douglas, Mr James Bonner, Mr Andrew Cant, Mr Robert Blair. Cas- sils, for keeping of the assembly's liberty, caused add Mr Robert Ramsay. Mr, James Bonner, got some voices ; the rest almost none : but unani- mously Mr Robert Douglas was chosen. Before the election, the commissions were given in, the names were read and booked. Want of charges made many presbyteries send but one minister. The commission was referred to consideration, because of a clause of the chancery, of not transferring the synod without his Grace's advice. The King's let- ter was read : it was very gracious ; yet had a dis- charge express enough to meddle with any thing concerned us not. The Commissioner craved liberty of assessors : (he spoke little and low.) It was refused, except for private consultation. The King had written to the Marquis of Hamilton, Aigyle, the Chancellor, Morton, and Southesk, to attend, and assist him. Argyle read his letter ; but pro- fessed his presence there alone, in quality of a rul- ing elder from the presbytery of Inverary. South- esk sat at his foot-stool, and oft whispered his unsa- voury advice. None of the other appeared. The commission from Campvere was welcomed. . Thursday, July 29th, I was sent for by the mode- rator in the morning to Mr Blair's chamber. There the moderator had appointed his private meetings with his assessors, for regulating of difficult affairs. The members were secretly advertised ; for none were allowed publickly ; Mess. Henderson, Cant, Dickson, Blair, Fleming, Argyle, Cassils, Lauder- dale, Sir Archibald Johnston, Mr George Winton, and John Binnie. We resolved there upon the committees. We were feared for a storm about no- vations. The ablest men of the kingdom were pre- sent. I advised to name the committee for regu- lating of Shetland and Orkney first, and put upon it these men from whom they expected more fajsh- rie, such as Mr Harrie Guthrie, Mr David Dog- leish, and sundry moe. The committee for bills and reports I got too ordered, that Mr James Bonner became moderator for the one, and Mr Robert Ram- say for the other, with Mr George Young his clerk, who made all the reports in &ce of the synod, as he had done twice before; only some of my friends were neglected through my forgetfulness, who therefore were like to have created us trouble, had I not gotten some employmient to them there- after. The clerk had drawn up a number of matter for the synod, which then we examined. No ser- mon that day, for Mr R. Ramsay nominate by the moderator but yesternight, had refused. In the assembly the committee for bUls, reports, and Shetland, were appointed, as we resolved. The commissioners for visiting the universities of St An- drew's and Glasgow were renewed. I admired the industry of Argyle. All the diets of our synod he kept, and did give most and best advice in every purpose that came by hand. Our privy committee, before or after the assembly, he never missed ; the committee for visitation of the universities, had punctually attended, and yet never complained of weariness. We put Eglinton on the committee of bills, and Glencairn on the reports, where he be- came a little more busy than was well taken. Be- cause of the ignorance of acts of the general assem- blies, the clerk was desired to draw together in one body the general acts of the old assemblies, to be ready for the press, and to print, without delay, the acts of the last five assemblies. Mr George Haliburton was somewhat tedious in his speeches anent the plantation of Dundee. His son was presented by the Viscount of Didup; yet at the town's desire, the young man did pass from his presentation. Mr D. Dogleish spoke much and well, but so boldly and oft that he was little re- garded. Mr George Gillespie's cause came in. His patrons Weems and Elcho spoke much for his reten- tion : himself also was very earnest to stay. Many marvelled of the difficulty was made, since long be- fore, as he was alleged, the city of Edinburgh had agreed with Mr George for his transportation with his patrons consent. The King's letter was read again, and overtures for Papists and presentations were referred to the moderator. The committees were appointed in the afternoon. At our meeting, it was laid on Mr Henderson to answer the Kmg and parliament's letters. The overture anent Pa- pists was committed to me ; which I drew, as it was thereafter approven in the assembly, without alteration. We spake much of patronages. The overtures whereupon the commissioners of parlia- ment had agreed on with the King, I shewed was of no use to us ; for it was hard for us to find one per- son to a vacant kirk ; but to send up six to the King, where-ever he was to present any one, whereof we would assure should be accepted by all who had inte- rest, it was not possible, Argyle made a fair offer for himself, and all the noblemen present, hoping to persuade other noblemen and gentlemen to do the 164.2.] KIRK OF SCOTLAND. 337 like, that they would give free liberty to presbyte- ries and people to name whom they would to vacant places, upon condition the assembly would oblige intrants to rest content with modified stipends. I reasoned against this condition, not for stipends already modified, but where benefices were yet en- tire ; for there It was hard for us to dilapidate these few relicks with our own hand. Lauderdale was much against popular elections. So we resolved to have nothing spoken at all of patronages. Priday, 30th, the provincial assembly-books were produced by the commissioners where the clerk resided. A very well-penned letter by sundry noble- men and gentlemen was read for help of ministers in Ireland. After much private debate, Mr D. Dick- son having peremptorily refused it was laid by the voices of the assembly on Mr Blair and Mr James Hamilton to go to Ireland for the first four months ; on Mr Robert Eamsay and Mr James Maclelland for four mouths following ; on Mr John Livingston and me for the next four. It came so suddenly on me, that all my opposition was in vain ; and it was the assembly's care, to beware lest all the men that went over to that land should be in danger, in the first settling of that church, to favour any difier- ences from our church. There was much debate for reading of the parliament of England's letters. The commissioner was passionate, that no answer might be given to them till the King's license might be obtained for that end. When his weeping could not obtain this, Southesk suggested the delay of answer only for twenty-four hours. This also was refused ; for however the answer was not ready for some days thereafter, yet we esteemed it a danger- ous preparative, to be hindered to answer when we found meet, the motion made to us by less consider- able parties than the parliament of England. Mr Eobert Brown having satisfied the presbytery of Penpont for his long delay to come to the covenant, upon his humble petition was received an expectant. After noon, in our committee, the book of the com- missioners of the last general assembly was revised, and approven by us. Mr Henderson made a long and passionate apology for his actions. That the nomination of William Murray to be agent for the kirk till the next assembly, was by the commis- sioners, and not by him ; that the man had done many good offices, and none evil, to the church ; that he had refused to serve any longer in that place ; that what himself had got from the King, for his attendance in a painful charge, was no pension ; that he had touched as yet none of it ; that he was vexed with injurious calumnies. After the venting of his stomach, to all our much compassion, the gra- cious man was eased in his mind, and more chear- ful. It is true, some expressions in his sermons before the King, and his familiarity with William Murray, who was thought to be deep in all the plots, made him somewhat less haunted by our no- biUty than before ; and Mr David Cathervvood, and Mr Andrew Kirkhall, their censure of the ministry of Edinburgh in the late provincial of Lothian, for not applying their doctrine to the evil of the times ; also his dissuading of his acquaintance, at Mr Wil- liam Scot's burial, to come over to the council-day, and his small countenancing of the ministers peti- tion to the council, occasioned many unpleasant whispers against him ; but certainly the man's great honesty, and unparallelled abilities to serve this church and kingdom, did ever remain untainted. Mr E. Blair and Mr S. Eutherford moved us to assist them for an act of transportability. There was a great heartburning for the time in the town. Mi Andrew Afflect of Largo had been nominate by Mr A. to be his colleague in St Andrew's. The whole town did much affect him. Mr Eobert and Mr Samuel had given once way to his transporta- tion hither : yet when Mr James Bruce, Blr Arthur Morton, and Mr George Hamilton, had carried the plurality in the presbytery, for his keeping at Largo, his doctrine not being so spiritual and powerful as the case of St Andrew's required, Mr Eobert plainly avowed his dissent from his transportation ; where- upon almost the whole town did storm, and refused to regard any of Mr Eobert and Mr Samuel's desires. This made both urge at least a transport- ability. I helped Mr Samuel to obtain it ; but to my great repentance, if he makes any use, as he is too much inclined, of that his liberty. Mr Eobert got some more contentment by the transporting of Mr Andrew Houniman to be his colleague. Mr Andrew Afilect also was taken to Dundee for the ending of that tough plea betwixt the town and the Constable. All this while my Lord Eglinton was seeing what he might get done for my retaining. He was assured by all, that the assembly would transport me ; and, for this effect, Edinburgh had sent a warrant to their commissioners, which I knew not for the time. His Lordship, therefore, resolved to speak nothing of his appeal ; only he required the favour of an act to transport in the synod of Glasgow any he could find without a burgh and nobleman's resi- dence. This was granted; and so his Lordship went away, being much afflicted with the death of his noble son Sir Alexander, the Colonel. The fourth session was on Saturday, July 31. A letter from a number of English ministers at Lon- don was read, shewing their desire of Presbyterian government, and a full union with our church. The question of Mr- John Bruce's admission came in. The patron, presbytery, and provincial synod, urged his receiving. Wilham Eig, and the people, vehemently opposed it, because of his great insuffi- ciency, and neglect of some part of his trial ; he was decerned to be admitted. Mr And. Stewart's was agitate. The provincial of Galloway had made an act, to put all transported Ministers in their bounds unto all the trials required of expectants. This by all was thought to be absurd ; yet the clerk fell on au overture concluded in the last assembly, giving liberty to presbyteries to put ministers to some trial. The exposition of this act was committed to some who made a commodious interpretation thereof. Sundry bills, and reports of particular affairs, were discussed. On Sunday Mr David Djck preached, most on the aflSictions of miuisters, for the comfort of Mr Blair as I took it ; but was not thought pertinent by the most. After noon, Mr And. Cant preached zealously on, " The zeal of thine house hath eaten me up." Session fifth, Monday, August 2. The principal of the English parliament's declaration to us, with their petition for peace to theKing,beingpresentedby Mr Eobert Barclay, was read. The King's very sharp answer, presented by his Grace, was read. After it, we had some debate in our committee about the publick reading of the King's answer ; yet all con- sented it should be read. The assembly resolved to supplicate the King, and to deal with the par- liament, for peace. The pieces were drawn up by ■Mr Henderson, and committed to my Lord Mait- land to deliver; which produced that gracious re- turn from the parliament which ye see in print. A number of bills and reports were dispatched. Mr John Guthrie, though he had satisfied for his late subscription of the covenant, and was earnestly suppHcate by the whole provincial of Murray, yet VOL, I, 22 338 RECORDS OF THE [1642. the patron Duff's dissenting, could not be replanted in his old church. The assembly presented Mr George Halyburton to the church of Bonlraoon. The presbytery of Breehm alledged their right. It is resolved, that the rights of presbyteries and synods must cease, and dissolve in the hands of general assemblies sitting. That great contest had been in Glasgow anent the choice of their session, we got it settled with motioning the occasion ; the old session Was ordained to chuse the new : but that question which some would have moved, If the old session, being viciously chosen, was to be the elector ? we did suppress. The negligence of some clerk had lost the most part of the acts of the pres- bytery at Newcastle ; but it was ordained to deliver all could be had to Sir Archibald Johnston, to keep them in retentis. In the afternoon we had much debate for novations in our committee. Mr Andrew Cant, as I alledged, been put to by his nephew, did much extenuate them. Mr Henderson and Mr Robert Murray fell sharply on him. He freed himself of all suspicion. I was vexed on all hands in the committee. I was mouth for these who pressed the danger of novations ; out of it I was beaten on as too slack in that matter. "When, by the cunning delays of some, the matter was iilce to be cast to the end of the synod, and so to evanish, I gave over my agentry ; whereupon those who hated novations being enraged, drew a petition to be sub- scribed by too many hands. This I brought to our committee. It put them in a fray of division. They laid on me to draw an act, which I did to the satisfaction of all once. Yet thereafter some of our committee, repenting of their consent, it was laid on Mr Henderson to make an explanation of the former act anent novations. His draught did displease more than mine. At last, for fear of scandal, we agreed on pressing for the time all acts, and writing a letter by the moderator to the pres- byteries troubled with novations. This letter I drew to the satisfaction of all ; yet, after the assembly dissolved, the form of my draught was altered. This letter was brought from the presbyteries it was sent to, to our provincial synod, where we got it inserted in the questions of our visitations of churches, that novations in our bounds should be stopped according to that letter. This was the most difficile matter in our synod. Our northland brethren were much inflamed ; and if it had come in face of synod, would have made a violent act ; yet the places of those evils being alone among us in the west, they did leave the agenting of it to us. Divers practices of the brethren of Galloway, spe- cially the deposition of Mr Gilbert Power, had wakened many of us against their new way ; yet the managing of that matter falling, by God's pro- vidence, in my poor hands, it was guided so peace- ably as I was able, and all was for this once fairly carried to all sides reasonable contentment. The next three sessions, on Tuesday, August 3d, and Wednesday, 4th, before and after noon, were spent on particulars, or perfecting the particulars before mentioned. Every assembly is troubled with the plantation of Edinburgh. A little before this assembly, their clerk, Mr Guthrie, with his side of the council, had been busy to have drawn in his good comrade Mr Andrew Fairfoul from Leith ; but the most of the town being grieved with the motion, called themselves together in the church by the bell after the second sermon ; and finding my transportation to Glasgow passed, gave a caU in the synod to three ; the one failing the other, Mr James Hamilton, Mr David Forest, Mr Mungo Law. To Mr James they gave a Nolamus. Mr David did so peremptorily refuse in private and publick, that a whisper went amongst us he had a dangerous disease ; yet when four of us were sent out to confer with him, we found nothing but too great and somewhat melancholick modesty in the man. Upon our report, the assembly voiced his abiding. In the meantime, the council of Edin- burgh sent over to their commissioners new in- structions to petition for me and Mr Robert Knox. My matter was then past. Mr Knox was not well liked of : so they moved only for a power to the commissioners of the general assembly to plant them in one man. They pitched on Mr James Wright ; but his health was known to be so extra- ordinarily evil in the town, that we voiced his abid- ing : so yet they have been unhappy in their choices. The last synod sent to presbyteries a number of overtures for regulating of transportations. Ifo diligence to count of was used for their examination or perfecting ; so they passed in acts at this time, rashly enough in my judgement ; but because of my interest, I meddled not in that matter. The Isle of Sky was adjoined to the province of Argyle, and not to Ross. The Earl of Irvine was licensed to take over to France any two ministers he could persuade for his regiment ; the one to be provided in 1000 pound ; the other 1000 merits, with enter- tainment to themselves, horse, and man. Sessions ninth, tenth, eleventh, and twelfth, on Thursday and Friday, these acts passed which ye see in print, with a niraiber of particulars. The synod of Galloway was much eyed for divers of their rash acts. Their act for putting ministers to the trial of expectants was repealed ; their deposi- tion of an old man, Mr George Kincaid, near eighty years, for insufficiency, was fotmd unjust. The causes of Mr Gilbert Power's deposition by all were found null, and he ordained to be reponed by Mr James Bonner. At the day of reposition a number of gentlemen and others came to the church, and with clubs and staves made opposition. This inso- lency filled all the country with clamour, and made the horns of the new way a little more conspicuous. The disdain of that affront cast good Mr James Bon- ner in a long and dangerous fever. In our meeting at Edinburgh we concurred with Mr Gilbert to com- plain of the riot. The council took order as we desired ; only we advised, and sent our advice to the presbyteries of Galloway, to put all who were convicted to their publick repentance at the churches of Maybole and Staniskirk. Upon the parties hum- ble penitence, and Mr Gilbert's peaceable reposses- sion, we resolved to supplicate the council for the mitigation of the civil censure. Mr George Young, clerk of the reports, and some others, handled that matter so, that the impenitency of these of Gallo- way was palpable to the whole synod. There was a fashions process also from the presbytery of St Andrew's. Mr David Merns, a man blameless, and of common parts of learning, had been deposed truly for insufSciency ; but a number of other things were put in his sentence, which all are found to be null. With much ado the sentence stood; but with some qualification for the man's credit, and a provision out of his church of 400 merks till he was otherwise provided. Mr Andrew Afflect, Mr An- drew Feme, and Scottiscraig, were appointed for visitation of Orkney and Shetland. The sighting of the provincial books was for good purpose. A commission was drawn up, as you see in print, for attending now and then in Edinburgh. A number of good motions was recommended to their care. Upon Argyle's contriving and motion, Maitland unanimously was sent as our commissioner to King 1642.] KIRK OF SCOTLAND. 339 and parliament, -wherein he proved both wise, indus- trious, and happy. Montgomery's petition came in hands; sharp enough flyting there was about it betwixt his Grace and Argyle. Always for time to come we made an act against such presumption. For the transmitting of our covenant to posterity, it was appointed, that of the principal there should be three famous transumpts under the hand of the clerk-register, the clerk of the Assembly, and coun- cil, to be set in the books of parliament, assembly, and council. Mr James Fairly had oft been a sup- plicant for some place in his great necessity ; when, after long delays, there did no possibility appear of any flock who would be intreated to receive him, at last Mr Andrew Affleck's transportation to Dundee opened a door to young Durie in Largo, where he was patron, to receive his old master to all our requests. On Saturday was our thirteenth and last session. Here a fast was appointed. The causes were drawn up by some longaome and unmeet hand ; the draught read was misliked, and drawn better, as you may see. Yet the printed compend is not so good as this. The motion for twenty shilling from every church granted to James Murray for this year also, it is like it will not be granted again. It is thought a needless burden. The man is called weak, and dear in his extracts. I dissuaded Sir Archibald from moving any thing of an adjunct ; yet he did venture, and carried it. He showed his willingness to serve us all his days faithfully and gratis ; only for his help he desired he might have one to assist the kirk-meeting when he could not attend, and for giving of extracts, for whose actions he should be answerable. No man opposed the motion. Scotscraig, since no expeuces was allowed, excused his voyage to Orkney ; and the tutor of Pitsligo was named for him. Commissioners of the n-eighbour presbyteries appointed to meet with the presbytery of St Andrew's, for settling the differ- ences anent the plantation of the town, which was done with good success. The next assembly appointed at Edinburgh the first Wednesday of August. The moderator spake very wisely both to ministers and elders, especially about keeping of unity, and being aware of nova- tion. All ended in {;reat peace and love. After the assembly we had not much inward trouble. The letter aliout novations we made be read in our provincial synod of Irvine, and from thence to be sent to particular sessions, where it calmed somewhat the headiness of people ; but the brethren which were taxed thereby, whereof there were some six or seven in Ayr, and two or three elsewhere, were the more stirred, and prepared themselves to write, as they say, for strengthening their tenets. Some of them are very heady ; yet we are comforted, that they increase not in number, the excesses of some of their followers, who have fallen into rigid Brownism in whole, does much scar good people from that way; as also the presby- tery of Edinburgh their dihgence, who, upon the delation from the synod of Aberdeen of one Gearnes, a gentleman, his avowed Brownism, caused read out of all the oity-pulpits a warning against that way. In that our provincial made good overtures, for absence, and visitation of churches, which Mr Eo- bert Ramsay drew up. They were too long. If we get the substance of them past the general, which we mind to try, as we got them through the proviueial, our church-discipline will be better executed. , The commission from the general assembly, which before was of small use, is lilce almost to become a constant judicatory, and very profitable ; but of so high a strain, that to some it is terrible already. In one of the two or three meetings I was present ; for beside the pubhc advertisement from the moderator of the last general assembly, who is constant convener and moderator, I was seriously desired to come by my Lord Wariston. Our errand was, to hear account of my Lord Maitland's nego- ciation. He delivered to us the parliament of Eng- land's return, granting all our desire, in abolishing of bishops, and requiring some of our ministers to assist at their synod against the 5th of November, or when it might be called. Of this we were very glad, and blessed God. From the King, his answer was, a promise to consider our desires. It was found expedient to nominate commissioners, that they might be in readiness. It was intended by some, that only ministers should go, and that very few. In the meeting I moved the conjunction of elders ; but I got not a man to second me j so I gave it over : yet the absurdity and danger of such an omission pressing my mind, I drew up reasons for my judgement, which I communicate to Argyle and Wariston ; and when they liked the motion, I went so about it, that at the next meeting it was carried without opposition. Fearing I might be one of the number to go, I dealt m private to my uttermost to decline it ; besides the hazardous travel, I remember the great loss I was very near to have suffered by my last voyage, had not my good friend Mr George Young represented to my Lord Chancellor and Argjle the truth from the writ. Always my experience made me upon many grounds to decline that voyage, some whereof in- tending to be gone before the election. Sundry would fain have been employed ; and lest they should have gotten themselves named, Argyle, in his cunning way, got them on the committee of nomi- nators. That committee named Mr Alexander Hen- derson, Mr Eobert DouglaS, Mr Samuel Rutherford, Mr George Gillespie, and me ; Cassils, Maitland, and Wariston, for elders. Mr Alexander was extremely averse from going, protesting his former expecta- tion of death before he could attain London : but when all could not avail, he passionately complained of the great ingratitude he had found of sundry, who put heavy burdens on him, and were ready to invent or receive injurious calumnies of him. Cassils was much averse, and made great opposition. Every man said something ; but no man was gotten ex- cused. The miserable condition of the Enghsh affairs have yet kept us all at home. 3. Lkt of OveDtures in, and Acts of the ^states of Scotland, hearing reference to the Church, from the 16th of May 1639, to tlie 11th of Nov. 1641, from Chronological Table of Acts, vol. v. 1639. Sept. 6, The Covenant subscribed by the Lord Commissioner — Ratification of certain Acts of Assembly — Dr Balcanquell — Grievances of Mmis- ters of the North — Augmentation of Stipends — Pre- sentation to Churches — Acts of Parliament in favour of Bishops' [rescinded] Oaths, prejudicial to Cove- nant — Profanation of Lords Day, &c., p. 253. Sept. 7. Salmon Fishing, and feeing Shearers upon Sunday — Lands and Benefices of Chapters, — Ibid. Sept. 10. Salmon Fishing upon Sunday — Kirk of St Magnus, Kirkwall — Minister of Brechin — Two Ministers and Reader in Elgin — Minister of Auch- tertool — Acts against Drunkenness and Blasphemy — Procurator of the Kirk, Clerk, and Agent — their Fees^ Augmentation of Ministers Stipends, p. 256. Sept. 11. Supplication of Assembly anent Large 340 RECORDS OF THE [1642. Declaration — Expenses to Commissioners of As- sembly—Prohibition of Marriage of Scotsmen in England — Against Papists and Jesuits — Kirk of Montrose — Disjoyning of Denny from Falkirk — Kirk of Anveth — State of the Church of Glasgow- Parsonage of Meigle — Churches of Elie, Carsfernie, Glenlyou, and Fartrahill, Chanonry of Boss, Ejrk of Feme, and AuchterteuU, p. 256. Paroehines of Craigie and Kicearton, p. 258. Minister of St Nicholas, Aberdeen — Sentences given by High Com- mission against Ministers — Plantation of Schools — Provision of Gleibs and Manses — Presentation to Vaikand Kirks — Ratification of Acts of Assembly and Covenant, p. 259. Sept. 17. Act anent Episcopacy, &c., to be sepa- rated — Reservation of Commissioner in subscribing Covenant delete (in Privy Council Register) — Act against Episcopacy, pp. 260-61. Sept. 20. Earl of Errol and Minister of Turreff, p. 262. _ Sept. 24. Act against Episcopacy, and Commis- sioners Declaration thereanent, p. 263. Sept. 25. Kirk of Carrestone, p. 264. Sept: 28. Visitation of University of St Andrews — Taclcs of Lands, p. 266. Oct. 1. Vassals of Bishops — Erection of Parishes, dismembering of Kirks, &c., Kirkmaden, Hospital of Balhagardie, Girwan and Daily, Glenlyon and Fotheringall — Regiments to be furnished with mi- nisters, p. 268. Oct. 3. Commission for Surrenders and Tithes, and Plantation of Kirks — Presentation of Benefice of Dumfries, p. 271. Oct. 4. Erection of Steeples — Paroche Kirk of Langsyde, p. 272. Oct. 5. Ratification to Town of Edinburgh anent Augmentation of their Ministers Stipends, p. 273. Oct. 7. Distinction of Spiritual and Temporal Lords of Session, pp. 274-8. Oct. 8. Anent Mortifications in favour of Colleges and Hospitals, p. 275. Oct. 10. Presenting Ministers to Kirks — Union of Kirks, p. 276. Oct. 11. Admission of Ministers to Kirks which belonged to Bishoprics, p. 277. Oct. 14. Planting of Kirks usurped by Bishops — Laird of Tillythroskie against Minister of Birse, pp. 278-80. Oct. 17. Plantation of Kirks — The Procurator for the Kii'k, p. 281. Oct. 23. Visitation of University of St Andrews, p. 281. ' 1640. June 11. Ratification of the Acts of Assembly, p. 291. Of Confession of Faith and Covenant- Supplication of General Assembly 1639, and Acts of Privy Council and Assembly, ordering Subscription of the Covenant, p. 292. Act Recissory, p. 298. For Planting Ku-ks vacant by default of Patrons — For Admission of Ministers to Bishops Kirks, p. 299. Acts Discharging Salt Pans and Salmon Fishing on Sunday— Against Papists, p. 300. Against hiring Shearers on Sunday, p. 302. Anent Large Declaration, p. 302. Act in favour of Vassals holding of Prelates and Chapters, p. 305. Act in favour of the Procurator, Clerk, and Agent for Kirk for then: fees, p. 315. Act and Band for Maintenance of Acts and Constitution of this Par- liament and of the Religion, &c., p. 316. 1641. ^ Auff. 5. Supplication of the Synod of Galloway agamst Thomas Maekie, p. 354. Aug. 9. Declaration of General Assembly anent the Band subscribed by some Koblemeu, p. 355. Aug. 13. Proclamation discharging Noblemen and others who have not subscribed Covenant, to have seat or vote in Parliament, p. 361. Aug. 20. Universities and Schools — ^Articles and desires given in by the Commissioners of the ICirk — Overtures concerning Universities and Schools, p. 365. Aug. 24. The Treaty and Registration thereof, p. 369. Au^. 26. The Treaty — Anent Ratification, p. 371. Aug. 31. Ratification of Treaty, p. 280. Act and warrant for publishing and printing of the Acts in June 1640, p. 387. Sept. 1. Vicarages — Monuments of Idolatry — Suspensions of Ministers Stipends — Papists and Non-Covenanters, p. 387. Discharging unlawful Marriages, p. 388. Sept. 2. Vicarages — Non-covenanting Patrons — Escheitts of Papists — Monuments of Idolatry, pp. 388-9. Sept. 9. Profession of Theology in University of Glasgow — Monuments of Idolatry — Noncommuni- cants and Excommunicates — Suspension of Minis- ters Stipends, and Colleges, Schools, and Hospitals, pp. 393-4. Sept. 10. College of Glasgow— Distressed Mims- ters in the North — Monuments of Idolatry, &c., pp. 394-5. Sept. 11. University of Glasgow — Propositions from Assembly, pp. 397-8. Sept. 14. Distressed Ministers — Commission for Plantation of Kirks, p. 398. Sept. 17. Committee for Ministers in the North, pp. 404-9. Sept. 24. Gifts of Bishops' Lands, Rents, &c. — Overtures from Kirk — Distressed Ministers, p. 410. Sept. 25. Supplication of A. Johnston, Procura- tor for Kirk, pp. 413-17. Sept. 28. Exoneration of Mr A. Henderson, p. 417. Sept. 29. Act anent A. Piteairn, Minister at Tannadyce, p. 422. Oct. 5. Disunion of Kilmarnock Kirk, p. 428, and pp. 431-2. Oct. 22. Commission and Overtures for the Kirlt, p. 439. Oct. 26. Committee for the Kirk— Kirk of Crieff, pp. 441-2. Oct. 30. Reader at Kirk of Meigle, pp. 444-5. Nov. 1. University of St Andrews, pp. 445-8. Nov. 3. Ratification of the Gift, and Mortifica- tion of the Rents of the Bishopric and Priory of St Andrews to the University, p. 449. Nov. 12. Commissioners for the Kirk, p. 460. Nov. 13. Reasons for reuniting the 7 Kirks in Dumbartonshire as they were in former time — Commissioners for Plantation of Kirks, p. 461. Nov. 15. Plantation of Kirks— Breakers of the Lords day — Collegiate Kirks, Provostries and Pre- bendaries, pp. 466-73. Commission for Plantation of Kirks, p. 470. Nov. 16. Supplication of John Guthrie, late Bishop of Morray — University of St Andrews — Col- legiate Kirks— Superiority of Bishops Lands, p. 482. Commission for Visitation of Colleges of St An- drews, p. 498. Act in favour of Laik Patrons of Provostries, Prebendaries, Chaplainries, and Altar- ages, p. 500. 't- Nov. 17. Act anent the erection of the Kirk of Elie, p. 559. Do. of Anstruther Easter, p. 561. Denny, p. 562. Ratification of the Bishopric of Aberdeen to the Colleges, p. 565. To the College of Glasgow, p. 566. To the Kirk of Leith, p. 567. Kirk of Caxrestpun, p. 568 ; and Bonds to Kirk 1643.] KIRK OF SCOTLAND. 341 thereof, p. 569. Eatifioation to Minister of TurrefT, p. 569. Of Patronage of the Kirk of Dyke to Earl of Dunfermline, p. 569 ; and Lordship of Dunferm- line, p. 571. Eatification to Leslie of Tack of Bishop- ric of Orkney, p. 577. Do. in favour of Minister of Culross, p. 578. Eatification to Marquis of Ha- milton of Patronages of Calder and Monkland, p. 588. Eatification of disuniting Kirks of Kirkmabreck and Kirkdaill from Anveth, p. 595. Do. Teinds of Calder to Stirling of Keir, p. 590. To Minister of Donoone of 1200 merks, p. 597. Eatification of Barony, Eegality, and Temporality of Glasgow Bishopric to Duke of Lennox, p. 597. Of Cathe- dral at Dornoch, p. 599. Do. to Minister and School- master at Glenluce, p. 602. Eatification of Gift to Town of Edinburgh of Teinds, &c., of Bishopric of Edinburgh, p. 605. Teinds of Kilrennie, p. 606. Castle of Spynie to Innes, p. 607- Of 1000 merks to the Cathedral of Dunkeld, p. 607. Patronage of Kirmaden, p; 608 ; and a great number of other ratifications of the same kind, amounting in all to 360t— passed in cumulo. GENERAL ASSEMBLY, AT BDINBUEGH, 1643. The proceedings of the Assembly in 1642, as the reader must have perceived, from the nature of some of its Acts, were of a very important character and tendency; and, having given the authenticated record, it now becomes requisite, with reference to the current of events, to recur to these in con- nection with the political occurrences with which they were combined, as forerunners of the proceed- ings in the Assembly of 1643. It will be recollected that, some months pre- vious to the Assembly of 1642, a complete rup- ture had taken place betwixt the King and the English Parliament — that both parties were busied in preparations for an appeal to arms — that the Commissioners for the Scotch Covenanters had tendered their mediation, and obtruded their unsea- sonable project for establishing Presbytery in Eng- land as the means of allaying all animosities betwixt the King and his English subjects — (a proposition which was reproved by the King, but encouraged by the parliamentary leaders) — and that, notwith- standing the King's reasonable objections to the Scotch intermeddling with the affairs of England, a popular petition was presented to him, through the Scotch Council, persisting in these hostile interven- tions respecting the Church of England. This took place on the very eve of the meeting of that Assem- bly on the 27th of July. The Kmg's letter to the Assembly gave assur- ances of the most friendly kind with respect to the Kirk as now restored to its Presbyterian form and privileges, and called upon it to promote peace and obedience to the laws by precept and example. Soon after it met, a " Declaration of the Parliament of England" was also laid before it ; but neither the date of that document, nor of its receipt, nor of the answer to it which is subjoined in the printed Acts, appears from thence. To the King's letter, it will be observed there is, in the answer, an exuberant declaration of " great joy and gladnesse" on hearing it read, and assurances of promoting loyalty, peace, and religion. But this is followed by a pressing demand for " unity in religion and uniformity of church government, as a meane of a firme and du- rable union betwixt the two kingdomos, and with- out which, former experiences put us out of hope long to enjoy the puritie of the Gospel with peace," &c. ; and all this is wound up with a high rhetori- cal flourish. In the Declaration from the Parlia- ment, the cunning malcontents, by whom it was sent, adopted a language suited to the taste of their Scot- tish confederates, ascribing all the troubles to " the plots and practises of a malignant party of Papists and ill-afiected persons, especially of the corrupt and dissolute Clergy ;" the " instigation of Bishops and others," actuated by " avarice and ambition, being not able to bear the reformation endeavoured by the Parliament." And they express great concern for the King's honour and state, '•' the glory of God, by the advancement of the true religion, and such a reformation of the Church as shall be most agree- able to God's Word. " To this vague and guarded communication, the Assembly made an elaborate answer, intimating " their serious thoughts and earnest desires 'for unity of Eeligion ; that in aU His Majesties domin- ions there might be one Confession of Faith — one Directory of Worship — one publike Catechisme — and one forme of Kirk Government ;" and for " suppressing the names of heresies and sects, Puritans, Conformists, Separatists, Anabaptists," &c. In conclusion, the Assembly plainly suggests, to the English Parliament, that " the Prelaticall Hierarchic being put out of the may, the work will be easie, without forcing of any conscience, to settle in England the government of the Eeformed Kirks by Assemblies ; for although the Eeformed Kirks do hold, without doubting, their lark oflicers and kirk government by Assemblies higher and lower, in their strong and beautiful subordination, to be jure divino, and perpetuall ; yet Prelacie, as it difiereth from the office of a pastor, is almost universally acknowledged by the Prelates them- selves, and their adherents, to be but an humane ordinance," &c., which, " without wronging any man's conscience, may be altered and abolished." Besides the letter from the Parliament, the Assembly were favoured with a similar one from " some Ministers of England," whose names, how- ever, are not given in the copy of it, but much more in accordance with the views of the Assem- bly, inasmuch as they avow their preference of the Presbyterian system. To this a cordial response was given, concluding with a proposal for a united Assembly of the divines of both kingdoms to settle all points of faith, catechisms, and directory for public worship. 342 RECORDS OP THE [1643. These several communications, from the Assem- bly of 1642, were accompanied with applications to the Lords of Privy ComicU and Conservators of the Peace for their concurrence in support of these views and objects, by pressing them on the King and Parliament of England. Lord Maitland was authorized to proceed thither with the answers to the King and Parliament ; and they gave instruc- tions to then' Commissioners in London to enforce these preconcerted measures. But the crowning act of this scheme was the appointment of a " Com- mission for publike affairs of this Kirk, and for prosecuting the desires of this Assembly, to his Majestie and the Parliament of England." Of the proceedings of this formidable Commission, we shall have occasion to treat in the sequel. It com- prised fifty ministers, ten noblemen, and fifteen barons and burgesses, being in all seventy-five members, who henceforward formed, as it were, a second House of Parliament in Scotland, exercising functions that embraced both the civil and ecclesias- tical concerns of Scotland, as well as trenching upon those of England. Its members were the leaders of the Covenant throughout its career ; and the laymen amongst them were those whose ardent zeal had been rather quickened then quenched by the spoliation of the Episcopal revenues, iu the Scottish Parliament of November, 1641 — an exemplarwhich, doubtless, awakened the cupidity of many among the English Puritans, who now panted for a similar and even more extended change ; for a large portion of these were Independents, and contemplated the adoption of a more comprehensive appropriation in their legislation, which might extinguish the Epis- copal without rearing a Presbyterian Church, and thus leave the wealthier endowments of the English Church to the rapacious hands of the most potent among them. In order to carry out the principles of this scheme, the Assembly thought it fitting to keep up popular excitement throughout the country ; and, for this purpose, a fast was appointed, and the clergy were enjoined to forward the " great work of unity of religion, and uniformity of kirk-government," by preaching and praying with their flocks on the sub- ject. It is not necessary to notice all the subordinate Acts of that, Assembly, many of which were compe- tent and laudable ; but there was one by which, without imputing any sinfulness to church patron- age, or proposing to abolish it, they merely sought to appropriate the exercise of it to the Assembly itself. The King, in the great abundance of his concessions, had agreed to exercise the royal church- patronage, by bestowing presentations on some one in a leet of six to be named by the Presbyteries within whose bounds vacancies should occur ; and, founding on this concession, the Assembly 1642 issued instructions to all the Presbyteries, in the first instance, to transmit these leets through the Synods to the Assembly, in order that its fiat might be given in the selection of presentees. Such were the views of the covenanted Assemblies on this subject. Yet much, as they desired to possess this troublesome privilege, they did not prize it so highly as to sacrifice their clerical interests in its acquisi- tion ; for when Argyle offered to renounce all his patronages into the hands of the Church, provided they would relinquish all claims to augmentations of stipends in his parishes, the proposal was re- jected. It is impossible to doubt that, in all these un- exampled proceedings, the Covenanters meant to intimate to the King their intentions to make common cause with their fellow-sympathizers in England ; for they knew full well — and, if we are to give them credit for sincerity, they had declared their acquiescence in the stipulation — that the King had conceded Presbytery in Scotland upon the clear understanding that his doing so should not imply any intermeddling with Episcopacy in England ; and his well known principles on that score, and unifoi-m adherence to them, left no reason to expect that he would ever consent to this, save on the compulsitor of sheer force. Their proposals to that effect, therefore, were tantamount to a declaration that they would co-operate with the English agita- tors in forcing their favourite form of Church Go- vernment upon him and England ; and it is to be regretted that an interference with the internal affairs of England — which was so entirely beyond the legitimate sphere of the Scottish Estates, and which ultimately led to the most calamitous conse- quences — was pressed with such inflexible pertin- acity.* Amidst all these longings after " unity and uni- formity in both kingdoms," however, in which these zealous men indulged, it is important to ascertain the state of feeling among themselves, after the time that they had obtained the ratification by the King and Estates in Scotland of all their Acts of Assembly, &c. We shall not take the accounts of Guthrie, Burnet, or other hostile chroniclers, nor the statements of more modem writers, whether Whig or Tory — for we cannot quite adopt all the views either of Mr Hume or Mr Malcohn Laing, the latter of whom informs us that the " pure and unmixed flame of liberty" which burned in the hearts of the Covenanters, " was fed and, at length, gra- dually contaminated by the spirit of religion" and that " the limits of moderation and prudence were overstept by intolerant zeal — the distiiyuished oMrri- hute of an EstaUished Church." f We prefer the homely testimony of Baillie ; and to those who, in our own times, tallc of the period immediately sub- sequent to 1638, as " the golden age" of the Kirk, we commend the following passages for study : — In one of his letters to his cousin Spang, referring to the doings of the Parliament 1641, he says — * The several proceedings which we have thus cha- racterised freely but honestly, are recorded in the Acts of the General Assembly 1642, to which we have alluded. + History of Scotland, vol. i., p. 245. 164.3.] KIRK OF SCOTLAND. 343 " Good Mr Henderson all the time was very silent, and under misconstruction with the chief of his old friendsj as if he had been too sparing of his Majesty in tliese dangerous occasions, and that in his ser- mons some sentences did fall from him prejudicial to the States proceedings." — (Vol. i., p. 334.) " There was a committee of our Estates appointed to attend the Parliament of England, not so much for the perfecting of our treaty, as to keep good correspondence in so needful a tyme. None of the former Commissioners were employed but Sir Arch. Johnston and Sir John Smith ; for the most of all the rest were fallen in the countrys dislike, complying too much with the King. Certainly Dumfermline, Waughton, Sheriff of Teviotdale, Eiccarton, Clerk of Dundee, tint all credit with the States." — (P. 335.) He gives a sketch of the state of England thus : — " That country is in a most pitiful condition ; no comer of it free from the evils of a civil war. Every shire, every city, many fami- lies divided in this quarrel ; much blood and un- usual spoil made by both where they prevail." — (P. 355.) " Our heartburnings increase, and with them our dangers." — " We fear the two part of our nobility, and many of our gentry."- — (P. 355.) " The affairs of this Isle go as a ship exceedingly tossed inadangerous sea." — (P. 364.) And, referring to ecclesiastic matters, (p. 362,) he says — " The matter of our raotaiiom is worse than before." — " The letter I procured to some of our Presbyteries was made use of, as I wrote to you, in our Provincial at Irvine. This did much exasperate the brethren who were patrons of that way, so that immediately Mr Gabriel Maxwell, by the consent of some others, did write, in five sheets of paper, a full treatise, in a very bitter and arrogant strain, against the three nocent ceremonies — Pater Noskr, Gloria Patrice, and kneeling in the pulpit — by a great rabble of arguments, both particular and general, which go far beyond these three particulars questioned, the unlawfulness of our church practice ;" and then he proceeds with details of those polemics, which he winds up (p. 3C3) by saying, " I am doing all I can to set all instruments on work for the quenching of that fire." Such was the state of excitement in Scotland during the year 1642, while the civil war was rag- ing in England. The Parliament of the latter having passed an ordinance for settling the militia in such hands as they should think fit, the King, on the 11th of June, issued his commissions of array ; and, after hostilities had actually commenced, set up the royal standard at Nottingham, on the 22d of August, with great pomp and circumstance. We have already noticed the brotherly correspondence betwixt the Assembly of 1642 and the English Par- liament ; and the latter communicated a response through Maitland to the Commission of Assembly, on the 21st of September, for which it was " glad and blessed God." Its purport was to the effect that they purposed calling an Assembly of learned and godly divines ; and to insure co-operation in the war both of the pen and of swords, that reply intimated that Prelacy " is evil, and justly offensive and bur- densome to the kiugdome^a great impediment to reformation and the growth of religion — very preju- dicial to the state and government of the kingdom — and that the same should be taken away." But, with wary caution, they abstained from pledging themselves to the establishment of Presbytery. The King, knowing full well that the Parlia- mentary leaders desired only the assistance of the Scotch to demolish the English hierarchy, wrote a letter to the Scotch Council (26th August) express- ive of his anxiety to adopt all necessary reforma- tion in the English Church, but assuring it that the Parliament had no intention to adopt Presbytery. The Scotch Conservators, whom the Chancellor had appointed to meet, assembled on the 22d of September; and efforts were made, by Hamilton and others, to awaken a feeling of loyalty to the King, whose arms in various conflicts had been successful. An answer was sent, in which it was requested that the Queen, who was on the Conti- nent, should return to Britain and exert her good offices as a mediatrix ; and they pledged themselves that, should that mediation fail of success, they would support the throne. This declaration was signed by the most popular leaders — among others by Alexander Henderson. This favourable dispo- sition was, however, soon counteracted; for the great body of the clergy, who had a morbid anti- pathy to Prelacy and a horror of Popery, (even in soldiers, whom the King had employed,) took tho alarm, and the pulpits resounded with declamations on " the Kirk in danger," which once more filled the populace with alarms. The English Parlia- ment, whose military operations had hitherto been unpropitious in this conjuncture, sent down a, Declaration to the people of Scotland, expatiating on the dangers to which religion was exposed, and entreating cordial support — (7th November ;) and the King, apprehensive of the effects which might follow, sent a counter Declaration to the Council, which was convened on the 20th of December, to consider both Declarations. A struggle ensued. Argyle, who, for some time past, had been on ami- cable terms with Hamilton, broke off to the alarm- ists and joined the clerical party, insisting that both declarations should be published, or neither. This was resisted, on the ground that it was put- ting the English Parliament on a level with their own King, whose address it was their duty, as his Coimcil, to communicate to his Scotch subjects ; while, as regarded the Parliament's Declaration, it was beyond their province to recognise or act upon it. From that moment, the chief men in the king- dom were openly divided into two parties in Scot- land — the one for the King, and the other for the Parliament of England. Whenever it was known that the Council had resolved to publish only the King's Declaration, a new agitation arose, headed and excited by the clergy; and great multitudes of the alarmists 344 RECORDS OF THE [1643. resorted to Edinburgh in the beginning of January 1643. On the 6th of that month, a petition was got up, thus enforced, and presented to the Council, craving that the Parliament's Declaration should also be published, and that the publication of the King's should not be held to imply approval ; and similar petitions were sent in from all quarters of the country. In order to counteract these move- ments, Traquair, and many of the most eminent nobility, and others, put in a "Cross Petition," requesting the Council to take no steps prejudicial to the rights and privileges of the Crown, to Iceep in view the distinction betwixt civil and ecclesias- tical power, and to avoid giving any pledges to the English Parliament, which might put the peace and rehgion of Scotland in jeopardy. This Cross Peti- tion, though apparently most unexceptionable, and founded on sound constitutional principles, was not to the taste of the excited clergy, who not only refused to join in it, but exclaimed against " detest- able neutrality," and threatened all who signed it with eternal damnation. The Commission of the former Assembly, directing the popular torrent and swelling its force by their authority, transmitted a declaration against the Cross Petition to all Pres- byteries, ordering it to be read from all pulpits, and enforced by the ministers. Overborne by these wide-spread clamours, the Council at length yielded, gave an evasive answer to the Cross Petition, and appointed Commissioners to mediate betwixt the King and his English Parliament — ^including in the number Mr Henderson and other clergymen. These Commissioners were instructed to desire from the King, uniformity of religion — that all Papists should be removed from his service — that he himself should renounce Episcopacy — and that a Parliament in Scotland should be called. The exasperation thus created was increased by a feud betwixt Hamilton and Loudoun, about certain leases of teinds enjoyed by the latter ; and the fer- ment excited by all these means was extreme. These Commissioners went to Oxford imme- diately afterwards, (February,) when the first pro- position submitted to the King was contained in a petition from the Commission of Assembly against Prelacyand Popery. Though enforced bythe private advice of Loudoun, that the King's acquiescence on this point would insure him the support of the Scotch natioo,he refused to yield, andsoon after pub- lisheda formal answer to the application. Failing in this, the Commissioners m-ged their mediation, and that a Parliament in Scotland should be called, although, by an express act in 1641, the meeting of that Parliament was, with consent of all parties, postponed till 1644. The King declined to accede to either of these demands ; and the Commissioners, after being refused permission to go to London, returned to Scotland, chagrined with the failure of their mission, and the coldness of their reception at the King's Court. The Scotch agitators, however, were not to be thus baulked in their designs. Having a complete ascendancy in all the executive departments— in the Council — in the Committee of Conservators— in the Conmiission for public burdens — a meeting of these three bodies was convened on the lOth of May 1643, at the instigation of the Assembly's Standing Commission. It was then proposed that, in consequence of the warlike position on the Eng- lish frontier, it was necessary to put the Border in a state of defence, and that for this purpose a Con- vention of the Estates should be called without the King's previous sanction. This was opposed by Hamilton, the Lord Advocate, and others ; but all legal objections were overborne, and the con- vention was summoned by the Chancellor for the 22d of June ; an apology having, in the meantime, been sent to the King for this unwonted proceeding. The meeting of the Convention was heralded through the country by a fast and political ser- mons. In order to quiet the scruples of many honest and loyal Presbyterians, a scheme was devised for this purpose, by getting up a Eemonstrance from the Assembly's Commission, setting forth the danger of the Church and nation. This Kemonstrance pressed the Convention to make common cause with their Enghsh brethren ; and although it did not expressly mention the employment of an armed force for the purpose, it was clearly implied that this, as on for- mer occasions, should be the mode of supporting reli- gion; with this difference, however, that, in 1639 and 1640, this had been done in their own national quar- rel, whereas now it would be an intervention in the affairs of a foreign country. The Convention thus prompted and cheered on to the crusade by multi- tudes who had thronged to Edinburgh, resolved to arm the nation, and ordered troops forthwith to be levied. Before the deliberations of the Convention terminated, a messenger from the English Parlia- ment arrived, and, with the chai'acteristio pohcy of the times, intimated from it, that, in conformity with the communications to and from the last General Assembly, an Assembly of Divines was about to be convened at Westminster, for regulating the wor- ship and polity to be introduced into the Church of England, and uniformity to be established in these matters in both Kingdoms.* These were the preliminaries to the meeting of the General Assembly on the 2d of August 1643 ; aud to the Acts of that Assembly we now refer for a full developement of the spirit which emanated from that body. The incidents of a political nature, and the sequences which followed it, will form the subject of our next introductory chapter. In the foregoing pages, we have endeavoured to trace, with an unbiassed hand, a faithful picture of the ecclesiastical state of Scotland during a period of six eventful years. In the progress of the scenes which we have attempted feebly to delineate, we have marked the career of the Covenanters from the earlier virtuous and patriotic resistance which they * Vide the Account of Westminster Assembly, in excerpts from Baillie's Letters among Documents. 164.3.] KIRK OF SCOTLAND. 345 made to lawless and arbitrary power on the part of the monarch, in which our honest judgment and our cordial sympathies were completely on their side. We have now reached a new epoch in their his- tory, which is of a more equivocal character, and which has been the subject of much controversy. On this ground, therefore, we deem it our duty to abstain from all remark or reflection, as altogether UQSuited to the nature of our undertaking — leaving the documentary evidence which we present to make its own impressions on the reader's mind. "We shall thus avoid entangling ourselves in the mazes of party prejudice and contention in refer- ence to " The Solemne League and Covenant," * without compromising our own views of the history of that period ; and for this course we see abundant reason, when we consider some recent events in the movements of our Northern Church, which have produced a degree of excitement that is but little calculated to ensure a dispassionate consideration of the troubles in other times. Henceforward, therefore, our Introductory Notes shall be limited to a Chronological Index of events connected with the proceedings of the Church, in which it shall be our study to avoid everything that can by possibihty disturb the nerves of the most fastidious partisans of any class of opinions. THE PRINCIPALL ACTS OF THE GENERALL ASSEMBLY, CONVEENED AT EDINBUKGH, AUGUST 2, 1643. Sess. I. August 2, 1643. Tlie Kimj's Letter to the Generall Assembly, presented hy His Majestks Commissioner, Sir Thomas Hope of Oraighali, Knight, His Majesties Adwcate. Charles B. TRUSTIE and wel-beloved. We greet you well. The time now approaching for the holding of the General Assembly of Our Kirk of Scotland, and We having appointed Sir Thomas Hope, Our Advo- cate, to be our Commissioner there, We thought good to present him there with these Our Letters, and to take this occasion to minde you of the duty which you owe to TJs your Soveraigne, and to the peace of that Our Native Kingdome. How far We have lately extended Our grace and favour towards satisfaction of your humble desires, there is not any amongst you but may well remember : And there- fore in this conjuncture of Our affairs, it is but reasonable that We expect from you such modera- tion in the dutifuU proceedings of this Assembly, as may concurre with Our Princely inclinations and desires, to preserve that Kirk and that our King- dome in peace; having wel observed that altera- tions in points of Religion, are often the inlets to • Vide p. 362. civill dissentions, and the hazard, if not overthrow of both Kirk and Kingdomes. Therefore of Our great affection and speciall tendernesse to your peace (who, of all Our Dominions, are yet happie therein to the envy of others) We conjure and require you in the fear of God, and obedience of Us his Vicegerent, that your endeavours and consulta- tions tend onely to preserve peace and quietnesse among you. And so We bid you farewell. Given at our Court at Oxford, the 22 day of July, 1643. Toour right trusty and welbeloved Counsellour, Sir Thomas Hope, Knight, Our Advocate Generall, and Our Commissioner atthe Gene- rall Assembly of the Kirk in Our Kingdome of Scotland, and to the rest of the.sald ^sem- bly now conveened. Sess. II. August 3, 1643. Overtures anent Bills, References, and Appeales. I. npHAT all Bills whatsoever of particular con- i cernment, whereunto all parties having interest are not cited, should be rejected. II. That all Bills be first presented to the infe- riour Judicatories of the Kirk, who may compe- tently consider of them, and from them be orderly and gradatim brought to the Assembly, according to theorder prescribed for Appellations in the Assembly of Edinburgh, 1639, in the 24 Sess. August 30. III. That the said Act of Assembly 1639, anent Appellations, be also extended to References. IV. In Appellations and Keferences of particular concernment, if all parties having interest, have been present in the inferiour Judicatorie when the Appeal and Reference was made, then there is no necessitie of citation. But in case of their absence, citation of parties is so necessar, that if it be want- ing. Appellations and References should not be received. V. That conform to former Acts of Assemblies, Appellations post sententiam be made within ten dayes after the sentence, and otherwise not to be respected. The Assembly ordaines thir Overtures to be given to the severall Committees for their direction. Sess. III. August 4, 1643. Act for election of Professours to be Commissioners to Assemblies by Presbyteries. THE Assembly thinks, if Professours of Divinitie in Universities be Ministers, that they may be chosen Commissioners to the Generall Assembly, either hy the Presbyterie as Ministers, or hy the Universitie as Professours of Divinitie. Sess. IV. August 5, 1643. The Petition of the distressed Professours in Ireland for- ■ To the reverend and honourable Moderatour and remanent Members of the Gener.ill Assembly of Scotland, conveened at Edinburgh, Aug. 1643, The humble Petition of the distressed Christians in the North of Ireland, Humbly sheweth, THAT whereas yon were pleased the last year to take notice of our Petition, and conceived so favourable an act in our behalf, from our hearts we blesse the Lord God of our fathers, who put such 346 RECORDS OF THE [164.3. a thing as this iu your heart, to begin in any sort to beautifie the house of the Lord amongst us : doubtlesse you have brought upon your selves the blessing of them who consider the poor ; the Lord will certainly deliver you in the time of trouble. We trust no distance of place, no length of time, no pressure of affliction, yea, nor smiling of prosperity, shall delete out of our thankful! memories the humble acknowledgement of your so motherly care, in drawing out your breasts, yea, your souls to satisfie the hungrie ; although we have been beaten with the sword, bitten with famine, pur own wicked- nes correcting us, our back-slidings reproving us, yet we have not so farre forgotten the Lords ancient love, but that our hearts were brought to a little reviving in the midst of our bondage, by the Mi- nistery of these, who at your direction made a short visit amongst us. We know you did not conceive it expedient at that time, to loose any for full settling here, till the waters of the bloudy inundation were somewhat abated, and probability might be of some comfortable abode, which we through the Lords revenging hand, pursuing our enemies, and the vigilancie of your victorious Army, is in a great measure attained unto. Whatsoever might have detained some of these whom ye directed to us, whose stay made our expectation prove abortive, we shall ascribe it to our own abuse of such treasure, and want of spirituall hunger, occasioned justly through the want of food ; And yet that same dis-appoint- ment, together with your faithfuU promise of inlarg- ing your indebted bountie, which is put upon record in all our hearts ; hath made us conceive the seed of a lively expectation, that you will now no more put your bountie, and the means of out life, into the hazard of such frustrations, but will once for all, bestow an ample and enduring blessing. And of this we are so much the more confident, because our former suit was not denyed, but delayed : only we fear, if a new delay be procured, till all things be fully settled, that the observing of winde and clouds, shall hinder both sowing and reaping. And in the mean time, the Prelates and their Faction may step in and invest themselves of their old tyrannic over our consciences, who if they once shall see us possessed of our own Inheritance, those Canaanites dare not offer to thrust us out. By all appearance, if the Jesuites had any hope to finde welcome amongst us, they had provided us fully ere now with their poysoned plants. Our hearts abhorre the checking or suspecting of your proceedings, yet it is lawful! to learn sometime from our enemie : But in this you have begun before, not only to do, but also to be forward a year ago, and thereby have ingaged your selves to perfect your own beginnings, and bring us out of our orphan condition. We are fallen in your lap, this ruine must be under your hand ; you cannot pretend want of bread or cloath- ing, you must be healers : We have clioseii you Curators to your little young sister that wants breasts ; there is none in earth to take lier out of your hand, for we will not, nor cannot hide it from your Honours and Wisedomes, that we want bread, and must not only, as before, have a bit for our present need, but also seed to sow the Land. It is therefore our humble and earnest desire, that you would yet again look on our former Petition, a,nd your own obhgatorie Act, and at least declare your consent, that a competent number of our own Ministers may be loosed to settle here, and break bread to the childi-en that lye fainting at the head of all streets ; which, although it may be accounted but a restoring of what wo lost, and you have found, yet we shall esteem it as the most precious gift that earth can affoord. When they are so loosed, if they finde not all things concurring to clear Gods calling, it will be in their hand to forbear, and you have testified your bountie. But oh, for the Lords sake, do not kill our dying souls, by denying these our necessar desires. There are about twelve or fourteen waste congregations on this nearest coast, let us have at least a competent number that may erect Christs throne of discipline, and may help to bring in others, and then shall we sing, that the people who were left of the sword, have found grace in the wildernesse. We have sent these our brethren, Sir Robert Adair of Kinhilt, Knight, and William Mackenna of Belfast, merchant, to attend an answer from you, who have attained that happi- nesse to be lenders and not borrowers, and to pre- sent the heartie longing aifections of Your most obliged and more expecting brethren and servants. Subscribed by very many hands. Sess. VL August 8, 1643. Acts for subscribing tiie Covenant. THE Generall Assembly considering the good and pious advice of the Commissioners of the last Assembly, upon the 22 of September 1642, ^osi meridAcm, recommending to Presbyteries to have Copies of the Covenant to be subscribed by every Minister at his admission, doth therefore ratifie and approve the samine. And further ordaines, that the Covenant be reprinted, with this Ordinance prefixed thereto, and that every Synod, Presbyterie, and Paroch, have one of them bound in (juarto, with some blank paper, whereupon every person may be obliged to subscribe : And that the Cove- nants of the Synod and Presbyterie be keeped by their Moderatours respective ; of Universities by their Principalis, of Paroches by their Ministers, with all carefulnesse. And that particular account of obedience to this Act, be required hereafter in all visitations of Paroches, Universities, and Pres- byteries, and in all trialls of Presbyteries and Synod books. THE Generall Assembly considering that the Act of the Assembly at Edinburgh 1639, August 30, injoyning all persons to subscribe the Covenant, iinder all Ecclesiasticall censure, hath not been obeyed : Therefore ordaines all Ministers to make intimation of the said Act in their Kirks, and there- after to proceed with the censures of the Kirk against such as shall refuse to subscribe the Covenant. And that exact account be taken of every Ministers diligence hereintill by their Presbyteries and Synods, as they will answer to the Generall Assembly. Sess. VII. August 9, 1643. Act for searching Books tendimg to Separation. THE Generall Assembly considering the recom- mendation of the Commissioners of the late Assembly at S. Andrews upon the 12 of May last, to, every Minister v^ithin their severall bounds, espe- cially to Ministers upon the coasts, or where there is Harbourie and Ports, to try and search for all books tending to Separation : And finding the same most necessar, do therefore ordain that recommend- ation to have the strength of an ordinary Act of Assembly : And that every Minister be carefnll to try and search if any such books be brought to this 1643.] KIRK OF SCOTLAND. 347 Countrey from beyond seas, and if any shall be found, to present the samine to Presbyteries, that some course may be taken to hinder the dispersing thereof : And earnestly recommend to the Civill Magistrates, to concurre with their authoritie in all things, for efFectuall execution hereof. Approbation, of (he proceedings of the Commissioners of tKe last Assernbly. THE Generall Assembly having lieard the report of the Committee appointed to consider the proceedings of the Commissioners of the late Assem- bly at S. Andrews ; after mature deliberation, and serious consideration thereof, findes the whole Acts, Conclusions and Proceedings of the saids Commis- sioners, contained in a Book and Register, sub- scribed by Master Andrew Ker their Clerk, and by Master David Lindsay, Moderatour, and Master James Hamilton, Clerk to the said Committee, to declare much wisedome, diligence, vigilancie, and every way commendable zeal and fidelitie in doing and discharging every thing according to their Com- mission. Sess. VIII. August 10, 1643. Propositions gi/cen by the Commissioners of the Parlia- liament of England to a Committee, to he presented hy them to the Assembly. WE the Commissioners appointed by both Houses of the Parhament of England, desire your Lordships, and the rest of this reverend Committee, to represent to the reverend the General Assembly of the Church of Scotland, that we are commanded, To acknowledge, with all thankfuluesse to God, their zeal for purging and reforming Religion, and care not only to prevent the grouth, but utterly to extirpate the Reliques of Popery : And also the great blessing of Almighty God upon their so con- stant and faithfull endeavours, thus far establishing them in truth and peace, together with their labour of love, to procure the like happinesse to our Church and Nation. To give them an accoimt of their earnest desire and endeavour to see the same Work promoted and perfected among our selves ; which though it hath been opposed and retarded by the industrious malice of the Popish, Prelaticall, and malignant partie, yet through Gods goodnesse it hath so far prevailed, as to produce the removeall of the High Commis- sion, the making void the coercive power of the Prelates and their Courts, The ejection of the Bishops from the House of Peers, The turning out of many scandalous Ministers ; Besides that they have passed and presented to his Majestic diverse Bills, viz.. For the suppressing of Innovations, For the more strict observation of the Lords Day, Against Pluralities and non-residencie, For the punishment of the scandalous Clergie, For the aboli- tion of Episcopacie, and the caUing an Assembly : The true Copies of which, we herewithall deliver. Which Bills, through the under-mining of the Papists, Prelates, and their party (the constant enemies of Reformation) have not yet obtained his Majesties Royall assent. And yet considering the urgent necessity of purging and settlmg the Church (as hath been often pressed and presented to the Parliament of England, by pious and frequent exhortations and Declarations from that reverent Assembly) they have been constrained by an Ordi- nance of both Houses, to call an Assembly of Divmes, and others, now sitting, to consider and prepare what may conduce thereunto, which by the assis- tance of some godly and learned Divines sent from this Nation (as is earnestly desired) we hope may through the blessing of God, bring it to perfec- tion. And yet notwithstanding to let them know that by reason of the prevailing of the Papists, Prelati- call Faction, and other malignant enemies to this so much desired Reformation, (all of them being now in arms against the Parliament) these hopefull beginnings are likely, not onely to be rendred in- efFectuall, but all the former evils, superstitions, and corruptions (which for the present, through the blessing of God, are in a good measure removed) to be re-introduced by strong hand, which if once they should take root again in the Church and Kingdome of England, will quickly spread their venome and infection into the neighbour Church and Kingdome of Scotland; the quarrell of the enemies of this Work being not so much against the persons of men, as the power of Godlinesse, and purity of Gods worship, wheresoever it is professed. Both Houses do therefore desire that reverent Assembly to lay seriously to heart the state and condition of their sister Church and Kingdome, and not only by their prayers to assist in these straits, but also by such seasonable and effectuall means as to them shall seem meet, to further and expedite the present aid and assistance demanded by both Houses. And lastly to make known unto them, that we designed and sent Ijy both Houses of Parliament, to the Generall Assembly of the Church of Scotland, to propound to them, and consult with them con- cerning such things as may conduce to our own Re- formation, and our so much desired conjunction, with this Church, which they have more fully expressed in a Declaration of their own, which herewithall we present. William Bond, August 10, 1643. Seer. Commiss. A Declaration of the Lords and Common^ in the Parliament of England, to tlie Generall Assanhly of the Church of Scotland. THE Lords and Commons in Parliament aclmow- ledging with humble thankfulnesse to Almighty God, the disposer of hearts, the Christian zeal and love which the GeneraU Assembly of the Churches of Scotland, have manifested in their pious endea- vours for the preservation of the true reformed Protestant Religion, from the subtle practices and attempts of the Popish and Prelaticall party, to the necessary Reformation of Church discipline and Government in this Kingdome, and the more near union of both Churches, do earnestly desire that reverend Assembly to take notice, that the two Houses of Parliament, fully concurring with them in these pious Intentions, for the better accomplish- ment thereof, have called an Assembly of diverse godly and learned Divines, and others of this King- dome, unto the City of Westminster, who are now sitting and consulting about these matters. And likewise have nominaced and appointed John Earle of Ruthland, Sir William Armine Baronet, Sir Henry Vane the younger. Knight, Thomas Hatcher and Henry Darley, Esquires, Committies and Com- missioners of both Houses, to the Kingdome and States of Scotland, who beside their Instructions in matters concerning the Peace and Commonweal of both Kingdomes, have received Directions to resort to the Generall Assembly of the Church of Scot- land, and propound and consult with them, or any Commissioners deputed by them, in all occasions which may further the so much desired Reforma- 348 RECORDS OF THE [1643. tion in Ecclesiasticall matters in this Church and Kingdome, and a nearer conjunction betwixt botli Churches. In performance whereof, Master Stephen Marshall, and Master PhUip Nye, Ministers of Gods Word, and men of approved faithfulnesse and abilities in their Functions, both Members of this Assembly of Divines here congregated, and sitting, are appointed to assist and advise the same Com- mittee in such things as shall concerne this Church. And the two Houses do hereby recommend the Committees and Divines afore-mentioned, to the reverend Assembly of the Church of Scotland, to be by them received with favour, and credited in those things, which they, or any three, or more of them shall propound to them. It is likewise desired, that that reverend Assembly will according to their former promise and resolu- tion, send to the Assembly here, such number of godly and learned Divines, as in their wisedome they think most expedient for the furtherance of this work, which so much concerns the honour of God, the prosperity and peace of the two Churches of England and Scotland ; and which must needs have a great influence in procuring a more safe and prosperous condition to other reformed Churches abroad. And that their endeavours may be more effectuall, the two Houses do make this request to them, with their authority, advice, and exhortation, so far as bolongs to them, to stu- up that Nation to send some competent Forces in aid of this Parlia- ment and Kingdome, against the many Armies of the Popish and Prelaticall party, and theiradherents, now in arms for the ruine and destruction of the reformed Eeligion, and all the Professours thereof. In all which they shall do that which will be pleas- ing to God, whose cause, it is, and likewise safe and advantageous to their own Church and Kingdome, who cannot securely enjoy the great blessings of Religion, peace, and Libertie in that Kingdome, if this Church and Kingdome, by the prevailing violence of that partie, shall bee brought to ruine and destruction. Jo. Browne, Henb. Elsynge, Cleric. Parliamentorum. Cler. Pari. D. Com. A Letter from some Brethren of tlie Ministerie in the Kirk of England, to tlie Assembly. Reveebne ANn Beloved, THE experience which we have had of your for- wardnesse in receiving, and faithfulnesse in weighing our former addresses, hath given us abun- dant encouragement to take hold upon this present opportunitie of breathing out something of our sor- rowes, which your love and our necessity, com- mand us to represent to your consideration and compassion. Much we know we may commit to the wisedome and fidehty of our Brethren these messengers, to impart unto you concerning our miserable condition, and unto them shall leave the most. Your own Nationall, but specially Christian interest, will not permit you to hide your eyes from the bleeding condition of your poor distressed Brethren in England, should neither Letters nor Messengers be sent unto you ; But Messengers coming, we should at once neglect our selves, should we not thus a little ease our burdened hearts, by pouring them out into your bosomes, and seem ungratefuU to you, of whose readinesse to suffer with us, and do for us, we have had so great and ample testimonies. Surely if ever a poor Nation were upon the edge of a most desperate precipice, if ever a poor Church were ready to be swallowed up by Satan and his Instruments, we are that Nation, we arc that Church. And in both respects by so much the more miserable, by how much, we expected not a Preservation onely, but an augmentation also, of happmesse in the one, and glory in the other. We looked for Peace, but no good came, and for a time of healing, and behold trouble ! Our GOD who in his former Judgements was a moth and rottenesse (and yet had of late begun to send us health and cure) is now turned into a Lion to us : and threatens to rend the very cawle of our hearts : from above he hath sent a fire into our bones, and it prevails against us ; from our own bowels he hath called forth, and strengthened an adversarie against us, a generation of brutish hellish men, the rod of his anger, and the staff of his indignation, under whose cruelties we bleed, and if present mercy step not in, we die. Righteous art tJiou, LORD, ami jtist are all thy Judgements ! But O the more then barbar- ous carriages of our enemies, where ever GOD gives any of his hidden ones up into their hands, we need not expresse it unto you, who knows the inveterate and deadly malice of the Antichristian faction against the members of our Lord Jesus. And it is well we need not expresse it unto you, for in truth we cannot. Your own thoughts may tell you better then any words of ours, what the mercie of Papists is, toward the Ministers and servants of our Lord Jesus Christ. But the Lord knows we are not troubled so much with their rage against us, or our own miseries and dangers; but that which breaks our hearts is, the danger we behold the Pro- testant Eeligion, and all the reformed Churches in at this time, through that too great and formidable strength the Popish faction is now arrived at. If our GOD will lay our bodies as the ground, and as the street under their foot, and poure out our bloud as dust before their fury, the will of the Lord be done, might our bloud be a sacrifice to ransome the rest of the saints or Church of Christ from Anti- christian fury, we would offer it up upon this ser- vice gladly. But we know their rage is insatiable, and will not be quenched with our blonds, immor- tall, and will not die with us, armed against us, not as men, but as Christians, but as Protestants, but as men desiring to reform our selves, and to draw our selves and dthers yet nearer unto God. And if God gave us up to be devoured by this rage, it will talce the more strength and courage (at least) to attempt the like against aU the Protestant and reformed Churches. In a deeper sense of this extream danger, threatning us and you, and all the Churches then we can expresse, we have made this addresse unto you ; in the bowels of our Lord Jesus Christ, humbly imploring your most fervent Prayers to the GOD that hears Prayers ; who (should we judge by providences) seems to be angry with our Prayers (though we trust he doth but seem so, and though he kill us, yet will we trust in him) Oh, give us the brotherly aide of your re-inforced tears and prayers, that the blessings of truth and peace which our prayers alone have not obtained, yours con- joyned, may. And give us reverend and much honoured iu our Lord your advices, what remains for us further to doe, for the making of our own and the Kingdomes peace with GOD. We have lien in the dust before him ; we have poured our hearts iu humiliation to him, we have in sincerity, endeavoured to reform our selves, and no lesse sin- cerely desired, studied, laboured the publick Refor- mation ; Neverthelesse the Lord hath not yet turned himself from the fiercenesse of his anger. And be pleased to advise us further, what may bo 1643.] KIRK OP SCOTLAND. 349 the happiest course for the uniting of the Protest- ant partie more firmly ? that we may all serve GOD with one consent, and stand up against Anti- christ as one man, that our GOD who now hides himself from his people may return unto us, delight in us, scatter and subdue his and our enemies, and cause his face to shine upon us. The Lord prosper you and preserve us so, that the great work of these latter ages may be finished to his honour, and our own and the Churches happinesse through Christ Jesus. Suhscfrihed by mry many hands. Sess. IX. August 11, 1643. Act atjainst Burialls and Mnging of Honours, S(C. in Kirks. THE Generall Assembly considering the great abuse of burying within Kirks, wlierein GODS publickworship is exercised, notwithstanding diverse Acts of this Kirk, prohibiting the same ; And that through toleration thereof, other abuses in hinging of Pensils and Brods, affixing of Honours and Arms, and such like scandalous Monuments in the Kirk, hath crept in. Therefore for remedy hereof, do hereby ratifie and approve the former Acts and Constitutions made against burials in Kirks. And inhibites and discharges all persons of whatsoever qualitie, to bury any deceased person witliin the body of the Kirk, where the people meet for hearing of the Word, and administration of the Sacraments ; And als inhibites them to hing Pensils or Brods, to affixe Honours or Arms, or to make any such like Monuments, to the honour or remembrance of any deceased person upon walls, or other places within the Kirk, where the publike worship of God is exercised, as said is. Sess. X. August 12, 1643. Act anent reposition of Ministers, deposed hy Svperiour Judicatories. THE Generall Assembly, considering that sen- tences of Superiour Judicatories of the Kirk should stand effectuall, while they be taken away by themselves, and that they should not be made void and ineffectuall by Inferiour Judicatories : There- fore discharges all Frovinciall Assemblies to repone any Minister deposed by the General! Assembly ; and all Presbyteries to repone any Ministers deposed either by Generall or Provincial Assemblies ; And declares and ordains, that all such sentences of reposition by these Inferiour Judicatories respective shall be null in themselves ; and that the sentences of deposition by the Superiour Judicatories respective shall stand valid and effectuall notwithstanding thereof. Sess. XI. August 14, 1643. Act against Masters who hme Sercants that propliane tlie Lords day. THE Generall Assembly declares, that the Acts made against Salmond fishing upon the Sab- bath, or against any other labour upon the Loijds day, to be not only agamst servants who actually work : But also that the samine should be extended against masters, whose hired servants they are, Sess. XII. August 15, 1643. Act for preparing the Directorie for tlie vxmhip of God. THE Assembly considering how convenient it is that all the Ministers of the particular Kirks within this Kingdome, in their administration, keep unity and uniformity in the substance and right ordering of all the parts of the pubhck worship ot God, and that all the particular Kirks by the same unity and uniformity, testifie their unanimous con- sent against all schisme and division, unto which these times, through the working of Satan and liis instruments, against the propagation of the Gospel of peace are so inclineable : Doth ordain, th.at a Directorie for divine worship, with all convenient diligence be framed and made ready in all the parts thereof, against the next Generall Assembly, to be held in the year 1644. And for this end that such as shall be nominate by this Assembly, shall imme- diately after the rising of the Assembly, set them selves apart (so far as may be) from their particular callings, and with all diligence and speed, go about this so puhlick, so pious, and so profitable a work. And when they have brought their endeavours and labours about this Directorie to an end, that it be put into the hands of the Commissioners of the Generall Assembly, to be revised, and thereafter by them sent in several! Copies to all the particular Synods to be held in April and May, that the samine being reported with their consent, or with their observa- tions, notes, and animadversions to the Generall Assembly, it may in end, after their full triall and approbation, by order and authority from them be received, and practised by all the Ministers and particular Kirks. And for preserving of peace and brotherly unity, in the mean while, till the Direc- torie by universail consent of the whole Kirk be framed, finished, and concluded. The Assembly forbiddeth, under the pain of the censures of the Kirk, all disputation by word or writing, in private or publick, about different practices in such things, as have not been formerly determined by this Kirk, And all condemning one of another in such lawfuU things as have been universally received, and by perpetuall custome practised by the most faithfull Ministers of the Gospell, and opposers of corrup- tions of this Kirk, since the first beginning of Re- formation to these times. And doth exhort and command that all endeavour to keep the unity of the spirit, in the bond of peace, that all beginnings of Separation, all scandall and division, be by all means avoided ; And that against envying, and strife, and faction, and glorying in men, every one go before another in the duties of lore, and so fulfill the Law of Christ : That continuing in one spirit and one minde, and fighting together through the faith of the Gospell, we may mutually aide, strengthen and comfort one another in all Pastorall and Christian employments, better resist the common adversaries, edifie one another in the knowledge and fear of God, and the more acceptably, and with the greater bless- ing serve the Lord who hath done so great things for us. Propositions from the English Commissioners presented this day to the Assembly. WE the Commissioners appointed by both Houses of the Parliament of England, being com- manded by them (as we have already declared) to 350 RECORDS OF THE [1643. desire the reverend Assembly of Scotland, seriously to lay to heart the present Estate of their Sister Church and Kingdome of England, and not onely to assist with their Prayers in their straits, but also by such reasonable and effectual! means as to them- selves shall seem meet to further and expedite the assistance now "desired by both Houses from the Kingdome of Scotland, and a more strict union with them, Have thought fit in Pursuance of the com- mands received from both Houses of Parliament, to communicate to this Assembly the paper which to this purpose we have lately delivered to the Honourable Convention of Estates, in this King- dome, that so this reverend Assembly might be the better enabled, to contribute their best assistance toward the furthering and expediting of the same. Wherein we assure our selves of their ready and willing affections, considering the great service they may do to God, and the great honour may redound to themselves in becoming the, Instruments of a glorious Reformation, not onely through this Hand, but from thence possibly to be spread to other Churches now oppressed under the Antichristian bondage, and tyrannie of the Popish and prelaticall Faction. We will not say there lies any obligation upon this Church and Kingdome, to comply with the desires of the two Houses of Parliament ; though we might call to minde that God by the hand of the Church and Kingdome of England, did once reach forth assistance and aid unto this ISTation, and hath since used them as a help to that blessed Reforma- tion it now enjoys. And who knoweth whether the wise providence of God hath not suffered this Church and Kingdome to be tempted thereby, to make them the more sensible of the present miseries of their brethren, and likewise given them a good issue, with the tentation, that they might be made a means of our deliverance ? We shall not need to offer any grounds of prudence to invite them here- unto, %vho have already prevented us in the acknow- ledgement of what might be said of that kinde in the advice presented by the Commissioners of the Generall Assembly, July 6, 164^, unto the Conven- tion of Estates, expressing as one remedie of the present dangers of this Church and Kingdome, their earnest desire of renewing the league and asso- ciation with England, for the defence of Religion against the common enemie, and of further extend- ing the same against Prelacie and Popish Cere- monies, for Uniformity in externall worship and Church-government. And we hope that the same God who hath put these desires into the hearts of both Kingdomes, will make use of this present opportunity to knit them both to himself and each other in a most strict and durable Union, and thereby the more firmly to establish truth and peace in both Nations. Howsoever this which we have done in discharge of our duty, will affoord the com- fort of a good conscience in our greatest distresses, and give us ground to expect deUverauce some way or other from the manifold wisedome and power of God, who though men and means fail, wUl not cast off his people, nor forsake his inheritance. We have onely this to adde further, that we are com- manded by both Houses to let this reverend Assem- bly know that it is their earnest desire, that what other Propositions may be thought fit to be added and concluded by this Assembly, whereby the assist- ance and Union betwixt the two Nations, may be made more beneficiall and effectuall for the sefcnring of Religion and Libertie, should be offered to us, and taken to our speedy consideration. William Bond, Seer. Com. August IS, 1634. The Paper hefore-mentioned, delnered August 12 to the Con'mntion, cleared to be concerning Eeligion, and that both Houses may uncessantly prosecute that good Work first and above all other matters, giving no sleep to their eyes, nor slumber to their eye-lids, until they finde out a place for the Lord, an habitation for the mighty GOD of Jacob, whose favour alone can make their mountain strong, and whose presence in his own ordinances, shall be their glory in the midst of them : So it is our confidence, that the begun Eeformation is pf GOD, and not of man, that it shall increase, and not decrease ; and that he to whom nothing is too hard, who can make mountaines, valleyes, crooked things, straight, and rough wayes, smooth, shall lead along and make perfect this most wonderfuU "Work, which shall be remembred to his glory in the Church throughout all generations. And lest through any defect upon the Generall Assemblies part, the Work of Eeformation (which hitherto to the great grief of all the Godly hath moved so slowly) should be any more retarded or interrupted, they have according to the renewed desires of both Houses of Parliament, and their own former promises, nominated and elected Mr Alexander Henderson, Mr Eobert Douglas, Mr Samuel Eutherfoord, Mr Eobert Bailzie, Mr George Gillespie, Ministers of Gods word; and John Earle of Cassills, John Lord Maitland, and Sir Archbald Johnstoun of Waristoun, t-uUng Elders, all of them men much approved here ; With Commission and power to them, or any three of them, whereof two shall be Ministers, to repair unto the Assembly of Divines, and others of the Church of England, now sitting at Westminster, to propound, consult, treat, and conclude with them, and with any Committees deputed by the Houses of Parliament (if it shall seeme good to the honour- able Houses in their wisedome to depute any for that end) in all such things as may conduce to the utter extirpation of Popery, Prelacie, Heresie, Schisme, Superstition and Idolatrie, And for the setUng of the so much desu-ed Union of this whole Island in one forme of Church-government, one Confession of Faith, one common Catechisme, and one Directorie for the Worship of GOD, according to the Instructions which they have received, or shall receive from the Commissioners of the Gene- rall Assembly appointed to meet at Edinburgh from time to time, with the Assemblies power for that end. And as the Generall Assembly doth most gladly and aifeetionately receive and fully trust the Committees and Divines sent hither, so do they hereby commend the afore-named Commissioners, not only to the like affection and trast of the Assembly there, but also to the favour and protec- tion of both Houses of Parliament. And for the further satisfaction and encourage- ment of their Brethren of England, the whole Assembly in their own name, and in name of all the particular Churches in this Kingdome, whom they represent ; Do hereby declare, that from their zeal to the glory of GOD, and propagation of the Gospell, from their affection to the happinesse of their native King, and of the Kingdome of Eng- land, and from the sense of their own interest in the common dangers of Eeligion, Peace, and Liber- tie, They are most willing and ready to be united and associated with their Brethren in a nearer League and solemne Covenant for the maintenance of the truly reformed Protestant Eeligion, against Popery and Prelacie, and against all Popish and Prelaticall corruptions ; in doctrine, discipline, worship, or Church-government, and for the set- tling and holding fast of unity and uniformity betwixt the Kirlcs of this Island, and with the best reformed Churches beyond sea. Which Union and Covenant, shall with Gods assistance be seconded by their co-operating with their Brethren in the use of the best and most effectuall meanes that may serve for so good ends ; For the more speedy effectuating whereof, to the comfort and inlargement of their distressed Brethren (whose hope deferred might make their hearts to famt) the whole Assembly with great unanimity of judgement, and expressions of much affection, have approved (for their part) such a draught and forme of a mutuall League and Covenant betwixt the King- domes, as was the result of the joint debates and consultations of the Commissioners from both Houses, assisted by the two reverend Divines, and of the Committees deputed from the Convention of the Estates of this Kingdome, and from the Gene- rall Assembly : Expecting and wishing the like approbation thereof by the right honourable the Lords and Commons in Parliament, and by the reverend Assembly there. That thereafter it maybe solemnely sworne and subscribed in both Kmg- domes, as the surest and straitest obUgation to make both stand and fall together in that cause of Eeli- gion and Libertie. As the Estates of this Kingdome have often pro- fessed in their former Declarations, the integritie of their Intentions against the common enemies of Eeligion and Libertie in both Kingdomes, and their great affection to their Brethren of England, by reason of so many and so near relations ; So doubtlesse now in this time of need they will not fail to give reall proof of what before they pro- fessed. A frieiid Imeth at all times, and a hrotlier is born for adeersUie. Neither shall the Assembly, or their Commissioners be wanting in exhorting all others to their duty, or in concurring so for as belongeth to their place and vocation, with the Estates now conveened, in any lawfuU and possible course which may most conduce to the good of Eehgion and Eeformation, the honour and happi- nesse of the Kings Majestie, the deliverance of their Brethren of England from their present cala- mitous condition, and to the perpetuating of a firme and happy peace betwixt the Kingdomes, 1643.] KIRK OF SCOTLAND. 357 The Assemblies Answer to the right reverend the Assembly of Ditines in the Church of England. Eight Reverend and Dearly Beloved, A S the sufferings of Christ abound iii you, So our XX. heartie desire to God is, that your consolations may much more abound by Christ. The perusing of your Letter, produced in every one of us' such a mixture of affections, as were at the laying of the foundation of the second Temple, where there was heard both shouting for joy, and weeping aloud ; We rejoyced that Christ our Lord had at last in that Land created a new thing, in calling together, not as of before a Prelaticall Convocation to be task-masters over the people of the Lord, but an Assembly of godly Divines, minding the things of the Lord, whose hearts are set to purge the defiled House of GOD in that Land : yet this our joy was not a little allayed by the consideration of the sad and deplorable condition of that Kingdome, where the high provocations of so many years, the hellish plots of so many enemies in a nick of time, have brought an inundation of over-flowing calamities : We know you are patiently bearing the indignation of the Lord, because you have sinned against him, till he throughly plead your cause, and disquiet the inhabitants of Babylon, who now laugh among them- selves, while you are fed with the bread of tears, and get tears to drink in great measure, being on the mountains like the doves of the valleyes, all of you mourning every one for his iniquitie. It is now more nor evident to all the Kirks of Christ, with what implacable fury and hellish rage, the bloud-thirstie Papists, as Babylon without, and the Prelaticall Faction, the children of Edom within, having adjoyned to themselves many malignant adherents, of time-serVing Atheists, haters of holi- nesse, rejecters of the yoke of Christ, (to whom the morning light of Reformation is as the shadow of death) have begun to swallow up the inheritance of the Lord, and are not easily satisfied in making deep and long furrowes on your backs. We cannot say that the loudnesse of your cry surpasseth the heavi- nesse of your stroake ; but though the Lord hath delivered the men, every one into his neighbours hand, and into the hand of his King, and they have smitten the Land, yet the rod of the wicked shall not rest upon the lot of the righteous : This cloud shall speedily passe away, and a fair sun-shine shall appear. As for us, though your extreame calamitie did not threaten the mine of our Religion, Peace, and Liberties, as it doth most evidently ; we would hate our selves, if we did not finde our hearts within us melting with compassion over you : You are engraven on the tables of our hearts to live and die with you : we could desire that our heads were waters, and our eyes a fountain of tears, that we might weep day and night for the slain of the daughter of the Lords people ; So calamitous a con- dition of any of the Kirks of Christ, could not but be very grievous unto us ; How much more shall not we stoup and fall down in the dust to embrace our dearest Brethren of England, to whom we are tied in so near and tender relations. When we were but creeping out of th'e deep darlmesse and bondage of Popery, and were almost crushed with the fury of Forreigne Invaders, joined with intestine enemies, pretending the name and warrand of autho- rity as now your oppressours do ; Then did the Lord by your Fathers send us seasonable assistance against that intended and begun bondage both of soul and body : The repayment of which debt, the Divine Providence seemeth now to require at our hands. And whereas of late through our security we had fallen into a wofull relapse, and were compassed about with dreadfuU dangers on all hands, while we aymed at the recovery of oiu: former puritie and libertie : Then we wanted not the large supply of your fervent Prayers, and other brotherly assistance of that Nation, while those who are now your malignant enemies, would have swallowed us up. These strait bonds of your ancient and late love, do so possesse our hearts, that when the motions of the Commissioners of the honourable Houses of Parliament, and your Letters did challenge our advice and aid for defence of Religion, and advance- ment of Reformation ; our smoaking desires for a more strict Union and IJniformitie in Religion betwixt both the Nations, did break forth into a vehement flame, in such sort, as when the draught of a League and Covenant betwixt both Kingdomes for defence of Religion, &e. was read in open audience. It was so unanimously and heartily embraced, with such a torrent of most affectionate expressions, as none but eye or ear- witnesses can conceive ; whereof the two reverend Divines sent from you to us, being then present, no doubt will give you an account. Neither was it so onely with us, but also the honourable Convention of Estates here, with the like harmony of affectionate expressions, did entertain the same ; So that we hope to be reall and constant in prose- cuting the contents of this Covenant. When we in our straits fled to the Lord, and entred in Cove- nant with him, he owned us and our Cause, rebuked and dissipated our enemies, and hitherto hath helped us, and blessed our enterprises with success from heaven, notwithstand our great weaknesse and un- worthinesse. We trust in the Lord, that as once it was prophesied of Israel and Judah ; So shall Scotland and England become one stick in the hand of the Lord, they shall ask the way to Sion, with their faces thitherward, saying. Come, let us joyne our selves to the Lord in a perpetuall Covenant, that shall not be forgotten ; And so shall come to passe, that the Lords Jerusalem in this Island, shall be a cup of trembhng, and a burthensome stone to all their enemies round about. Though now it be the time of Jacobs trouble, the Lord will dehver him out of it. Reverend and dear Brethren, we con- ceive your case, and of all the Faithfull in that Land, to be no other then of a woman crying, travell- ing in birth, and pained till she be delivered. The great red Dragon, (under whose standard the sons of Belial are fighting) is your Arch-enemy, This cannot but be a time of fear and sorrow ; But when the male childe shall be brought forth, the pain shall cease, and the sorrow shall be forgotten. We are very confident in the Lord, that you will be faithful to Jesus Christ, m the work committed to you by him in all his ordinances, and taking neither foundation, corner-stone, nor any part of the rubbish of Babell to build the City that is called. The Lord is tliere : But measuring all with the golden reed of the Sanctuary, you may more closely be united to the best Reformed Kirks, in Doctrine, Worship, and Government, that you may grow up in him in all things which is the head, even Christ. And now Reverend and dear Brethren, though we know that you abound in all gifts and graces, the Spirit of Jesus Christ being plentifully powred out upon you, yet according to your desire and the motion made by the Commissioners of the Honour- able Houses of Parliament, to testifle our hearty sympathie with you in the work of the Lord, We have nominate and elected some Godly and learned of this Church to repair to vour Assembly. We 358 RECORDS OF THE [1643. aoubt nothing of your hearty embracmg them in the Lord, and their diligent concurrance with you in advancing that great work. Not onely the conunon danger we are under, but the conscience of cur duty to his suffering people, layeth bonds on us frequently to present you, and that blessed Work of Eeformation, in your hands, to the throne of Grace, that the GOD of all Grace, who will call you into his eternall glory by Christ Jesus, after that you have suffered a while may make you perfect, stablish, strengthen, settle you. Subsonbed in name of the Assembly of the Church of Scotland, by the Clerh oftlie Assembly. Edinburgh, August 19, 1643. The Assemblies Amicer to the Reverend their belmed Brethren, Ministers in the Church of Englcmd. Eeverend and Beloved, WEE acknowledge with thankfulnesse to GOD, that this is one of the good blessings bestowed upon our Kirk of late, and a pleasant fruit of our free Assemblies, That a way is opened for keeping communion with our sister Kirks abroad, and cor- respondence with you our dear Brethren, in whose joy and sorrow we have so near interest, and whose cause and condition we desire to lay to heart as our own. All your former Letters were most acceptable, and fuU of refreshment unto us, being taken as the earnest of a more full and constant fellowship, longed after and hoped for : And this your last, although full of sadnesse and sorrow, yet accounted of us all most worthy of our tenderest affection and best respects, both for your cause who sent it, and for these worthy witnesses which did attest it: Wherein as you have given unto us no small evi- dence, not only of your love, but also of trust and friendly respect, by choosing to poure out your grieved souls in our bosome ; So we shall wish, and Godwilling endeavour, that you may really finde some measure of brotherly compassion in our receiv- ing thereof. For these your sad expressions of deep sorrow, being as you have given us to conceive but a part of your complaint, and a lamentation lesse then the causes doth require, cannot but melt every heart, wherein there is any the least warmnesse of the love of Christ and his Saints : And what Childe of the Bridegrooms chamber, can hear the voice of so many friends of the Bridegroom, lamenting for the evils which have befallen Christs Bride in Eng- land, in the very night beforeher expected espousalU, and not sit down and mourn with them, except his heart be fallen asleep and frozen within him ? This pitifuU condition of our sister Church in England hes matter enough we confesse to move, yea, to rend our bowels. If we should weigh this your heavie grief in the scales of common reason, we behoved either to stand aloof from your plague as men astonished, or sink down in heavinesse and be swallowed up of sorrow : but when we ponder your sad condition in the Ballance of the Sanctuary, we finde that nothing hath as yet befallen unto you, save that which hath been the exercise of the Saints in former times, who have been made to sit down for a while in the shadow of death before the day of their deUverance. We finde nothing but that which may be a fit Pre- paration for a comfortable out-gate from aU your troubles. What if it was necessary in the wise dispensation of Almighty GOD, that a People in great estimation for wisedome and power, such as England, should be thus farre humbled, as you declare, to the end that your deliverance may be seen hereafter to be of the Lord, and not of your selves ? What if the Lord would not draw back his hand from the Wine-presse wherein you now lye, till he should draw forth from you these pittfuU expressions of your low estate, and so provide him- self witnesses against the day to come, that he may have the greater and purer glory in your salvation, and your gloriation may be in the Lord alone ? Dear Brethren, comfort your selves in the Lord ; this sowing in tears, doth promise a reaping in joy, and who knoweth how soon he will give to you who are mourners in Zion, beauty for ashes, the oyle of joy for mourning, the garment of praise for the spirit of heavinesse ; That you may be called the trees of righteousnesse, the planting of the Lord, that he may be glorified. Though weeping be in the evening of this begun Reformation and purging of the Lords House among you, yet in the morning when the discovered filthi- nesse and sweepings of the Temple shall be orderly cast out, joy shall come with thanksgiving and praise. Though a fire be kindled in the Land, yet it is not to consume any of the mettal, for the Lord is sitting down as a Refiner amongst you, and espe- cially to purifie the sons of Levi, that he may have a more pure oblation of spirituall worship and ser- vice in all his holy ordinances throughout all the Land, which is no token of wrath, but of loving- Idndnesse towards you. No wonder that Satan doth thus rage, as you relate, for-seeing his casting out : No wonder he stirre up all the children of disobedi- ence, and kindle their naturall malice against the children of God with the inspiration of hellish fury : No wonder the spirit of Antichrist be mad, when the morsell half swallowed down, is like to be pulled out of his throat, the fat morsell of the rich Reve- nues of England : No wonder he be cruell against you the servants of Christ, who are consuming him by the breath of the Lords mouth. You do well to expect no mercy, if Papists and Prelats prevail over you, neither desire we to deceive our selves with hopes to be free from what ther power and malice can do against us ; for they will not do to us if they get the upper-hand, as we have done, and must do, if God bring them low agam under us, as they were before ; for we and they are led by the contrary spirits of Christ and Antichrist : We have laboured, and must labour for their con- version, but they (except in so far as God shall bridle them) will not rest without our destruction ; for their fury against our persons is much more fierie then our zeal is fervent against their abominations. Let them follow the spirit of lying and murthering, wee must take us to our refuge, and joyne our selves with all that are sensible of the danger of the Re- formed Religion in prayer and supplication. The Lord of hosts is with us, the God of Jacob is our refuge. Now for advice, what can we say to you who are upon your watch-tower, wherein is the spirit of wisedome and eounsell, who lye thus as humble Disciples under the Lords foot, who did never for- sake them that sought him. Go on in the name of our Lord Jesus Christ, against all opposition, with- out fear of whatsoever dangers, to purge the House of the Lord, to repair the breaches thereof, to set up all his Ordinances in their full beautie and per- fection, to the uttermost of your power, according to the pattern of the Word of GOD, and zeal of the best reformed Kirks ; And let these two Kingdomes be knit together as one man in maintaining and pro- moving the truth of the Gospel ; Let us enter in a peipetuall Covenant for our selves and our posterity, to endeavour that all things may be done in the 1643.] KIRK OF SCOTLAND. 359 House of GOD according to his own will, and let the Lord do with us what seemeth good in his eyes. Only wait upon the Lord, be of good courage, and he shall strengthen your heart. Let your hands he ever at your Masters Work, and hold your feces resolutely to his Cause. Watch ye, stand fast in the faith, quite your selves like men, be strong, for ye shall see the salvation of the Lord, and your labour shall not be in vain. Subscribed in name of the Generail Assembly of ttte Church of ScotUmd, by the Cleric of ttie Commission of the Generail Assembly for these that repair to tlie Eimgdome ofEnglamd. THE Generail Assembly of the Church of Scot- laud, finding it necessary to send some godly and learned of this Eirk to the Eingdome of Eng- land, to the effect under-written. Therefore gives full Power and Commission to Master Alexander Henderson, Master Robert Douglas, Master Samuel Rutherfoord, Master Robert Bailzie, and Master George Gillespie, Ministers, John Earle of Cassills, John Lord Maitland, and Sir Archbald Johnstoun of Waristoun Elders, or any three of them, whereof two shall be Ministers, to repair to the Kingdome of England, and there to deliver the Declaration sent unto the Parliament of England, and the Letter sent unto the Assembly of Divinesnowsittingin that King- dome. And to propone, consult, treat and conclude witht^iat Assemblyor any Commissioners deputed by them, or any Committees or Commissioners deputed by the Houses of Parliament, in all matters which may further the Union of this Island in one forme of Kirk-government, one confession of Faith, one Catechisme, and one Directorie for the Worship of GOD, according to the Instructions which they have received from the Assembly, or shall receive from time to time hereafter from the Commissioners of the Assembly deputed for that effect. With power also to them to convey to his Majestie, the humble Answer sent from this Assembly to his Majesties Letter, by such occasion as they shall think con- venient ; And suchlike to deliver the Assembhes Answer to the Letter sent from some wel-aifeoted Brethren of the Ministery there. And generally authorizes them to do all things which may further the so much desired Union, and nearest conjunction of the two Churches of Scotland and England, con- form to their Instructions aforesaid. Reference to the Commission, anent (Ik Persons designed to repair to the Kingdome of England. THE Assembly having this day approven the nomination made by the Commissioners of the late Assembly, of Persons to repair to the Synod of Divines in England : And having of new elected and nominated all the same persons, except Master Elea- zar Borthwick, who is now with GOD. Therefore gives power to the Commissioners to be appointed by this Assembly for the publick affairs of this Kirk, to nominate and appoint any other whom they shall think meet in his place. And suchlike the Assembly refers to the said Commission, to consider whether it be convenient to send now at this present time to the Kingdome of England, all the persona appointed to go thither, and to designethe Persons whom they think meet to go at this present occasion, to deter- mine the time of their dispatch, and to give unto them their Instructions. And further in case of sicknesse or death of any of the persons appointed for that employment, or in the case of any other necessary impediment of their undertaking the samine ; Gives power to the said Commission, to nominate others in their place if the Commission shall finde it convenient. Commission for tlie PMich affairs of this Kirk. THE Generail Assembly, considering the laudable custome of this Kirk, in appointing Commis- sions betwixt Assemblies for the publick affairs of the Kirk, and the commendable practice of the late Assembly at Saint Andrews, in appointing their Commission for prosecuting that blessed Work, for uniting the Kirks of this Island in Religion and Kirk-government, by all lawfull and Ecclesiastick wayes, for continuance of our own peace at home, and of the common peace betwixt the two Nations, and for other good ends, as at length is exprest in that Commission: And finding that the painfull endeavours and proceedings of that Commission, unanimously approven in this Assembly, though they have much advanced that glorious Work of Unity in Religion and Government ; yet hes not brought the samine to full perfection and a finall accomplishment ; And the Assembly being now much animate and encouraged to prosecute that Work by the Parliament of England their Bills past against Episcopacie, and sundry other corruptions, and the good hopes of a solemne Covenant betwixt the Nations, And conceiving that in thir times of danger, there may be some occasions for conveening the Assembly, before the time indicted for their next meeting. Therefore the Assembly finding it necessary to appoint a new Commission, By these presents, nominates and appoints Mr Andrew Ram- say, Mr Alexander Henderson, Mr Robert Douglas, Mr William Colvill, Mr William Bennet, Mr George Gillespie, Mr JohuAdamson, Mr John Sharpe, Mr James Sharpe, Mr William Dalgleish, Mr David Calderwood, Mr Andrew Blackhall, Mr James Fleeming, Mr Robert Ker, Mr John Macghie, Mr Oliver Colt, Mr Hugh Campbell, Mr Adam Pen- man, Mr Richard Dickson, Mr Andrew Stevinson, Mr John Lauder, Mr Robert Blair, Mr Samuel Rutherfoord, Mr Arthur Morton, Mr Robert Traill, Mr Frederick Carmichell, Mr Mungo Law, Mr John Smith, Mr Patrick Gillespie, Mr John Dun- can, Mr John Hume, Mr Robert Knox, Mr Wil- liam Jameson, Mr Robert Murray, Mr Henry Guthrie, Mr James Hamilton, Mr Bernard Sander- son, Mr John Leviston, Mr James Bonar, Mr Evan Cameron, Mr David Dickson, Mr Robert Bailzie, Mr James Cunninghame, Mr George Young, Mr Andrew Auchinleck, Mr David Lindsay, Mr Andrew Cant, Mr John Oiswald, Mr William Douglas, Mr Murdoe Mackenzie, Mr Coline Mackenzie, Mr John Monroe, Mr Walter Stuart, Ministers: Marquesse of Argyle, Earle Marshell, Earle of Sutherland, Earle of Eglintoun, Earl of Cassills, Earle of Dumfermling, Earle of Lawderdail, Earle of Lindsay, Earle of Queensberrie, Earle of Dalhousie, Lord Angus, Vicount of Dudhope, Lord Maitland, Lord Elcho, Lord Balmerinoch, Lord Cowper, Sir Patrick Hep- burne of Wauchtoun, Sir Archbald Johnstoun of Waristoun, Sir David Hume of Wedderburne, Sir Alexander Areskine of Dun, Sir William Cockburne of Langtoun, Ruthven of Frieland, Sir James Amot of Fernie, Sir Walter Riddell of that Ilk, Sir Lodovick Houstoun of that Ilk, Sir William Carmichaell, Fiar of that Ilk, Laird of Bonjedburgh, Laird of Libbertonn, Laird of Brodie, Sir John Smith, James Dennistoun, Master Robert Barclay, 360 RECORDS OF THE [1643. John RutherfoordjWilliam Glendinning, John Sem- pill, John Kennedie, Master Alexander Douglas ; To meet at Edinburgh the 21 day of August next, and upon any other day thereafter, and in any other place they shall think good. And gives and grants unto them, or any fifteen of them, there being twelve Ministers present, full power and Commission, to consider and performe what they finde necessary by Praying and Preaching, by supplicating his Majestie and all the Judicatories of this Kingdome, by De- clarations and Remonstrances to the Parliament of England, to the Synod of Divines in that Kingdome, by Informations, Directions, and Instructions to, and continnall correspondence with the Commis- sioners, now designed by this Assembly to go to the Synod of Divines in England, or by any other law- ful! Ecclesiastick wayes, for furtherance of this great Work, in the Union of this Island in Religion and Kirk-government, and for continuance of our own Peace at home, and of the common Peace betwixt the Nations, and keeping of good correspon- dence betwixt the Kirlts of this Island. With power also to them to conourre with the Lords of Counoell, Commissioners of Peace, or with the Honourable Estates assembled in Convention or Parliament, or with their Committees or Commissioners, in pro- secuting this good Work at home or abroad by all Ecclesiastick wayes. And suchlike with power to them to prevent the dangers conteined in the Re- monstrance, presented unto the Convention of Estates by the Commissioners of the late Assembly in June last, and to prosecute the remedies of these dangers conteined in another Remonstrance, pre- sented by the saids Commissioners to the Conven- tion the 6 of July last, by admonitions, directions, censures, and all other Ecclesiastick wayes. And further in case their Brethren of England shall agree to the Covenant betwixt the Kingdomes, the draught and frame whereof is now so unanimously approveu in this Assembly Gives also unto the Persons fore- said, or the Quorum above-written, full Power and Authoritie to command and enjoyn the samine to be subscribed and sworn by all the members of this Kirk : And that in such order and manner, and with such solemnities as tliey shall think convenient for so great and glorious a Work ; And to send their directions to Sessions, Presbyteries and Synods, for execution of their orders thereanent. And with power to proceed against any Person whatsoever, that shall refuse to subscribe and swear the said Covenant, with all the censures of the Kirk, or to refer the tryall and censures of such delinquents to Presbyteries or Synods as they shall think conven- ient. And such like gives unto the persons fore- saids power and libertie, to call a Generall Assembly pi-o re nata, in case they shall finde the necessity of the Kirk, and this great Work to require the same : With full power also to them to give Answers in name of the Assembly, to all Letters sent to the Assembly from the Kirks of Holland, Zealand, or any other forraigne Reformed Kirks. And further gives power to them to promove" the other desires. Overtures and recommendations of this, or of any former Assemblies to the Kings Majestie, Parlia- ment or Convention of Estates, to the Lords of Councell, Session, Exchequer, Commissioners of Parliaments, for plantations of Kirks, for the com- mon burdens, and for conserving the Peace. And suchlike gives us full power and Commission to them to treat and decerue in any other matters referred, or to be referred to them by this Assembly, as if the samine were herein particularly insert. And gene- rally gives unto the Persons foresaids, or the Quorum above-mentioned full power and Authoritie, to do and performe all things which may advance, accom- plish, and perfect the great Work of Unity of Reli- gion, and Uniformity of Kirk-government in all his Majesties Dominions, and which may be necessary for good order in all the publick affaiis of this Kirk, until the next Assembly, ne quid detrimenti capiat Ecclesia. With als ample power in all matters par- ticularly or generally above-mentioned, as any other Commission of Generall Assemblies, hes had or been in use of before ; They being alwayes countable to, and censurable by the next Generall Assembly, for their proceedings thereintUL THE Generall Assembly appoints the meeting of the next Generall Assembly, to be at eSu- burgh the last Wednesday of May, in the year 1644. FINIS. Index of the Acts of llie Assembly Jwlden at Edin- burgh, 1643. Not printed. 1. — The Kings Majesties Commission to Sir Thomas Hope of CraighaU, Knight, his Majesties Advocate. 2. — Election of Master Alexander Henderson, Moderatour. 3. — Appointment of Master John Scot, who was sent from the Presbyterie in the Scottish Army in Ireland, to be present in the Assembly every Ses- sion. 4. — Questions propounded by the Moderatour, to some brethren in the North, anent some Papists there, and there answer thereunto. 5 Commission for visitation of the University of S. Andrews. 6. — Letters from Master William Spang, Minis- ter of the Scots Kirk at Campheir, with attesta- tions of some Dutch Kirks, anent hinging of Pen- sills in Kirks, &c. 7. — Act for summar excommunication of Adam Abercrombie. 8. — Approbation of the deposition of Master John Forbes, with an ordinance for his subscribing the Covenant. 9. — Questions from the Presbyterie of Hading- ton with the Assemblies resolution thereof, anent Sir John Seaton, and his daughter. 10. — Approbation of the advice of the Commis- sioners of the late Assembly at S. Andrews, for not printing two Acts of the last Assembly held at Aberdene. 1. — Approbation of the Lord Maitlandhis faith- ful dischargiug the Commission given to him by the late Assembly at S. Andrews for repairing to the Kings Majestie, and Parliament of England, &c. 12. — Committee appointed to meet with the English Commissioners. 13. — Power of CoUectorie to Master Robert Dalgleish, of the annuitie of 500 lib. sterling, granted by his Majestie to the Kirk. 14. — Approbation of the Lord Marquesse of Ar- gyle his apprehending Ronald Macronald, Priest. 15. — Approbation of the Laird of Birkenboge, for apprehending John Robeson, Priest. 16 Renunciation of the unlawful! Band, con- forme to the ordinance of the Assembly at Edin- burgh, 1641. 17. — Recommendation anent the captives in Argiers. 18. — Approbation of Master Alexander Hender- 104.3.] KIRK OF SCOTLAND. 361 son, his faithfuU and wise carriage in discharging of the Commission given to him by the Commissioners of the late Assembly, for going to His Majestie, &c. 19. — Report of the Committee appointed to meet with the English Commissioners. 20. — Report of the Committee appointed for try- ing thePresbyterie of Auchterarder, The Assemblies approbation, admonition, and publick rebuke of the severall brethren of that Presbyterie respective, according to their behaviours. 21. — Suspension of Master John Graharae. With [Answers.] 22. — The ordinance for debarring the Ministers who are Commissioners of that Presbyterie, from this Assembly. 23.- — Recommendation to the Synod of Perth for reconciling the differences amongst the brethren of that Presbyterie. 24. — Publick rebuke of Master Henry Futhie. 25. — Recommendation of the desire of Sir John Crawfurd of Kilburnie, Knight, to the Presbytl^fe of Dumbartan. 26.' — ^Anent Doctour Howies papers. 27. — Act anent the desire of the Letters sent from the Minister of the Scottish Kirk at Campheir. 28. — Recommendation to him, to urge the sub- scribing of the Covenant. 29. — Deposition of Master Audro Logie. 30. — Erection of a Presbyterie at Biggar, with a suspension of entrie thereunto. 31. — Reference of the matter betwixt the parish- oners of Closburne, &c., and the Presbyterie of Penpont, to the Synod of Dumfreis. 32. — Reference of the Petition of Dunscoir to the Commiss. Pari, for plantation of Kirks. 33. — Recommendation anent the Kirk of Caru- bie, to the Presbyterie of S. Andrews. 34. — Remitt. anent Traflat and Drnngrey, to the Synod of Dumfries. 35. — Act anent Roger Lindesay of Maines his Excommunication, With a Recommendation to the Convention of Estates concerning him. 36. — Recommendation to the Convention of Estates, anent persons excommunicate. 37. — Commission for visitation of Orkney, Zet- land, &c. 38. — Act anent the Kirk of Stracathro. 39. — Recommendation anent erecting a Kirk at Seatoun. 40. — Reference to the Commission to be appointed by this Assembly, for the publick affairs of this Kirlc, for providing the Universitie of Aberdeue with a Professour of Divinity. 41. — Reference to the said Commiss. for provid- ing a Professour of Divinitie to the Uuniversitie of S. Andrews. 42. — Committee appointed to conferre with the English Commissioners upon the Papers presented by them to the Assembly upon the 15 of August. 43. — Committee to conferre also with the Com- mittee of the Convention of Estates thereanent. 44. — Ordinance that Master Alexander Hender- son, Master David Calderwood, and Master David Dicljson, make some draught and forme of the publick Direotorie for Worship. 45.— Act for proceeding with Eoclesiastick cen- sures against the murderers of William Creightoun. 46. — Commission appointed to sit at Airforthepar- ticularsoonoerning the parochiners of Stainiekirk, &c. 47.— Triall of the Synod books. 48. — Approbation of the Act of the last Assembly, concerning the power granted to Sir Archibald Johnstoun, Procurator of the Kirk, and Clerk to the Assembly. 49. — Recommendation of the matter concerning a CoUegue to the Minister of Dnmfreis, to the Com- missioners of Parliament for plantation of Kirks. 50. — Recommendation to the Synod of Lowthian, to try the proceedings of the Presbyterie of Peebles, in admission of Master John Hay to the Kirk of Peebles. 51. — Reference of Master John Mackinzie to the Commission of the General! Assembly. 52. — Act for proceeding against the Presbyterie of Sky, for not keeping the Synod. 53, — Recommendation to the Lord Marquesse Argyle, to move the ruling Elders in Argyle, to be more observant of Presbyteries and Synods. 54. — Recommendation to the Lord Marquesse Argyle for planting Loquhaber. 55. — Ordinance for suppressing of sub-synods. 56. — Ordinance for deleting an Act of the Synod of Murray. 57. — Reference anent the order of triall of Syn- ods, Presbyteries, and Kirks, With a recommenda- tion for using the orders set down in the Assemblies 1638 and 1602, in the interim. 58. — Commission for planting the Kirks of Edin- burgh. 59.' — Remitt. to the Presbyterie of S. Andrews anent the Kirk of Largo. 60. — Recommendation of Master James Fairlie, to the Commission of this Assembly. 61. — Recommendation anent the Bill givenin by William Janson, Printer in Amsterdam. 62. — Reference anent Master Robert Fleiming to the Commission appointed to sit at Air. 63. — Report and approbation of the proceedings of the Commission of visitation of the Universitie of Glasgow. 64. — Commission of Visitation of that Uni- versitie. 65. — Report of the Committee anent the dis- tressed people in Ireland. 66.^ — Recommendation to the Commissioners of the Generall Assembly, to sit at Edinburgh anent Expectants to go to Ireland. 67. — Acts anent James Murray. 68.. — Recommendation of Master Robert Brown. 69. — Commissionto the Presbyterie of Edinburgh, for his admission to the Earle of Irwins Regiment. 70. — Report of the Committee anent the receiv- ing and dispensing of liis receipts of the annuitie of five hundred pound sterling, &c. And approbation thereof. 71. — Report of the Committee appointed to con- sider the References from the Commission of the late Assembly. 72.— Act for Master Andrew Murray, Minister at Ebdie, his exercise of his calling of the Minis- terie, and for rejecting honours, &c. Incompatible with that calling. 73. — ^Recommendation Master William Bennet, Minister at Aucrum, to abstain from civill courts and meetings, &c. 74. — Recommendation to the Commissioners of the Assembly for tryall if any Excommunicate Papists, be in the Scotish Regiments in France, &c. 75. — Recommendation of Masterlameslohnstoun. 76. — Reference of Tilli&uskie to the Presbyterie of Edinburgh. 77- — Recommendation anent Laird Gagies mor- tification. 78. — ^Recommendation of Master Alexander Trot- ter. 79. — Recommendation anent the dismembring some parts of the Faroch of Hadintoun, to be a severall Parocbine. 362 RECORDS OF THE [1643. ittwtellattcous l^istoficaX ?Boctttncnt». REIATIVE TO THE ECCLESIASTICAIi AND POLITICAL EVENTS IN SCOTLAND — 1643. The League and Covenant referred to in the Acts, as " to be printed at the return thereof," when received and approven of by the Parliament of England and Assembly of Divines, is not among the printed Acts of that or any subsequent year ; but as it was afterwards sanctioned by these bodies, and the States of Scotland, we think it advisible, for the sake of connection and distinctness, to insert it and the Act of Ratification in this place. August 17, 1643. A Solemne League and Comnantfor Befcrrmatum and Defence of Sdigion, the Honor mid Ha^ppinesse of the King, amd the Peace and Safety of the three Kingdomes of Scotland, England, and Ireland.* WEE Noblemen, Barons, Knights, Gentlemen, Citizens, Burgesses, Ministers of the Gospel, and Commons of all sorts, in the kingdomes of Scot- land, England, and Ireland, by the providence of GOD, living under one King, and being of one reformed religion, having before our eyes the glory of GOD, and the advancement of the kingdome of our Lord and Saviour Jesus Christ, the honour and happinesse of the Kings Majestie and bis pos- terity, and the true pubUck liberty, safety, and peace of the kingdomes, wherein every ones private condition is included: And calling to minde the treacherous and bloudy plots, conspiracies, attempts, and practices of the enemies of GOD, against the true religion and professours thereof in all places, especially in these three kingdomes, ever since the reformation of religion ; and how much their rage, power, and presumption are of late, and at this time, increased and exercised; whereof the deplorable state of the church and kingdome of Ireland, the distressed estate of the church and kingdome of Eng- land, and the dangerous estate of the church and kingdome of Scotland, are present and pubUck testi- monies ; we have now at last, (after other means of supplication, remonstrance, protestation, and suffer- ings,) for the preservation of our selves and our religion from utter ruin and destruction, according to the commendable practice of these kmgdomes in former times, and the example of GODS people in other nations, after mature deliberation, resolved and determined to enter into a mutuall and Solemne League and Covenant, wherein we all subscribe, and each one of us for himself, with our hands lifted up to the most High GOD, do swear, I. That we shall sincerely, really, and constantly, through the grace of GOD, endeavour, in our seve- rall places and callings, the preservation of the re- formed ^eligio^ in the Church of Scotland, in doc- trine, worship, discipline, and government, against our common enemies ; the reformation of religion in the kingdomes of England and Ireland, in doc- trine, worship, discipline, and government, accord- ing to the word of GOD, and the example of the best reformed Churches ; and shall endeavour to bring the Churches of GOD in the three kingdomes to the nearest conjunction and uniformity in reli- gion, confession of faith, form of church-govern- ment, directory for worship and catechizing ; that * Acts of Pari., vol. vi., pp. 107-9, we, and our posterity after us, may, as brethren, live in faith and love, and the Lord may delight to dwell in the midst of us. II. That we shall, in like manner, without respect of persons, endeavour the extirpation -of Popery, Prelacy, (that is, church-government by Arch- bishops, Bishops, their Chancellors, and Commis- saries, Deans, Deans and Chapters, Archdeacons, and all other ecclesiasticall Officers depending on that hierarchy,) superstition, heresie, schisme, pro- fanenesse, and whatsoever shall be found to be con- trary to sound doctrine and the power of godlinesse ; lest we partake in other mens sins, and thereby be in danger to receive of their plagues ; and that the Lord may bee one, and his name one, in the three kingdomes. III. We shall, with the same sincerity, reality, and constancie, in our severall vocations, endeavour, with our estates and lives, mutually to preserve the rights and privileges of the Parliaments, and the liberties of the kingdomes ; and to preserve and defend the Kings Majesties person and authority, in the preservation and defence of the true religion, and liberties of the kingdomes ; that the world may bear witnesse with our consciences of our loyalty, and that wee have no thoughts or intentions to diminish his Majesties just power and greatnesse. IV. We shall also, with all faithfulnesse, endea- vour the discovery of all such as have been or shall be incendiaries, malignants, or evil instruments, by hindering the reformation of rehgion, dividing the King from his people, or one of the kingdomes from another, or making any faction or parties amongst the people, contrary to this League and Covenant ; that they may be brought to publick triall, and re- ceive condigne punishment, as the degree of their offences sh^ require or deserve, or the supreame judicatories of both kingdomes respectively,orothers, having power from them for that effect, shall judge convenient. V. And whereas the happinesse of a blessed peace between these kingdomes, denyed in former times to our progenitors, is, by the good providence of GOD, granted unto us, and hath been lately concluded and settled by both Parliaments; we shall each one of us, according to our place and interest, endeavour that they may remaine conjoined in a firme peace and union to all posterity ; and that justice may be done upon the wilfuU opposers thereof, in manner ex- pressed in the precedent article. VI. Wee shall also, according to our places and callings, in this common cause of religion, liberty, and peace of the kingdomes, assist and defend all those that enter into this League and Covenant, in the maintaining and pursuing thereof; and shall not suffer ourselves, directly or indirectly, by what- soever combination, persuasion, or terronr, to be divided and withdrawen from this blessed union and conjunction, whether to make defection to the con- trary part, or to give ourselves to a detestable indif- ferency or nentrahty in this cause, which so much concerneth the glory of GOD, the good of the king- domes,andhonourof the King; butshall,allthedayes of our lives, zealously and constantly continue there- in against all opposition, and promote the same, according to our power, against all lets and impedi- ments whatsoever ; and, what we are not able our- selves to snpresse or overcome, we shall reveal and make known, that it may be timely prevented or removed : All which we shall do as in the sight of GOD. * _ And, because these kingdomis are guilty of many sins and provocations against GOD, and his Son Jesus Chkist, as is too manifest by our present 1643.] KIRK OF SCOTLAND. 363 distresses and dangers, the fruits thereof ; we pro- fesse and declare, before GOD and the world, our unfeigned desire to be humbled for our own sins, and for the sins of these kingdomes : especially, that we have not as we ought, valued the inestimable benefit of the gospel 5 that we have not laboured for the purity and power thereof ; and that we have not endeavoured to receive Christ in our hearts, nor to walk worthy of him in our lives, which are the causes of other sins and trangressions so much abounding amongst us : and our true and unfeigned purpose, desire, and endeavour for ourselves, and all others under our power and charge, both in pub- lick and in private, in all duties we owe to GOD and man, to amend our lives, and each one to go before another in the example of a reall reforma- tion ; that the Lord may turn away his wrath and heavy indignation, and establish these churches and kingdomes in truth and peace. And this Covenant we make iu the presence of ALMIGHTY GOD, the Searcher of all hearts, with a true intention to performe the same, as we shall answer at that great day, when the secrets of all hearts shall bee dis- closed ; most humbly beseeching the Lord to strengthen us by his Holy Spirit for this end, and to blesse our desires and proceedings with such suc- cesse, as may be deliverance and safety to his people, and encouragement to other Christian churches, groaning under, or in danger of, the yoke of auti- christian tyrannic, to joyn in the same or like asso- ciation and covenant, to the glory of GOD, the enlargement of the kingdome of Jesus Christ, and the peace and tranquillity of Christian kingdomes and commonwealths. July 15, 1644. Act anent ths BatiJuxUion of the eaUing of (lie Con- vention,, JRatification of the League and Covenant, Artides of Treaiie betwixt the Kingdomes of Scotland and England, and remanent Acts of the Convention of Estates, and Committee thereof* rjiHE Estates of Parliament, presently conveened 1 by vertue of the last Act of the last Parliament, holden by his Majestie, and the three Estates, in anno 1641, Considering, that the Lords of his Ma- jesties Privie Councel, and Commissioners for con- serving the articles of the treatie, having, according to their interests and trust committed to them by his Majestie and Estates of Parliament, used all raeanes, by supplications, remonstrances, and send- ing of Commissioners, for securing the peace of this kingdome, and removing the unhappy distractions betwixt his Majestie and his subjects in England, in such a way as might serve most for his Majesties honour, and good of both kingdomes; and their hum- ble and dutiful! endeavours for so good ends having proven ineffectual!, and their offer of mediation and intercession being refused by his Majestie j and thereby finding the weight and difiioultie of affaires, and the charge lying on them to be greater then they could beare ; did therefore, in the moneth of May 1643, meet together with the Commissioners for the common burdens, that, by joyut advice, some resolution might be tane therein ) and in respect of the danger imminent to the true Protestant reli- gion, his Majesties honour, and peace of thir king- domes, by the multitude of Papists and their adher- ents in armes in England and Ireland, and of many other publiok and important affaires, which could not admit delay, and did require the advice of the repre- sentative body of thekingdome; appointedand caused indict a meeting of the Convention of Estates (his * Acts of Pari., vol. vi., pp. 106-7. Majesty having formerly refused their humble de- sires for a Parliament) to be upon the 22d of June following ; which diet being frequently kept by the Noblemen, Commissioners of shires and burrowes, and they finding these dangers against this kirk and state still increasing, Resolved, after serious deli- beration and advice of the Generall Assembly, and joynt concurrence of the Commissioners authorized by the Parliament of England, that one of the chiefest remedies for preventing of these and the like dangers, for preservation of religion, and both kingdomes from ruine and destruction, and for pro- curing of peace. That both kingdoms should, for these ends, enter into Covenant; which was accord- ingly drawne up, and chearfuUy embraced and allowed. Whereat the opposite and malignant party, more enraging then before, did gather their strength and power against the same, so as the Estates were necessitate to put this kingdome into a posture of defence ; and for this purpose, appointed Colonels and Committees of Warre in the severall shires for exercising the forces therein, and putting them in readinesse for mutuall defence, in this cause of Beligion, his Majesties honour, and peace of his kingdomes, as they should be required by the Estates, or their Committee who were entrusted with the charge of the publicke effaires of the king- dome during the not sitting of the Estates. And at last a treatie was agreed unto by both kingdomes, concerning the said Covenant, and assistance craved from this kingdome by the kingdome of England, in pursuance of the ends expressed therein, and an- other Treatie for settling a Garrison in and securing of the Town of Berwick, as the same more fully proports, conforme whereunto orders were issued forth, and an Armie raised out of the shires and burrowes of this kingdome and sent unto England. And the Estates finding themselves bound in dutie and conscience to provide all means of supply of that Army, and relieving the Scots Army in Ireland, did resolve that the same should be by way of Excise, as the most constant, just, and equall way, least prejudicial! to the kingdome, and most beneficial! to the cause in liand, and ordained certaine rates and summes to be raised off the commodities con- tained in the Act made thereanent, and schedule there unto annexed ; and in respect of the necessitie of present money, and that the Excise could not be gotten timously in for supply of the army, did appoint that al! persons within this kingdome who had moneys, or by their credit could raise and advance the same, should lend such summes to the Estates or their Committee as they should be re- quired, upon assurance of repayment from the pub- lick in manner contained in the Acts made there- anent ; and gave orders to their Committee to see them put iu execution, who have accordingly beene carefull in discharge of that trust committed to them : — And the Estates being still desirous to use all good meanes, that, without the effusion of more blond, there may be such a blessed pacification betwixt his Majestie and his subjects, as may tend to the good of rehgion, his Majestie's true honour and safety, and happinesse of his people, did there- fore ^ve commission to John Earle of Loudoun, Lord Chancellor, Lord Maitland, Lord Waristoim, and Mr Robert Barclay, to repaire to England, and endeavour the effectuating of these ends contained in the covenant and treaties, conforme to their in- structions. And, in this interim, the Estates being informed of the traitorous attempts of some un- natural! countreymen, who, iu ane hostile manner, invaded tliis kingdome toward the south, and had their complices in armes in the north, all for ane 364 RECORDS OF THE [164.3. desigue, of subverting the religion, lawes, and liber- ties of the kingdome, were necessitate, for suppres- iug thereof, to direct an army to the south, under the command of the Earle of Calender, and a Com- mittee of the Estates to be assisting to them ; an- other armie to the north, under the command of the Marquesse of Argyle, and a Committee to goe along with him. And the said Estates having taken the proceed- ings above written to their consideration, do finde and declare. That the Lords of Councell, and con- servers of peace, did behave themselves as faithfull counsellours, loyaU subjects, and good patriots, in tendring their humble endeavours for removing the distractions betwixt his Majestie and his subjects, and in calling the Commissioners for the common burdens, and, by joynt advice, appointing the late meeting of Convention, wherein they have approven themselves answerable to the dutie of their places, and that trust committed to them ; and therefore ratifies and approves their whole proceedings there- in, and declares the said Convention was lawfully called, and als full and free in itselfe, consisting of all the members thereof, as any Convention hath beene at any time bygone ; and ratifies and approves the severall Acts made by them, or their committee, for enjoining the Covenant, appointing of Commit- tees, putting the kingdome in a posture of Defence, allowing the Treaties, raising of Armies, and sending them into England, establishing the Excise and borrowing of money, and all other Acts, Decreets, Sentences, Precepts, Warrants, Commissions, In- structions, Declarations, and other Deeds done by them. And also, the said Estates of Parliament ■ but prejudice of the premisses, and of the generall ratification above mentioned) ratifies, approves, and confirms the foresaid mutuall League and Covenant, concerning the reformation and defence of religion, the honour and happinesse of the King, and the peace and safety of the three kingdomes of Scotland, England, and Ireland; together with the acts of the Kirk and Estate author- izing the same League and Covenant; together also with the foresaid articles of treaty agreed upon betwixt the said Commissioners of the Convention of Estates of Scotland and the Commissioners of both the Houses of Parliament of England, concern- ing the saidSolerane League and Covenant, and the settling of the Towne and garrison of Berwick, vpith the foresaids Acts establisMng the Excise and bor- rowingof moneyes, respective above mentioned. And the said Estates ordaines the same Acts, with the League and Covenant above specified, acts author- izing the sarne, and the articles of treaty foresaid, to have the full force and strength of perfect lawes and acts of Parhament, and to be observed by all his Majesties lieges, conform to the tenors thereof respective. Of the which League and Covenant, Acts authorizing the same. Treaties above written, and Acts for estabhshing the Excise, and for bor- rowing of money, the tenors follow : [As above.] 2. Principal Baillie's Journal of the General Assem- bly 1643, in a Letter to the Bev. William Spamg, September 22, 1643.* Reverend anb Dear Cousin, It is marvelled, that your Prince is pleased so long to do nothing, but once in a year to take a look on the enemy's country, and return without any attempt. But that which touches our heart to the quick, is the lamentable case of England. The great * Baillie's Letters, vol. i., p. 373. weakening of Essex's army by sickness and run- aways, left brave Waller to be overmastered and routed by the Cavaliers, so amused Bristol, that, either through treachery or cowardice, that great and most considerable city was delivered. This was a terrible stroke to the parliament, that Essex, with the relicks of his army, remain in and about the city. The country for the most seems to be aban- doned. We know what may hinder the King to come near. It seems that Manchester and Waller, with their new army of citizens, will fight, if the Cavaliers come to assault or beleaguer the city. Their mistrusts and slowness have undone them, if God work not wonders. The few Lords that made their upper house have been their wrack, when Northumberland and Sey have given them cause of jealousy in whom they could confide. For the pre- sent the parliament-side is running down the brae. They would never, in earnest, call for help till they were irrecoverable ; now, when all is desperate, they cry aloud for help : and how willing we are to redeem them with our lives, you shall hear. August 1st. Being advertised by my Lord Wa- riston to be in town some time before the synod, for advisements, Mr David Dick and I came in on Tuesday August 1st ; where some few of ns meet- ing in Wariston's chamber, advised whom to have on committees for bills, reports, and other things. Our greatestconsultationwas forthe moderator. We foresaw great business was in hand : strangers were to be present : minds of my brethren were exasper- ated. Mr Henderson was the only man meet for the time : yet it was small credit to us, who so oft were necessitated to employ one man : besides, the moderation would divert him from penning such writs as seemed he behoved to pen before the assem- bly rose. We were inclined, therefore, that Mr E. Blair shouldmoderate; but by God's goodprovidence, both to him and to us, he being visited with a flux and gravel, was not able for some days to come from St Andrew's : therefore necessity drove us to re- solve on Mr Alexander ; so much the more, as we found that very day his Majesty's commission was unexpectedly thrust on the Advocate. It seems the commission from Oxford hath come to the Secretary, Lanerk, blank, to be filled with whose name he and someothers thoughtexpedient. Sometimes Lindsay, sometimes Glencairn, were spoken of; but both finding the impossibility to execute the instructions to the King and country's good liking, refused the charge ; and put in, beside his knowledge, and contrary to his miud, the Advocate's name : of whom they had small care. Whether he lost himself or not The instructions were thought to be very hard ; yet the Advocate did not execute, nor name any of them to count of ; for he was so wise, and so well dealt with by his two sons, that he resolved to say no- thing to the church or country's prejudice. On Wednesday, August 2d, was a. solemn fast for the members of the assembly. Mr Douglas preached before noon, and Mr Henderson after, both very satisfactorily. That same day we had our first session, in a little room off the east church, which is very handsomely dressed for our assemblies in all time coming when we shall have them there, The commissions were given in : some small burghs had none : far-ofif presbyteries Tiad but one. His Majesty's commission was read in the the ordinary tenor. Our clerk made the ordinary exception against the clause of the assembly's translation with the Commissioner's advice. His Grace offered to get that clause so qualified as hereafter the commis- sion might pass without exception. This at divers times he ofifered ; but want of leisures, or somethbg 16-1.3.] KIRK OF SCOTLAND. 365 else, hindered the performance. As the custom is, the moderator gave the leet of one whom he intend- ed, and other three, Mr William Jamison, Mr Eo- bert Murray, and me, whom he knew would not come in balance with Mr Henderson. When we were removed, much din was made for addition to the leet ; for divers who knew not the secret, and considered not the necessity of the times, intended to have had Mr James Bonner, or Mr David Lind- say, moderator ; neither whereof had been meet. To prevent their design, the leet was framed as you hear ; and when they pressed addition, it was voiced, and carried, that notwithstanding of the assembly's liberty to add, yet at that time it was not expedient to make any addition, so unanimously Mr Hender- son was declared moderator. The King's letter to the assembly was read. The matterwas very fair ; re- membering usof ourobligationsto him, in conscience, and for the great benefits we had received ; and ex- horting us to the study of peace ; but the inscrip- tion was most strange and base, " To our trusty and well-beloved Sir Thomas Hope of Craighall, and the rest conveened with him in the general as- sembly," or such words. Notwithstanding, his Grace shewed us, that he had warrant to declare, in his Majesty's name, that beside all the benefits already granted, he was willing to do all further what the assembly conceived necessary for the be- nefit of religion. Argyle desired that this might be be put in writ : but presently his Grace began to eat it in ; yet promised to give in to-morrow, under his hand : but when it came, it was clogged with prejudicial limitations, that we requested it might be taken back, and no more memory to be of any such offer. There were a great number of noble- men members of the assembly, the Chancellor for Irvine ; yet being debated in council, that the Chan- cellor behoved to carry the purse with the commis- sion, where-ever he appeared with the Great Com- missioner, he thought it not expedient to accept the commission; wherefore Eglinton was put in the commission of Irvine, by the commissioners of the presbytery there present. None of the noblemen attended the Commissioner : at once the great com- mission will become vile. They sat at our table constantly before noon ; for afternoon they behoved to keep with the states, Argyle, Sutherland, Maris- chal, Eglinton, Cassils, Lauderdale, Dumfermling, Dalhousie, Bucdeugh, Queensberry, Didup, Angus, Balmerino, Maitland, Coupar, Lindsay, Balcarras, Sinclair, Elcho, and others. Thursday, August 3d, a commission was received from the presbytery of the Irish army. A commit- tee was appointed to cognosce and report, anent the manifold and most weighty proceedings of the com- missioners from, the last assembly; another for bills ; a third for reports and appeals ; a fourth for examin- ation of the provincial synod books : all which were produced and esteemed one of the chiefest and most proper tasks of the general assembly. All the active spirits, and most considerable men, were dis- tribute among these committees. 1 had still the favour to be in the privy committee of the modera- tor's assessors, with Mr Robert Douglas, Mr D. Dickson, Mr S. Rutherford, Mr Gillespie, who albeit not a commissioner, yet I found always much re- spected by Mr Henderson ; but Mr A. Ramsay, and the rest, Mr J. Adamson, Mr W. ColvU, Mr J. Sharp, miskent : for myself, I did keep in this as- sembly, and the former, silence, so far as I might, both in private and publick ; for the longer I live, bold and pert loquacity I like it the worse. The visi- tation of the university of St Andrew's was reported ; but the work not being perfected it was continued. Much time spent in disputation, if the parliament's commission should not be enervated by any addi- tion to their commissioners. Always Argyle under- took, the convention of estates and parliament would well allow of any the assembly should add, to get a ready quorum : of purpose time was spent ; for we did greatly long for the English commissioners, of whose coming we were well near out of hope, many thinking their stay to be from the Lords de- nying them a commission, and some from their policy, to make us do, of our own selves, without their desire, what they would be at. All bills were ordained to be given in against Wednesday next. A regret from the north, that there was no execu- tion of laws against excommunicate Papists, was re- ferred to the convention of estates. There were four appointed to nominate preachers during the assem- bly. It was their good luck to employ few of the best, the most able not being the most ready. Fridaythe4th, much wasspoken for the apprehen- sion of excommunicate Papists. The act of parlia- ment provides it to be on the King's charges. A com- mittee was appointed to try the disobedience of Auch- terarder presbytery: upon Mr John Hume's refusal to be one, as being party, because one of the commis- sion who was wronged, it was debated and resolved, that since the commission might have themselves censured all the disobedients, none of them might be counted parties. We had an idle and needless question that day resolved. In the time of my ab- sence, Mr D. Dickson and I were chosen commis- sioners from the presbytery of Glasgow to the gene- ral assembly ; so it was like to fall on the principal for the university. Divers bygone years he had avowed, and half protested, that the presbytery should not have power to cliuse any member of the university. By this means he was assured never to go commissioner but from the university, and so never on his own charges. This we envied not ; but we saw the consequent was, that Mr D, Dickson and I, while we lived, should never more be members of the general assembly but by his good pleasure ; which we took for an intolerable incroaching on our ministerial liberties. Of this design we were so much the more confirmed, as, in the next college meeting, he caused elect me commissioner for the university, miskenning the prior election of the pres- bytery as null. While I peremptorily refused the university's commission, and did in private deal h& might be pleased either to take it himself, or permit it to fall on our vice-chancellor Mr Zachary, both he refused, and resolved upon a course which was the greatest despite he was able to do us in a mat- ter of that kind. Mr David being long grieved, that, by the backwardness of the principal, and others, he could not get his office of dean of faculty execute as he desired, did peremptorily, once or twice, lay down that charge : yet all requested him to keep it, and would'chusB no other. Mr R. Ram- say and I, foreseeing the appearance of Mr Edward's putting in that place, if h^ continued in his wilful- ness, had moved him to be content to continue for one year. This much in effect we made him signify in the university meeting. For all this, such was the principal's pleasure, that he will have a new dean of faculty chos6n ; and, passing by Mr R. R. gets Mr Edward Wright elected, first dean of faculty, then commissioner. This I took for a dispiteful affront ; and so avowed, that by a new visitation we would essay to have our university otherwise ruled ; for we thought strange, that the principal, at thir times, should essay to have places filled with men who notoriously were not only at his own devotion, such as vice-chancellor and dean of faculty, but also 366 RECORDS OF THE [1643. otherwise minded in the publick affairs than we did wish ; such as the Marc[uis of Hamilton, Chancel- lor ; the Commissar, Bector ; and his three assess- ors, Mr John Hay, Mr W. Wilkie, Mr G. For- syth, three regents ; Mr D. Monro, Mr D. For- syth, Mr W. Semple, master of the grammar ; all of his own creation, tb be employed for any thing he pleased. We did storm at thi, and I most. Easily we might help all these : but I dare not essay it ; for it would be sundry of their undoing, from which my mind in cold blood does abhor on any, but espe- cially on these men, my dear friends, and otherwise some of them well deserving of their places. So, as before I did truly, by myself and others, at the assembly at Glasgow, see to Dr Strang's safety, when his place was in great hazard by his great provocations, the subscribing the petition against ruling elders, ending in a real protestation ; the subscribing of the covenant with very dangerous limitations ; the deserting of the assembly itself, after some days sitting as commissioner ; All these three being imputed to him as the only author, did create much wrath in our nobles against him, which yet is not forgot. My fears that the least complaint against him would bring on him a censure which I would not be able to moderate, forced me to be quiet ; only I made the moderator propone in gene- ral, whether university-men might be chosen com- missioners by presbyteries ? This being affirmed by all, put his needless quarrel out of question. Also I got the commission for visitation renewed with such men as I thought fittest. This I intend for a wand to threat, but to strike no man, if they will be pleased to live in any peaceable quietness, as it fears me, their disaffection to the country's cause will not permit some of them to do. Saturday, the 5th, your business came in. I con- fess we needed not, neither Mr G. Gillespie nor I, solicit any in it : the moderator was of himself so careful of it, both for his regard to you, and the matter itself ; as also to take that occasion by the top to banish altogether church-burial from among us, as well of noble as ignoble persons. This day your letter and informations were read, but delayed to be considered for divers days thereafter ; always at last unanimously you had all you desired clearly determined. Upon the regret of the extraordinary multiplying of witches, above thirty being burnt in Fife in a few months, a committee was appointed to think on that sin, the way to search and cure it. The Scots of Ireland did petition for supply of ministers, and were well heard. Sir John Scot's bill, for pressing presbyteries to describe their own bounds, was not so much regarded. Sunday, the 6th, Mr David Dick preached well, as always, in the New Church before noon, but little of the present affairs ; for as yet men knew not what to say, the English commissioners not being yet come. But on Monday, the 7th, after we were ashamed with waiting, at last they landed at Leith. The Lords went, and conveyed them up in coach. We were exhorted to be more grave than ordinary ; and so indeed all was carried to the end with much more awe and gravity than usual. Mr Henderson did moderate with some little austere severity, as it was necessary, and became his person well. That day, one Abercrombie being delate of clear murder, was ordained to be excommunicate summarily. He had been in process for adultery. The Presbytery of Garioch, for fear of the man, had been too slack in it ; so the man killed, in a Sunken plea, his wife's SOD, who had married his own daughter. The synod of Aberdeen was directed to censure the presbytery of Garioch for their unhappy slackness, and the moderator of the presbytery was ordained, imme- diately on his departure from the assembly, to go to the murderer's parish-church, and without any cita- tion, or any delay, the fact being notour, and the person fugitate, to excommunicate him, and to cause intunate the censure the Sabbath following in all the churches of the presbytery, not to be relaxed till he gave satisfaction also for the slander of adultery. Tuesday 8th, Wednesday 9th, and Thursday 1 0th, the moderator shewed, that two of the English ministers had been at him, requiring to know the most convenient way of their commissioners address to the synod. It was thought meet to send some of our number, ministers and elders, to salute and wel- come them. Mr R. Douglas, Mr G. Gillespie, my Lord Maitland, and I, were named ; therefore we resolved, their own order of address whereby they admitted our commissioners to their parliament, should be iittest ; that their access to the assembly, as private spectators, should be when they would ; for which end a place, commodious, above in a gal- lery, was appointed for them ; but as commissioners, their access should not be immediately to the assem- bly, but to some deputed to wait on them, who should report from them to the assembly, and from it to them, what was needful. So to us four were joined other four, with the moderator, Mr D. Dick- son, Mr S. Rutherford, my Lord Angus, and Wa- riston, a committee of nine. The convention of estates used the same way of communication with them, naming for a committee, Lindsay, Batmerino, Wariston, Humble, Sir John Smith, Mr Robert Barclay. When we met, four gentlemen appeared, Sir William Armin, Sir Henry Vane younger, one of the gravest and ablest of that nation, Mr Hat- cher, and Mr Darley, with two ministers, Mr Mar- shall and Mr Nye. They presented to us a paper introduction, drawn by Mr Marshall, a notable man, and Sir Harry, the drawers of all their writs ; also their conmiission from both Houses of Parliament, giving very ample power to the Earl of Rutland, Lord Gray, and these four, to treat with us, and to the two ministers, to assist in all ecclesiastick affairs, according to their instructions given or to be given, or to any four of them ; also they presented a declar- ation of both houses to our general assembly, shew- ing their care of reforming religion, their desire of some from our assembly to join with their divines for that end, and withal our assembly's dealing, according to their place, for help from our state to them ; likewise a letter from their assembly to them, subscribed by their prolocutor Dr Twisse, and his two assessors, MrWhyteand Dr Burgess, shewing their permission from the parliament to write to us, and their invitation of some of us to come for their assistance ; further, a letter, subscribed by above seventy of their divines, supplicating, in a most deplorable style, help from us in their present most desperate condition, AU these pieces, I think, you shall have in print. Few words did pass among us. All these were presented by us to the assembly, and read openly. The letter of the private divines was so lamentable, that it drew tears from many. It was appointed, that the forenamed committee should make ready the answers for all, to be presented to the assembly with all convenient speed. Above all, diligence was urged; for the report was going already of the loss of Bristol, from which they feared his Majesty might march for London, and carry it. For all this, we were not willing to precipitate a business of such consequence. Onr sUite had sent up Mr Meldrum ; we expected him daily, with cer- 1643.] KIRK OF SCOTLAND. 367 tain information, as indeed he came within a few days J and then we made all the haste we might. There was in the moderator's chamber a meeting sundry times of the prime nobles, and some others, where I oftentimes was present. 1 found, however, all thought it necessar to assist the English ; yet of the way there was much difference of opinions. One night all were bent to go as ridders, and friends to both, without siding altogether with the parlia- ment. This was made so plausible, that my mind was with the rest for it ; but Waristou has alone shewed the vanity of that motion, and the impossi- bility of it. In our committees also we had hard enough debates. The English were for a civil league, we for a religious covenant. When they were brought to us in this, and Mr Henderson had given them a draught of a covenant, we were not like to agree on the frame ; they were, more than we could assent to, for keeping of a door open in England to Independency. Against this we were peremptor. At last some two or three in private accorded to that draught, which all our three committees, from our states, from our assembly, and the parliament of England, did unanimously assent to. From that meeting it came immediately to our assembly ; in the which, at the first reading, being well prefaced with Mr Henderson's most grave oration, it was received with the greatest applause that ever I saw any thing, with so hearty affections, expressed in the tears of pity and joy by very many grave, wise, and old men. It was read distinctly the second time by the moderator. The minds of the most part was speired, both of ministers and elders ; where, in a long hour's space, every man, as he was by the moderator named, did express his sense as he was able. After all considerable men were heard, the catalogue was read, and all unanimously did assent. In the afternoon, with the same cordial unanimity, it did pass the convention of estates. This seems to be a new period and crisis of the most great affair which these hundred years has exercised thir domin- ions. What shall follow from this new principle, you shall hear as time shall discover. The committee for revising the acts of the com- missioners of the last assembly, took up the most of Tuesday^ Wednesday, and Thursday, with their report. All was approven ; Maitland for his happy diligence thanked ; so likewise Argyle, and Birken- bog, for their apprehending of two priests. Every presbytery, university, and parish, were ordained to get a covenant, to be subscribed by all their mem- bers. We were fashed with two questions. My Lord Balvaird had deserted his ministry, and came to the convention of estates to voice as a Lord. A minister in the south had purchased a lairdship, and, as a laird, had come to the meeting of the shire, and voiced for chusing a commissioner to the convention. Both of them were furtherers of the Balvaird way. After much reasoning, we determined, that both did wrong; that Lord Balvaird should keep his ministry, and give over voicing in parliament, under pain of deposition, and further censure ; that the other should no more sit nor voice in any court. A thorny business came in, which the moderator, by great wisdom, got cannily convoyed. The brethren of Stirling and Perth had made great outcries, that the commission had authorised the clerk, in printing the assembly-acts, to omit two acts of Aberdeen, one anent the Sabbath, another about novations. In both these satisfaction was given : That our bounding the Sabbath from midnight to midnight might offend some neighbouring kirks ! As for the other act, about novations, it was expressed also clearly in the printed acts of the posterior ajasembly, to he made use of by all who had occasion. These things were so well delivered, that all were quieted. Mr Harry Guthrie made no din. His letter was a wand above his head to discipline him, if he sliould mute. The presbytery of Auchterarder was under the rod, to be made an example to all who would be turbulent. After long examination of their business, at last they were laureat. Some two or three of that presbytery, when many of the gentry who were not elders, were permitted to sit among them, and reason against the warning and declaration; and when Ardoch presented reasons in writ against these pieces ; yet they who were proven to have been forward for the present reading of these pieces, were commended. Others who, notwithstanding of the presbytery's conclusion, of not reading, yet did read, were, for voicing the continuation, gently re- buked. Others who at last caused read parts of them, and Mr James Bow, who caused read them before himself came in, were sharply rebuked, and their names delate from among the members of this assembly. Mr John Graham, who now the second time had spoken scandalous speeches of the com- mission, was made to confess his fault in face of the assembly on his knees, and suspended till the next provincial. Ardoch, an old reverend gentlemen, for his former zeal, was spared ; only was urged upon oath to reveal the persons from whom he had the reasons contrare to the warning. Mr Harry Guthrie of Angus, a suspected person, for not by name ex- pressing of the malignants in a sermon at the pro- vincial, was made on his knees to crave pardon, and promise amendment. Mr Andrew Logic, who lately had been reposed to his ministry, being cited to answer many slanderous speeches in pulpit, not com- pearing, but by an idle letter to the moderator, was deposed, without return to that church for ever. Dr Forbes, whose sentence of deposition at Aber- deen I had got to be suspended till the presbytery of Edinburgh had essayed to gain him to our cove- nant ; they, when they found no hope, pronounced the sentence. This he thought unjust, and moved in the provincial of Aberdeen, that they would try in this assembly if he might be permitted to bruik his place, though he could not subscribe our cove- nant. It was determined bis deposition was valid from the beginning, and that he, and all other, should either subscribe, or be farther processed. It was complained, that Huntly received sundry excom- municated Papists in his service ; that he had no wor- ship in his family ; that these seventeen years he had not communicate, but once with the excommunicate Bishop of Aberdeen. Of these he was ordained to be admonished by his presbytery. Hereof he was quickly advertised ; so that, ere we arose, he sent to us, under the hand of some neighbour-ministers, a testification of his good carriage. But the former information being verified, the attesting ministers were ordained to be rebuked. Sir John Seatou of Barns, after a fair excuse of his Irish oath, was ordained to be conferred with for subscribing our covenant within a certain time ; and upon his dis- obedience, to be processed, and have his daughter removed. Mr Robert Dogliesh was elected church- treasurer, for the debursing of the £500 Sterling as the commissioners of the church should appoint. The commissioners who went to Ireland were thanked ; Mr Jo. Maclelland, for not going, called to answer : his health excused him. The same rea- son excused the visitors of Orkney for their omission. Others were appointed to go this year to both places. Friday was the first day of the English appearing in our assembly. Your affair spent the most of that day. For the general, sundry noblemen, egpe- 368 RECORDS OF THE [1643. cially Eglinton, were not content to be excluded from the burial of their fathers in the church ; yet their respect to the presence of strangers, and Argyle's shewing his burying of his father in the church-yard, and offering himself to be laid any where when he was dead, rather than to trouble the church when he was living, made them in silence let the act go against them. Much din was for the erecting a new presbytery at Biggar. The conre- niency, to ease some twelve or thirteen churches at Lanerk and Peebles, with the leaving of moe than thirteen to every one of the old presbytery-seats, did carry it ; but because of my Lord Fleming's small affection to the common cause, the execution of this decree was appointed to be suspended during the assembly's pleasure. Sunday I was obliged to preach before noon in the New Church. I had prevailed with the com- mittee to put me in another place, for I much mis- liked to be heard there ; but the moderator with his own hand did place me there, so there was no remeid ; for who spoke against conclusions, got usually so sickerly on the fingers, that they had bet- ter been silent. God helped me graciously on Psalm 51. " Do good in thy good pleasure to Zion, build up the walls of Jerusalem." Many were better pleased than I wished ; for I am like to be troubled with the town of Edinburgh's too good liking, as ye win hear. 14th. Execution of the acts against excommuni- cate Papists, and others, with whose estate no man would or durst meddle, was recommended to the estates. Ministers deposed by general assemblies not to be restored by provincial synods or presby- teries. Roger Lindsay, cited for blasphemy, and other faults, not compearing, ordained to be sum- marily excommunicate, and the states to be dealt with for further punishment against him. Mr Fairlie's, late Bishop of Argyle, long plea decided. His scholar, my Lord Register, had presented him to Largo at the commissioners of the general as- sembly's desii'e. The people would not hear of him. The presbytery of St Andrew's joined with the people. They were not cited ; so the assem- bly could not judge, but behoved to commit it to the presbytery. The man hath long been in ex- treme misery. He was sure his remitting to the presbytery was the loss of the cause, and his as- sured loss of all churches in the land, for no ap- pearance that any people would ever accept of him., Many tears shed he before us. Vehement was Durie for him ; but there was no remeid ; parishes and presbyteries might not be wronged. In all the assembly great care was had, not only that nothing should come per saltwm, but all particulars decidable in presbyteries and provincials, should be remitted, with a reproof of them, for sending to the assembly these things which they themselves could more easily, and often better determine. We are like to be troubled with the question of patron- ages. William Rigg had procured a sharp peti- tion to us from the whole commissioners of shires and burghs against the intrusion of ministers on parishes against their minds. Divers noblemen, patrons, took this ill. We knew not how to guide it ; at last, because of the time, as all other things of great difficulty, we got it suppressed. Only when something about presentations came in pub- lick, good Argyle desired us, in all our presbyteries, to advise on the best way of admitting of intrants, which the next general assembly might cognosce on and conclude. He promised many, and trusted all, patrons should acquiesce to^ the order. ; This pleased all. 15th. In our privy meetings we had many de- bates anent the troublesome £vil of novations. All the noblemen, especially Lauderdale, were much displeased with the favom-ers of them ; yet they were countenanced more by some than was pleas- ing to all. Mr John Livingstone and Mr John Maclelland were put on the chief committees, and other employments. Prom the presbyteries of the synod of Glasgow, none of them were sent com- missioners, by the providence of some there ; yet most of them came to the town. Being called to the moderator's chaniber, Mr J. Maclelland, and Mr John Novo, most did propone their reasons for their judgment. Mr S. Rutherford, and Mr D. Dick did answer. All heard with disdain. Mr J. Nevo's reasons were against the Lord's prayer. After an hour's jangling, V/e left it nothing better. I found many inclined, especially Mr S. R. though he professed it duty to answer satisfactorily all their arguments, for peace sake to pass from the use of the conclusion, and bowing in the pulpit, especially if we agree with England : however, we agreed to draw up some act, for satisfying in some measure all. Mr H. Guthrie, and the brethren in the north, were so overawed, that they were very quiet ; and being sent for, professed their content- ment, for the necessity of the time, to be content of any thing : but Mr G. Young, Mr John Bell, and others of the west, were not so soon satisfied ; but threatened, on all hazards, to make much din, if something were not really done for marring the progress of that ill. Mr Henderson conununicated to me the act he had drawn. I told him my mis- like of some parts of it, as putting in too great an equality the novators and their opposifes ; also my opinion that the directory might serve for many good ends, but no ways for suppressing, but much increasing, the iU of novations. However, I assured I would make iio din, but submit to him, who was much wiser than I. These my thoughts I would not communicate to others ; so the brethren oppos- ing most the novations being sent for, when they heard the act, were well pleased with it, whereof I was glad. This act did pass unanimously with al). Mr Henderson, Mr Calderwood, and Mr Dickson, were voiced to draw with diligence that directory, wherein I wish them much better success than I expect ; yet in this I am comforted, that in none of our brethren who are taken with these conceits, appear as yet the least inclination to Independency ; and in these their different practices they become less violent, and more modest. Mr Ja. Bonner had not got such satisfaction as need were. For his full contentment, he got a committee to sit at Ayr for the further trial and censure of all who had in terest in that riot. f Wednesday, 16th, a report was made by the clerk of the committee for visiting the books of the provincial synods. It was found, that the bobks of Argyle and Orkney were most accurate and formal. Sundry questions were resolved. The order of visitation of churches, presbyteries, and provincial synods, drawn up by Mr Calderwood, were read. They were tediously long, but many of them very useful ; so they were referred, to be revised against the next assembly, to these brethren who were ap- pointed for the directory. Thursday, the 17th, was our joyful day of passing the English covenant. The King's Commissioner made some opposition ; and when It was so past, as I wrote before, gave in a writ, wherein he, as the King's Commissioner, (having prefaced his personal hearty consent,) did assent to it, so far as concerned the religion and liberties of our church ; but so far 1643.] KIRK OF SCOTLAND. 369 as it concerned the parliament of England, with whom his Majesty, for the present, was at odds, he did not assent to it. The moderator and Aigyle did so always overawe his Grace, that he made us not great trouble. Friday, the 18th, a committee of eight were ap- pointed for London, whereof any three were a quo- rum. Mr Henderson, Mr Douglas, Rutherford, Gillespie, I, Maitland, Cassils, Wariston. The magistrates of Edinburgh obtained a warrant to the commissioners of the general assembly, to plant their churches with three, dispensing with the overture of the last assembly anent the order of transporta- tion, that they should not need to appear before presbyteries and synods, but at this time the commission should have power quickly to plant them. This dispensation with the act only of order, they intend to make a catholick dispensation with all acts of all assemblies, as if a free patent were given to take any they will in all the land. So they have elected Mr Ja. Hamilton in Dumfries, of whom they have got two Nolumus already from the general assembly ; Mr Jo. Oswald of Aberdeen, who with so great difficulty was gotten north, and me. By my pithy and affectionate letters to Argyle, Wards- ton, and their bailies, I have got a supersedere from their present summons, and hopes to be made free of their cumber ; else I will appeal to the assembly, for in truth my greatest end in coming to Glasgow was to flee their hands. 19th. Our last session was on Saturday. A number of particulars that day passed. Mr Ja. Houston, a pious and very zealous young man, minister at Glasford, in the time of his trials, and after his admission, had fallen in fornication, for which he was deposed by the presbytery of Hamil- ton ; but being called to serve one of the Irish regi- ments, was permitted to preach by the presbytery of Paisly. Whereupon his old parishioners very instantly did suit his return to them ; while the presbytery of Hamilton refuses, the parish suppli- cates the synod ; where many being his friends, especially Mr R. Ramsay, and Mr D. D., he is ordained to be reposed in his old place. The pres- bytery appealed. The general assembly found it berte a^peUatwm, and reproved the synod. The great affront fell on Mr David ; for in the synod I had voiced with the presbytery. However, I did ray best to keep it from further hearing ; but could not prevail. This day our answers to the King's letter, to the parliament of England's declaration, by Mr Henderson; to the assembly of divines, by Mr Blair; to the private letter of corresponding divines, by Mr David Dickson, were publickly read, and approven, albeit in our privy meeting revised. An ample commission was drawn to a number of the ablest in the whole land, whereof twelve ministers and three elders made a quorum. The parliament meeting in Edinburgh the first Tuesday of June, the next assembly was appointed to hold in that same place the last Wednesday of May. The mo- derator ended with a gracious speech, and sweet prayer. In no assembly was the grace of God more evident from the beginning to the end than here ; all departed fully satisfied. 20th. On the Sabbath, before noon, in the New Church, we heard Mr Marshall preach with great contentment. But in the afternoon, in the Gray- friars, Mr Nye did not please. His voice was clamorous : he touched neither in prayer nor preaching the common business. He read much out of his paper book. All his sermon was on the common head of a spiritual life, wherein he ran out above all our understandings, upon a know- ledge of God as God, without the scriptures, with- out grace, without Christ. They say he amended it somewhat the next Sabbath. 2Ist. On Monday the commission did sit on sundry particulars. But on Tuesday the only errand it had was to appoint me to go presently to London. Of this I understood nothing at all ; for oirr quorum being three, Mr Alexander and my Lord Maitland were undoubtedly two, and the diet of going being on Saturday following, no man could dream they would be so unreasonable as to com- mand me, without visiting my family, and putting my small affairs to some order, so suddenly to go so far a voyage, having Mr G. Gillespie, who from his own door might put his foot in the ship when he pleased : notwithstanding, in a meeting of the nobles and others, on the Monday, from which I had foolishly absented myself, it was concluded I should go, and that a commission should sit to-mor- row for that end. Of this I got a little inkling on Tuesday morning ; but not believiug it, I was not so earnest, as otherwise I might have been, in soli- citing, till near nine o'clock, when I found the con- clusion was real : so I did what I could with so many of the commission I got betwixt and ten, to deprecate my so sudden departure ; but being des- perate of my prevailing, my best friends shewing me the necessity, I committed the matter to God, with a humble submission. Never, to my sense, did I find so clear a providence about me. I offered, in a ten days, to follow in the next ship ; but this would have broken the quorum, and made the other two's journey unprofitable till I came. When it came to voicing, Mr Henderson and Mait- land being unanimously chosen, the voices ran just equal, some twenty for me, and as many for Mr George. I then desired a delay till the afternoon, when the commission might be more full. This was refused : so it was voiced over again, and again we were equal. Then it was referred to the mode- rator's choice ; who, on his knowledge of my vehe- ment desire and state of my family, named Mr George, for which I blessed God In my heart ; but he had not well spokeu till Liberton came in, who, if he had come before the word, would have cast the balance for me. But being freed of that great trouble, incontinent I was like to "fall in another. Edinburgh put in, that in time of our coUege- vaoance, I should be nominated to stay and supply them. Argyle, who was chief for my going to Lou- don, having burnt me before, would then blow me. He reasoned stoutly for my going to Glasgow; yet it was determined that in the time of the vacance, Mr S. Rutherford, Mr D. Dickson, and I, by turns, should be there ; but finding it their aim to entangle me, I have not been there, nor minds to know them. After my departure, with joy for my liberation unexpected from a troublesome if not a dangerous voyage ; for besides the sea, it was feared the King should get London before they could be there; things, praised be God, went better. The conven- tion of estates emitted a proclamation, containing the heads of the covenant, and commanding all within sixty and sixteen, to be in readiness in full arms, with forty days provision, to march to the rendezvous that the convention or their committees should appoint. This was the first alarm. The English commissioners made promise to secure our coast with their shipping, and providing for our levy, and three months pay, L. 100,000 Sterling, also L.6000 to the Irish army. The year, through their default, was far spent, and little possibility there was for us to arm so late. The corns behoved VOi. I. 24 370 RECORDS OF THE £1643. to be first cut : and in this God has heen very gra- cious : never a better crop, nor more early with UB. The beginning of October is like to end our harvest. Also we could not stir till England did accept and enter in the covenant, and send down money. For the hastening of these, the great ship, with our three commissioners, Mr Meldrum, and two of the English, Mr Hatcher and Nye, made sail on Wed- nesday, the 30th day, the wind made no sooner ; but some eight days before, the English had dis- patched a ketch, with a double of our covenant, which, when it came, was so well liked at Loudon, that Friday the 1st of September, being sent to the assembly of divines, it was there allowed by all, only D. Burgess did doubt for one night. On Saturday it passed the House of Commons, on Monday the House of Peers. It seems to have be«n much facilitate by the flight of these Lords, who all this time were opposing to their power their junction with us, and all what might further their cause. After the taking of Bristol, they grew more bold ; and however they could not get the sending of commissioners to ug hindered, yet when they were gone, they put on foot a new treaty of peace with the King. This proposition past the House of Peers and Commons both ; but the leading men made such a noise in the city, that the Mayor, on the Monday, with the best of the city-council, offered a very sharp petition to the contrare, which made, albeit with great difficulty, that conclusion be renversed till they heard some answer from us. To remeid this, the mahgnants stirred a multitude of women of the meaner and more infamous rank, to come to thedoorof both houses, andcrytumultuously for peace on any terms. This tiunult could not be suppressed but by violence, and killing some three or four women, and hurting more of them, and imprison- ing many. Hereupon the underdealing of some being palpable, before it brake out fully they stole away ; Holland, Bedford, Clare, Conway, Portland, Love- lace, and as they say, Salisbury and Northumber- land. Some deny these two. Good had it been for the Parliament these had been gone long before. However, they were very well away at this time ; for their absence was a great further to the passing of our covenant in a legal way. There was, for a time, horrible fears and confusions in the city ; the King every where being victorious. In the Par- liament and city a strong and insolent party for him. Essex much suspected, at least of non-fiance and misfortune ; his army, through sickness and runaways, brought to 4000 or 5000 men, and these much malecontented that their general and they should be misprised, and Waller immediately prized. He had lost his whole army, and occasioned the loss of Bristol. Surely it was a great act of faith in God, huge courage, and unheard of compassion, that moved our nation to hazard their own peace, and venture their lives and all, for to save a people so irrecoverably ruined both in their own and the world's eyes. Yet we trust the Lord of heaven will give success to our honest intentions : as yet all goes right. The city hath taken good order with itself. Beside the prisons on land, the most tumultuous they have sent out in two ships, to lie for a while at Gravesend. The King, thinking, at the iiist sum- mons, to get Gloucester, and being refused, in a divine providraice, was engaged to lie down before it ; where the unexpected courage, conduct and success of the besieged, has much weakened the King's army, and hath so encouraged the Parlia- ment, that Essex, well refreshed and recruited, is marched with 12,000 foot and 2000 or 4000 horse towards Gloucester. It seems unavoidable, but they must fight ere he return. From our commis- sioners yet we have heard nothing. We expect this 22d for Meldrum from them. Upon the certainty of that covenant's subscription by any considerable party there, and the provision of some money, we mind to turn us to God, by fasting and prayer, and to levy 22,000 foot and 4000 horse. General Lesly is chosen, and accepted his old diarge. It is true he past many promises to the King, that he would no more fight in his contrare ; but, as he declares, it was with the express and necessary condition, that religion and the country's right were not in hazard ; as all indifierent men think now they are in a very evident one. As yet Almond is come no further than to serve for putting the country in arms for defence at home; so the lieutenant-generid's place is not as yet filled. Baillie also is much depen- dent on Hamilton, who as yet is somewhat ambi- guous, suspected of all, loved of none ; but it is like he will be quiet. Dear Sandie, [Hamilton,] brother to the Earl of Haddington, hath accepted the general of artillery's place. Humbie is general commissary. Many of our nobles are crowners for shires. Mr Walden hath seized on Berwick for the Parliament, whereupon Crowner Gray makes prey of the- town's cattle, and Newcastle is sending down men and cannon to besiege it. Therefore our committee of estates dispatched Sinclair, and his three troops of new-levied horse, and 600 foot, to assist the secur- ing of it. So the play is begun : the good Lord give it a happy end. — We had much need of your prayers. The Lord be with you. Your Cousin, Robert Baillix. 3. Letter to Mr WiUiamSpaty. November V], 1643.' Reverend and Beloved Cousin, I hope long ere now you received my long one, September 22d. What since has passed you shall here have account. Our commissioners came safe to London, wer« welcomed in the assembly by three harangues from D. Twisse, Mr Case, and D. Hoile. Before their coming, the covenant had passed, with some little alteration. This they took in evil part, that any letter should be changed without our advice ; but having a committee from both houses, and the assembly, of the most able and best-afiected men, appointed to deal with them in that and all other affairs, we shortly were satisfied, finding all the alterations to be for the better. Being all agreed, as the assembly and House of Commons did swear and subscribe that covenant, the little House of Lords did delay, for sake of honour, as they said, till they found our nation willing to swear it as then it was formed. In this we gave great satisfaction ; for so soon as Mr Henderson's letters came to Mr R. Dou^as, he conveened the com- missioners of the church, and the Chancellor, and the commissioners of the estate, who, after a day's dehberation, did heartily approve the alterations, as not materially difiering from the form read in the assembly. So on Friday, in the new church, after a pertinent sermon of Mr Robert Douglas, the commissioners of state at one table, the commis- sioners of the church at another, the commissioners from the parliament and assembly of England at a third, did solemnly swear and subscribe, with great joy and many tears. Some eighteen of our Lords were present that day; and copies were dispatched to the moderators of all our presbyteries, to cause read and expone that coivenant the first Sunday after * Baillie's Letters, vol. i., p. 392. 1643.] KIRK OP SCOTLAND. 371 IJ. their receipt, and the Sunday following to cause swear it by men and women, and all of understand- ing in every church of our land, and subscribe by the hand of all men who could write, and by the clerk of session in name of those who could not write, with certification of the church-censures, and confiscation of goods, presently to be inflicted on all refueera. With a marvellous unanimity was this every where received. A great many averse among us from this course, who bitterly spoke against our way every where, and none more than some of our friends ; yet in God's great mercy all that yet I have heard of have taken this oath. Sundry things did much contribute to the running of it. It was drawn with such circumspection, that little scruple from any airth oonld be to any equitable. For the matter, the authority of a general assembly and convention of estates were great ; the penalties set down in print before the covenant, and read with it, were great ; the chief aim of it was for the pro- pagation of our church-diseipHne in England and Ireland j tlie great good and honour of our nation ; also the parliament's advantage at Gloucester and Newburry, but most of all the Irish cessation, made the minds of our people embrace that mean of safety : for when it was seen in print from Dublin, that in July his Majesty had sent a commission to Ormond, the judges, and committee there, to treat with these miscreants ; that the dissenting commis- sioners were cast in prison ; tliat the agreement was proclaimed, accepting the sum of £300,000 ster- ling from these idoSitrous butchers, and giving them, over the name of Roman-Catholick subjects now in arms, a sure peace for a year, with full power to bring in what men, arms, money they could from all the world, and to exterminate all who should not agree to that proclamation, we thought it clear that the Popish party was so far countenanced, as it was necessary for all Protest- ants to join more strictly for their safety ; and that so much the more, as ambassadors from France were come both to England and us, with open threats of hostility from that crown. Our land now, I hope, in a happy time, hath entered, with fastings and prayer, in a league with England, without any opposition. His Majesty lets us alone ; partly his distractions elsewhere, and roost, as we think, his experience how bitter proclamations did more than calm US, only a letter came from him to the council, marvelling that in his name they had proclaimed an injunction for all to arm, and had entered in a covenant with his enemies, without his advice. An answer was returned in justification of both these actions. Hamilton, Roxburgh, Traquair, and others, had been advising what to do, as yet hither- to they have had no din, and we trust they shall not be able to make any party. However, we have laid in Stirling, for all accidents, some three troop of horse. All the ebires are put under their crowners, captains, and commanders of war ; but no men as yet are levied. The English are more unhappy oft in their delays. Meldrum was sent up with some articles to their parliament, a,greed upon with their commissioners here ; but he is not returned. We know the best of the English have very ill will to employ our aid, and the smallest hopes they got of subsisting by themselves makes them less fond of us. The march of Essex to Glouoaster ; his raising of that siege ; his return to London, with some vantage at Newburry; Man- chester's t*kiag of Lynns his clearing of Lincoln. shii«, with some prosperous skirmishes there; Newcastle's repulse from Hull, puts them in new thoughts; also their bygone great expences of money, and the great charge which Essex, Waller, Manchester, Warwick, Fairfax, puts them to daily, makes it hard for them to get such sums of money as are needful for raising of our army ; and most of all, as is surmised, the underhand dealing of some yet in their parliament, who have no will, that by our coming in, that business should be ended, lest their reign should too soon end. However, by lets open and secret, that help which we were very will- ing to have given, is not like in haste to be made need of ; only Meldrum writes, that from twenty-eight parishes of London there is got now some £30,0U0, with which he is presently to come down. Mr Hatcher will follow with the rest that can be got. It is like, when any competent sum comes, that an army shall rise, and go towards Newcastle. There if lying some £100,000 worth of coals. It is hoped, albeit it be winter, and the town fortified, yet there cannot be great opposition ; for Manchester and Fairfax, and the people of Lancashire, coming on the one side, we hope that our army, on the other, may come the better speed. The Irish cessation perplexes us. Our army there is very inconsider- able, some 8000 of hunger and cold-beaten soldiers, if ever were any, no duty at all has been done to them. The parliament's wants and negligence, and evil dealing of some, foolishly and most unjustly jealous of us, has well near starved these soldiers. If they run away, Ireland is lost ; if they stay, they have all the English and Irish for enemies ; yet, if they had money, they would, with God's help, keep Ulster against all. For to advise on this, Sir Henry Vane and Mr Marshall are gone to London ; so only Sir William Armine stays here. If the Scots were away, it is feared that all Ireland should be ready to go upon England at a call. At last the assembly of divines have permission to fall on the question of church-government. What here they will do, I cannot say. Mr Henderson's hopes are not great of their conformity to us, before our army be in England. However, they have called ear- nestly once and again for Mr Rutherford and me. The commission has conveened, and sent for us. We are thus far in our way to go abroad, God will- ing, one of these days. The weather is uncertain, the way dangerous, pirates and shoals no scant ; yet trusting on God, we must not stand on any hazard to serve God and our country. Write none to me till you hear from me where I am. The case of affairs is lamentable. Not the least appearance of peace. The anger of God burns like a fire, with- out relenting. Above 200,000 persons lost their lives by this war already. The hearts of both parties this day alike in courage. Besides bygone mischiefs, it is like the next spring, or before, a flood of stran- gers will rush in on England. Scots, Irish, French, Danes, and who not ? There appears not any pos- sible remeid, till God send the overture. How things go abroad, you will write to me more fully. Our negotiation at the court of France, it seems is miscarried. Lothian, with notliing done, is re- turned. He would not be dissuaded from going to Oxford ; where we hear he is laid up, to our grief and irritation. A little Monsieur, some agent with letters from the Queen, has ofi'ered to our council the renovation of that league, whereof Lothian was treating ; but requires us not to covenant with the parUament of England, and to annul the acts of our general assembly against the Papists in our Scottish regiments in France, to cause set the Earl of Antrim free. He stomachs that he has not a quick answer. The man seems to he of a small account. He is delayed till Lothian come. The friendship of the French was never much worth to us, and now we 372 RECORDS OF THE [1643. regard it as little as ever. We sliall do them no wrong ; but if they will join against the Protestant cause, we must appose them. A pity but your estates should regard more the safety of England, and of themselres, than hitherto they have done. We had a month ago a false alarm : it was probably informed, and certainly believed, that Prince Eupert was on our borders, with 20,000 horse and foot ; that his cannon was at Morpeth ; that our banders, then met at Kelso for the Lady Roxburgh's burial, were to join with him ; that without impediment, they were to seize Edinburgh. Our council were at the point of putting up fire-beacons to call all the country to the border ; yet some little time made us find it was but a mistake of some horse and foot of Colonel Gray's, to beware of our eruptions from Berwick. As yet no acts of hostility to count of are past. 4. Excerpts from Principal Baillie's Account of the Westminster Assembly, December, 1643." The hke of that assembly I did never see, and, as we hear say, the lik& was never in England, nor any where is shortly like to be. They did sit in Henry VII. 's chapel, in the place of the convoca- tion ; but since the weather grew cold, they did go to Jerusalem chamber, a fair room in the abbey of Westminster, about the bounds of the college fore- hall, but wider at the one end nearest the door ; and on both sides are stages of seats, as in the new assembly-house at Ediuburgh, but not so high ; for there will be room but for five or six score. At the upmost end there is a chair set on a frame, a foot fiom the earth, for the Mr Prolocutor Dr 'Twisse. Before it on the ground stands two chairs for the two Mr Assessors, Dr Burgess and Mr Whyte. Before these two chairs, through the length of the room, stands a table, at which sits the two scribes, Mr Byefield and Mr Roborough. The house is all ^yell hung, and has a good fire, which is some dain- ties at London. Foreanent the table, upon the pro- locutor's right hand, there are three or four ranks of forms. On the lowest we five do sit. Upon the other, at our backs, the members of parliament deputed to the assembly. On the forms foreanent us, on the prolocutor's left hand, going from the upper end of the house to the chimney, and at the other end of the house, and backside of the table, till it come about to our seats, are four or five stages of forms, whereupon their divines sit as they please ; albeit commonly they keep the same place. From the chimney to the door there are no seats but a void for passage. The Lords of parliament use to sit on chairs, in that void, about the fire. We meet every day of the week except Saturday. We sit coromonly from nine to two or three after noon. The prolocutor at the beginning and end has a short prayer. The man, as the world knows, is very learned in the questions he has studied, and very good, and beloved of all, and highly esteemed ; but merely bookish, and not much, as it seems, acquaint with conceived prayer, among the unfittest of all the company for any action ; so after the prayer he sits mute. It was the canny conveyance of these who guide most matters for their own interest to plant such a man of purpose in the chair. The one assessor, our good friend Dr Burgess, a very active and sharp man, suppUes, so far as is decent, the prolocutor's place ; the other, our good friend, Mr Whyte, has kept in of the gout since our coming. Ordinarily there will be present about, three score * Vide Bailhe's Letters. of their divines. These are divided in three com- mittees ; in one whereof every man is a member. No man is excluded who pleases to come to any of the three. Every committee, as the parliament gives order in writ to take any purpose to consider- ation, takes a portion, and in their afternoon-meet- ing prepares matters for the assembly, sets down their minds in distinct propositions, backs their propositions with texts of scripture. After the prayer, Mr Byefield the scribe reads the proposition and scriptures, whereupon the assembly debates in a most grave and orderly way. No man is called up to speak but who stands up of his own accord. He speaks so long as he will without interruption. If two or three stand up at once, then the divines confusedly call on his name whom they desire to hear first. On whom the loudest and maniest voices call, he speaks. No man speaks to any but to the prolocutor. They harangue long and very learnedly. They study the question well before- hand, and prepare their speeches ; but withal the men are exceeding prompt, and well-spoken. I do marvel at the very accurate and extemporal replies that many o-' them usually make. When, upon every proposition by itself, and on every text of scripture that is brought to confirm it, every man who will has said his whole mind, and the replies, and duplies, and triplies, are heard ; then the most part calls to the question. Byefield the scribe rises from the table, and comes to the prolocutor's chair, who, from the scribe's book, reads the proposition, and says, " As many as are in opinion that the ques- tion is well stated in the proposition, let them say I," [aye ;] when I is heard, he says, " As many as think otherways say No." If the difference of I's and No's be clear, as usually it is, then the question is ordered by the scribes, and they go on to debate the first scripture alledged for proof of the proposi- tion. If the sound of I and No be near equal, then says the prolocutor, " As many as say I, stand up ;" while they stand, the scribe and others number them in their minds ; when they are set down, the No's are bidden stand, and they likewise are numbered. This way is clear enough, and saves a great deal of time which we spend in reading om" catalogue. When a question is once ordered, there is no more of that matter ; but if a man will deviate, he is quickly taken up by Mr Assessor, or many others, confusedly crying, " Speak to order." No man contradicts another expressly by name, but most discreetly speaks to the prolocutor, and at most holds on the general. The Reverend brother who lately or last spoke on this hand, on that side, above or below. I thought meet once for all to give you a taste of the outward form of their assembly. They follow the way of their parliament. Much of their way is good, and worthy of our imitation; only their longsomeness is woful at this time, when their church and kingdom lie under a most lamentable anarchy and confusion. They see the hurt of their length, but cannot get it helped ; for being to establish a new platform of worship and discipline to their nation for all time to come, they think they'cannot be answerable, if solidly, and at leisure, they do not examine every point thereof. When our commissioners came up, they were desired to sit as members of the assembly ; but they wisely declined to do so : but since they came up as commissioners from our national church to treat for uniformity, they requii-ed to be dealt with in that capacity. They were willing, as private men, to sit in the assembly, and upon occasion to give their advice in points debated ; but for the uni- formity, they required a committee might be 1043.] KIRK OF SCOTLAND. 373 appointed from the parliament and assembly to treat with them thereanent. AH these, after some harsh enough debates, were granted : so once a week, and whiles oftener, there is a committee of some Lords, Commons, and Divines, which meet with us auent our commission. To this committee a paper was given in by our brethren before we came, as an introduction to further treaty. According to it the assembly did debate, and agree anent the duty of pastors. At our first coming, we found them in a very sharp debate anent the office of doctors. The Independent men, whereof there are some ten or eleven in the synod, many of them very able men, as Thomas Goodwin, Nye, Burroughs, Bridges, Carter, Caryl, Phillips, Sterry, were for the divine institution of a doctor in every congregation as well as a pastor. To these the others were extremely opposite, and somewhat bitterly, pressing much the simple identity of pastors and doctors. Mr Hen- derson travelled betwixt them, and drew on a committee for accommodation ; in the whilk we agreed unanimously upon some six propositions, wherein the absolute necessity of a doctor in every congregation, and his divine institution in formal terms, was eschewed ; yet where two ministers can be had in one congregation, the one is allowed, according to his gift, to apply himself most to teach- ing, and the other to exhortation, according to the scriptures. The next point, whereon we yet stick, is ruling elders. Many a brave dispute have we had upon them these ten days. I profess my marvelling at the great learning, quickness, and eloquence, together with the great courtesy and discretion in speaking of these men. Sundry of the ablest were flat against the institution of any such officer by divine right, as Dr Smith, Dr Temple, Mr Gataker, Mr Vines, Mr Price, Mr Hall, and many moe ; besides the Independents, who truly speak much, and exceed- ingly well. The most of the synod were in our opinion, and reasoned bravely for it ; such as, Mr Seaman, Mr Walker, Mr Marshall, Mr Newcoman, Mr Young, Mr Calamy. Sundry times Mr Hen- derson, Mr Rutherford, Mr Gillespie, all three, spoke exceeding well. When all were tired, it came to the question. There was no doubt but we would have carried it by far most voices ; yet because the opposites were men very considerable, above all gracious and learned little Palmer, we agreed upon a committee to satisfy, if it were possible, the dis- senters : for this end we met to-day ; and I hope, ere all be done, we shall agree. All of them were willing to admit elders in a prudential way ; but this to us seemed most dangerous and unhappy, and therefore was most peremptorily rejected. We trust to carry at last, with the contentment of sundry once opposite, and silence of all, their divine and scriptural institution. This is a point of high consequence ; and upon no other we expect so great difficulty, except alone on Independency ; where- with we purpose not to meddle in haste, till it please God to advance our army, which we expect will much assist our arguments. However, we are not desperate of some accommodation ; for Goodwin, Boroughs, and Bridges, are men full, as it seems yet, of grace and modesty ; if they shall prove other- wise, the body of the assembly and parliament, city and country, will disclaim them. The other day a number of the city and country ministers gave in an earnest and well-penned suppli- cation to the assembly, regretting the lameutable confusion of their church under the present anarchy j the increase of Anabaptists, Antinomians, and other sectaries ; the boldness of some in the city, and about, in gathering separate congregations ; re- questing the assembly's intercession with the par- liament for the redress of those evils ; and withal for the erection at London, during the time of these troubles, of a college for the youth, whose studies are interrupted at Oxford. This was well taken by the assembly. The parliament promised their best endeavours for all. John Goodwin, accused by Mr Walker and D. Homes of Socinianism, and others, are appointed to be admonished for essaying to gather congregations. The parliament the other day became sensible of their too long neglect of writing to the churches abroad of their condition ; so it was the matter of our great committee to draw up letters in name of the assembly for the Protest- ant churches. The drawing of them was committed to Palmer, who yet is upon them. There is a little committee also, which meets in the assembly house almost every morning, for the trial of expectants ; and when they have heard them preach, and posed them with questions, they give in to the assembly a certificate of their qualifications : upon the which they are sent to supply vacant churches, but with- out ordination, till some government be erected in their desolate churches. Plundered ministers are appointed, by order of parliament, to be put in all vacant places in the city and country, in their ohedience, till they all be provided. Concerning the affairs of the church, I need say no more at this time. * ' * * • In our assembly, thanks to God, there is great love and union hitherto, and great appearance of more before long. We have, after many days debate, agreed, nemine contradicente, that beside ministers of the word, there are other ecclesiastical governors to join with the ministers of the word in the government of the church; that such are agreeable unto, and warranted by the word of God, especially Rom. xii. 8. ; 1 Cor. xii. 28. How many and how learned debates we had on these things in twelve or thirteen sessions, from nine to half-two, it were long to relate. None, in all the company did reason more, and more pertinently, than Mr Gillespie. That is an excellent youth ; my heart blesses God in his behalf. For Mr Henderson and Mr Rutherford, all the world knows their graces. This day the office of deacon is concluded from the 6th of the Acts. There will be some debate of the perpetuity of his office, and the necessity of it in some cases, as where they are poor, and where the magistrate provides for them ; but that will not much trouble us. In the great committee, this afternoon, we have finally agreed on the draught of a letter for the churches abroad, to inform them of our condition, which you may see in print. Also we have begun an business (very handsomely I trust) of great consequence. In the time of this anarchy, the divisions of people does much increase : the Independent party grows ; but the Anabaptists more ; and the Antinomians most. The Independ- ents being most able men, and of great credit, fear- ing no less than banishment from their native country if presbyteries were erected, are watchful that no conclusion be taken for their prejudice. It was my advice, which Mr Henderson presently applauded, and gave me thanks for it, to eschew a publick rupture with the Independents, till we were more able for them. As yet a presbytery to this people is conceived to be a strange monster. It was our good therefore to go hand in hand, so far as we did agree, against the common enemy; hoping that in our differences, when we behoved to come to them, God would give us light ; in the meantime, 374 RECORDS OF THE [1643. we would essay to agree upon the directory of wor- ship, wherein we expect no small help from these men to abolish the great idol of TSngland, the ser- vice-book, and to erect in all the parts of worship a full conformity to Scotland in all things worthy to be spoken of. Haying proponed thir motions in the ears of some of the chief of the assembly and parliament, but in a tacit way, they were well taken ; and this day, as we resolved, were proponed by Mr Solicitor, seconded by Sir Henry Vane, my Lords Sey and Wharton, at our committee, and assented to by all ; that a sub-committee of five, without exclusion of any of the committee, shall meet with us of Scotland, for preparing a Directory of Wor- ship, to be communicate to the great committee, and by them to the assembly. The men also were as we had forethought, Mr Marshall chairman of the committee, Mr Palmer, Mr Goodwin, Mr Young, Mr Herle, any two whereof, with two of us, make a quorum : for this good beginning we are very glad. Also there is a paper drawn up by Mr Marshall, in the name of the chief men of the assembly, and the chief of the Independents, to be communicate on Monday to the assembly, and by their advice to be published, declaring the assem- bly's mind to settle, with what speed is possible, all the questions needful about religion; to reform, according to the word of God, all abuses ; and to give to every congregation a person, as their due : whereupon loving and pithy exhortations are framed to the people, in the name of the men who are of the greatest credit, to wait patiently for the assem- bly's mind, and to give over that most unseasonable purpose of their own reformations, and gathering of congregations ; but good is expected from this mean. Farther, ways are in hand, which, if God bless, the Independents will either come to us, or have very few to follow them. As for the other sects, wise men are in opinion, that God's favour in this assem- bly will make them evanish. We had great need of your prayers. On Wednesday Mr Pym was carried from his house to Westminster, on the shoulders, as the fashion is, of the chief men in the lower house, all the house going in procession before him, and before them the assembly of divines. Marshall had a most eloquent and pertinent funeral- sermon ; which we would not hear ; for funeral- sermons we must have away, with the rest. The parliament has ordered to pay his debt, and to build him, in the chapel of Henry VII., a stately monu- ment. • « « » The affairs of church and state here since my last, so far as we of the vulgar sort do hear, have thus proceeded. After that with great and long debates we had gotten well near unanimously con- cluded all we desired about pastors, doctors, elders, and deacons, we spent two or three sessions upon widows ; not that we needed to stay so long on that subject, but partly because every thing that comes to the assembly nAust be debated, and none of their debates are short ; and partly because the commit- tee had prepared no other matter to count of for the assembly to treat on. Sundry things were in hands, but nothing in readiness to come in pubhck ; for this reason, among others, many were the more willing to have the assembly adjourned for the holy- days of Zuil, much against our minds. On the Friday I moved Mr Henderson to go to the assem- bly ; for else he purposed to have staid at home that day ; that as all of us stoutly had preached against their Christmas, so in private we might solicit our acquaintance of the assembly, and speak something of it in publick ; that for the discounten- ancing of that superstition, it were good the assern- bly should not adjourn, but sit on Monday, their Christmas day. We found sundry willing to follow our advice, but the most resolved to preach that day, till the parliament should reform it in an orderly way ; so, to our small contentment, the assembly was adjourned from Friday till Thursday next : yet we prevailed with our friends of the lower house to carry it so in parliament, that both houses did pro- fane that holy day, by sitting on it, to our joy, and some of the assembly's shame. On Wednesday we kept the solemn fast. Mr Henderson did preach to the House of Commons a most gracious, wise, and learned sermon, which you will see in print. Mr Rutherford is desired by them to preach the next fast-day. One of the committee-matters is the Psalter. A n old most honest member of the House of Commons, Mr Rous, has helped the old Psalter, in the most places faulty. His friends are very pressing in the assembly that his book may be examined, and helped by the author in what places it should be found meet, and then be commended to the parliament, that they may enjoin the publick use of it. One of their considerations is, the great private advantage which would by this book come to their friend : but many do oppose the motion ; the most, because the work is not so well done as they think it might. Mr Nye spake much against a tye to any Psalter, and something against the singing of paraphrases, as of preaching of homilies. We underhand will mightily oppose it ; for the Psalter is a great part of our uniformity, which we cannot let pass till our church be well advised with it. I wish I had Row- allan's Psalter here ; for I like it much better than any yet I have seen. We had great and sharp debates about the paper I wrote of before. Mr Marshall, with a smooth speech, made way for it, and got it read once and again ; but several spake much against sundry expressions of it, as giving too much countenance to these who had gathered con- gregations, and favour more than needed to the Independents ; but they did avow, that they were much thereby prejudged, and were most willing to suppress the paper, and would by no means consent to the alteration of any one word of it. I truly wish it had never been moved ; for I expect more evil to our cause from it than good : yet since it was moved so much in publick, if it had been rejected, it would certainly have made a greater heartburning among the dissenting brethren than yet had ap- peared : so at last it passed with the assembly's allowance ; but without voicing. You may see it now in print. What fruits it shall produce, we Imow not ; only, a day or two thereafter, some of the Anabaptists came to the assembly's scribes with a letter, inveighing against our covenant, and carrj- ing with them a printed sheet of admonitions to the assembly from an old English Anabaptist at Am- sterdam, to give a full liberty of conscience to all sects, and to beware of keeping any Sabbath, and such like. The scribe offered to read all in the assembly. Here rose a quick enough debate. Good- win, Nye, and their party, by all means pressing the neglect, contempt, and suppression of all such fantastick papers ; others were as vehement for the taking notice of them, that the parliament might be acquaint therewith, to see to the remedy of these dangerous sects. The matter was left to be con- sidered as the committees should think fit; but many marvelled at Goodwin and Nye's vehemency in that matter. Yet the day following their passion gave greater offence. We were called out before twelve to dine with old Sir Henry Vane. Dr Twisse 1643.] KIRK OF SCOTLAND. 375 was abaent that day. Dr Burgess fell to be in the chair that day. The question came, What should follow the widows ? There were leit some branches of the apostles and evangelists duties yet undiscussed. We thought these questions needless, and wished they had been passed ; but sundry by all means would have them in, of design to have the dependency of particular congregations from the apostles in matters of ordination and jurisdiction determined. The Independents, forseeing the prejudice such a determination might bring to their cause, by all means strove to decline that dis- pute ; as indeed it is marked by all, that to the uttermost of their power hitherto they have studied procrastination of all things, finding that by time they gained. We indeed did not much care for delays, till the breath of our army might blow upon us some more favour and strength. However that day, we being gone, the one party pressing the debate of the apostles power over congregations, the other sharply declining, there fell in betwixt Goodwin and Burgess hotter words than were expected from Goodwin. Mr Marshall composed all so well as he could. Mens humours, opinions, engagements, are so far different, that I am afraid for the issue. We doubt not to carry all in the assembly and parliament clearly according to our mind ; but if we carry not the Independents with us, there will be ground laid for a very troublesome schism. Always it is our care to use our utmost endeavours to prevent that dangerous evil ; and in this our purpose, above any other, we had need of the help of youp prayers. We had, as I wrote, obtained a subcommittee of five to join with us for preparing to the great com- mittee some materials for a directory. At our first meeting, for the first hour, we made pretty progress, to see what should be the work of an ordinary Sab- bath, separate from fasts, communions, baptisbis, marriage. Here came the first question, about readers. The assembly had passed a vote before we came. That it is a part of the pastor's ofiice to read the scriptures t what help he may have herein by these who are not pastors, it is not yet agitate. Always these of best note about London are now in use, in the desk, to pray, and read in the Sunday morning four chapters, and expone some of them, and cause sing two psalms, and then to go to the pulpit to preach. We are not against the minister's reading and exponing when he does not preach : we fear it put preaching in a more narrow and dis- creditable room than we could wish, if all this work be laid on the minister before he preach. My overture was, to pass over that block in the be- ginning, and all other matter of great debate, till we have gone over these things wherein we did agree. This was followed. So, beginning with the pastor in the pulpit, and leaving till afterwards how families should be prepared in private for the work of the Sabbath, and what should be their exercise before the pastor came to the pulpit, our first question was about the preface before prayer. As for the minister's bowing in the pulpit, we did raisken It ; for, besides the Independents vehemeney against it, there is no such custom here used by any : so we thought it unseasonable to move it in the very entry, but minds in due time to do the best for it we may, A long debate we had about the conveniency of prefecing, yet at last we agreed on the expediency of it. We were next settling on the manner of the prayer, if it were good to have two prayers, as we use, befbre sermon ; or but one, as they use : if in that first prayer it were meet to take in the king, chureh, and sick, as they do ■, or leave these to the last prayers, as we. While we are sweetly debating on these things, in came Mr Goodwin, who incontinent essayed to turn all upside down, to reason against all directories, and our very first grounds ; also that all prefacing was unlawful ; that, according to 1 Tim. ii. 1. it was necessary to begin with prayer, and that in our first prayer we behoved to pray for the king. All these our debates, private and publick, I have in writ : at meeting you shall have any of them you will. The most of all the assembly write, as also all the people almost, men, women, and children, write at preaching. That day God opened my mouth somewhat to my own contentment, to Goodwin's new motions ; I thought I got good new extemporal answers ; how- ever, he troubled us so, that after long debates we could conclude nothing. For the help of this evil, we thought it best to speak with him in private ; so we invited him to dinner, and spent an afternoon with him very sweetly. It were a thousand pities of that man ; he is of many excellent parts. I hope God will not permit him to go on to lead a faction for renting of the kirk. We and he seemed to agree pretty well in the most things of the directory. Always how all will be, I cannot yet say ; but with the next you will hear more ; for wo now resolve to use all means to be at some point. Our letter to foreign churches, formed by Mr Marshall, except some clauses belongingto us putin by Mr Henderson, is now turned into Latin by Mr Arrowsmith, (a man with a glass eye, in place of that which was put out by an arrow,) a learned divine, on whom the assem- bly put the writing against the Antinomians. Mr Rutherford's other large book against the Independ- ents is in the press, and will do good. I am glad my piece is yet in ; for if need be to put it out, I can make it much better than it was. Thus much for our church-affairs which most concern us. • * * * To Scotland. Februa/ry 1 8, 1644.— Since my last, January 1st, affairs there had this progress, so far as I understand. The assembly having past, albeit with long debate, yet with reasonable good accord In the end, sundry conclusions, according to our mind, anent all the officers of the church severally ; before they entered on their duties, as conjoined in sessions, presbyteries, and synods, for ordination and jurisdiction, they thought meet to consider some things further in the officers, both extraordinary and ordinary, some moe characters of the apostles, their power to ordain officers in all congregations, their power to send out evangelists to ordain any where, their power to decide all questions either of doctrine or fact by word or writ. After much de- bate arising from mere jealousies, that these things were brought in for prejudice and far ends, at last there was agreeance, while the 14th of Acts, 23d verse, was brought for a proof of the apostles power of ordination, and was going to be voiced. Very learned and acute Mr Gillespie, a singular ornament of our church, than whom not one in the whole assembly speaks to better purpose, and with better acceptance by all the hearers, advertised, that the word ;(;Bfi>Ton)«'a»T ing the last Wednesday of this month before the House of Commons in the fast-day. This is all, but yet a great recompence, which I require of you for my long letters in a time not of much leisure. The Lord give an happy and quick end to all these confusions, and settle again these poor churches and kingdoms in truth and justice. Since the closing of my last, the hard and great business of the joint committee is happily con- cluded, fully according to our mind, praised be God ; for once we were in great fear of its miscarriage, and of the dividing of the one House from the other upon it. They began to sit yesterday : and are appointed to sit every day at three o'clock, and ofteneron occasion : henceforth we expect expedition. * * * * It is said, these of Oxford are so far fallen, as to acknowledge the parUament at Westminster, and to put down Episcopacy, and to disclaim the ces- sation of Ireland. If our march to Newcastle has produced this much, I hope our taking of it shall obtain the rest. I hope our synod-affairs shall have a more speedy dispatch. A course will be shortly taken with all sectaries, and is begun already. The misorders which are at this time in New England, will make the Independents more willing to accom- modate and comply with us. Praise to Giod we all are well, chearful, and hopeful, by your prayers, to see the advancement of a glorious work hereu * # * * To Mr WUlia/m Spang. You have a large report from me, how all went here to the 18th of February. My leisure since has been but small ; and as yet I have no time. Only know, that your letters to us were exceeding wel- come ; and for your good service to God, and us, in due time, you shall receive thanks. My nephew is gone home, with his most loving remembrance of your great kindness. The other day some of the Dutch church came to the assembly-door, and de- livered a letter to us, from the classes of Wsillachren. It was publickly read, and taken with a great deal of respect. It came wonderful opportunely, and will do a great deal of good. The long and sharp 1643.] KIRK OF SCOTLAND. 379 censure of the apologetick narration was very well received by all, but the parties, who yet were alto- gether silent, and durst not oppose one word, A committee was presently appointed for translating it into English, and transmitting it, to be read, to both houses of parliament, both in Latin and Eng- lish. What there it may work, you shall hear in time. It spoke so near to the mind and words of the Scots, that some said it savoured of them j but when some such muttering was brought to the face of the assembly, all did deny they knew any author of such a speech ; so, no man avowing it, the Scots let such a calumny pass, without any apology. I believe they wished, and thought it just, that all the Reformed churches should do all which the divines of Wallachren hath, in the defence of the cause of God, and all the Reformed churches, against com- mon and very dangerous adversaries. But I heard them say, in private, that they had no correspond- ence at all with any foreign churches ; it might be that some of them had sometimes letters from the minister of the Scots staple at Campvere, but that none of them had sent him either the apologetical narration, or so much as our answer to it ; that they had never motioned any censure of that book by the foreign divines. However, in the good provi- dence of God, that letter came. It is expected the synod of Zealand will not only avow what their brethren have written, but will give their brotherly advice to this synod, anent all the things in hand ; which I assure you will be very well taken, and do much good; especially, if with their serious dis- suasive from Independency, and cordial exhortation to erect presbyteries and synods, they join their counsels for abolishing the relicks of Romish super- stition, in their festival days and liturgy, &c., and, above all, to beware of any toleration of sects, wherein you are an evil and dangerous example. If you assist us at this time, God may make us helpful to you another day. Farewell. March 10th. April 2, 1644 Since the 18th of February, till now, I have so little leisure, especially by my prepar- ing and preaching my parliament-sermon, wherein, praised be God, I was graciously assisted, that I could not attend the writing of any long letter ; but now, that task being off my hand, I may better wait on my friends. I shewed, in my last, how we were brought, in our assembly, to our chief question, That many particular congregations were under the government of one presbytery. The Independents pressed they might first be heard in the negative. Here they spent to us many of twenty long sessions. Good- win took most of the speech upon him ; yet they divided their arguments among them, and gave the managing of them by turns, to Bridges, Burroughs, Nye, Simpson, and Caryl. Truly, if the cause were good, the men have plenty of learning, wit, elo- quence, and, above all, boldness and stiffness, to make it out ; but when they had wearied them- selves, and overwearied us all, we found the most they had to say against the presbytery, was but curious idle niceties ; yea, that all they could bring was no ways concluding. Every one of their argu- ments, when it had been pressed to the full, in one whole session, and sometimes in two or three, were voiced, and found to be light, unanimously by all but themselves. By this means their credit did much fall in the city, who understood daily all we did, and found these men had got much more than fair play, a more free liberty than any innovators ever in any assembly, to reason their cause to the bottom ; but farther in the country, who knew not the manner of our proceedings, their emissaries filled the ears of the people, that the assembly did cry down the truth with votes, and was but an Anti- christian meeting, which would erect a presbytery worse than bishops. For to remeid these evils, and to satisfy the minds of all, we thought meet to essay how far we could draw them in a private friendly way of accommo- dation ; but Satan, the father of discord, had well near crushed that motion in the very beginning. After our first meeting, with some three of the assembly, Marshall, Palmer, Vines, and three of them, Goodwin, Burroughs, Bridges, with my Lord Wharton, Sir Harry Vane, and the Solicitor, in our house, and very fair appearances of pretty agree- ment, Mr Nye was like to spoil all our play. When it came to his turn in the assembly to opugn the presbytery, he had, from Matth. xviii. drawn in a crooked unformal way, which he never could get in a syllogism, the inconsistence of a presbytery with a civil state. In this he was cried down as impertin- ent. The day following, when he saw the assembly full of the prime nobles and chief members of both Houses, he did fall on that argument again, and very boldly offered to demonstrate, that our way of drawing a whole kingdom under one national assem- bly, is foiTuidable ; yea, thrice over pernicious to civil states and kingdoms. All cried him down, and some would have had him expelled the assem- bly as seditious. Mr Henderson showed, he spoke against the government of ours, and all the Re- formed churches, as Lucian and the Pagans wont to stir up princes and states against the Christian re- hgion. We were all highly offended with him. The assembly voted him to have spoken against the order; this is the highest of their censures. Maitland was absent ; but enraged when he heard of it. We had many consultations what to do ; at last, we resolved to pursue it no further, only we would not meet with him, except he acknowledged his fault. The Inde- pendents were resolute not to meet without him, and he resolute to recal nothing of the substance of that he had said. At last, we were intreated by our friends, to shuffle it over the best way might be, and to go on in our business. God, that brings good out of evil, made that miscarriage of Nye a mean to do him some good ; for, ever since, we find him, in all things, the most accommodating man in the company. This, and sundry occurrences, have made the sails of that party fall lower. My Lord Sey's credit and reputation is none at all, which wont to be all in all. Sir Harry Vane, whatever be his judgement, yet less or more does not own them, and gives them no encouragement. No man I know, in either of the Houses, of any note, is for them. Sundry officers and soldiers in the army are fallen from their way to Antinomianism and Anabaptism, which burdens them with envy. Not any one in The assembly, when they have been heard to the full in any one thing, is persuaded by them ; but all profess themselves to be more averse from their ways than before. The brethren of New England incline more (o synods and presbyteries, driven thereto by the manifold late heresies, schisms, and Actions, broken out among them ; also the many pens that have fallen more sharply than we on their Apologetick Narration. These, and divers other accidents, have cooled somewhat of these mens fer- vour ; above all, the letter from Holland has given them a great wound. Our good friend in Zealand gave to his neighbour so good information of all he heard from us here, that so soon as the classes of Wallachren did meet to consult about the letter which this synod sent to them, as to all the Re- formed churches, they were very bent presently to 380 RECORDS OF THE [1643. write an answer, in the which they fell flat and- expressly upon the Independents, and their Apolo- getick Narration, shewing how far their way was contrary to the word of God, to the Reformed churches, and to all sound reason. This was read openly in the face of the assembly, and in the ears of the Independents, who durst not mute against it. It was appointed to be translated into English, and sent to be read in both Houses of parliament, which was done accordingly. This has much vexed the minds of these men, and yet we expect from the synod of Zealand, now sitting, more water to be put in their wine. It seems they are justly crossed by God ; for beside all the error and great evil which is in their way, they have been the only men who have kept this poor church in an anarchy so long a time, who have preferred the advancement of their private new [fancies to the kingdom of Christ, who have lost many thousand souls through the long confusion occasioned by their wilfulness only, and the settling of the land, which their way hitherto has kept loose and open, to the evident hazard of its ruin. Their ways, private and publick, have taken away from the most of beholders, the opinion which was of their more than ordinary piety and ingenuity: that now is gone. All this contributes to the peace of this church. While we came to prove the affirmative of our tenet anent the presbytery, they jangled many days with us ; but at last it was carried, and sundry scriptures were voiced also for that proposition, to our great joy. In the debate, they let fall so muchof their mind, that it was hoped they might come up, if not fully to our grounds, yet to most of our practical conclusions. For this end the assembly appointed a committee of four of them, and four of the assembly, to meet with us four, to see how far we could agree. We were glad that what we were doing in private should be thus authorised. We have met some three or four times already, and have agreed on five or six propositions, hoping, by God's grace, to agree in more. They yield, that a presbytery, even as we take it, is an ordinance of God, which hath power and authority from Christ, to call the minis- ters and elders, or any in their bounds, before them, to account for any offence in life or doctrine, to try and examine the cause, to admonish and rebuke, aud if they be obstinate, to declare them as Ethnicks and publicans, and give them over to the punish- ment of the magistrates, also doctrinally to declare tlie mind of God in all questions of religion, with such authority as obliges to receive their just sen- tences ; that they will be members of such fixed presbyteries, keep the meeting, preach as it comes to their turn, join in the discipline after doctrine. Thus far we have gone on without prejudice to the proceeding of the assembly. When we were going, to the rest of the propositions concerning the pres- bytery, my Lord Manchester wrote to us from Cambridge, what he had done in the university, how he had ejected for gross scandals, the heads of five colleges, Dr Coosings, Beel, Sterne, Bamborne, and another; that he had made choice of five of our number, to be masters in their places, Mr Palmer, Vines, Seaman, Arrowsmith, and our countryman Young, requiring the assembly's appro- bation of his choice ; which was unanimously given ; for they are all very good and able divines. Also, because of the multitude of scandalous ministers, he behoved to remove, he renewed to the assembly his former motion, anent the expediting of ordina- tion. This has cast us on that head. We have voted sundry propositions of it. The last four ses- sions were spent upon an unexpected debate : Good Mr Calamy, and some of our best friends, fearing the Separatists objections, anent the ministry of England, as if they had no calling, for this reason, among others. That they were ordained without the people's election, yea, without any flock ; for the fellows of their colleges are ordained ministers sine titulo, long before they are presented to any people ; when we came therefore to the proposition. That no man should be ordained a minister without a designation to a certain church, they stifly main- tained their own practice : yet we carried it this afternoon. As for our Directory, the matter of prayer which we gave in, is agreed to in the committee. Mr Marshall's part, anent preaching, and Mr Palmer's, about catechising, though the one be the best preacher, and the other the best catechist, in Eng- land, yet we no way like it : so their papers are past in our hands to frame them according to our mind. Our paper anent the sacraments we gave in. We agreed, so far as we went, except in a table. Here all of them oppose us, and we them. They will not, and say the people will never yield to alter their practice. They are content of sit- ting, albeit not as of a rite institute ; but to come out of their pews to a table, they deny the necessity of it : we affirm it necessary, and will stand to it. The Independents way of celebrating, seems to be very irreverent. They have the communion every Sabbath, without any preparation before or thanks- giving after : little examination of people : their very prayers and doctrine before the sacrament, use not to be directed to the use of the sacrament. They have, after the blessing, a short discourse, and two short graces over the elements, which are distributedand participate in silence, without exhort- ation, reading, or singing, and all is ended with a psalm, without prayer; Mr Nye told us his pri- vate judgement, that in preaching he thinks the minister should be covered, and the people dis- covered ; but in the sacrament, the minister should be discovered, as a servant, and the guests all covered. For hasting of the assembly, we got many messages from the Houses ; hut all they can do, is to sit all the days of the week, except Satur- day and Sunday, till one or two o'clock, and twice a-week also in the afternoon ; the other afternoons are for committees. However their speed be small, yet their labour is exceeding great, whereof all do expect a happy conclusion, and blessed fruits. * « * » The eyes of all are towards our army. The great God be with it, to put a quick end to the great miseries and dangers of all these domin- ions. We were comforted by the sundry clear pas- sagesof God's mercies towards them ; thattheygotso easily over the Tyne and the Ware; that the enemy, who durst visit them in their quarters, were so in- fatuated by God as not to set upon them in their passage ; that when their want of provision was al- most extreme, there should come to them at Sun- derland, both from London and Scotland, so much as to put them out of hazard of starving ; that though the extremity of the tempest had cast away the barks with their provision, yet God should have sent such weather as made the Tyne passable, and that no longer than they were over. Many such passages are in the letters, which we see from the camp, that demonstrates the answer of our prayers in a part, and confirms our hope in the rest : though the difficulties yet be many, and far greater than any did expect ; yet we think the Lord is but walking in his ordinary way, to let us fall in diffi- culties insuperable to us, to draw us near to him 1643.] KIRK OF SCOTLAND. 381 out of all self-confidence, that we may cry to Hea- ven, and what deliverance comes it may be taken out of his hand. That very day, and these hours, when our army was passing the Tyne, the 28th of February, were we all here fasting and praying ; and among the rest, I was praying and preaching to the parliament ; blessed be his name that gave us at the same hour so gracious an answer. The next week, when that happy solemn fast does return, we have much ado with the help of God ; for every where the armies are near a-yoking. • * # * If any disaster should befal Waller, our dan- ger here were present and great. Manchester has drawn all his forces towards Lincoln to op- pose Prince Rupert's progress ; but the main chance is in the north, for which our hearts are trinlding. Our letter yesternight from the leaguer at Sunder- land shewed, that on Sunday last, while our per- plexity was great for horse-meat, and we were in a great doubt what to do ; to stay there was to starve our horse; to send our horse back over Tyne, without our foot with them, was to lose Sun- derland, our sea-port, which brought us provision. While we are on these thoughts, our enemies draw near with all their forces, and set themselves down in a place of advantage. On Sunday at night, and Monday morning, we were skirmishing. The ground made it hard for us to set on ; but our ne- cessities put us on. The great God assist us. Lumsden was come over the water, with 3000 more men. On Monday, the 25th of this instant, these letters came away. We know no more, but with passion are expecting good news. We wonder your ambassadors should be dreaming of any treaty ; since every other day after their coming from Ox- ford, this parliament there, with vote upon vote, with declaration after declaration, are made traitors, rebels, and all evil can be imagined. The parha- meut here, to put off them that very groundless scandal which they at Oxford strove to put upon them, have put out a declaration of their great de- sire of peace, and of the invincible obstacles laid in their way to it. However your ambassadors seem over-ready to have proven very unhappy instru- ments to have divided the two nations, and raised a new party here for the King, and divided both Houses ; but I hope God has prevented them. The propositions for treaty were really answered by the declaration of both Houses, That they, by the late votes at Oxford, being declared traitors, were made incapable to treat ; yet they resolved, accord- ing to the overture made by us long ago, to advise on propositions, without which they could not pro- ceed. These the lower house did agree to refer to the higher, to the committee of both kingdoms ; but the higher house resolved to have a new com- mittee of Lords and Commons to join with our com- missioners, alledgmg, the former committee, which was carried over their bellies, was only for managing of the war ; but for the treaty of peace they have another, Pembroke and Salisbury, who disdained they were of the first, and below Hollis, Reynolds, Clotworthy, did much urge a second committee; and all these who loved division seconded this mo- tion. Here it has stood some days ; but after the disaster at Newark, your commissioners struck the iron when it was hot, and pressed a further and far more unhappy point, to have a treaty without us. On Saturday last they did so far advance this des- perate motion, that the House of Commons were divided about it in two equal halves : so that divi- sion was referred to the honest Speaker ; who car- ried it right, that they were obliged, not only to conclude, but not to begin, a treaty without the Scots. On this fearful debate they sat till three o'clock in the afternoon ; so far did your unhappy agents from Oxford and the Hague prevail. But, behold ! before half an hour after three, there came news which made their ears to tingle. God an- swered our Wednesday's prayers. Balfour and Waller had got a glorious victory over Forth and Hopeton, and routed them totally, horse and foot. All since are exercised to raise money to that vic- torious army, and men, to assist them to pursue that great and timeous victory. We were sinking; but God has taken us by the hand, and filled us with hope. On Sunday, March 25, and Monday, Lesly and Newcastle, with all their forces, were skirmishing. We think ere this they will have a battle ; we are in hope of good news. We expect good from the synod of Zealand. We wish they may consider their giving of excommunication to every congregation. * * * * To Mr Damd Dickson and Mr Robert Ramsay only. The unhappy Independents keep all the matters of the church so loose, that there is no appearance of any short settling. The preface of my sermon has put some edge on the assembly for a quicker dispatch ; but the nature itself of their way is so wofully longsome, that it is almost impossible to be shortened. The number and evil humour of the Antinomians and Anabaptists doth increase. In a word, things here are in a hard condition. I have acquainted you herewith, that we may remember hereafter, when God has appeared for us, from how great depths he has lifted us up. We truly do expect, from the goodness and mercy of our God, though this stupid and secure people are no ways fitted for a deliverance, if we look to justice, yet, that for his name's sake, the truth, and handful of the godly, that he will arise. So much the more is it needful that God should haste, as we hear of a storm that may arise among you in your north, and elsewhere, by the pestiferous malignants and malecontents ; also from your Irish army, if they be not satisfied, and the Irish rebels on their back. All these will be matters of God's praise, when he has let them appear, and rear upon us, but incon- tinent, by the chain of his providence, has drawn them backward for their confusion. I hope to keep the general assembly with you at Edinburgh. We are all, for our private, well, blessed be God. How all is with you, I know not ; but that broil about Mr Hugh Blair I wish were some way composed ; but being so far from the place, I cannot teU how. The matter of our present debates in our assembly, is the people's interest in their minister to be or- dained. We hope to give light to these scabrous questions. * » * « After the writing hereof, this Sunday, March 24, we were all afSicted with sad news from Newark. Sir John Meldrum by all means would besiege Newark, and gave assurance to all, day after day, to carry it ; yet it is so fallen out, whether by base cowardfice or treachery, that his whole camp, near 5000 or 6000, after a little skirmish, have rendered themselves to the enemy, being fewer in number : a grievous and disgraceful stroke. The certainty of the particulars we have not yet ; but such another stroke will make this people faint, except God bless the Scots army. Yet this sore stroke puts many to their knees who were in a deep sleep, and we hope there will be a wrestling with God the next Wednesday. This is a fearful alarm. Let God do all his will : yet I must say his people and cause are on our side ; and on the others, patrons of oppres- sion, profanity, and Popery, whom God cannot bless to the end. God send us better news ; for the tune our anxiety is very great. The bearer is not yet gone. As all former disasters, so this I hope shall do us good. Yesterday was a gracious day of prayer. * » * * For Mr Robert Blair. March 26, 1644. I have written nothing to you all this time, partly not knowing certainly where you were, and mostly because my sweet colleague, Mr Samuel, informed you of all I had to say. Thanks to God, never colleagues bad a greater harmony ; for to this hour not the least difference, the smallest eyelist betwixt any of us, either state or church commissioners, in any thing, either private or publick, which you know is rare in societies, makes our fellowship much the sweeter. "We have written a publick letter to you, to advise, if you think meet, to call any of us home to the general assembly. All of us will take it for the call of God, whatever you resolve of our stays or goings. It is like, about that time, there shall be more to do here than before ; for the delays of the Independents importunities has been won- derful, which now, I hope, are drawing near an end; and very lilcely, about that very time of the assembly, if God cast not in iracxpeeted impe- diments, we may be about the highest points both of government and worship, the erecting of our presbytery, and putting our votes in practice, and settling of a directory, wlierein we have yet got little thing done, and much is here ado. These things are so high, and of so great concernment, that no living man can think Mr Henderson may be away ; and to put him to go and return, it were very hard to venture such a jewel, that is so ne- cessary to the well being both of church and state of all these dominions. Mr Samuel, for the great parts God has given him, and special acquaintance with the question in hand, is very necessary to be here ; especially because of his book, which is daily enlarging, and it will not come off the press yet for some time. It is very like, whenever it comes out, it shall have some short affronting reply i and judge now if it be not necessary that he should be here to answer for himself. Mr G. Gillespie, however I had a good opinion of his gifts, yet I profess he has much deceived me. Of a truth there is no man whose parts in a publick dispute I do so admire. He has studied so accurately all the points ever yet came to our assembly, he has gotten so ready, so assured, so solid a way of publick debating, that however there be in the assembly divers very ex- cellent men, yet, in my poor judgemcat,, there is not one who speaks more rationally, and to the point, than that brave youth has done ever, so that his absence would be prejudicial to our whole cause, and unpleasant to all here that wishes it well. * * * « To Mr WUliam Spang. April 12, 1644. Matters here, both of church and state, are in a strange posture. We are oft put to our knees to cry to God. The unhappy, and unamendable pro- lixity of this people, in all their affairs, except God work extraordinarily, is like to undo them. They can put nothing to any point, either of church or state. We are vexed and overwearied with their ways. God help them, and our poor land, which by their unhappy and sottish laziness is like to be in great hazard. * * * * I cannot tell you what to say of the assembly. We are almost desperate to see any thing concluded for a long time. Their way is wofuily tedious. Nothing, in any assembly that ever was in the world, except Trent, like to them in prolixity. Particulars you shall have with the next. * * * * April 19, 1 644.— Ourassemblyat last has perfected ordination, both in the doctrinal and directory parts. I think, to-morrow, they shall present it to the Houses. It has cost us much kbour, and above twenty long sessions. I hope it shall do good, and over all this land shall erect presently an association of ministers to ordain. Our presbytery shall shortly follow. The Independents are resolved yet to give in their reasons against us, and that will be the beginning of an open schism. Likely, after that, we will be forced to deal with them as open enemies. They have been here most imhappy mstruments, the principal, if not the sole causes, why the parliament were so long in calling an assembly, and when it was called, why nothing in a whole year could be gotten concluded. In the mean time they, over all the land, are making up a faction to their own way, the far most part whereof is fallen off to Anabap- tism and Antinomianism. Sundry also worse, if worse needs be : the mortality of the soul, the de- nial of angels and devils, and cast off all sacraments, and many blasphemous things. AU these are from New England, where divers are in irons for their blasphemies, condemned to perpet