Records of the Kirk of Scotland / containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly.

by Church of Scotland. General Assembly

12 Feb. 1645. Post meridiem. Sess. XVIII.

THE Generall Assembly, after mature deliberation, having found it most necessary that this whole Nation be timely Warned, and duly Informed of their present Dangers, and the Remedies to be used, and Duties to be done for preventing and removing thereof; Doth ordain this Warning to be forthwith Printed and Published, and sent to all the Presbyteries in this Kingdom, as also to the Presbyteries that are with our Armies. And that each Presbyterie immediately after the receipt hereof, take speedy course for the Reading of it in every Congregation within their bounds, upon the Lords day after the forenoons Sermon, and before the Blessing: And that they give account of their diligence herein to the Commissioners of the Generall Assembly; Who have hereby Power and Warrand to try and censure such as shall contemne or slight the said Warning, or shall refuse or neglect to obey this Ordinance.

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A Solemne and Seasonable Warning to the Noblemen, Barons, Gentlemen, Burrows, Ministers, and Commons of Scotland: As also to our ARMIES without and within this Kingdom.

THE Cause of GOD in this Kingdom, both in the Beginnings and Progresse of it, hath been carried, through much craft and mighty opposition of enemies, and through other perplexities and dangers; GOD so disposing, for the greater glory of his manifold and marvellous Wisdome and his invincible Power, and for our greater tryall.

These dangers both from without and from within, together with the remedies thereof, have been from time to time represented and held forth, in the many publick Supplications of this Kirk and Kingdom to the King, and in their many Declarations, Remonstrances, Letters, Acts, and other publick Intimations: Particularly by a necessary Warning published by the Commissioners of the Generall Assembly in January 1643; And by the Remonstrance of the same Commissioners to the Convention of Estates in July thereafter, concerning the Dangers of Religion, and the Remedies of these Dangers: which Warning and Remonstrance at that time had, by the blessing of GOD, very good and comfortable effects. And now the Generall Assembly it self, being by a speciall Providence, and upon extraordinary occasions called together, while GOD is writing bitter things against this land in great Letters, which he that runs may read: and knowing that we cannot be answerable to GOD, nor our own consciences, nor the expectation of others, if from this chief Watch-Tower we should give no Seasonable Warning to the City of GOD: While we think of these things; For Sions sake we will not hold our peace, and for Jerusalems sake we will not rest: trusting that GOD will give, though not to all, yet to many, a seeing Eye, a hearing Ear, and an understanding Heart: For who is wise and he shall understand these things, prudent and he shall know them: For the Wayes of the Lord are right, and the just shall walk in them, but the transgressors shall fall therein, and the wicked shall do wickedly and none of the wicked shall understand.

That which we principally intend, is to hold forth (so farre as the Lord gives us light) how this Nation ought to be affected with their present Mercies and Judgements; What use is to be made of the Lords dealings: And, what is required of a people so dealt with.

Had we been timely awaked, and taken warning, either from the exemplary judgements of other Nations; or from Gods threatnings by the mouths of his servants amongst our selves; or from our owne former visitations, and namely, The Sword, threatned and drawn against us, both at home and from abroad, but at that time through the forbearance of GOD, put up in the Sheath again, wee might have prevented the miseries under which now we groane. But the Cup of trembling, before taken out of our hands, is again come about to us, that wee may drink deeper of it: And although when these bloody Monsters, the Irish Rebels, together with some degenerate, unnaturall, and perfidious Countreymen of our own, did first lift up their heads, and enter this Kingdome in a hostile way, it was looked upon as a light matter, and the great judgement which hath since appeared in it, not apprehended: yet now wee are made more sensible, that they are The rod of Gods wrath, and the staffe in their hand, which hath stricken us these three times, is his indignation. He hath shewed his people hard things, and made us to drink the wine of astonishment. Take we therefore notice of the hand that smiteth us, for affliction cometh not forth of the dust, neither doth trouble spring out of the ground. There is no evill in the City nor Countrey which the Lord hath not done. He it is that formeth the light, and createth darknesse; Who maketh peace, and createth evill; He it is that hath given a charge to the Sword, so that it cannot be still: He it is that hath his other Arrows ready upon the string to shoot at us, the Pestilence and Famine.

In the next place, let us apply our hearts to know, and to search, and to seek out wisdome, and the reason of things, and to understand the language of this present judgment, and Gods meaning in it: For though the Almighty giveth not an accompt of any of his matters, and hath his way in the sea, and his path in the deep waters which cannot be traced; Yet he is pleased by the light of his Word and Spirit, by the voice of our own consciences, and by that which is written and ingraven upon our judgement, as with the point of a Diamond and a Pen of iron, to make known in some measure his meaning unto his servants. GOD hath spoken once, yea twice, yet man perceiveth not; Therefore now hath he made this rod to speak aloud the third time, that we may hear the voice of the rod, and who hath appointed it. That which the rod pointeth at, is not any guilt of Rebellion or disloyaltie in us, as the sons of Belial do slander and belye the Solemne League and Covenant of the three Kingdoms, which we are so farre from repenting of, that we cannot remember or mention it without great joy and thankfulnesse to GOD, as that which hath drawn many blessings after it, and unto which GOD hath given manifold and evident testimonies, for no sooner was the Covenant begun to bee taken in England, but sensibly the condition of affairs there was changed to the better; and though a little before the Enemy was coming in like a Flood, yet as soon as the Spirit of the Lord did lift up the Standard against him, from that day forward the Waters of their Deluge did decrease.

And for our part, our Forces sent into that Kingdom, in pursuance of that Covenant, have been so mercifully and manifestly assisted, and blessed from Heaven (though in the mids of many dangers and distresses, and much want and hardship) and have been so farre instrumentall to the foyling and scattering of two principall Armies; First, the Marquesse of Newcastle his Army, And afterward, Prince Ruperts and his together; And to the reducing of two strong Cities, York and Newcastle, that we have what to answer the Enemy that reproacheth us concerning that Businesse, and that which may make iniquitie it self to stop her mouth. But which is more unto us than all Victories, or whatsomever temporall Blessing, The Reformation of Religion in England, and Uniformity therein between both Kingdoms (a principal end of that Covenant) is so far advanced, that the English Service-Book, with the Holy-dayes, and many other Ceremonies contained in it, together with the Prelacy, the fountain of all these, are abolished and taken away by Ordinance of Parliament; and a Directory for the Worship of GOD in all the three Kingdoms agreed upon in the Assemblies, and in the Parliaments of both Kingdoms, without a contrary voice in either; the Government of the Kirk by Congregational Elderships, Classical Presbyteries, Provincial and National Assemblies, is agreed upon by the Assembly of Divines at Westminster, which is also voted and concluded in both Houses of the Parliament of England: And what is yet remaining of the intended Uniformitie is in a good way; So that let our Lot fall in other things as it may, the Will of the Lord be done; In this we rejoyce, and will rejoyce, that our Lord Jesus Christ is no loser, but a Conquerour, that his Ordinances take place, that his Cause prevaileth, and the work of purging and building his Temple goeth forward, and not backward. Neither yet are we so to understand the voice of the rod which lyeth heavy upon us, as if the Lords meaning were to pluck up what he hath planted, and to pull down what he hath builded in this Kingdom, to have no more pleasure in us, to remove our Candlestick, and to take his Kingdom from us: nay, before that our GOD cast us off, and the glory depart from Israel, let him rather consume us by the Sword, and the Famine, and the Pestilence, so that he will but keep his own great Name from reproach and blasphemy, and own us as his people in Covenant with him. But now there is hope in Israel concerning this thing, we will beleeve that we shall yet see the goodnesse of the Lord in the Land of the living: We will not cast away our confidence of a blessed peace, and of the removing of the scourge and casting it in the Fire, when the Lord hath by it performed his whole Work upon mount Sion and Jerusalem, much more will wee be confident of the continuance of the blessings of the Gospel, that glory may dwell in our Land. This is the day of Jacobs trouble, but he shall be saved out of it: And the time is comming, when a new Song shall be put in our mouths, and we shall say, This is our God, we have waited for him, and he hath saved us. Though the Lord smite us, it is the hand of a Father, not of an Enemy, he is not consuming us, but refining us, that we may come forth as Gold out of the Fire. We are troubled on every side; yet not distressed; we are perplexed, but not in despaire; persecuted, but not forsaken; cast downe, but not destroyed. We know assuredly there is more mercy in emptying us from Vessell to Vessell, then in suffering us to settle on our Lees, whereby our taste should remain in us, and our sent not be changed.

These things premised, we come to the true language of this heavy judgement, and to the reall procuring causes thereof. For the transgression of Jacob is all this, and for the sins of the house of Israel. God is hereby shewing to great and small in this Land their work and their transgression, that they have exceeded. He openeth also their eare to discipline, and commandeth that they return from iniquity. We leave every Congregation in the Land, every Family in every Congregation, and every Person in every Family to examine their own hearts and wayes, and to mourn for Congregationall, Domesticall, and Personall sinnes: Cursed shall they be who have added fuell to the fire, and now bring no water to extinguish it, who had a great hand in the provocation, and bear no part in the humiliation.

Let every one commune with his own conscience, and repent of his, even his wickednesse, and say, What have I done? Wee shall here touch onely the Nationall sinnes, or at least more publick ones, then those of a Family or Congregation, which we also intend for chief causes of a publick Fast and Humiliation. If among our Nobles, Gentrie, and Barons, there have been some studying their own private interests more then the publick, and Seeking their own things more then the things of Christ, or oppressing and defrauding the poorer sort and the needie, because it was in the power of their hand: and if among our Ministrie there have been divers Time servers, Who have not renounced the hidden things of dishonesty, whose hearts have not been right before God, nor stedfast in his Covenant, who have been secretly haters of the Power of Godlinesse, and of Mortification; shall not GOD search all this out? who will bring to light the hidden things of darknesse, and will make manifest the counsels of the hearts. In these also leaving all men to a judging and searching of themselves, there are many other provocations which are apparent in all or many of this Nation, from which, though they wash with nitre, and take much sope, yet they cannot make themselves clean: Because of these the Land mourneth, and at these the Sword striketh.

As first, the contempt, neglect, and dis-esteem of the glorious Gospel; our unbelief, unfruitfulnesse, lukewarmnesse, formality, and hardnesse of heart, under all the means of Grace; our not receiving of Christ in our hearts, nor seeking to know him, and glorifie him in all his Offices. The power of Godlinesse is hated and mocked by many to this day, and by the better sort too much neglected, and many Christian duties are not minded: as, The not speaking of our own words, nor finding of our own pleasure upon the Lords day: Holy and edifying conference both on that day, and at other occasions: The instructing, admonishing, comforting, and rebuking one another, as Divine Providence ministreth occasion. In many Families almost no knowledge nor worship of GOD to be found: yea, there are among the Ministers who have strengthened the hearts and hands of the profane more then of the godlie, and have not taken heed to the ministrie which they have received of the Lord to fulfill it.

Next, GOD hath sent the Sword to avenge the quarrell of his broken Covenant: For besides the defection of many of this Nation under the Prelats from our first Nationall Covenant, a sinne not forgotten by GOD, if not repented by men as well as forsaken, our latter Vows and Covenants have been also foully violated, by not contributing our uttermost assistance to this Cause, with our Estates and Lives; by not endeavouring with all faithfulnesse, the discovery, triall, and condigne punishment of Malignants, and evil Instruments; yea, by complying too much with those, who have not onely born Armes, and given their personall presence and assistance, but also drawn and led on others after them in the shedding of our Brethrens blood: Therefore is our sinne made our punishment, and We are filled with the fruit of our own wayes. These horns now push the sides of Judah and Jerusalem, because the Carpenters when they ought and might, did not cut them off: And yet to this day the course of Justice is obstructed: The Lord himself will execute justice if men will not. But above all, let it bee deeply and seriously thought of, that our Covenant is broken by the neglect of a reall Reformation of our selves and others under our power: let every one ask his own heart what lust is mortified in him, or what change wrought in his life since, more then before the Covenant! Swearing, Cursing, Profanation of the Lords day, Fornication, and other uncleannesse, Drunkennesse, Injustice, Lying, Oppression, Murmuring, Repining, and other sorts of Prophanenesse still abound too much both in the Countrey and in our Armies: yea, there is no Reformation of some members of publick Judicatories, which is a great dishonour to God, and a foul scandall to the whole Nation.

Thirdly, we have not glorified God according to the great things which he hath done for us, nor made the right use of former mercies: since he loved us (a Nation not worthy to be beloved) he hath made us precious and honourable, but we have not walked worthy of his love: We waxed fat and kicked, forsaking God who made us, and lightly esteeming the Rock of our salvation. And this great unthankfulnesse filleth up our Cup.

Fourthly, Notwithstanding of so much guiltinesse, we did send forth our Armies, and undertake great services presumptuously, without repentance, and making our peace with God, like the Children of Israel, who trusting to the goodnesse of their cause, minded no more, but which of us shall goe up first.

It is now high time, under the feeling of so great a burden both of sinne and wrath, to humble our uncircumcised hearts, to put our mouth in the dust, if so be there may be hope, to wallow our selves in ashes, to clothe our selves with our shame as with a garment, to justifie Gods righteous judgements, to acknowledge our iniquitie, to make our supplication to our Judge, and to seek his face, that he may pardon our sinne, and heal our Land. The Lord roareth, and shall not his children tremble? The God of glory thundereth, and the Highest uttereth his voice, hailstones and coales of fire, who will not fall down and fear before him? The fire waxeth hot, and burneth round about us, and shall any sit still and be secure? The storm bloweth hard, and shall any sluggard be still asleep? This is a day of trouble, and of rebuke, and of blasphemy, who will not take up a lamentation? Let the Watchmen rouse up themselves and others, and strive to get their own, and their peoples hearts deeply affected, and even melted before the Lord: Let every one turn from his evill way, and cry mightily to God, and give him no rest till he repent of the evill, and smell a savour of rest, and say, It is enough. He hath not said to the seed of Jacob, Seek ye me in vain. Wee do not mourne as they that have no hope, but we will bear the indignation of the Lord, because wee have sinned against him, untill he plead our cause, and execute judgement for us. And what though our Candles be put out; so that our Sun shine: What though our honour be laid in the dust; so that GOD work out his own honour, yea, our happinesse out of our shame. In vain have wee trusted to the arm of Flesh: in the Lord our GOD is the salvation of Israel. No flesh must glory before him, but he that glorieth, must glory in the Lord.

These duties of Humiliation, Repentance, Faith, Amendment of life, and Fervent Prayer, though the principall, yet are not all which are required at the hands of this Nation, but men of all sorts and degrees, must timely apply themselves to such other Resolutions and Actions as are most suteable and necessary at this time: Which that all may the better understand, and bee excited and encouraged to act accordingly, let it be well observed, that the present state of the Controversie and Cause is no other but what hath been formerly professed before GOD and the World, that is, The Reformation and Preservation of Religion, The Defence of the Honour and Happinesse of the King, and of the authority of the Parliament, together with the maintenance of our Lawes, Liberties, Lives, and Estates. We are not changed from our former principles and intentions, but these who did fall off from us to the contrary party, have now made it manifest, that these were not their ends when they seemed to joyn with us: Therefore are they gone out from us, because they were not of us. And as our Cause is the same, so the danger thereof is not lesse, but greater then before, and that from two sorts of Enemies: First, from open Enemies, we mean those of the Popish, Prelaticall, and Malignant Faction, who have displayed a Banner against the Lord, and against his Christ, in all the three Kingdoms, being set on fire of Hell, and by the speciall inspiration of Satan, who is full of fury, because he knowes he hath but a short time to reigne. The Cockatrice before hatched, is now broken forth into a Viper. The danger was before feared, now it is felt; before imminent, now incumbent; before our division, now our destruction is endeavoured; before the Sword was fourbished and made ready, now the Sword is made fat with Flesh, and drunk with Bloud, and yet it hungreth and thirsteth for more. The Queen is most active abroad, using all means for strengthening the Popish, and suppressing the Protestant party; insomuch that Malignants have insolently expressed their confidence, that her journey to France shall prove a successefull Counsell, and that this Island, and particularly this Kingdome, shall have a greater power to grapple with, before the next Summer, then any which yet we have encountred with. The Irish Rebels have offered to the King to send over a greater number into both the Kingdomes: The hostile intentions of the King of Denmark, if God be not pleased still to divert and disable him, do plainly enough appear from his own Letters, sent not long since to the Estates of this Kingdome. In the mean time, the hellish crue under the conduct of the excommunicate and forefaulted Earle of Montrose, and of Alaster Mac-Donald, a Papist and an Outlaw, doth exercise such barbarous, unnaturall, horrid, and unheard-of cruelty, as is above expression: And (if not repressed) what better usage can others not yet touched expect from them, being now hardened and animated by the successe which God hath for our humiliation and correction, permitted unto them: and if they shall now get leave to secure the High-Lands for themselves, they will not onely from thence infest the rest of this Countrey, but endeavour a diversion of our forces in England, from the prosecution of the ends expressed in the Covenant of the three Kingdoms, toward which ends, as their service hath been already advantageous, so their continuance is most necessary.

The second sort of Enemies, from which our present dangers arise, are secret Malignants and Dis-covenanters, who may be known by these and the like Characters: Their slighting or censuring of the publick Resolutions of this Kirk and State: Their consulting and labouring to raise Jealousies and Divisions, to retard or hinder the execution of what is ordered by the publick Judicatories: Their slandering of the Covenant of the three Kingdomes and Expedition into England, as not necessary for the good of Religion, or safety of this Kingdome, or as tending to the diminution of the Kings just power and greatnesse: Their confounding of the Kings Honour and Authority, with the abuse and pretence thereof, and with Commissions, Warrants, and Letters, procured from the King, by the Enemies of this Cause and Covenant, as if we could not oppose the latter, without encroaching upon the former: Their whetting of their tongues, to censure and slander those whom GOD hath honoured as his chief Instruments in this Work: Their commending, justifying, or excusing the proceedings of James Grahame, sometime Earl of Montrose, and his Complices: Their conversing or intercommuning by word or writ, with him, or other excommunicate Lords, contrary to the nature of that Ordinance of Christ, and to the old Acts of Generall Assemblies: Their making merry, and their insolent carriage, at the news of any prosperous successe of the Popish and Malignant Armies in any of these Kingdomes: Their drawing of Parties and Factions, to the weakning of the common Union: Their spreading of Informations, That Uniformitie in Religion, and the Presbyteriall Government, is not intended by the Parliament of England: Their Endeavours, Informations, and Sollicitations, tending to weaken the hearts and hands of others, and to make them withhold their assistance from this Work.

Let this sort of bosome Enemies, and dis-affected Persons, be well marked, timely discovered, and carefully avoided, lest they infuse the poyson of their seducing counsels into the mindes of others: Wherein let Ministers be faithfull, and Presbyteries vigilant and unpartial, as they will answer the contrary to GOD, and to the Generall Assembly, or their Commissioners.

The cause and the dangers thereof being thus evidenced, unlesse men will blot out of their hearts the love of Religion, and the Cause of GOD, and cast off all care of their Countrey, Lawes, Liberties, and Estates, yea, all naturall affection to the preservation of themselves, their Wives, Children, and Friends, and whatsoever is dearest to them under the Sun (all these being in the visible danger of a present ruine and destruction) they must now or never appear actively, each one stretching himself to, yea beyond his power. It is no time to dally, nor go about the businesse by halfes, nor by almost, but altogether zealous: “Cursed be he that doth the Work of the Lord negligently, or dealeth falsely in the Covenant of God.” If wee have been so forward to assist our Neighbour Kingdomes, shall wee neglect to defend our own? Or shall the Enemies of GOD be more active against his Cause, than his People for it? GOD forbid. If the Work being so far carried on, shall now mis-carry, and fail in our hands, our own consciences shall condemne us, and posterity shall curse us: But if wee stand stoutly and stedfastly to it, the pleasure of the Lord shall prosper in our hands, and all Generations shall call us blessed.

Let Ministers stir up others by free and faithfull preaching, and by admonishing every one of his duty, as there shall be occasion: And if it shall be the lot of any of them to fall under the power of the Enemy, let them through the strength of Christ, persevere in their integrity, choosing affliction rather then sin, glorifying GOD, and not fearing what Flesh can do unto them.

Let our Armies beware of ungodlinesse, and worldly lusts, living godly, soberly, and righteously, avoyding all scandalous carriage, which may give occasion to others to think the worse of their Cause and Covenant, and remembring that the eyes of GOD, Angels, and Men are upon them: Finally, renouncing all confidence in their own strength, skill, valour, and number, and trusting only to the God of the Armies of Israel, who hath fought, and will fight for them.

Let all sorts both of high and low degree in this Kingdome, call to minde their Solemne Covenants, and pay their vows to the most High; and namely, that Article of our first Covenant, which obligeth us not to stay nor hinder any such Resolution, as by common consent shall be found to conduce for the ends of the Covenant, but by all lawfull means to further and promove the same; Which lyeth as a bond upon peoples consciences, readily to obey such orders, and willingly to under go such burdens, as by the publick and common resolution of the Estates of Parliament, are found necessary for the prosecution of the War; considering that the Enemy cannot bee suppressed without a competent number of Forces, and Forces cannot be kept together without maintenance, and maintenance cannot be had without such publick Burdens; which however for the present, not joyous, but grievous, yet it shall be no grief of heart afterwards, even unto the common sort, that they have given some part of their necessary livelihood, for assisting so good a Work. It is far from our thoughts, that the pinching of some, should make others superfluously to abound: It is rather to bee expected of the richer sort, that they will spare and defalk, not onely the pride and superfluity, both of apparell and diet, but also a part of their lawfull allowance in these things, to contribute the same as a free-will-offering, beside what they are obliged to, by Law or publick Order, after the example of godly Nehemiah, who for the space of twelve years, while the walls of Jerusalem were a building, did not eat the bread of the Governour, that he might ease by so much the Peoples Burthens and Bondage.

In our last Covenant, there is another article which (without the oblivion or neglect of any of the rest) we wish may be well remembred at this time; namely, That we shall assist and defend all that enter into this League and Covenant, in the maintaining and pursuing thereof, and shall not suffer our selves, directly or indirectly, by whatsoever Combination, Perswasion, or Terror, to be divided and withdrawne from this blessed Union and Conjunction, whether to make defection to the contrary part, or to give our selves to a detestable indifferency or neutrality in this Cause: According to which Article, mens reality and integrity in the Covenant, will be manifest and demonstrable, as well by their omissions, as by their commissions; as well by their not doing good, as by their doing of evil; He that is not with us, is against us; and he that gathereth not with us, scattereth. Whoever he be that will not, according to publick order and appointment, adventure his Person, or send out these that are under his power, or pay the Contributions imposed for the maintenance of the Forces, must be taken for an Enemie, Malignant, and Covenant-breaker, and so involved both into the displeasure of GOD, and Censures of the Kirk, and no doubt into civil punishments also to be inflicted by the State.

And if any shall prove so untoward and perfidious, their iniquitie shall be upon themselves, and they shall bear their punishment: Deliverance and good successe shall follow those who with purpose of heart cleave unto the Lord, and whose hearts are upright toward his glory. When wee look back upon the great things which GOD hath done for us, and our former deliverances out of several dangers and difficulties which appeared to us insuperable, experience breeds hope: And when we consider how in the midst of all our sorrows and pressures, the Lord our God hath given us a naile in his holy place, and hath lightned our eyes with the desireable and beautiful sight of his own glory in his Temple, we take it for an argument that he hath yet thoughts of peace, and a purpose of mercy toward us; Though for a small moment he hath forsaken us, yet with great mercies he will gather us: Hee hath lifted up our Enemies, that their fall may be the greater, and that he may cast them downe into desolation for ever. Arise, and let us be doing; The Lord of Hosts is with us, the God of Jacob is our Refuge.

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Act against Lykwakes.

WHEREAS the corrupt Custome of Lykwakes hath fostered both Superstition and Profanitie through the Land; This present Assembly Discharges the same in time comming; And appoints Presbyteries To take speciall care for trying and censuring the Transgressors of this Act within their severall Bounds.

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Act recommending to Sessions To have the Printed Acts of Assemblie.

THE Generall Assembly, considering how necessar it is, That every Session in a Parish have the Acts of the Assembly for their use, Doth therefore seriously recommend to every Parish and Session To buy the Printed Acts of the Assembly; and Ordains Presbyteries To crave account hereof from every Minister, before their going to Provinciall Assemblies: And likewise, That every Provinciall Assembly, crave account from Presbyteries in their trials, if every Session be so provided, and that they try the diligence of Presbyteries and Ministers used for that effect.

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13 Februar. 1645. Post meridiem. Sess. Ult.
Act for censuring the Observers of Yule-day, and other superstitious dayes, especially if they be Schollars.

THE Generall Assembly taking to their consideration, The manifold Abuses, Profanitie, and Superstitions, committed on Yule-day, and some other superstitious dayes following, Have unanimously concluded, and hereby Ordains, That whatsoever Person or Persons hereafter shall be found guilty in keeping of the foresaid superstitious dayes, shall be proceeded against by Kirk Censures, and shall make their publick Repentance therefore in the face of the Congregation where the offence is committed: And that Presbyteries and Provinciall Synods Take particular notice how Ministers try and censure Delinquents of this kinde, within the severall Parochines. And because Schollars and Students give great scandal and offence in this, That they (being found guilty) be severely disciplined and chastised therefore by their Masters: And in case the Masters of Schools or Colledges be accessorie to the said superstitious profanitie, by their connivence, granting of liberty of Vacance to their Schollars at that time, or any time thereafter, in compensation thereof, That the Masters be summoned by the Ministers of the Place to compeir before the next ensuing Generall Assembly, there to bee censured according to their trespasse: And if Schollars (being guilty) refuse to subject themselves to Correction, or be Fugitives from Discipline, That they be not received in any other Schoole or Colledge within the Kingdom.

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Act for encouragement of Schollars to Professions in Schooles.

IN respect of the paucitie of men, fit and willing to professe Divinitie in the Schooles, by reason that few frame their studies that way, The Generall Assembly thinks it fit, That the Provincials diligently consider and try who within their Bounds most probably may bee for a Profession in the Schooles, And report their names to the following Generall Assembly, that such may be stirred up and encouraged by the Generall Assembly, to compose and frame their studies, that they may be fit for such places.

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Act for restraining Abuses at Pennie-Brydals.

THE Generall Assembly, considering the great profanitie and severall Abuses which usually fall forth at Pennie-Brydals, proving fruitful Seminaries of all lasciviousnesse and debaushtrie, as well by the excessive number of people conveened thereto, as by the extortion of them therein, and licentiousnesse thereat, To the great dishonour of GOD, the scandall of our Christian Profession, and prejudice of the Countreys welfare; Therefore they Ordain every Presbyterie in this Kingdome, To take such speciall care for restraining these Abuses flowing from the causes foresaid, as they shall think fit in their severall bounds respective: And to take a strict accompt of every Minister and Session of their obedience to the Ordinance of the Presbyterie thereanent, at the Visitation of every Parish Kirk in their Bounds.

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Act Discharging deposed Ministers to be reponed to their former Places.

THE Generall Assembly, considering the manifold prejudices redounding to the Kirk in Generall, and private Congregations in particular, through the restoring of Ministers once deposed to the same places wherein formerly they served: As also, how derogatorie it would prove to the weight of that sentence of Deposition; Do therefore Ordain, That no Minister deposed, shall be restored again into that place where formerly he served.

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Renovation of the Commission for the publick Affairs of the Kirk.

THE Generall Assembly taking to their consideration, That in respect the great Work of Uniformitie in Religion in all his Majesties Dominions, is not yet perfected, (though by the Lords blessing there is a good progresse made in the same) there is a necessity of renewing the Commissions granted formerly for prosecuting and perfecting that great Work; Doe therefore Renew the Power and Commission granted for the publick Affairs of the Kirk by the Generall Assembly, held in S. Andrews in the year 1642, upon the fifth day of August post meridiem, Sess. 12. And by the Generall Assembly held in Edinburgh in the year 1643, upon the 19. day of August, Sess. ult. And by the late Generall Assembly held at Edinburgh in the year 1644, upon the third of June, Sess. 6, to the Persons afternamed, viz. M. Andrew Ramsay, M. Alex. Henderson, M. Robert Douglas, M. William Colvil, M. William Bennet, M. George Gillespie, M. John Oswald, M. Mungo Law, M. Robert Lawrie, M. John Adamson, D. John Sharp, M. George Leslie, M. Andrew Fairfowle, M. David Calderwood, M. Andrew Blackhall, M. James Fleeming, M. Robert Ker, M. John Macghie, M. John Dalyell, M. Andrew Stevenson, M. Robert Lauder, M. James Robertson, M. Patrick Sibbald, M. Robert Carson, M. Alex. Spittall, M. Alex. Dickison, M. James Smith, M. John Gibbison, M. James Symson, M. Ephraim Melvill, M. Alex. Somervell, M. Robert Eliot, M. George Bennet, M. Robert Blair, M. David Forret, M. Arthur Mortoun, M. Samuel Rutherfurd, D. Alex. Colvill, M. Andrew Bennet, M. James Wedderburn, M. Walter Greg, M. John Moncreiff, M. John Smith, M. Frederick Carmichael, M. Patrick Gillespie, M. John Duncan, M. James Sibbald, M. Robert Bruce, M. John Hume at Eccles, M. Mungo Dalyell, M. Alex. Kinneir, M. Thomas Ramsay, M. William Turnbull, M. James Guthrie, M. Thomas Donaldson, M. William Jameson, M. David Fletcher, Andrew Dunkison, M. Robert Murray, M. David Weemes, M. John Hall, M. John Freebairn, M. David Drummond at Creiff, M. George Murray, M. Henry Guthrie, M. Robert Wright, M. Andrew Jaffray, M. Bernard Sanderson, M. Alex. Tran, M. Thomas Chalmers, M. Andrew Lawder, M. Hugh Henderson, M. John Levingstoun, M. James Blair, M. James Bonar, M. John Burne, M. John Bell, M. Hugh Mackale, M. Matthew Birsbane, M. David Elphingstoun, M. David Dickson, M. George Young, D. John Strang, M. Robert Baillie, M. Patrick Sharp, M. Robert Birnie, M. Evan Camron, M. George Symmer at Megle, M. Andrew Fleck, M. Patrick Lyon, M. John Lindsay, M. Sylvester Lammie, M. George Fogo, M. David Strachan, M. Andrew Cant, M. William More, M. William Davidson, M. John Paterson, M. William Jaffray, M. Thomas Mitchell, M. George Cummin, M. Joseph Brodie, M. William Lawder, M. David Rosse, M. Ferquhard Makclennan, Ministers; And Archbald Marquesse of Argyle, John Earle of Crawfurd-Lindsay, Alexander Earle of Eglintoun, William Earle of Glencarne, John Earle of Cassils, Charles Earle of Dumfermeling, James Earle of Tullibardin, John Earle of Lauderdale, James Earle of Annandale, William Earle of Lothian, James Earle of Queenesberry, William Earle of Dalhousie, William Earle of Lanerik, Archbald Lord Angus, Vicount of Arbuthnet, James Vicount of Frendraught, Alexander Lord Garleis, James Lord Johnstoun, John Lord Yester, John Lord Balmerino, Alexander Lord Balcarras, John Lord Loure, John Lord Barganie, Sir Patrick Hepburn of Wauchtoun, Sir John Hope of Craighall, Sir Archbald Johnstoun of Waristoun, Sir David Hume of Wedderburn, Frederick Lyon of Brigtoun, Sir Alexander Areskine of Dun, Alexander Fraser of Phillorth, Sir William Baillie of Lammingtoun, Haddin of Glennegies, Sir Thomas Ruthven of Freeland, James Macdougall of Garthland, Sir Alexander Murray of Blackbarronie, William Drummond of Rickartoun, Sir William Scott of Hardin, Sir Andrew Ker of Greenhead, Sir William Stuart of ______ Sir Alexander Shaw of Sauchie, Alexander Brodie of that Ilk, M. George Hume of Kimmerjame, Sir John Smith, M. Alexander Colvill Justice Depute, John Binnie, Archbald Sydserf, Laurence Henderson, James Stuart, Gilbert Sommervell, John Semple, M. Robert Barclay, Patrick Leslie, James Law, M. Robert Cuninghame, George Gardin, William Glendunning, Elders. And for discharging the said Commission, Appoints the persons aforesaid, or any ninteene of them, whereof fifteen shall be Ministers, to meet at Edinburgh upon the 14. of this moneth of February and upon the second Wednesday of May, August, November, and of February next to come, and upon any other day, or in any other Place they shall think meet. Giving unto them full power and Commission to do all and every thing for prosecuting, advancing, perfecting, and bringing the said Work of Uniformity in Religion in all his Majesties Dominions to an happy conclusion, conforme to the former Commissions granted by the saids Assemblies thereanent: And further, Renewes to the Persons afore-named, the power contained in the Act of the said Assembly, 1643, Intituled, A Reference to the Commission anent the Persons designed to repair to the Kingdom of England; As also the power contained in two severall Acts of the said late Assembly 1644. Sess. 6. made Against secret dis-affecters of the Covenant, and, For sending Ministers to the Army: With full power to them, to treat and determine in the matters aforesaid, and in all other matters referred unto them by this Assembly, as fully and freely, as if the same were here particularly expressed, and with as ample power as any Commission of former Generall Assemblies hath had, or been in use of before; They being alwayes for their whole proceedings countable to, and censurable by the next Generall Assembly.

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Renovation of the Commission to the Persons appointed to repair to the Kingdom of England, for prosecuting the Treaty of Uniformitie in Religion.

THE Generall Assembly, Taking to their consideration, that the Treaty of Uniformity in Religion in all his Majesties Dominions is not yet perfected, though by the Lords blessing there is a good progresse made in the same, Do therefore Renew the Power and Commission granted to the Persons formerly nominate by the two preceding Assemblies, and by their Commissioners sitting at Edinburgh; for prosecuting the said Treatie of Uniformitie with the Honourable Houses of the Parliament of England, and the Reverend Assembly of Divines there, or any Committees appointed by them, Giving unto them full power to do all and every thing which may advance, perfect, and bring the said Treatie to an happy conclusion, conforme to the former Commissions granted to them thereanent.

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The Generall Assemblies Answer to the Right Reverend the Assembly of Divines in the Kirk of England.

Right Reverend and welbeloved
in the Lord Jesus,

AMIDST the manifold troubles in which this Kingdome hath been involved, and under which it still laboureth, we greatly rejoyced when it was testified unto us by our reverend Brethren, and under your hands in your Letter, and these Papers by them presented to us from you, what progresse you had made in the much desired Work of Uniformitie; and acknowledge, that the same hath comforted us concerning our work and toile of our hands, and seemeth to us as an olive branch, to prognosticate the abating of the waters, which overflow the face of the Earth.

When we consider, that you have walked in pathes unusuall, which have not been haunted by Travellers there, as the publick way, though pointed out as the good old way by the Reformed Kirks, we do not wonder that you have carefully adverted in every step to set foot upon sure ground; When we behold that strong and high tree of Episcopacie so deeply rooted by continuance of time not lopped of the Branches, and the stumpe of the root left in the Earth, with a band of iron and brasse, but pluckt up by the roots; We do confesse that the Carpenters, though prepared, have a hard task, requiring time to hew it down, and root it up: And when we call to minde how much the Service-Book hath been cryed up as the only way of GODS Worship, how many thereby have had their wealth, and how difficill it is to forgoe the accustomed way; We admire the power and wisdom of the good GOD who hath prospered you in your way, and led you this length, through so many straits, and over so many difficulties in so troublous a time.

We do for our part not only admit and allow, but most heartily and gladly embrace the Directory of Worship, as a common Rule for the Kirks of GOD in the three Kingdoms, now more straitly and firmly united by the Solemne League and Covenant; And we do all in one voice blesse the Lord, who hath put it in the hearts, first, of the Reverend, Learned, and Pious Assembly of Divines, and then, of the Honourable Houses of Parliament, To agree upon such a Directory as doth remove what is none of Christs, and preserve the purity of all his Ordinances, together with Uniformity and Peace in the Kirk. Only we have thought necessary, to declare and make known, That the Clause in the Directory for the administration of the Lords Supper, which appointeth the Table to be so placed that the Communicants may orderly sit about it, or at it, is not to be interpreted, as if in the judgement of this Kirk it were indifferent for any of the communicants not to come to and receive at the Table; or as if we did approve the distributing of the Elements by the Ministers to each Communicant, and not by the Communicants among themselves: In which particulars, we still conceive and beleeve the order and practice of our own Kirk, To be most agreeable and sutable to the Word of GOD, the example of our Lord Jesus Christ, and the nature of that Heavenly Feast and Table. Neverthelesse, in other particulars we have resolved, and do agree, to do as ye have desired us in your Letter, That is, not to be tenacious of old Customs, though lawfull in themselves, and not condemned in this Directory, but to lay them aside for the nearer Uniformitie with the Kirk of England, now nearer and dearer to us than ever before; A Blessing so much esteemed, and so earnestly longed for among us, that rather than it faile on our part, we do most willingly part with such practices and customs of our own, as may be parted with safely, and without the violation of any of Christs Ordinances, or trespassing against Scripturall Rules, or our solemne Covenants.

We do in like manner agree to, and approve the Propositions touching Kirk-government and Ordination; and have given power to our Commissioners who are to meet in Edinburgh, to agree to, and conclude in our Name an Uniformitie therein, betwixt the Kirks in both Kingdoms, so soon as the same shall be without any substantiall alteration Ratified by an Ordinance of the Honourable Houses of the Parliament of England, according to our Act of Approbation sent to our Commissioners with you.

As for the returning of our Commissioners; though the counsel and assistance of our Reverend Brethren might be of good use to us in these difficult times, and their particular stations and imployments importune the stay of these who are come unto us, and the returne of these who stay with you; yet preferring the publick good, and looking upon the profit may redound unto all by their continuing with you, we have satisfied your desire, and renewed their commission; Praying GOD they may (as we are confident they shall) prove answerable to our trust, and to your expectation.

Concerning one Confession of Faith, and Forme of Catechisme, we apprehend no great difficultie. And to that which remains to be perfected in the matter of Kirk-government, we do beleeve, and both you and we know by experience, that there is no word impossible with our God. He that hath begun a good work among you, will also perform it of his good pleasure. Go on in the Lord your strength and the Spirit of truth lead you in all truth: The God of all grace and peace that brought again from the dead our Lord Jesus that great shepherd of the sheep, through the blood of the everlasting Covenant, and by him hath called us unto his eternall glory, make you perfect in every good work to do his will, working in you, and by you, and among you, that which is well pleasing in his sight, stablish, strengthen, settle you, through Jesus Christ our Lord.

Subscribed in name of the Generall Assembly of the Kirk of Scotland, by the Moderator of the Assembly.

Edinburgh 13 Feb. 1645.

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To the Kings Most Excellent Majestie, The humble Remonstrance of the Generall Assembly of the Kirk of Scotland, met at Edinburgh the 13 day of February, 1645.

AS our Record is on high, and our consciences within us bear us witnesse, so the many former Supplications and Remonstrances to your Majestie, from this Kirk and Kingdome, our solemne Covenants, and the whole course of our proceedings from time to time in the prosecution of this Cause, Do make known to the World, and we trust also to your own conscience, our loyaltie and faithfull subjection, and how far our intentions are from the diminution of your Majesties just Power and Greatnesse; And although the successe of many of our humble addresses to your Majesty, hath been such as did frustrate our desires and hopes, yet this hath not blotted out of our hearts our loyaltie, so often professed before God and the World; but it is still our Souls desire, and our Prayer to God for you, that your Self and your Posterity may prosperously reigne over this your ancient and Native Kingdome, and over your other Dominions. And now as we have published a solemn and free Warning to the Noblemen, Barons, Gentlemen, Burrows, Ministers, and Commons of this Kingdome, concerning the present affliction of this Nation, and their sins procuring the same; So when we call to minde, that God accepteth not the persons of men, and that the greatest are not to be winked at in their sins; We assure our selves, that the best and most reall testimony which we can give at this present, of the tendernesse and uprightnesse of our affection to your Majesties true Happinesse, is this our humble and faithfull Representation of your Majesties great and growing dangers, and the causes thereof; Of which, if we should be silent, our consciences would condemne us, and the stones themselves would immediately cry out.

The troubles of our hearts are enlarged, and our fears increased in your Majesties behalf, perceiving that your Peoples patience is above measure tempted, and is like a Cart prest down with sheaves, and ready to break, while as beside many former designes and endeavours to bring desolation and destruction upon us, (which were (and we trust all of that kinde shall be) by the marvellous and mercifull providence of God discovered and disappointed.) Our Countrey in now infested, the blood of divers of our Brethren spilt, and other acts of most barbarous and horrid cruelty exercised, by the cursed crew of the Irish Rebels and their Complices in this Kingdome, under the conduct of such as have Commission and Warrant from your Majestie. And unlesse we prove unfaithfull both to God and to your Majestie, we cannot conceale another danger which is infinitely greater than that of your Peoples displeasure: Therefore we the servants of the most high GOD, and your Majesties most loyall Subjects, in the humility and grief of our hearts, fall down before your Throne, and in the Name of our Lord and Master Jesus Christ, who shall judge the world in righteousnesse, both great and small, and in the Name of this whole Nationall Kirk, which we represent, We make bold to warn your Majesty freely, that the guilt which cleaveth fast to your Majesty and to your Throne, is such, as (whatsoever flattering preachers, or unfaithfull counsellours may say to the contrary) if not timely repented, cannot but involve your Self and your Posterity under the wrath of the ever-living GOD, For your being guiltie of the shedding of the blood of many thousands of your Majesties best Subjects; For your permitting the Masse, and other Idolatry, both in your own Family, and in your Dominions; For your authorizing by the Book of Sports, the profanation of the Lords Day; For your not punishing of publick scandals, and much profanenesse, in, and about your Court; For the shutting of your eares from the humble and just desires of your faithfull Subjects; For your complying too much with the Popish party many wayes, and namely, by concluding the Cessation of Armes in Ireland, and your embracing the counsels of those who have not set GOD nor your good before their eyes; For your resisting and opposing this Cause, which so much concerneth the glory of GOD, your own honour and happinesse, and the peace and safetie of your Kingdomes; and for what other causes your Majesty is most conscious, and may best judge and search your own conscience (nor would we have mentioned any particulars, if they had not been publike and knowne.) For all which it is high time for your Majesty to fall down at the footstool of the King of Glory, to acknowledge your offence, to repent timely, to make your peace with GOD through Jesus Christ, (whose blood is able to wash away your great sinne) and to be no longer unwilling that the Son of GOD reign over you and your Kingdoms in his pure Ordinances of Church-government and Worship. These things if your Majesty do, it shall be no grief of heart unto you afterward, a blessing is reserved for you, and you shall finde favour with GOD, and with your People, and with all the Churches of Christ; But if your Majesty refuse to hearken to this wholsome counsell (which the Lord forbid) we have discharged our own consciences, we take GOD and Men to witnesse That we are blamelesse of the sad Consequences which may follow, and we shall wait upon the Lord, who, when he maketh inquisition for blood, will not forget the cry of the humble. In the mean while, beseeching your Majesty to take notice That we are not staggering or fainting through diffidence of the successe of this Cause and Covenant of the three Kingdoms, unto which, as GOD hath already given manifold Testimonies of his favour and blessing; so it is our stedfast and unshaken confidence, that this is the Work and Cause of GOD, which shall gloriously prevail against all opposition, and from which, with the assistance of the grace of GOD, we shall never suffer our selves to be divided or withdrawn, but shall zealously and constantly in our severall Vocations, endeavour with our Estates and Lives, the pursuing and promoving thereof.

That which we have concluded concerning Uniformity in Religion between both Kingdoms, is to be humbly offered to your Majestie from the Commissioners of this Kingdom, for your Royall Consent and Ratification. Although your Majestie was not pleased to vouchsafe us the presence of your Commissioner, according to the supplication of the Commissioners of the preceding Generall Assembly, yet we have proceeded with as much respect to your Majesties honour, and as much remembrance of our duty, as if your Royall Person had been present in the mids of us: And we shall still continue our Prayers for you, that GOD would graciously incline your heart to the counsels of Truth and Peace, and grant unto your Majestie a long and happy Raign, that we may live under you a peaceable and quiet life, in all Godlinese and Honestie.

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The Assemblies Answer to their Commissioners at London.

Reverend and Beloved Brethren,

THESE sweet Fruits of your long continued Labours in the Work of the Lord entrusted to you, brought to us at this time by these two of your number, whom you were pleased to send, were received by us with no small joy and rejoycing, as being, in great part, the satisfaction of our Souls desire, in that so much longed for, so much prayed for happy Uniformity of these Kirks and Kingdoms: And an evident Demonstration to us, that the Lord hath not, even in this time of his seen and felt displeasure, so covered himself with the cloud of his anger, that our Prayers should not passe through.

The great and main difficulties through which the Lord hath carried this Work, as we do acknowledge, ought mainly to be made use of, for the praise and glory of his power, who is the great worker of all our works for us; So your overcoming of them is to us no small Demonstration of your zeal, wisdom, and faithfulnesse, which without great injurie both to the Lord the prime Worker, and to you his Instruments, we cannot but acknowledge, hath been much manifested in the whole managing of this work in your hands.

The full answer to all the particulars you write of in your Letters, we leave to the Relation of those that come from you, and are now appointed to return to you: And as with much thankfulnesse we acknowledge your fidelity in what ye have done already; so we have again renewed your Commission for the continuance of your Imployment there, for the perfecting of the Work so happily begun: For the furthering whereof, as we shall not be wanting in our prayers to GOD for his blessing upon your labours, so for your help and assistance, we have appointed a commission to sit at Edinburgh, to which at all occasions you may have your recourse, as the exigence of the Work shall require.

How satisfactory that Directory of Worship presented to us by our Brethren from you, was to us, we leave it rather to their relation at their return, being ear and eye-witnesses to the manifold expressions of our joy and gladnesse, then offer to represent it to you in a Letter. The Act herewith sent, and ordained to be prefixed unto the Directory, will sufficiently declare our hearty approbation of it: Our judgement also concerning the propositions of Government and Ordination, and our earnest desire to have the Work of Uniformity promoved and perfected in that particular also, will appear to you by the other Act which herewith you will receive: Our zeal and desire to have that Work fully closed with so much harmonie as becometh the Work of GOD, will appear to you in our resolution and answer to that particular in the point of Excommunication, concerning which you write.

These particular differences hinted at in the Assemblies Letter, for Uniformitie with that Kirk so much endeared to us, we have resolved to lay aside, and have taken course for preserving harmonie amongst our selves, whereof our Brethren will give you more particular account. Anent your desire of Mr Alexander Henderson his attending the Treatie, we are confident ere this you have received our resolution.

Amidst the many difficulties wherewith it pleaseth the Lord to presse us, as we thought it necessar to publish and send forth a Warning to all sorts of Persons in this Kirk and Kingdom, concerning the present affliction of this Nation, and their sins procuring the same; So we thought it incumbent to us in duty, as the best Testimony which we can give at this present to his Majesty, to remonstrate unto him faithfully The great and growing dangers his Majesty is now under, and the causes thereof. This Remonstrance we have sent to you, to be presented to his Majesty, by such means, and at such time, as you who are there upon the place shall judge fittest.

And now dear Brethren, go on with cheerfulnesse in the Work of the Lord: Let no discouragement or opposition make your heart to faint, or your hands wax feeble: Perswade your self the Lords hand shall still be made known toward his servants, and his indignation against his Enemies. Remember the Work is his, who useth not to begin, but also to make an end, and is abundantly able to supply all your need according to the riches of his glory. Be confident therefore of this thing, that he who hath begun this good Work by you, will also in due time accomplish it to his own praise. To his gracious assistance we heartily recommend you.

Subscribed in name of the Generall Assembly of the Kirk of Scotland, by the Moderator of the Assembly.

Postscript.—It is earnestly desired That the Directorie for Worship be sent to Ireland, and that you recommend to the honourable Houses of the Parliament, To think upon the best way for the establishment and practice of it in that Kingdom. And that the like course may be taken with the government, and other parts of the Uniformity, so soon as they shall be agreed upon.

Edinburgh 13 Feb. 1645.

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THE Generall Assembly Recommends to Presbyteries, To consider these matters referred to their consideration by preceding Assemblies; and to report their judgement therein to the next Assembly.

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THE Generall Assembly Appoints the meeting of the next Assembly to be at Edinburgh the first Wednesday of June, in the yeer 1646.

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Index of the Acts of this Assembly.
Not Printed.

1.—The Remonstrance sent to the Kings Majestie from the Commissioners of the preceding Assembly, concerning the dyet, and occasion of the meeting of this Assembly. Sess. 1.

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

3.—Report of M. Robert Baillie, and M. Geo. Gillespie, of the progresse of the Treatie for Uniformity. Sess. 2.

4.—Appointment of Committees for the Directory, and for Bills, Appeals, &c. Ib.

5.—Ref. of the Petitions from Ireland to the Committee of Bills. Sess. 3.

6.—Letter to M. James Martin for intimating the Deposition of M. William Barclay. Ib.

7.—Acts appointing M. James Nasmith to attend the Lord Montgomeries Regiment; M. Arthur Granger, Liev. Generall Baillie his Regiment; and M. Thomas Wilkie to the E. Lothians Regiment. Ib.

8.—Ref. of the Lord Gen. Letter to the Presbytery of Edinburgh. Ib.

9.—Ref. of the Petition of M. James Hammiltons wife to the Committee for the Directory. Ib.

10.—Recommendation to the Parliament for Ministers losses. Sess. 4.

11.—Committee concerning Bursars. Ib.

12.—Committee to conferre with the Lord Ogilvie. Sess. 5.

13.—Act ordaining the Presbytery of Hammiltoun to proceed against M. John Rae for refusing the Covenant. With an Ordinance for giving in to the Clerk the report of M. John Hammiltouns subscribing the Covenant, and of the Excommunication of D. Hammiltoun. Ib.

14.—Act discharging the relaxation of Nath. Gordoun, with a reference concerning the same to the Commissioners of this Assembly. Ib.

15.—Committee for examining the witnesses against M. John Robertson, and M. John Fyfe. Ib.

16.—The Solemne League and Covenant of the three Kingdomes, (which is not here printed, because already printed by Ordinance of the Commission of Assembly 1643. and universally subscribed) with an Approbation of the Ordinances, and the diligence of the Commissioners of Assembly for receiving thereof, &c. Ib.

17.—Committee concerning Col. Areskines Regiment. Sess. 6.

18.—Committee appointed to speak with Col. Monro, concerning Letters sent from the Officers of the Army in Ireland. Ib.

19.—Committee for examining witnesses against M. James Oliphant. Ib.

20.—Invitation of all who had scruples concerning the Directory, to addresse themselves to that Committee, with a reference to the said Committee concerning uniformity of practice of the Directory in this Kirk. Ib.

21.—Committee to conferre with the young Laird of Drum. Ib.

22.—Appointment of M. Hugh Henryson to Col. Stuarts Regiment. Sess. 7.

23.—Committee for hearing M. James Wood, and the Commissioners from S. Andrews and Aberdene. Ib.

24.—Recommendation of Barbara Means Petition to the Parliament. Ib.

25.—Recommendation to the Parliament concerning the Army in Ireland. Ib.

26.—Invitation again of all that had scruples or doubts concerning the Directory, to addresse themselves to the Committee for resolution. Ib.

27.—Recommendation to the Parliament of the Petition of the Hospitall of Leith. Sess. 8.

28.—Recommendation to the Parliament of the Petition of the Kirk of Drummen. Ib.

29.—Refer. of the Petition from the Northwest parts of Ireland to the Committee of Bills. Ib.

30.—Recom. for a charitable supply to the people in and about Borrowstounnesse, visited with the plague. Ib.

31.—Transportation of M. James Wood to S. Andrews. Ib.

32.—Commission for Masters Alexander Blair Minister at Galstoun, Robert Hammiltoun Minister at Ballentrae, to go to Ireland for the first three moneths, beginning the first day of July. Masters Samuel Row Minister at Kirkmabrek, Alexander Levingstoun Minister at Carmichael for the next three moneths, beginning the first day of October: and Masters Henry Colwart Minister at Pasley, and Henry Semple Minister at Killearne, beginning the first of January next. Sess. 9.

33.—Act for Ministers to the Earle of Lanerick’s Regiment of Horse. Ib.

34.—Sentence absolvitour of Master James Lichtoun. Ib.

35.—Act for Ministers to L. Balgonie and L. Kirkcudbrights Regiments. Ib.

36.—Committee for Colon. Areskines Regiment. Ib.

37.—Committee for conferring with the Laird of Drums second son, and their report. Sess. 10.

38.—The Directory for publick Worship in the three Kingdoms. Ib.

39.—Committee for presenting the Directory to the Parliament. Ib.

40.—Act for planting the Kirk of Tarbet. Ib.

41.—Committee appointed to assist the Petition given in to the Parliament, for trying and executing some Witches. Sess. 11.

42.—Committee appointed to visit young Drum. Ib.

43.—Refer. to the Commission at Edinburgh, for planting the Kirk of Hammiltoun. Ib.

44.—Exemption of M. Alexander Balnaves, from going to Kirkcudbrights Regiment. Ib.

45.—Refer. to the Commission at Edinburgh, for planting the Kirk of Mauchline. Ib.

46.—Committee appointed for considering the best means for planting the Kirk and new Colledge of Aberdene. Ib.

47.—My Lord Angus, and the Laird of Lammingtouns submission to the Assembly, with the Assemblies determination, concerning the planting of the Kirk of Lammingtoun. Ib.

48.—Recom. of M. Andro Macghie to the Presbyterie of Hadingtoun. Ib.

49.—Recom. of M. William Young to the Presbyterie of Glasgow. Ib.

50.—Recom. concerning the new Kirk of Carsfarne to the Parliament. Ib.

51.—Committee appointed to consider of the way for Printing M. Rob. Boyd of Trochrigs Works. Ib.

52.—Ref. to the Commission at Edinburgh, for revising the Labours of a Brother, upon the continuation of the History of this Kirk, and thereafter to cause Print them with consent of the Authour. Ib.

53.—Approbation of the Report, concerning the injuries done to M. John Burne in London-Darie, with a Recom. thereof to the Parliament, and a Letter to the Commissioners at London. Sess. 12.

54.—Two Acts concerning James Murray. Ib.

55.—Appointment of the Commissioners of Presbyteries, to give in a lite of the Excommunicate Persons within their bounds to the Clerk. Ib.

56.—Committee for assisting the Petition to the Parliament, for the necessities of the Army in Ireland. Ib.

57.—Recom. of M. John Williamson to the Presbyterie of Saint Andrews. Ib.

58.—Tryall of the Books of the Synods of Lothian, Dumfreis, Glasgow, Aberdene, and Rosse, which were onely produced. Ib.

59.—Admission of the Excuses for not production of the Bookes of Fyfe, Angus, and Perth. Ib.

60.—Recom. of Sir James Hopes Petition to the Presbyterie of Lanrick. Ib.

61.—Recom. to the Parliament, concerning Suspensions against Ministers and Universities. Ib.

62.—Recom. of M. Thomas Boyd to the Presbyterie of Glasgow. Ib.

63.—Recom. M. John Bruce to the Parliament and Commission, for Plantation of Kirks. Ib.

64.—Recom. of the Petition of the Synod of Galloway to the Parliament, concerning Thomas Mackee. Ib.

65.—Recom. of the Petition of the Inhabitants of the Chanrie of Rosse to the Parliament, and to the Commission for planting of Kirks. Ib.

66.—Recom. of the Petition of M. Archbald Maccorquodill, Student in S. Andrews, to D. Colvill Professour of Divinity there. Ib.

67.—Recom. of the Petition of the Parochiners of Pasley to the Commis. of Parl. for planting Kirks. Ib.

68.—Recom. of M. Robert Torres to the Commission of Parliament, for Plantation of Kirks. Ib.

69.—Recom. to the Parliament, of the Petition of the Ministers upon the Borders, concerning the insolencie of Moss-Troupers. Ib.

70.—Recom. of the Petition of the unprovided Ministers within the Provinces of Aberdene, Murray, and Rosse to the Parliament, and Commission of Parliament for Plantation of Kirks. Ib.

71.—Recom. to the Parliament, for changing the Fairs upon Mundayes to some other day. Ib.

72.—Ref. to the Presbyterie of Lochmaben, for going on in the processe against M. Geo. Pryde. With a Recom. to E. Hartfell, to possesse the Minister to the Kirk, And concerning M. Tho. Chambers Gleib. Ib.

73.—Two Letters from the Commissioners at London. Sess. 13.

74.—Act authorizing Master Alexander Henderson to assist the Commissioners of Parliament in the Treatie at Uxbridge, in matters concerning Religion. Ib.

75.—Ref. of the Proposition concerning Excommunication to the Committee for the Directory. Ib.

76.—Ref. of the Propositions concerning Government to the Committee for the Directory. Ib.

77.—Deposition of M. George Halyburtoun. Ib.

78.—Renovation of the Commission, for trying and censuring the Ryot of Stanikirk. Sess. 14.

79.—Renovation of the Commission, for visiting the Universitie of S. Andrews. Ib.

80.—Renovation of the Commission, for visiting the Universitie of Glasgow. Ib.

81.—Indiction of a Fast. Ib.

82.—Committee for presenting the Petition to the Parliament. Ib.

83.—Act for a Minister to preach to the Lord Uchiltrie in the Blacknesse. Ib.

84.—Ordinance for M. James Campbell, his attending my Lord Coupers Regiment. Ib.

85.—Invitation of any that had doubts concerning the Propositions of Government, &c. to come to the Committee for Resolution. Ib.

86.—Ordinance for M. John Govans repairing to my Lord Kirkcudbrights Regiment. Ib.

87.—Recom. to the Presbyteries of Linlithgow and Stirling, for a voluntar Contribution of Clothes to the Earl of Calendars Regiment. Ib.

88.—Act for admitting M. James Levingstoun Minister to the E. of Calendars Regiment. Ib.

89.—Ordinance for M. John Hoomes attendance for the E. of Lanricks Regiment of Foot. Ib.

90.—Ref. to the Presbyterie of Peebles, to consider M. Robert Scots Bill, and to appoint another of their number to Balgonies Regiment, in case his reasons be found good. Sess. 15.

91.—Ref. M. Alexander Robertson to the Commission at Edinburgh. Ib.

92.—Act concerning the admission of M. David Houstoun to the Kirk of Tyrie. Ib.

93.—Deposition of M. John Grahame. Ib.

94.—Recom. of the Petition concerning the Kirk of Logie-Montrose to the Parliament, or their Commission for the Plantation of Kirks. Ib.

95.—Recom. of M. James Hammiltoun his reliefe to the Parliament. Sess. 16.

96.—The Propositions of Government and Ordination. Ib.

97.—Act concerning the Printing of M. Robert Boyds Commentar upon the Ephesians. Ib.

98.—Act discharging the Printing or Re-printing of the said Commentarie, and of the continuation of the History of the Kirk, and of M. David Dicksons short Explication of the Apostolicall Epistles, without the consent of M. John Boyd, and of the Authors of the other Works respective, With a Recommendation to the Parliament for their authority to that effect. Ib.

99.—Warrant for Printing M. Robert Boyds Opuscula. Ib.

100.—Recommendation of the Kirk of Calder to the Parliament. Ib.

101.—Recommendation of the petition of M. Alexander Trotter to the Commission of Parliament for plantation of Kirks. Ib.

102.—Reference to the Commission at Edinburgh for petitioning the Parliament That Commissions may be granted for visitation of Hospitals in every Province. Ib.

103.—Recommendation to the Synod of Aberdene, to crave account of the Laird of Drum his Bursars, and of any others in that Province. Ib.

104.—Sentence absolvitour of M. James Oliphant, with a rebuke and admonition of the particulars proven. Ib.

105.—Recommendation of M. John Weirs wifes Bill to the Parliament. Ib.

106.—Act giving Warrant to the Commissioners at London, to agree to the clause concerning Excommunication. Sess. 17.

107.—Act concerning the Earl of Athols right of presenting to the Kirk of Blair in Athol. Ib.

108.—Reference of a Bigamist to the Justice. Ib.

109.—Act giving power to M. John Stuart to preach at the Kirk of Dungarth, as an Expectant, while the Presbytery or Synod sit. Ib.

110.—Recommendation to the Parliament concerning Thomas Mackie. Ib.

111.—Act for intimating M. George Halyburtouns deposition. Ib.

112.—Act concerning the planting of the Kirk of Aberdour. Ib.

113.—Suspension of M. John Robertson. With a Reference to the Commission at Edinburgh for his further tryal and censure. Ib.

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114.—Deposition of M. John Fyfe. Ib.

115.—Recom. M. Samuel Rows petition to the Parliament. Ib.

116.—Commission for visitation of the University of Aberdene. Ib.

117.—Act for changing the Presbytery seat of Aberdene, from the old Town, to the new Town of Aberdene. Ib.

118.—Recommen. and Reference to the Commission at Edinburgh, for planting the Kirk and Colledge of Aberdene. Ib.

119.—Reference of the petition given in by M. Thomas Mitchel, from the Presbytery of Turreff, and the Vicount of Frendraught for himself, and in name of the Parochiners of Aberchirdour and Innerkethin, to the Commission appointed for visitation of the University of Aberdene. Sess. 18.

120.—Ref. of the Petition of the Commissioners of the Presbytery of Strabogie to the said Commission for visitation of Aberdene. Ib.

121.—Recom. to the Parliament of M. George Wisharts Bill for his maintenance. Ib.

122.—Ref. to the Commission at Edinburgh, for planting the Kirks of Edinburgh with three Ministers out of the Province of Lothian. Ib.

123.—Ref. to the said Commission at Aberdene, for tryall and censure of Master George Hannah. Ib.

124.—Ordinance for Master Alexander Moncreiffs repairing to my Lord Balcarras Regiment. Ib.

125.—Committee for presenting the Propositions of Government, and of the solemne Warning, to the Parliament. Ib.

126.—Recom. of Isabel Peebles Bill to the Parliament, and the Committee of losses. Ib.

127.—Ref. of Patrick Strauchan to the Presbytery of Deere. Ib.

128.—Deposition of Master James Row. Ib.

129.—Declaration in favours of Ministers that cannot keep their houses in thir times of troubles. Sess. 19.

130.—Ref. to the Commission of the Kirk of the Lord Ogilvies Bill, with a Reference to the Parliament of the latter part of it. Ib.

131.—Ref. of the Laird of Lamingtouns Bill to the Province of Glasgow. Ib.

132.—Act concerning Col. Areskines Regiment. Ib.

133.—Recommendation of the petition of the Parochiners of Larbar, to the Commission for plantation of Kirks. Ib.

134.—Commission for visitation of the Hospitals of Perth and Stirling. Ib.

135.—Recommendation of the education of the Lord Semples children to the Earle of Eglintoun. Ib.

136.—Ordinance to the Presbytery of Turreff, for excommunicating M. John Forbes, sometime Minister at Auchinles, and of M. William Lowman, sometime Minister at Cromartie. Ib.

137.—Ref. M. William Sibbald to the Presbyterie of Edinb. Ib.

138.—Ref. M. Alexander Robertson to the Presbyterie of Kincardin. Ib.

139.—Ref. of the tryall and censure of Master John Cheene to the Commission for visitation of the Universitie of Aberdene. Ib.

140.—Recom. of the Bill concerning the Theeves in the Borders to the Parliament. Ib.

141.—Commission for visitation of the Hospitals, and mortified moneyes within the Province of Aberdene. Ib.

142.—Commission for visitation of the Hospitals within the Province of Angus. Ib.

143.—Act in favours of the deposed Ministers referred unto the Commission of the Assembly at Edinburgh. Ib.

144.—Recommendation to the Parliament for punishing the murther of Master Patrick Lindsay. Ib.

145.—Recommendation to the Commission of the Assembly at Edinburgh, to present the Propositions of Government to the Parliament, and to receive their answer thereunto. Ib.

146.—Recommendation to the said Commission to urge all meanes for M. James Hammiltouns relief. Ib.

147.—Letter to the Brethren of the Ministerie in Ireland. Ib.

148.—Letter to Gen. Major Monro. Ib.

149.—Act appointing Mr Hugh Kennedie for the first three moneths, beginning the first of July, Mr. Andro Lawder for the second three moneths, Mr. George Hutchisone for the last three moneths to repair to London-Darie. Ib.

150.—Letter in favours of Margaret Thomson to the Presbytrie of Kirkcudbright. Ib.

151.—Ref. to the Commission of the Assembly sitting at Edinburgh, to present Overtures to the Parliament for the good of the Kirk, and advancement of Piety, and to prosecute these presented in the preceding Sessions of Parliament. Ib.

152.—Ref. to the said Commission To present an Overture to the Parl. that Presbyteries may plant the Kirks which are of the patronage of forfaulted and Excommunicate Persons. Ib.

153.—Ref. to the said Commission to present an Overture for restraining of Printing without Licence. Ib.

154.—Act appointing Master James Woods entrie to S. Andrews, To bee the first Tuesday of June. Ib.

155.—Ref. to the said Commission for presenting some Overtures to the Parliament, for restraining the education of Youth in the Colledge of Doway, or any other corrupt Colledge.

156.—Ref. of the Summonds against those that joyned with Montrose to the said Commission at Edinburgh. Ib.

157.—Ref. to the said Commis. concerning Witches and Charmers. Ib.

158.—Ref. to the said Commission To revise the Paraphrase of the Psalmes. Ib.

159.—Ref. to the said Commis. concerning the transplanting of M. Ja. Nasmith. Ib.

160.—Appointment of Master Robert Baillie, M. Geo. Gillespie, and the Lord Waristoun To repair to England with all diligence. Ib.

161.—Ref. of the Summonds against the Subscribers of the Declaration at Oxford to the said Comis. Ib.

162.—Recom. of some distressed Persons to the charity of Presbyteries and Synods. Ib.

FINIS.

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Miscellaneous Historical Documents,
RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1645.

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1. Excerpts from Principal Baillie’s Account of the Westminster Assembly, continued from page 414.
My Assembly Speech.

Right Honourable, Right Reverend Fathers and Brethren,—It is the joy of our heart, and the refreshing of our weariness, after a long and troublesome journey, to behold the chearful face of this most venerable assembly; whom we pray God to bless, and all these honourable companies we are come from, does heartily salute in the Lord.

Our main errand hither at this time is, as you all know, to give some account, as God shall enable our weakness, of the employment of your servants and commissioners, and our Honourable and Reverend Brethren at London, who now a whole year and divers months have, with all care, attended the assembly and parliament there, for the furthering and advancement in that uniformity in divine worship and church-government, which both nations have sworn in their Solemn League and Covenant. The success which God, according to your prayers, hath been pleased to grant to our labour, you will better see than we can report, in the papers which we have brought from the Honourable Houses of Parliament, to be communicate when your wisdom shall think it seasonable to call for them. The sum of all, as we conceive, is well expressed in the letter of our dear colleagues to this venerable meeting, which here we offer; as also in that other letter of that Reverend assembly at London to that same meeting, which here likewise we present.

We can add nothing to that which from these letters you will hear read; only with your Reverences permission and favour, we are bold to profess, that God has done great things for poor Scotland, wherein our hearts doth rejoice; and we are confident, that the hearts of the godly posterity will not only rejoice, but wonder, when they look back on the footsteps of the Lord in his glorious work. When the bishops of England had put upon the neck of our church and nation the yoke, first of their Episcopacy, then of their ceremonies, 3dly, the whole mass of a service-book, and with it the body of Popery; when both our church and state did groan under an insupportable slavery; to have been freed of these burdens; to have been restored unto the purity of our first reformation, and the ancient liberty of our kingdom; to have had bishops, ceremonies, book and state slavery reformed, we would lately have esteemed it a mercy above all our praises; but now, beholding the progress of the Lord, how he has led us by the hand, and marched before us to the homes and holds of our injurious oppressors; how there he has made bare his holy arm, and brought the wheel of his vengeance upon the whole race and order of prelates in England, and has plucked up the root, and all the branches of Episcopacy in all the King’s dominions; that an assembly and parliament in England unanimously, but which is their word, abolished not only these ceremonies which troubled us, but the whole service-book, as a very idol, so speak they also, and a vessel full of much mischief; that in place of Episcopacy a Scots presbytery should be concluded in an English assembly, and ordained in an English parliament, as it is already ordained in the House of Commons; that the practice of the church of Scotland, set down in a most wholesome, pious, and prudent directory, should come in the place of a liturgy in all the three dominions; such stories lately told, would have been counted fancies, dreams, mere impossibilities: yet this day we tell them as truths, and deeds done, for the great honour of our God, and, we are persuaded, the joy of many a godly soul. If any will not believe our report, let them trust their own eyes; for behold here the warrant of our words, written and subscribed by the hands of the clerks of the parliament of England, and the scribes of the assembly there. We will not descend into any particulars; for that were to take up more of your precious time than now you can spare; and it were needlessly to anticipate by discourse these things which presently, in particular and length, must be read unto you. Only it is our earnest desire, that the mercies whereof we are speaking, may be matter of thankfulness to all, a door of hope to fainting and feeble minds, who are oft miscarried with fear what yet may be the event; a certain ground of clear despair to all the enemies of Zion; that they may give over their vain labour, and cease to oppose the work of God, whether by their secret obstructions, or open hostility; knowing that it will be hard for them to kick against the pricks, and that there is neither wisdom nor strength against the Lord. Since the beginning of this work to this present moment, an observing and faithful eye may clearly remark the Lord still advancing like the morning sun, ever advancing towards the meridian; it is great folly to fear, that any man, that all the worms of the earth, can stop the progress of the sun in the firmament. Clouds may arise from the earth, and thick mists may darken the face of the sky; but the sun goes on in his course, and at last by his strength will dispel these vapours, and make them fall to the ground, not without the benefit of the earth. This will doubtless be the end of these clouds that now fill our air. Let them yet further break out in more stormy winds, in greater fires and claps of thunder than ever; yet at last this must be their destiny, to the ground they must fall, and fill the ditches and pits of God’s vengeance. Our sun will shine, and our air will clear again. This we must believe, and, according to our faith, we shall certainly find it. It was indeed very needful that we should be humbled; our nation lately was advanced to a high pitch of honour; we might have perished worse, if we had not perished thus. We judge truly, that all our present troubles are not so much interruptions of the work, as very fit and seasonable preparatives to make us capable of more honour than yet we have attained; to fit us to be instrumental in greater works and services than yet we have been employed in. We all hope, that the chariot of the Lord will not here stand, nor be arrested within the compass of this isle.

To Mr William Spang. London, April 25, 1645.

On Thursday we were brought to the assembly. I spoke what you have in the inclosed. Mr Gillespie spoke thereafter much to the same purpose. Because of the longing desire of all to know what we brought, and to deliver the minds of some from their fears, lest we had other things than we at first would bring forth, all was presently read; the letters of the English assembly, our commissioners letters, the directory from end to end, the directory for ordination, the votes of government so far as had passed the assembly, and some other papers. All was heard with great applause, and contentment of all. It was one of the fairest assemblies I had seen; the choicest of the ministry and elders of all Scotland well conveened; almost the whole parliament, nobles, barons, burghs, and all the considerable persons who were in town. Our message was exceeding opportune, and welcome to all. It was a great refreshing to them in a time of languishing and discouragement. A numerous committee was appointed to examine all punctually, which we were desired to attend. In five or six days we went through, and, by God’s assistance, gave all men satisfaction in every thing. The brethren from whom we expected most fashry were easily satisfied; all did lovingly condescend to the alterations I had so much opposed, whereof I was very glad: only Mr And. R. was oft exceeding impertinent with his ostentation of antiquity, and Mr D. Calderwood was oft fashious with his very rude and humorous opposition: yet we got them all at last contented; and the act, which Mr Gillespie drew very well, consented to, in the committee first, and thereafter in the assembly, with a joy unspeakable, blessed be God.

Thereafter we gave to the committee like satisfaction anent the other papers whereupon they were to have the assembly’s opinion, but no act till they had passed the houses of the English parliament. When we had thus far proceeded, I went to Glasgow, to see my family and friends, after sixteen months’ absence; where, to my great joy, I found all in health and welfare as I could wish; your mother also, and sundry friends whom I saw, blessed be God. I had left with sundry in the assembly to deal for my abode at home; but there was no remeid; both of us were ordained with diligence to go back; so all that concerned myself in private and publick went according to my mind. But for all this, my wine was incontinent mixed with much wormwood from sundry sinistrous accidents both in England and Scotland. The Independents, with Mr Marshall’s help, were very near to have carried, by canny conveyance of some propositions in the matter of church-censure, a fair and legal toleration of their way; but their legerdemain being perceived, was got crushed, to their small credit, and to the break-neck of that accommodation betwixt us and them, which was far advanced, but now, by their schismatick practices, is made desperate. * * *

We have great toil here in the church-business. We are on the point of setting up presbyteries and synods in London; but all the ports of hell are opened upon us. * * *

A Publick Letter. London, April 25, 1645.

Affairs here stand thus, so far as I understand. The assembly hath now, I may say, ended the whole body of the church-government, and that according to the doctrine and practice of the church of Scotland, in every thing material. We have been these two or three weeks on additional propositions, which seemed to be wanting for the making of the rest practicable and perfect; these also we have ended, except one or two, which I trust at our next session we shall pass. There will then remain no more for the government, but the methodizing and wording of these matters, that they may be transmitted to the houses of parliament for their authority. The catechism, and Confession of Faith, are put in the hands of several committees, and some reports are made to the assembly concerning both. We expect not so much debate upon these, as we have had in the directory and government. The Independents, these six weeks, have not much troubled the assembly; for after we had been a long time troubled with their opposition to all things, it was found meet to put them to declare their mind positively what they would be at. This they have shifted to this day, as it was thought not fully agreeing among themselves; but now being put peremptorily to it, they could not get it declined. Since, they have been about that task, and we expect daily when they shall present to us their platform of church-government. The assembly purposes not to take it into publick debate, but to give it to some committee that they may frame an answer to it, if so it be found convenient. The Houses have past of our votes of government, purposing quickly to erect the ecclesiastical courts, of sessions, presbyteries, and synods, and thereafter to pass so much of our government as they think necessary. We will have much to do with them to make sundry of our votes pass; for most of their lawyers are strong Erastians, and would have all the church-government depend absolutely on the parliament; for this end they have past a vote in the House of Commons, for appeals from sessions to presbyteries, from these to synods, from these to national assemblies, and from these to the parliament. We mind to be silent for some time on this, lest we mar the erection of the ecclesiastick courts; but when we find it seasonable, we mind to make much ado before it go so. We are hopeful to make them declare, they mean no other thing, by their appeals from the national assembly to a parliament, than a complaint of an injurious proceeding; which we never denied.

* * * *
For Mr Robert Ramsay. May 4, 1645.

The assembly having put the Independents to shew what positively is their judgement in things controverted, we have been quit of their cumber these six or seven weeks. Every day this month we have been expecting their positive tenets, but as yet we have heard nothing of them; only in their sermons in the city they are deviating more and more towards old and new errors, especially liberty of conscience. Their ways are daily more and more disliked. The directory is so far from being cried down as fools say there, that there is an ordinance of parliament coming out for the practice of it, if it be not changed, that I will be caution few shall dare to contemn, either that whole book, or any part of it. We have these fourteen days been upon our advice to a subcommittee of the House of Commons, anent the execution of our votes of government: for it is the work of that subcommittee to draw two ordinances; the one, for the practice of the directory, wherein their punishment is as rigorous, if it be not mitigated, for the contemners of any part of that book as it was before to the contemners of their religion. For preachers, or writers, or publishers, against it, were they Dukes and Peers, their third fault is the loss of all their goods, and perpetual imprisonment. The other ordinance is for the erection of ecclesiastick courts over the whole kingdom. For their help herein, they called the ministers of London to advise them for their city, and they sent to the assembly for their advice anent the rest of the kingdom. The city-ministers have sent them their unanimous advice (for of 121 city-ministers, there are not three Independents) for planting, just after our Scottish fashion, an eldership in every congregation; of fourteen presbyteries within the lines of communication, every one consisting of ministers betwixt twelve and sixteen, and also many ruling elders; and of a provincial Synod for London and ten miles round about. The assembly have presented their advice this day. We went through this forenoon-session unanimously what concerns provincial and national assemblies, as yesterday what concerned presbyteries, and the days before congregational elderships. They have concluded provincial synods twice a-year, presbyteries once a-month, and national assemblies once a-year; and after, every one of these as it shall be needful. Herein the greatness of this nation forces them to differ from us with our good liking. Their provincial assemblies cannot consist of all the ministers, but of so many delegated from every presbytery; for in sundry of their provinces will be above 600 churches, which would make at least 1200 members in a provincial synod: also their national assembly is constitute of three ministers and two ruling elders, deputed, not from every presbytery, but as it is in France and Holland, from every provincial synod, whereof there will be at least sixty. We shortly expect an ordinance according to our advice, and the execution presently upon the back of it. Our next work will be the Confession and Catechism, upon both which we have already made some entrance.

* * * *
To Mr William Spang.

The condition of our church affairs is good. We are at a point with the government, and beginning to take the Confession of Faith and Catechism to our consideration. These eight days we have been on our advice for the manner of chusing of elders in every congregation, and division of the country into presbyteries and provincial synods. We hope now shortly, by God’s help, to see a synod and fourteen presbyteries in London, and a session in every church, just after the Scots fashion. But other matters are in a dangerous posture. Hurry and Montrose have fought a most bloody battle.

* * * *

The Erastian party in the parliament is stronger than the Independent, and is like to work us much woe. Selden is their head. If L’Emperour would beat down that man’s arrogance, as he very well can, to show, out of the Rabbins, that the Jewish state was diverse from their church, and that they held the censure of excommunication among them, and a double Sanhedrim, one civil, another ecclesiastick; if he would confound him with Hebrew testimonies; it would lay Selden’s vanity, who is very insolent for his Oriental literature. Also if any of you would meddle with Erastus, whom Beza, they say, durst never answer, it would do us a great deal of good.

* * * *
For my Lord Lauderdale.
Worcester-house, June 17, 1645.

My Lord Fairfax sent up, the last week, an horrible Antitriastrian; the whole assembly went in a body to the Houses to complain of his blasphemies. It was the will of Cromwell, in the letter of his victory, to desire the House not to discourage these who had ventured their lives for them, and to come out expressly with their much-desired liberty of conscience.

* * * *

I know how lazy soever, and tediously longsome, they be here, yet that they will be impatient of any long delay there in this work. If ever ye did God or your country, or the whole isle, service in your life, haste up these recruits to our army. There is no other way to make the King take reason in patience, also to bridle the insolency of wicked men.

* * * *
For Glasgow. June 17, 1645.

Since my last, June 3d, there is, by God’s mercy, a great change of affairs here. Our progress in the assembly is but small. We fell in a labyrinth of a catalogue of sins for which people must be kept from the sacrament, and ministers be deposed. When we had spent many days upon this, we found it was necessary to have an ________ and a general clause, whereby the presbyteries and synods behoved to be intrusted with many more cases than possibly could be enumerated. This retarded us so much, that yet it will be some days before the body of our government go up to the Houses. We have sent down the last fifty of the psalms. We wish they may be well examined there, that we may have your animadversions and approbation. Doubtless these new psalms will be a great deal better than the old.

* * * *

All would go well if it might please God to blink upon Scotland, to remove the three great plagues we hear that continue there, hardness of heart, the pestilence, and the sword. Our fasheries here are great and many; we wish, from our heart, to see a happy end, and to be at home.

* * * *
Publick Letter. July 1, 1645.

Little more progress is made in church-affairs. The assembly has been forced to adjourn on five divers occasions of fastings and thanksgiving lately, every one whereof took from us almost two days. When we sat we had no real controversy; only petty debates for alterations of words, and transposition of propositions, in the whole body of government, took up our time. Our luck will be very evil, if once this week, by God’s help, we do not at last put out of our hands to the Houses all that we have to say of government, the whole platform there really according to the practice of our church. Farther, order for the directory, after many debates, at last is passed the House of Commons; very near as severe an ordinance as that against the neglect of the service-book. Wednesdays and Fridays are set apart by the Houses for church-affairs, so we hope very shortly to see presbyteries and synods erected; yet what retardment we may have from this great victory, obtained most by the Independent party, and what that model of government, whereupon Thomas Goodwin and his brethren, these three months have been sitting so close, that they very rarely, and he never at all has yet appeared, we do not know; only we expect a very sharp assault, how soon we know not, for a toleration to we wot not what.

* * * *

July 8, 1645.—All the ministers in London now without exception are for our presbytery. Thomas Goodwin and Burton, that were against it, are put by the parliament from their places. Some other few preachers are but lecturers. The Independents yet present not their model. We suspect their domestick divisions, or their perplexity, whether to take in or hold out from amongst themselves the rest of the sectaries. If our army were in good case, by God’s blessing, all would settle quickly in peace; else, we are but in the beginning of confusions and troubles. The troubles in Scotland are but secondary evils. Your right eye would be on the affairs here, if you have either wisdom, or any love to yourselves. Mr Henderson is much tenderer than he wont. He and Mr Rutherford are gone this day to Epsom waters. So long as any thing is to do here, he cannot be away. I hope the rest of us ere long may be well spared, if once we had through the Catechism and a part of the Confession.

* * * *
To Mr William Spang. September 5, 1645.

This day we had a publick fast in all the churches within the lines for the miseries of Scotland. I confess I am amazed, and cannot see to my mind’s satisfaction, the reasons of the Lord’s dealing with that land. The sins of all ranks there I know to be great, and the late mercies of God, spiritual and temporal, towards them to have been many; but what means the Lord, so far against the expectation of the most clear-sighted, to humble us so low, and by his own immediate hand, I confess I know not.

* * * *

Yet all here is in the balance. In the assembly we are going on languidly with the Confession of Faith and Catechism. The minds of the divines are much enfeebled by the House their delay to grant the petition, a power to seclude from the table all scandalous persons as well as some. Mr Prin and the Erastian lawyers are now our remora. The Independents and sects are quiet, enjoying peaceably all their desires, and increasing daily their party. They speak no more of bringing their model in the assembly. We are afraid that this shameful and monstrous delay of building the Lord’s house, and their ingratitude and unkindness to us in our deep sufferings for them, will provoke God against them, which we oft earnestly deprecate; for their misery will be ours, and their welfare will profit all the Reformed churches I believe in time they will do all we desire.

* * * *
A Publick Letter. London, October 14, 1645.

For the great and seasonable mercies of God to desolate Scotland, our afflicted spirits do rejoice in God. Since he has begun to stretch out his arm for our deliverance, we hope he will not draw it back till he give us more matter of praise. We trust he will call back the destroying angel, and persecute the cruel enemy till he be no more. We hope the Lord will give repentance to that land, that after all these troubles we may be a holy and sanctified people; also, that those who ever have been but false-hearted, and now are discovered, and taken in the snare, will be so disposed upon, that they be no more able to serve the enemy.

* * * *

Great wrestling have we for the erecting of our presbytery. It must be a divine thing to which so much resistance is made by men of all sorts; yet, by God’s help, we will very speedily see it set up, in spite of the devil. We have great difficulties on all hands; yet if the Lord continue to blink in mercy upon Scotland, they will diminish. I long extremely to hear the condition of Glasgow, what the enemy has done in it, and how now it fares; what is become of my dear brethren and colleagues, and their families; and what of my own. We hear particularly from almost all the parts of Scotland weekly; but since that black day at Kilsyth, we have got nothing particularly from Glasgow.

* * * *

We were in a long expectation of a model from the Independents; but yesterday, after seven months waiting, they have scorned us. The assembly having put them to it, to make a report of their diligence, they gave us in a sheet or two of injurious reasons why they would not give us any reasons of their tenets. We have appointed a committee to answer that libel. We think they agree not among themselves, and that there are many things among them which they are loth to profess, which, by God’s help, ere long I mind to do for them in their own words. But our greatest trouble for the time is from the Erastians in the House of Commons. They are at last content to erect presbyteries and synods in all the land, and have given out their orders for that end; yet they give to the ecclesiastick courts so little power, that the assembly finding their petitions not granted, are in great doubt whether to set up any thing, till, by some powerful petition of many thousand hands, they obtain some more of their just desires. The only mean to obtain this, and all else we desire, is our recruited army about Newark. The inlacks of that army is the earthly fountain of all our difficulties here. If our distressed land be able to remeid it, it would be done quickly; else evils will grow both here and with you at home.

For Mr George Young. October, 1645.

Our hearts here are oft much weighted and wounded by many hands. Our wrestlings with devils and men are great. However the body of this people be as good as any people, yet they that rule all are much opposite to our desires. Some very few guide all now at their pleasure, only through the default of our army. For this long time they have not trusted us; but have had their secret fear of our colluding with the King.

* * * *

The faction that here prevails, minding liberty of conscience, and finding it impossible to gain us to oversee that so great a fault, have made that their work be to quit of us. They have occasioned many provocations, to vex us, and make us vex others. I cannot write the half of their unjust, proud, and unjust dealings.

* * * *

The assembly is much discouraged; they find their advice altogether slighted; a kind of presbytery set up; sects daily spreading over all the land, without any care at all to restrain them; a clear aim in the prevailing party to have a liberty universal; an utter dislike of our nation for opposing their designs, and driving it so high, that ways are studied, if no better may be, to break the union of the nations, and have us, for the carriage of our army, declared the first breakers to them, and dealt with us as such. We do what we are able to prevent mischief. We cry to God, who knows the honesty of our hearts, and the dishonesty of theirs; the cause of our engagement, and our huge suffering; their great ingratitude to us, and our great patience to them. It is gone already very high. We fear that they make Digby seem to deal with us, while they in truth know how to get the King from us to themselves on their own terms; and if we be not willing to compone in what terms, both for religion and state, they please, to cast us off; and for the recompence of all our labours, to turn on our poor, broken, distressed country the armies of both. The best way we know to prevent this, is to haste up our army, well recruited and disciplined, to Newark, having cashiered all who are the known instruments of debauchery, or can be proven to have kept correspondence with the enemy. This, in spite of the Independent plots, would help all: for the body of the parliament, city, and country, are for the presbytery, and love us, and hate the sectaries; but are all overwitted and overpowered by a few, whom the service and activeness of our army would undo.

* * * *
A Publick Letter. November 25, 1645.

In the assembly, we are going on with the Confession of Faith. We had long and tough debates about the decrees of election; yet thanks to God all is gone right according to our mind. That which has taken up much of the assembly’s time and mind, these six or seven weeks, is their manifold petitions to the parliament, for a full liberty to keep from the holy table all scandalous persons. The parliament calls this an arbitrary power, and requires the assembly to make an express enumeration of all the sins for which they intend to censure. After many returns, we gave them in an enumeration of many particulars, but withal craves a general clause to be added. We have some more hope to attain it by God’s help than before. This has been the only impediment why the presbyteries and synods have not been erected; for the ministers refuse to accept of presbyteries without this power. Had it been God’s will that our army this summer had done any service, we had long before this obtained all our desires: or yet, if we could send any considerable strength to Newark, we would have great influence in their counsels. All good men here desire the continuance of the union of the nations, and know, as well as we, that in that union the happiness of both doth consist, and in the breach of it the lasting miseries of both are certain ruin.

* * * *

The city, both magistrates and ministers, are now engaged, blessed be God, in very home and earnest petitions for the erection of general and provincial assemblies, of presbyteries and sessions, and all with their full power. The Independents in their last meeting of our grand committee of accommodation have expressed their desires for toleration, not only to themselves but to other sects. The parliament has no great inclination to satisfy either. What may come of this, we know not; only it were our heart’s desire that our army at Newark were recruited. Nothing is better for the good of Scotland, for the welfare of the whole isle, and the Protestant religion. If God make us either unable or unwilling to this, the loss will be great to us and all.

We go on daily in some proposition of the Confession of Faith: till this be ended we will not take in any more of the catechism. The psalms are perfected; the best that without all doubt ever yet were extant. They are on the press; but not to be perused till they be sent to you, and your animadversions returned hither, which we wish were so soon as might be. The Lord give our poor land the fruit of their grievous troubles, and haste their deliverance.

* * * *
To Mr William Spang.

We have had sundry meetings with them for accommodation both in the grand committee and sub-committees. We would, for peace’s cause, dispense with them in very many things; but they are peremptor they will not hear nor speak of any accommodation, but they will by all means have their separate churches. They plead for a toleration to other sects as well as to themselves; and with much ado could we get them to propone what they desired to themselves. At last they gave us a paper, requiring expressly a full toleration of congregations in their way every where, separate from ours. In our answer we flatly denied such a vast liberty, and backed it with reasons, and withal are begun to shew what indulgence we could, for peace sake, grant. Here Mr Marshal our chairman has been their most diligent agent, to draw too many of us to grant them much more than my heart can yield to, and which to my power I oppose. As yet we are not come to express our rash bounty, and some things have interveened from God, that I hope will stay the precipitancy of some whom I expected should have been more opposite to all toleration of separate congregations, than when it comes to a chock I found them. 1. Thomas Goodwin, the last meeting, declared publickly, that he cannot refuse to be members, no censure when members any for Anabaptism, Lutheranism, or any errors which are not fundamental, and maintained against knowledge, according to the principle in the Apologetick. This ingenuous, and most timeous, albeit merely accidental profession, has much allayed the favour of some to their toleration. 2. Some good friend has informed the city-ministers, that they in their meeting at Sion college, have resolved unanimously to petition the assembly against all such tolerations. 3. The other day Sey and Wharton moved in the House of Lords to adjourn, that is really to dissolve, the assembly. 4. The Independents are stickling too openly to have the common council of London modelled to their mind. 5. Instead of their long-expected model, they presented a libel of invectives as reasons why they would present no model to the assembly. This, underhand, they caused print; and when the assembly had drawn up a sober and true answer, and got an order from the House of Lords to print it, they make their friends in the House of Commons as yet to keep it in. All these are alarms to make us, if we be not demented, as many the best men here are, to be the more wary of their toleration.

We go on in the assembly now with pretty good speed in our Confession of Faith. We have passed the heads of scripture, God, Trinity, decrees, providence, redemption, covenant, justification, sanctification, free-will, sacraments in general, a part of perseverance, and of the Lord’s Supper.

* * * *
A Publick Letter. London.

However we wait daily on the assembly, yet our progress in the Confession of Faith is but slow. We have many diversions, many days of fasts and thanksgivings, with the days preceding them for preparation. The providing ministers to all vacant churches, even to remote shires, their trial and mission, lies on the assembly, and takes up almost every day too much of our time. The printing of the Bibles fashed us much before we could fall on the way to get them printed well for eight groats in octavo, with the marginal quotations, and for six or seven groats at most in 12mo unbound. This we hope will encourage poor people to buy Bibles. Also we are oft diverted with many by-questions from the House; yet we hope, by God’s grace, ere long to end the Confession. We stick long sometimes on scabrous questions; but that whereupon the eyes and hearts of all are fixed, is the settling of the government, and with it the toleration of sects. The greatest part of the parliament have been hitherto very __________ to do less in the one, and more in the other, than we could wish. Great struggling have we had, and yet we have much to do. God has helped us to get the body of the ministry of all the land to be cordially for us, and the city is now striking in; which we hope shall carry it, and get up a straighter government, and also exclude toleration of sects more than many men here do desire. We have had many bickerings with the Independents in the grand committee about an indulgence for their separate congregations. We have spent many sheets of paper on both sides. They have given in writs thrice, and we have as oft answered in writ. They are on their fourth writ. To these we must give a fourth rejoinder, and then come to debate verbally. For this point, both they and we contend tanquam pro aris et focis. Had it been God’s will to have made our army here this last year successful, we should have had few debates for any of our desires; but the calamities of our country, and weakness of our army, make the sects and their friends bold, and very insolent.

* * * *
To Mr William Spang.

This same day, the letter of our parliament is read; which, in high and peremptor terms, but yet wise and unchangeable terms, requires the settling of religion at last, according to the advice of the assembly, without all toleration of any schism.

* * * *
Publick Letter. London, December 2, 1645.

We make good progress in our Confession of Faith. It would be very satisfactory when the Lord gives it a conclusion. Our two great high businesses for the time, are the obtaining from the House a power to exclude all scandalous persons from the communion. We have stuck some months on that work. The city, both ministers and magistrates, have come down to put off our __________ __________ We expect, by God’s help, satisfaction in this. The other is our committee of accommodation, which will be a mighty business. The Independents here plead for a toleration both for themselves and other sects. My Dissuasive is come in time to do service here. We hope God will assist us to remonstrate the wickedness of such a toleration. Yet the assembly and city do cordially join with us in opposition to all such motion; and we hope the House shall never approve it. An accommodation in just terms we were well content with; but the Independents always scorned it. Yet ere long I think they will beg it when it will not be granted.

* * * *
For Mr Roberts.

Yesterday the assembly’s petition was frowned upon in both Houses; notwithstanding we purpose, God willing, on Thursday to give in a remonstrance of a more full and high strain, to be communicate to both Houses, and the assembly, on Friday, by the hand of the grand committee. What necessity there is of hastening your petition also, you may consider. I heard yesterday, that Mr Lilburn has a petition for the sectaries, subscribed with the hands of a great many thousands.

[See continuation of the Account of the Westminster Assembly, appended to the Acts of 1646.]

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Note of Proceedings in the Convention of Estates relative to the Church, betwixt the Assemblies of 1645 and 1646.

1645.

February 12. Act Discharging the Printing or Reprinting of some Books, (religious,) p. 167.

February 13. Act anent Printing of Warning from the Assembly. Ib.

March 8. Decreet of Forfeiture against the Earl of Montrose and his Assistants, for their Invasion in the South, p. 182. Decreet of Forfeiture against them for Invasion in the North. Ib. Act for Transplanting of the Kirk of Kirkmabreck. Ib. Act anent the Erection of a new Kirk in the Landward Parish of St Andrew’s. Ib. Act anent the Answer of the Estates to the Remonstrance of the Commissioners of the General Assembly, p. 187. Act anent the Erection of the Kirk of Carfern. Ib. Ratification in favour of the Principal and Second Ministers of Paisley, p. 188.

July 10. Act Restraining any to go out of the Country without License, p. 191.

August 2. Act of Approbation of the Directorie, and for recording, publishing, and practising of the same, conforme to the printed copy, p. 193.

August 7. Act against Swearing, Drinking, and Mocking of Piety, p. 195. Act for uplifting of Pecunial Pains to be bestowed upon Pious Uses. Ib.

December 18. Act anent the Training and Arming of the Fourth Man, p. 200.

December 26. Act for Publishing and Printing of the Declaration of the Commissioners of the General Assembly, p. 202. Answer of Parliament to the Remonstrance of the Kirk. Ib.

1646.

January 16. Decreets of Forfeiture against Sir Robert Spottiswood, Nathaniel Gordon, William Murray, and Mr Andrew Guthrie, p. 205. Commission for Visiting the Universities of Aberdeen. p. 205. Act in favour of the University of St Andrew’s. Ib. Overtures for the Kirk and Ordinance of Parliament. Ib.

February 2. Act discharging the Printing of anything concerning Religion or the Kirk without License, p. 215. Act anent Non-Covenanting Patrons. Ib. Act for founding Schools in every Parish, p. 216. Act discharging the Printing of Books, Chronicles, or Libels without License. Ib.

February 3. Act in favour of the University of St Andrew’s, and anent the Creditors of Sir Robert Spottiswood, p. 228.

February 11. Act Discharging the Printing of anything concerning Religion or the Kirk, without License of the General Assembly or Commissioners, p. 215. Act anent Non-Covenanting Patrons. Ib. Act for founding Schools in every Parish, p. 216. Act discharging the Printing of Books, &c., applicable to all Publications “concerning the State of the Kingdom for ages past, without Warrant or Allowance for that effect,” from the Secretary of State or Supreme Judicatories, without prejudice to the Act in favour of the Kirk, p. 217.

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THE
GENERAL ASSEMBLY,
AT EDINBURGH, 1646.

---

The preceding pages embody, with sufficient fulness and authenticity, the proceedings of the Scottish Parliament and Assembly in the beginning of the year 1645; and it is now our task to revert to contemporary occurrences during the period which intervened betwixt the Assemblies of 1645 and 1646, and which gave a colour and character to these proceedings, and ushered in the latter General Assembly.

Of the occurrences now referred to, by far the most striking and interesting were the military achievements of Montrose, which more immediately operated on the nerves and the policy of the Scottish Conventions in January and February, 1645. In our last sketch, we brought down the notices to the end of January, of that year when Montrose, having devastated Argyleshire, and chased its lord into the Lowlands, bent his steps towards the north, in order to muster the Royalists, and renew his summer aggressions on the dominant Covenanters. He had not, however, proceeded far on his route when he learnt that Argyle had returned to his own country with some Lowland forces, with whom he joined the remnant of his own clan, and had taken up a position at Inverlochie Castle, near Fort William, at the western extremity of the chain of lochs which have recently been connected by the Caledonian Canal. Retracing his steps through the snow-wreathed mountain passes with his wonted celerity, Montrose’s band was once more suddenly and unexpectedly in face of his enemy on the 1st of February, and the outposts partially engaged. Although greatly superior in force to Montrose, and in a position of his own selection, the Lord of Argyle prepared, at the dawn of day next morning, for the coming battle, by securing his own person in a place of safety. The soldiers on both sides had lain all night on their arms; and, when Montrose was in the field, there was little parley to be looked for. Argyle surveyed the contest from the boat in which he had rowed from the shore ere it commenced; and once more the star of Montrose was in the ascendant. The clan Campbell and their allies fought gallantly; but, deserted by their chief, and paralized by the terror of Montrose’s name, fifteen hundred of them were slaughtered before the eyes of their craven lord in the battle and retreat which followed; while this victory was won with the most trivial loss of men on the part of Montrose—among whom was Sir Thomas Ogilvy, of the House of Airlie, one of the most chivalrous adherents of the Royal cause.

Montrose, having thus annihilated Argyle’s power, and tarnished the military and moral influence of that chieftain, proceeded towards the north-east, where the fame of another victory gained him the support of Lord Gordon, and a considerable body of cavalry under his banner. The dismay of the Convention and Assembly, then sitting at Edinburgh, may be gathered from their recorded councils; and although they screwed their courage up while Montrose was traversing the Grampians and the wilds of the Western Highlands, his uniform success, and the increase of his strength, made them tremble for their safety even in the metropolis, though all the castles were in their hands. Baillie, the second in command of their troops in England, and Urry, (both experienced soldiers,) were recalled. These generals for some time manœuvred so as to prevent Montrose from crossing the Tay and Forth; and, as was frequently the case with him, his force was diminished by the retirement of numerous portions of it. With the remnant, however, he attacked the town of Dundee; and, with the irrepressible ardour of his Highland and Irish soldiery, (who had no pay or sustenance save plunder,) it became a scene of devastation, even in the immediate vicinity of Baillie’s army, which was within a mile of the town. Montrose hurriedly recalled his soldiers from the havoc, and effected a retreat northwards, which has been admired as one of the most brilliant of his exploits. In the face of a much superior force and able generals, he effected his retreat without disaster—marching above sixty miles without intermission, and fighting or manœuvring for three days and nights, without rest or refreshment.

The Gordons once more joined Montrose in the north; and Urry being detached to lead the northern Covenanters, and attack him in that quarter, the hostile parties came again into collision at Auldearn, (4th May, 1645,) where Montrose disposed his small band in the most skilful manner, and obtained another victory in that fierce and well fought battle, in which 2,000 of Urry’s troops were cut to pieces. Urry had lost in it about a third part of his soldiers; and being completely disabled and baffled, he was compelled to retreat on Baillie’s main army, and leave Montrose victor of the field. Baillie and Urry still advancing in greater force, Montrose soon again came into contact with them (on the 2d of July) at Alford, where, after a fierce and sanguinary struggle, (in which Lord Gordon was mortally wounded,) the genius of Montrose, and the resistless gallantry of his followers, won the day. They burst through the army of the Covenanters like a living torrent, sweeping everything before them; and thus the most skilful leaders, and some of the best troops of the Covenant, were utterly cut off, or scattered in the north.

The natural effect of this career of victory was a considerable accession to his standard, both of Highlanders and of non-Covenanters in the Lowlands, who had hitherto been borne down by the high-handed power of the Church and Estates, combined against the Royalists of that kingdom; and there was something too, it must be confessed, in the daring, and the devotedness of Montrose to his Sovereign—in his grappling with and surmounting all disadvantages—and in the fame of his uninterrupted triumphs—which was calculated to awaken the martial spirit of Scotland, that we have seen even in later times awakened from the slumber of peace, and shining forth in brightest lustre on the fields of Spain and Belgium.

Notwithstanding the successes which had attended the arms of the Parliaments in England, these successes of Montrose excited the greatest consternation in the councils of those who at that time ruled Scotland. New levies of troops were ordered to the number of 10,000; and the Convention of Estates was driven from Edinburgh by a pestilence, which added to the other horrors of the year 1645 in Scotland. They removed their sittings, in the month of July, first to Stirling, afterwards to Perth—assembled around them all the forces they could muster under the command of Baillie—and sent all the western Lords of the Covenant to their respective shires to quicken new levies.[332]

Montrose, with ranks more crowded and better appointed than heretofore, descended from the mountains, and passing by the Convention and the troops at Perth, whom he treated with scorn, advanced southward with rapidity. Approaching the northern shore of the Forth, through Kinross-shire, he consigned Castle Campbell (belonging to Argyle) to the flames. He thence proceeded westward, marking his progress by similar acts of vengeance; and crossing the river Forth at a ford some miles above Stirling—the castle of which he had no means of assailing—he then bent his course in a westerly direction for the purpose of dispersing the new levies in the south-western counties, and of advancing to the aid of his royal master in England. When he had advanced as far as Kilsyth, he learned, on the 15th of August, that Baillie, who had decamped from Perth, and taken the shorter route by Stirling Bridge, was advancing towards him. That able commander, knowing full well the spirit of Montrose and of his troops, would have avoided a general engagement, but was overruled by Argyle and other nobles, forming a Committee of the Estates, who urged on the attack. Montrose was advantageously posted, and eager for the fight; his men stripped to their shirts; and thus prepared “to do or die.” The Covenanters, ere yet they were fully formed, began the attack on an outpost; upon which Montrose, seeing and snatching the favourable moment, poured down his daring followers to the combat, to which they rushed in close columns with a wild shout that appalled their antagonists, whose ranks they pierced, and whom they dispersed and slaughtered with scarcely a shew of resistance, for the space of more than ten miles. Four or five thousand of the Covenanters were slain on the field and in the flight; and the only semblance of an army which the Covenanters had on foot in Scotland was thus utterly routed and dissipated. On this, as on former occasions, Argyle sought personal safety in a barque on the Frith of Forth, at the nearest point to the scene of action.

The capital surrendered on his advance, and there, as well as elsewhere, he liberated a number of the King’s friends who were in captivity; and so many persons of rank and consideration joined his standard, that he called a Parliament to be held in Glasgow in the King’s name. For the time, he was the conqueror of Scotland, save only its few castles; but even if he had possessed the means of reducing them, that formed no part of his scheme, which was to reach and join the Royal standard in England. Meanwhile, the leading men of the Convention and others fled for concealment in all directions; and, for a brief space, the power of the Covenanters was completely broken. But, from the very nature of Montrose’s armaments all along, they were liable to frequent mutations. Destitute of what have been emphatically termed “the sinews of war”—the funds for regularly maintaining his followers in the field—they ever and anon, as volunteers, retired to their homes, to the harvesting, and other pursuits, without leave asked or given; and even after the triumphant Battle of Kilsyth, when he had thus become master of Scotland, and might then have trodden the Covenanters under foot, his forces melted away, until it was diminished nearly to the condition in which it had been when he traversed the wilds of Atholl and Badenoch.

Having communicated with the King, whose fortunes were then at the lowest ebb in England, and urged him to draw near the northern border, so as to form a junction of their respective forces, Montrose received, by the hands of Sir Robert Spottiswood, a commission, under the Great Seal, appointing him Captain-General and Lieutenant-Governor of Scotland. Thus fortified, and animated by the sanguine spirit which had already achieved such wonders under the most disadvantageous circumstances, Montrose began his March towards the Border, and, early in the month of September, took up his cantonments at Selkirk; one portion of his little army (the cavalry) being quartered in that hamlet, and the other division of it being encamped at Philiphaugh, on the opposite bank of the Yarrow. Meanwhile the tidings of the disasters and despair of the Covenanters at home had reached the army in England. The chief men of that party were skulking in Berwick and other places near the Border, which were occupied by the Covenanting forces—and David Leslie was detached with five or six thousand of the Scottish auxiliary army, composed chiefly of cavalry, to check the progress of Montrose in Scotland. He crossed the Border at Berwick, and proceeded on the route towards Edinburgh, with the view apparently of intercepting the return of Montrose’s adherents from the north and the Highlands. But he was too good a general either to disclose his real intention, or to overlook any advantage which offered itself in the course of his operations.

When Leslie had advanced so far as Musselburgh, and was within two hours’ march of Edinburgh, he suddenly changed his route, and started across the country by Middleton to Melrose, within four miles of Montrose’s cantonments. Leslie’s troops were quartered at Melrose on the 12th of September, and reposed there and in its vicinity during the night; and early next morning, covered by a thick mist, approached Montrose’s encampment on Philiphaugh. All the chief gentry on the Border being at the time in the interest of the Covenanters, and their vassals and tenantry being, of course, like-minded according to the feudal feelings which then prevailed; and Montrose being lulled to a fatal security by past success, and a belief that Leslie was in or near Edinburgh, had not his scouts on the outlook. Leslie, favoured by these circumstances, suddenly and unexpectedly attacked the camp of Montrose, when unprepared for the contest, on the morning of the 13th of September. Dividing his force into two portions, they respectively attacked Montrose’s infantry on either flank; and the first tidings which their chief heard that an enemy was near, were the sounds of battle from the opposite bank of the Yarrow. Mustering his cavalry in all haste, he rushed to the battle field, but too late for his presence being available. Although his gallant followers fought with their wonted enthusiasm, many of them were already either slaughtered or taken prisoners ere he reached the scene of conflict; and although he and his companions did all that skill or valour could accomplish in such circumstances, it was in vain. Montrose continued the desperate combat until all that remained of his force was only thirty of his cavalry, the greater number being either killed, taken prisoners, or sheltered from the rout in an adjoining wood. With this wreck of his band, he retreated up the Yarrow and crossed over to Peebles, where a few of his followers who had escaped joined him. After this disastrous affair, Montrose once more retreated to the Highlands, where for the present we must leave him.

We cannot pass on from this narrative of the Battle of Philiphaugh, without recording that the successful commander, David Leslie, tarnished his laurels by a cold-blooded massacre of the prisoners he had captured, at the instigation, it has been confidently affirmed, of the Covenanting clergy. Many of the prisoners were taken to Newark Castle; and, while several persons of rank and better condition were reserved for future vengeance, those of an inferior class were butchered in scores in the court-yard of the Castle, like cattle in the shambles: one hundred persons, at least, were put to death on this occasion. A more atrocious outrage against all the usages of civilized warfare never was committed, save in the modern times of Spanish barbarity; and these hapless men, it most be remembered, were taken prisoners while bearing arms under the commission and in the cause of their lawful Sovereign, whose title and authority the Covenanters at that time did not impugn, but, on the contrary, affected to vindicate and uphold. If in future turns of fortune, the Covenanters became the victims of bloody persecution, let it not be forgotten, that this system of wholesale murder originated in the massacre at Newark Castle. It must be stated, however, in palliation of this act of revenge by the Covenanters, that Montrose and his followers, during the progress of their victories, had ravaged, with unsparing severity, every district which they visited; plundering, burning, and desolating, and not unfrequently sacrificing life without mercy or remorse at every stage of their progress.[333]

The picture which Scotland exhibited at the time referred to, would be incomplete were we to omit mention of the executions in form of Law which soon after followed the massacre of Newark. Douglas, Crawford, Erskine, Fleming, and Napier, escaped along with Montrose from the field of Philiphaugh; but among the prisoners reserved for more deliberate proceedings, were Hartfield, Drummond, Ogilvy, Sir Robert Spottiswood, (a son of the Archbishop and President of the Session,) Sir Alexander Leslie of Auchintool, Sir William Rollock, Sir Philip Nisbet, William Murray, brother of Tullibardine, Alexander Ogilvy of Innerquarity, Nathaniel Gordon, Andrew Guthrie, son of the Bishop of Moray, Stewart the Adjutant, and two Irish Colonels, O’Kyan and Leighton. David Leslie, after his victory at Philiphaugh, fell back on Lothian, where the two Irish officers were tried by martial law and executed. Soon after, at a meeting of the Estates in Glasgow, Sir William Rollock, Sir Philip Nisbet, and Alexander Ogilvy, were found guilty of “rebellion against the State”, and executed there on the 29th of October. On the 26th of November, the Parliament met at St Andrew’s, when Sir Robert Spottiswood, (whose sole crime was carrying the King’s commission to Montrose,) Mr William Murray, Colonel Gordon, and Mr Andrew Guthrie, were tried, condemned, and executed. Lord Ogilvy and Adjutant Stewart made their escape; and Hartfield alone, through the intercession of Argyle, was pardoned. And thus commenced the bloody war of party revenge, which for nearly forty years afterwards polluted and dishonoured the annals of Scotland.

In our last introductory sketch, we had brought down the narrative of events in England to the Treaty at Uxbridge, which commenced in January, 1646. The discussions embraced three great points—religion, the militia, and Irish affairs. On the first of these, the Parliamentary and Scottish Commissioners strenuously insisted on the uniformity of religion, in terms of the League and Covenant; Presbyterianism to be the form of Church Government, and that form, with all its formalities and doctrines, (still unsettled even in the Ecclesiastical Assemblies of both kingdoms,) was sought to be sanctioned and adopted by the King, and enforced coercively on all his subjects of Scotland, England, and Ireland. The other two subjects presented also debatable points; but these are foreign to our purpose; and the King having been required to sanction a bill for the abolition of Prelacy—to confirm the proceedings of the Westminster Assembly, with all the particulars subordinate to such a requisition—the treaty terminated on the 22d of February, without leading to any auspicious results, by the King rejecting overtures so inconsistent with all his principles. Nor although the insurgents were still in the ascendant in the affairs of arms, had the Presbyterian party any good ground of confidence in their ultimate triumph; for henceforward the Independent party became more bold and energetic, and, ere long, acquired a decided preponderance in the councils which ruled the land; and, finally, abolished and tyrannized over both the Episcopalian and Presbyterian establishments; these being completely overborne by a potent combination of wild and mystic sects, whose tenets were too variegated to admit of any adequate description in a sketch of this kind, but who always inculcated the doctrine of unlimited toleration, although in their conduct, as was the fashion of the age, they practically outraged its principles.[334]

The Acts of the Assembly 1645, contain abundant evidence of the spirit by which it was animated; and we forbear adverting to particulars. We go on, therefore, to remark that the English Parliament, by their self-denying ordinance and new modelling of the army, having invested the leading Independents with the highest power on their side, obtained, on the 14th of June, 1645, the victory at Naseby. The fate of Charles was thereby irretrievably sealed, and his fortunes hopelessly overcast. In this state of affairs, the conflicts betwixt the Presbyterian and Independent parties waxed fiercer in consequence of continued efforts, on the part of the former, to obtain uncontrolled spiritual domination, which was, of course, resisted by the other party; and the English Parliament and leaders having, with the assistance of the Scottish armies, triumphed over the Royalists, in all quarters, were now anxious to get quit of their allies, whose presence in England operated as a check on the predominant English adventurers. Imputations against the Scottish army for rapacity, inactivity, and other real or imaginary backslidings, led to recrimination and heartburning; and the Scotch had a plausible ground of complaint, inasmuch as the pay and allowances which had been promised them by the English Parliament were greatly in arrear. Besides all these causes of discord, the Scottish party was disappointed by the qualified adoption of Presbytery as the Church of England. The conclusions of the Westminster Assembly, after being sanctioned by the Scottish General Assembly and Estates, were adopted indeed as an experiment by the English Parliament, but to be reversed or altered according to circumstances; and during all the sittings of the Westminster Assembly, the English Parliament sturdily refused to render the Church independent of the State, and retained to itself the ultimate power of control in all matters ecclesiastical as well as civil. This sort of erastianism was very unpalatable to the Scotch, who had set the Church above the State, and wished this dominancy to be extended to England as well as Scotland.

While these misunderstandings were at a height, and the King’s power almost annihilated, he endeavoured to avail himself of these distractions by a diplomacy not, perhaps, altogether free of intrigue, with both the parties concerned; and, towards the close of the year 1645, he made overtures for an agreement with the English Parliament; but although quarrelling among themselves, the victorious parties concurred in rejecting those overtures, which, had they been acceded to, might eventually have frustrated the designs of Cromwell and his associates. They resolutely resisted the King’s offers to disband all his forces and go to London, attended only by a royal escort, to pass an act of oblivion, and to do whatever the Parliament should advise for the good and peace of the kingdom, on the single condition of obtaining security for the personal safety of himself and his followers. The absolute rejection of such propositions was a sufficient indication to the unfortunate Charles that he had nothing to expect even from the most humiliating concessions to the ruling party in England; and in this sad extremity of his fortunes, he adopted, perhaps, the only other alternative that remained to him—that of casting himself unreservedly upon the loyalty, the generosity, the gratitude of his Scottish subjects; for assuredly the ample concessions which he had made to them in 1641, by which he had confirmed their favourite ecclesiastical polity, given omnipotence to the Estates, and vested the executive authority entirely in the hands of the ruling party in Scotland—and which he had not, in a single instance, infringed during the space of five years, (unless his commission to Montrose may be so construed,)—gave him reasonable grounds to expect that they would welcome and protect their native King, who had thus lavished his regal prerogatives upon them, and extended their national liberties. We shall soon see the result of this resolution.

The King had been induced to adopt the course now alluded to by the representations of Montreville, a French agent, who assured him he would be safe and welcome in the Scottish camp, then pitched before Newark. On the 27th of April, 1646, Charles left Oxford in disguise, and on horseback, as the lackey of one of his attendants, of whom there were only two, Ashburnham, groom of his bed-chamber, and Hudson, a clergyman; and, after traversing the country by many by-ways and circuits, he at length, on the ninth day after leaving Oxford, reached the camp at Newark. The King’s departure from Oxford, which was soon discovered, and communicated to the Parliament, spread a panic among the factions of which it was composed. They dreaded his appearance in London, as calculated to excite some reaction inimical to their designs; and to harbour or conceal his person was denounced, under all the penalties of treason against the Commonwealth. This dastardly alarm was only quieted by intelligence of his Majesty’s arrival at the Scottish camp, of which the Lord Leven had sent notice to both the Scottish and English Parliaments; and the latter passed a resolution on the sixth day of May, that the Scottish general and commissioners should be required to consent that his Majesty’s person might be at the disposal of the two Houses of Parliament in England, and sent to Warwick Castle. They were also desired to render up the persons of his two companions; a demand to which the Scottish authorities in the camp demurred, on grounds which were honourable to their feelings.[335]

The Scottish general had received his sovereign, on his arrival at the camp, with all becoming courtesy and respect; but he soon found himself in truth a captive, and reduced to the condition of a mere make-weight in the scale of sordid political negotiations which speedily ensued betwixt the Parliaments of England and Scotland. Leslie, with small difficulty, induced the King, who was now powerless, to issue his orders to the Commander of Newark, for the surrender of that town, which took place on the 6th of May. This was followed by similar orders to other loyalists in various other strengths, which still held out for the King, and by his instructions were rendered up to the Parliamentary forces; and thus the last visible sparks of loyalty, and of regal authority in the person of Charles I. were extinguished in England. Having effected these objects, and having the royal person in his custody, the Scottish general led his army northward, and on the 13th of May 1646, took up his cantonments at Newcastle-upon-Tyne.[336]

The cessation of arms was succeeded by a vast variety of complicated negotiations, which it is not within our province to detail. The Committee of the Scottish Estates was sitting when the King’s arrival at the camp was made known to it, on which it sent a deputation with a message of seeming loyalty, and an intimation of the lively interest which it took in the safety of his person, and the preservation of his honour; but very speedily he learned that it had given instructions to its Commissioners to act in concert with the two Houses of Parliament in England, and that the Scottish Estates would not agree to anything by which the “unity and uniformity” in religious matters, which was contemplated by the League and Covenant, in the three kingdoms might be affected. Untaught by the lessons of experience—shutting their eyes to the fact that, instead of the “unity and uniformity” which they fondly anticipated from it, that celebrated monument of extraordinary zeal had been productive only of an increase of schisms, divisions, and theological sects, on all hands, and in high places—and forgetful too that by the very terms of that deed, as well as by the Covenant of 1637, they were bound “to defend the Kings Majesties person and authority,” and “the honour of the King”—they allowed themselves to get bewildered in a maze of metaphysical theology and polemics, which set at nought the most obvious dictates of common sense and sound morality, and still persisted in the inforcement of a uniformity which no earthly power ever can command, without an exercise of unmitigated despotism. In this state, and in this mood, were the affairs and the authorities of Scotland when the General Assembly met on the 3d of June, 1646. The political events of the time will become the subject of further review, after exhibiting the proceedings of that Assembly.

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THE PRINCIPALL ACTS
OF THE GENERALL ASSEMBLY, MET AT EDINBURGH,
Junii 3, 1646.

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Edinb. 4 Junii, 1646. Sess. II.
The Kings Letter to the Assembly, presented by M. Robert Douglas, Minister at Edinburgh.

Charles R.

RIGHT trusty and welbeloved, We greet you well. Having lately written to Our Houses of Parliament at Westminster, and the Commissioners from Our Kingdom of Scotland at London, and likewise to the Committees of Estates of that Our Kingdom; Shewing Our great sense and grief for the sad effects have flowed from the unhappy differences betwixt Us and Our Subjects, with Our reall resolutions to comply with the desires of Our Parliaments of both Kingdoms, and those entrusted by them for settling of Trueth and Peace in all Our Dominions: And now being informed of your meeting, We have thought fit hereby (since We could not conveniently send a Commissioner) to give you the same assurances; And withall, that it shall be Our constant endeavour to maintain Religion there, as it is established, in Doctrine, Worship, and Church-Government, and leave no good means unassayed for setling an universall Peace in that Our native and ancient Kingdom, with the Reformation of Religion, and settling Peace in England and Ireland: And after the return of an answer to Our late Message to Our Houses of Parliament heer, We shall more particularly acquaint you, or your Commissioners, with Our further resolutions. In the mean time, We seriously recommend Our selves and the distracted condition of Our Kingdoms, to your most earnest Prayers to God in Our behalf, expecting from you faithfulnesse in your severall Charges and Callings, with that Loyaltie and obedience which becometh the Ministers of the Gospel. We bid you very heartily farewell, from New-castle the 28 of May, 1646.

Direct.

For Our right trustie and welbeloved,
The Moderatour, and other Members
of the Generall Assembly of the
Kirk of Our Kingdom of Scotland.

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6 Junii, 1646. Ante Meridiem. Sess. IIII.
Act concerning the Registers and Acts of Provinciall Assemblies.

THE Assembly recommends to Provinciall Assemblies, that hereafter they cause read all their Acts, before the dissolving of every Assembly; And that their Registers be written formally, and in a good hand writing, with the severall Leafes or Pages thereof marked by ciphers according to their number.

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11 Junii, 1646. Ante Meridiem. Sess. VII.
Act concerning the publike satisfaction of Married persons, for Fornication committed before Marriage.

THE Generall Assembly understanding that in many places the publike scandals of Fornication committed before Marriage, are not taken notice of and removed by publike confession according to the order of this Kirk; Therefore for remedie thereof do Ordain, That all Married persons under publike scandall of Fornication, committed before their Marriage (although the scandal thereof hath not appeared before the Marriage) shall satisfie publikely for that sin committed before their Marriage, their being in the estate of Marriage notwithstanding And that in the same manner as they should have done if they were not Married.

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13 Junii, 1646. Ante Meridiem. Sess. X.
Ordinance for Excommunication of the Earle of Seafort.

THE Generall Assembly having taken to their serious consideration, that perfidious Band made and contrived lately in the North, under the name of An humble Remonstrance, against our Nationall Covenant, and the League and Covenant of the three Kingdoms; Which tendeth to the making of division and fomenting of Jealousies within this and between both Kingdoms, to the prolonging of these unnaturall Warrs, to the impeding of the intended Uniformity in Religion, and to the subversion of all the happie ends of our covenants: And finding that George Earle of Seafort hes not only most perfidiously himself subscribed the said wicked Band, contrary to his solemne Oaths in the Covenants aforesaid, and most arrogantly owned the same under his owne hand writing in his letters to the Committee of Estates, and to the Commissioners of the preceding Assemblie: But also hes seduced and threatned others to subscribe that divisive Band, and to joyne with him in prosecution of his treacherous and wicked designes, therein masked with the pretences of religion and libertie; boasting also the pursuance of that his Remonstrance against all deadly the opposers thereof, whether King or Parliament. And having also considered another wicked and treacherous Band of Union which the said Earle formerly entred into with that excommunicate Rebell James Grahame, after the sentence of forfalture, and the dreadfull sentence of excommunication were pronounced against him, Oblieging himself therein under solemne Oaths to joyne with that forfaulted Rebell against this Kirk and Kingdome, and to oppose all their publike resolutions for pursuance of the happie ends of our said Covenants. All which, with his vile reproachfull aspersions and most false calumnies against this Kirk and State, and their publike and lawfull endeavours and resolutions, with his other wicked and perfidious practises at length discovered in the Proclamation of the Committee of Estates, and the Declaration of the Commission of the Assembly against the said perfidious Band and Remonstrance, being gravely pondered and considered; Together with his base treachery to the Estates, being intrusted by them with ample Commission, and encouraged and enabled for discharging thereof, with Mony Ammunition and Arms in a good measure: Notwithstanding whereof contrary to that great trust reposed in him, It is notor that not only he did not joyne with the Forces raised for the defence of this Kingdome, But rather on the contrary, actually joyning himself and his Forces with that excommunicate Rebel James Grahame, and these unnatural bloody Rebels his followers, did beleager Jnnernesse, a Towne Garrisoned by the Estates for the Defence of that part of the Country. And the Assembly having also found that fair means have been used for reclaiming of the said Earle from that wicked and perfidious course, by publike Declarations and Proclamations, and particular Letters sent to himself from those that had power in that behalf, And that notwithstanding thereof and of Summonds direct against him to answer to the premisses, often called, he doth not appear, but still remains obstinate in his wicked courses; And after mature deliberation having found his frequent fearfull and grosse perjuries, his perfidious and wicked conspiracies by Band and Oath, with the publike Enemies of this Kirk and Kingdom, and his other treacherous and wicked practices so contemptuously and pertinaciously persisted into, To be haynous offences against God, and high contempt of all Ecclesiastical and Civil authority, Therefore the Assembly moved with the Zeal of God, do without a contrary voice Decerne and Ordain the said George Earle of Seafort to be summarly excommunicate, and declared to be one whom Christ commandeth to be holden by all and every one of the Faithfull as an Ethnik and Publicane, and appoints the sentence of excommunication to be pronounced by Master Robert Blair Moderator in the east Kirk of this Citie, upon the next Lords day, being the 14 of this Moneth; And that thereafter publike intimation be made thereof upon a Sabbath day before noone in all the Kirks of this Kingdom so soon as advertisement shall come unto them.

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Enormities and Corruptions observed to be in the Ministery, with the Remedies thereof.
Enormities.

THE first and main sin, reaching both to our personall carriage and callings, we judge to be, Not studying how to keep Communion and Fellowship with God in Christ, but walking in a naturall way, without imploying of Christ, or drawing vertue from him, to inable us unto sanctification, and Preaching in spirit and power.

In our Lives.

1. Much fruitlesse conversing in companie, and complying with the sins of all sorts, not behaving our selves as becomes the men of God.

2. Great worldlinesse is to be found amongst us, minding and speaking most about things of this life, being busied about many things, but forgetting the main.

3. Slighting of Gods worship in their families, and therefore no cordiall urging of it upon others: yea, altogether a wanting of it in some, if it be credible.

4. Want of gravity in carriage and apparell, dissolutenesse in haire, and shaking about the knees, lightnesse in the apparrell of their wives and children.

5. Tippling and bearing companie in untimous drinking in Tavernes and Ale-houses, or any where else, whereby the Ministerie is made vile and contemptible.

6. Discountenancing of the godly; speaking ill of them, because of some that are unanswerable to their profession.

7. The Sabbath not sanctified after Sermons, which maketh people think that the Sabbath is ended with the Sermon.

8. There are also to be found amongst us, who use small and minced oaths.

9. Some so great strangers to Scripture, that except in their publike Ministerie, though they read many things, yet they are little conversant in the Scripture, and in meditation thereof: A dutie incumbent to all the people of God.

In our Callings.

1. Corrupt entry into the Ministrie in former times, and following the course of defection, though forsaken, yet never seriously repented: as also present entring into the Ministery, as to a way of living in the world, and not as to a spiritual calling.

2. Helping in, and holding in of insufficient and suspected men, who favour the things of this life, and keeping the door straiter on them whom God hath sealed, then upon these who have lesse evidence of the power of grace and holinesse.

3. Partiality in favouring, and speaking for the scandalous, whether Ministers or other persons, teaching them how to shift and delay censures.

4. Silence in the publike cause, not labouring to cure the disaffection of people, not urging them to constancie and patience in bearing of publike burdens, nor to forwardnesse in the publike Cause; whereby Malignants are multiplied; yea some are so grosse herein, that even in publike Fasts little or nothing is to be heard from them sounding this way.

5. Some account it a point of wisdome to speak ambiguously: some incline to justifie the wicked cause, uttering words which savour of disaffection: and all their complaining of the times, is in such a way as may steal the hearts of people from liking of good Instruments in this work, and consequently from Gods Cause: yea, some reading publike Orders, are ready to speak against them in their private conference.

6. Idlenesse, either in seldome Preaching, as once on the Lords day, or in preparation for publike duties, not being given to reading and meditation: others have but fits of paines, not like other Tradesmen continually at their work.

7. Want of zeal, and love to the conversion of souls, not being weighted with the want of successe in reclaiming of sinners, nor searching in themselves the cause of not profiting, preaching ex officio, not ex conscientia officii.

8. Self-seeking in preaching, and a venting rather of their wit and skill, than a shewing foorth of the wisdome and power of God.

9. Lifelesnesse in preaching, not studying to be furnished by Christ with power; and so the ordinance of God reacheth not to the conscience: and heereto belongeth the not applying of the doctrine unto the auditory and times.

10. The indiscreet curing of the indiscretion of pious people and Ministers, whereby godlinesse hath gotten a deep wound, and profanitie hath lifted up the head, contrary to that wise and gracious order set foorth in the Generall Assembly holden at Edinburgh, 1641.

11. Little care to furnish our Armie, either abroad or at home with Ministers; One of our grievous sins, and causes of our calamity.

12. Last, it is to be feared that Ministers in secret are negligent to wrestle in Prayer, for a blessing to be poured out upon their labours, contenting themselves with their publike performances.

Remedies.

1. First, That Presbyteries make great conscience to have all vacant places within their several bounds filled with godly and able men, where-ever they be to be found: and that under pretence of being a helper, or second to another, none be taken in, but such as are able for the same charge.

2. Whereas it is known, that private tryall in Presbyteries are for the most part perfunctorious, the Brethren are hereby exhorted to be more serious, and faithfull heerein, as they will be answerable to Christ, the Chief Shepherd: and in a way previous thereto, that Brethren be free, in loving admonition one of another secretly, from time to time; and that whosoever keeps not the Presbyterie or Synod, after grave admonitions may come under further censures.

3. That accuracie be used at visitation of Kirks, and that the Elders one by one (the rest being removed) be called in, and examined upon oath upon the Ministers behaviour in his calling and conversation.

4. That course be taken to divide Congregations in parts, and by the help not only of Elders in their several parts, but of neighbors also, the evils, and neglects of persons and families, may be found out and remedied.

5. That every Minister be humbled for his former failings, and make his peace with God, that the more effectually he may preach repentance, and may stand in the gap, to turne away the Lords wrath: runing between the Porch and the Altar, sighing and crying for all the abominations of the land.

6. Speciall care would be had, that all Ministers have their conversation in heaven, mainly minding the things of God, and exercising faith for drawing life out of Jesus Christ the fountain of life, arming themselves thereby with power against the contagion and wickednesse of the world.

7. Care would be had of godly conference in Presbyteries, even in time of their refreshment, and the Moderator is to look to it, that good matter be furnished thereto.

8. It is also very necessary for every Minister that would be fruitfull in the work of the Lord, to bring home the Word of God to his own heart and conscience, by Prayer and Meditation, both before and after the publike ordinance.

9. Use would be made of the roll of the Parish, not onely for examination, but also for considering the several conditions and dispositions of the people, that accordingly they may be admonished, and particularly prayed for by the Ministers in secret.

10. It is very expedient that Ministers have more communion among themselves for their mutuall stirring up, and strengthning of their hands in the Lords work, and rectifying of these who are not incorrigible.

11. That Ministers in all sorts of companie labour to bee fruitfull, as the Salt of the earth, seasoning them they meet with, not only forbearing to drink healths (Satans snare, leading to excesse) but reproving it in others.

12. All Ministers would be carefull to cherish the smoaking flax of weak beginnings in the wayes of God, and ought couragiously to oppose all mockers and revilers of the godly.

13. As at all times, so specially now when the Lord is calling us all to an account; it becomes the Ministers of Christ, with all diligence and faithfullnesse, to improve their Ministerie to the utmost, to be instant in season and out of season; yea, even frugally to imploy their time in private, in reading of, and meditating on Scripture, that the Word of God may dwell plentifullie in them.

14. That the providing the Armies with Ministers be preferred to any congregation, and these who are appointed to attend the same, and are deficient, be without delay severalie censured according to the Act of the Generall Assembly; And that all Ministers not only in publike, pray for our Armies, specially these that are to encounter with the bloody enemie within the land, but also continually bear them up before the Lord, that their lives being reformed, their hearts and hands may be strengthned, and their undertaking at last blessed of GOD with successe.

15. That beside all other scandals, silence or ambiguous speaking in the publike cause, much more detracting and disaffected speaches be seasonablie censured: and to this effect, all honest hearted Brethren would firmlie unite themselves in the Lord, the younger honouring the elder, and the elder not despising the younger.

16. And finallie, both for the corruption of the Ministerie and remedies thereof, we refer the brethren to the Act of the Generall Assemblie at Edinburgh, 1596, revived in the late Assemblie at Glasgow, 1638, to bee found in the printed Act concerning the same.

The Generall Assembly Ordains the Enormities above specified to be tryed and restrained, and that the Remedies thereof for that purpose be seriously observed and practised: Recommending especially to Presbyteries and Provinciall Assemblies, that use be made of the same in visitation of Kirks and tryall of Presbyteries.

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Approbation of the proceedings of the preceding Assembly.

THE Generall Assembly having heard the report of the Committee appointed to consider and examine the proceedings of the Commissioners of the late Generall Assembly holden at Edinburgh in the yeer 1646. And after serious consideration thereof, finding that the whole Acts, Proceedings, and Conclusions of the saids Commissioners, contained in the Register subscribed by M. Andrew Ker their Clerk, and by M. Robert Ramsay Moderator to the said Committee, do declare much Wisdom, Diligence, Vigilancie, and commendable Zeal; And that the said Commissioners have orderly and formally proceeded in everything, according to their Commission: Do therefore ratifie and approve the said whole Acts, Proceedings, and Conclusions of the Commissioners of the said Assembly.

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15 Junii, 1646. Post Meridiem. Sess. XI.
Act for joyning of the Presbyteries in Orkney and Zetland to the Provincial of Cathnes.

THE Generall Assembly, considering that the Presbyterie of Kirkwall in Orknay and the Presbyterie of Scalloway in Zetland have never met in any Provincial Assembly, wherethrough great abuses and disorders are there committed, Therefore the Assembly hereby joyns the said two Presbyteries to the Provinciall of Cathnes and Sutherland, And Appoints all the Ministers and Elders of the said Presbyteries hereafter, to meet at the said Provinciall Assembly, and to have place to reason and vote therein as members of the said Provinciall. And, sicklike ordains the saids two Presbyteries to be of subordinate Jurisdiction to the said Provinciall Assembly; Declaring hereby, that the said Provinciall shall consist of the Presbyteries of Cathnes, Sutherland, Orknay, and Zetland in all time coming. And appoints them to meet onely once in the yeer, in respect of their great distance and interjection of seas; And that the first meeting be at Thurso in Cathnes upon the third Tuesday of August next, and thereafter as shall be appointed by the said Provinciall Assembly.

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17 Junii, 1646. Post Meridiem. Sess. XIIII.
Act concerning Expectants Preaching in publike.

THE Generall Assembly discharges any person to preach in publike under the name and notion of an Expectant, or under any other pretence whatsoever, except such as shall be tryed and found qualified according to the Acts of the Generall Assembly; Recommending to Presbyteries and Provincialls to take special notice thereof, and to censure the transgressors accordingly.

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Act for censuring the complyers with the publike enemies of this Kirk and Kingdom.

THE Generall Assembly taking to their serious consideration the great and scandalous provocation and grievous defection from the publike Cause, which some have beene guiltie of, by complying with the Rebels the publike enemies of this Kirk and Kingdom: And judging it a dutie incumbent to them to bring such notorious offenders to publike satisfaction, that the wrath of God may be averted, and the publike scandall removed; Do therefore Require, Decern, and Ordain, that such as after lawfull tryall shall be found to have been in actuall Rebellion and to have carried charge with the Rebels, To have accepted Commissions for raising Horse or Foot unto them, To have been seducers of others to joyn in that Rebellion, To be the Penners or contrivers of James Grahames Proclamation for indicting a pretended Parliament, or of any other his Proclamations or Declarations, To have beene prime Instruments in causing publish the said Proclamations and Declarations; That all and every one of such offenders shall humbly acknowledge their offence upon their knees, first before the Presbyterie, and thereafter before the Congregation upon a Sabbath, in some place before the Pulpit; And in the mean time that they be suspended from the Lords Supper: And in case they do not satisfie in manner foresaid, that they be processed with Excommunication. And likewise Ordains, that such as shall be found to have procured Protections from the Rebels, To have execute their orders, To have invited them to their houses, To have given them intelligence, To have drank James Grahames health, or to be guilty of any other such grosse degrees of complyance, shall acknowledge their offences publikely before the Congregation, and be suspended from the Communion ay and while they doe the same. And further Decernes and Ordains, that all persons in any Ecclesiastick office guilty of any degrees of complyance before mentioned, shall be suspended from their office and all exercise thereof, for such time as the quality of the offence and condition of the offenders shall be found to deserve; And the Assembly hereby declares, that Presbyteries have a latitude and liberty to agreadge the censures above specified, according to the degrees and circumstances of the offences; And gives in like manner the same latitude and liberty to the Commissioners of this Assembly for publike affairs, who have also power to try and censure the offenders in manner above exprest, and to take account of the diligence of Presbyteries thereintill.

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Act concerning Iames Grahams Proclamation.

THE Generall Assembly having considered a copie of a Proclamation published by order of that excommunicat Traitor James Graham, for indicting of a pretended Parliament, and finding the same to be full of blasphemies against the Solemn League and Covenant of the three Kingdoms, and of vile aspersions of Treason, Rebellion, and Sedition, most falsly and impudently imputed to the Estates, and most faithfull and loyall Subjects of this Kingdome: Doe therfore declare, That such as have bin prime Instruments of the publishing of that or the like Proclamation and Declaration, deserve the highest censures of the Kirk, unlesse they make humble confession of their offence publikely, in such manner as is prescribed by this Assembly; And humbly Recommends to the Committee of Estates to take some course for their exemplary civill punishment, and that some publike note of ignominie be put upon that Proclamation as their Honors shall think meet.

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18 Junii, 1646. Ante Meridiem. Sess. Ult.
Act against loosing of Ships and Barks upon the Lords Day.

THE Generall Assembly understanding how much the Lords day is profaned by Skippers and other Seafaring men, Do therefore discharge and inhibite all Skippers and Sailers to begin any voyage on the Lords day, or to loose any Ships, Barks or Boats out of Harbery or Road upon that day, And who shall doe in the contrary hereof, shall be censured as profaners of the Sabbath: Recommending to Presbyteries and others whom it may concerne to see both the Acts of Assembly and Parliament made for censuring and punishing profanation of the Lords day, to be put in execution against them.

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Act anent Children sent without the Kingdom.

WHEREAS divers Children have been sent without the Kingdom to be bred abroad, and have been or in time coming may be exposed to the temptations of seducers, and drawn away from the Trueth established and professed within this Church to errour of Poperie, or other Sects and Heresies: Therefore the Assembly Ordains, that the Parents or Friends of Children and Minors, shall before they send them without the Kingdom, first acquaint the Presbytery where they reside, that they may have their Testimoniall directed to the Presbytery or Classe within the Kingdom of France, or England, or Ireland; and at the time of these Childrens return from any of the saids Kingdoms, to report ane Testimoniall from the Presbytery or Synode where they lived without the Kingdom of their breeding there, and to shew the same to the Presbytery within the Kingdom who gave them a Testimoniall at their way going. Likeas the Assembly Ordains all Presbyteries to try if any Children have been sent to Popish Schooles or Colledges without the Kingdom; And if any be found, that their names be given to the Presbytery or Commissioners of the Assembly, that the same may be presented to the Honourable Lords of Secret Councell, or Committee of Estates, that their Lordships may be humbly desired by their authority to recall them, that after return to this Kingdom a course may be taken, according to the former Ordinances of Generall Assemblies, for their breeding in the true Religion.

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Overtures presented to the Assembly.

I.

THAT correspondence be keeped among Presbyteries constantly by letter without prejudice of personall correspondence when need requires, whereby one Presbyterie may understand what many are doing, and they may be mutually assisting each to other.

II. That for the better breeding of young men to the Ministerie who are not able to furnish themselves in charges to attend in the Universities, that the Presbyteries where they reside appoint some to direct their studies.

III. That it be recommended to all the Universities to condiscend upon the best Overtures for the most profitable teaching of Grammar and Phylosophy, and as they may meet at the Commission of the Generall Assembly to make the matter ripe for the next Assembly.

The Assembly approves these Overtures, and recommends accordingly.

IV. That to the intent the knowledge of God in Christ may be spread through the Highlands and Islands (for in lack whereof the land hath smarted in the late troubles) these courses be taken: 1. Let an order be procured, that all Gentlemen who are able, at least send their eldest sons to be bred in the Inland. 2. That a Ministerie be planted amongst them, and for that effect that Ministers and expectants who can speak the Irish language be sent to imploy their talents in these parts, and that the Kirks there be provided as other Kirks in this Kingdome. 3. That Scots Schools be erected in all Parishes there, according to the Act of Parliament, where conveniently they can be had. 4. That Ministers and ruling Elders that have the Irish language be appointed to visit these parts.

The Assembly approves this Overture, and recommends this purpose to further consideration, that more Overtures may be prepared thereanent against the next Assembly.

V. That for keeping the Universities pure, and provoking the Professors of Divinitie to greater diligence, each Professor in the Universities of this Church and Kingdom, bring with him or send with the Commissioner who comes to the General Assembly, ane perfit and well written copie of his Dictates, to be revised by the Generall Assembly, or such as they shall appoint for that work ilk year.

The Assembly continues the determination of a constant and perpetuall order herein untill the next Assembly, but in the mean time desires the professors of Divinity to present to the next Assembly their Dictates of Divinity, wherof the professors present are to give intimation to the professors absent.

VI. The great burdens Intrants undergoes when they enter the Ministery, which holds many of them long at under, would crave the Assemblies judgement and authority, that Ministers Manses and Stipends may be all made free to the Intrant.

The Assembly refers and recommends to the Commissioners for publike affairs to seek redresse in this matter from the Honorable Estates of Parliament, and to consider of some fitting Overtures to be presented to their Honours for that effect.

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Renovation of the Commission for the publike affairs of the Kirk.

THE Generall Assembly taking to their consideration that in respect the great work of Uniformity in Religion in all his Majesties Dominions is not yet perfited, (though by the Lords blessing there is a good progresse made in the same) there is a necessity of renewing the Commissions granted formerly for prosecuting and perfiting that great work; Doe therefore renew the power and Commission granted for the publike affairs of the Kirk by the Generall Assemblies held in S. Andrews in the year 1642, and in Edinburgh 1643, 1644, and 1645, unto the persons following, viz. Masters Alexander Henderson, Robert Douglas, William Colvil, William Bennet, George Gillespie, John Oswald, John Adamson, William Dalgleish, David Calderwood, James Fleeming, Robert Ker, John Dalyell, James Wright, John Knox, Adam Penman, Robert Lichtoun, Alexander Dickeson, Patrick Fleeming, John Hay, Richard Dickeson, Thomas Vasse, David Drummond, Alexander Somervill, Robert Eliot, Robert Blair, James Bruce, Robert Traile, Samuel Rutherfurd, Alexander Colvill, Walter Greg, Alexander Balfour, George Thomson, John Moncreiff, John Smith, Patrick Gillespie, John Duncan, James Sibbald, Alexander Casse, John Hume, Alexander Kinneir, Walter Swintoun, Robert Knox, William Penman, James Guthrie, Thomas Donaldson, William Jameson, Thomas Wilkie, John Knox, Robert Murray, John Freebairn, Robert Wright, David Auchterlonie, William Maior, Samuel Austein, John Leirmont, Andrew Lauder, James Irving, Alexander Turnbull, James Bonar, William Adair, John Neve, Patrick Colvil, Matthew Birsbane, John Hamiltoun, Allan Ferguson, Robert Ramsay, Geo. Young, David Dickson, Robert Bailie, James Nasmith, John Lindsay, John Weir, Evan Cameron, James Affleck, John Robison, Andrew Eliot, Silvester Lambie, Laurence Skinner, William Rate, David Campbel, Andrew Cant, William Douglas, David Lindsay, Gilbert Anderson, Alexander Garrioch, William Jaffray, Thomas Law, William Campbell, Walter Stewart, Ministers; And Archibald Marquesse of Argyle, John Earle of Crawfurd-Lindsay, William Earle Marshall, William Earl of Glencairn, John Earle of Cassils, Charles Earle of Dumfermling, James Earle of Tullibardine, Francis Earle of Bacleugh, John Earle of Lauderdale, William Earle of Lothian, William Earle of Lanerk, Archibald Lord Angus, John Lord Balmerino, Robert Lord Burleigh, John Master of Yester, Sir Patrick Hepburn of Waughtoun, Sir John Hope of Craighall, Sir Archibald Johnston of Wariston, Sir David Hume of Wedderburn, Sir Robert Jnnes of that ilk, Sir William Baily of Lamington, Sir John Muncreiffe of that ilk, James Macdougal of Garthland, Patrick Cockburn of Clarkington, Sir Hugh Campbel of Cesnock, Sir William Cunningham of Cunningham-head, John Hume of Blackader, Sir James Dundas of Arniston, Alex. Forbes Tutor of Pitsligo, M. Geo. Winrham of Libberton, David Weemes of Fingask, M. Francis Hay of Balhousie, Alex. Brodie of that ilk, M. Alex. Colvil of Blair, Geo. Dundas of Dudiston, William Moor of Glanderston, Sir James Nicolson of Colbrandspaith, John Edgar of Wedderlie, William Hume of Lenthill, James Ruchhead, Laurence Henderson, and James Stuart, Bailies of Edinburgh, George Porterfield Provest of Glasgow, Wil. Hume there, Ro. Arnot Provest of Perth, John Semple Provest of Dumbarton, John Kennedie Provest of Air, M. David Weemes, Geo. Gardine, John Johnstoun, Tho. Paterson, Tho. White, John Sleigh, Elders. Giving unto them full power and Commission To do all and every thing for prosecuting, advancing, perfecting, and bringing the said work of Uniformity in Religion in all His Majesties Dominions to a happy conclusion, conform to the former Commissions granted by preceding Assemblies thereanent. And to that effect appoints them, or any seventeen of them, whereof thirteen shall be Ministers, To meet at Edinburgh the 19 of this Moneth, and thereafter upon the second Wednesdaies of August, November, Februar, and May next to come, and upon any other day, and in any other place they shall think meet. And further, renews to the persons before named, the power contained in the Act of the said Assembly 1643, Intituled, A reference to the Commission anent the persons designed to repair to the Kingdom of England; As also the power contained in two severall Acts of the said Assembly 1644, Sess. 6. made against secret disaffecters of the Covenant and for sending Ministers to the Armie, with full power to them to treat and determine in the matters aforesaid, and in all other matters referred unto them by this Assembly, as fully and freely as if the same were here particularly expressed, and with as ample power as any Commission of former Generall Assemblies hath had, or been in use of before; They being alwayes for their whole proceedings comptable to, and censurable by the next Generall Assembly.

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Renovation of the Commission for prosecuting the Treaty for Uniformity in England.

THE Generall Assembly, Taking to their consideration that the Treatie of Uniformity in Religion in all His Majesties Dominions is not yet perfected, Therefore Renews the power and Commission granted by preceding Assemblies for prosecuting that Treatie, unto these persons afternamed, viz, M. Alexander Henderson, M. Robert Douglas, M. Samuel Rutherfurd, M. Robert Bailie, M. Geo. Gilespie, Ministers; And John Earle of Lauderdale, John Lord Balmerino, and Sir Archibald Johnston of Wariston, Elders; Authorizing them with full power to prosecute the said Treatie of Uniformity with the Honourable Houses of the Parliament of England, and the Reverend Assembly of Divines there, or any Committees appointed by them: And to do all and every thing which may advance, perfect, and bring that Treatie to an happy conclusion, conform to the former Commissions given thereanent.

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The Assemblies Answer to the Kings Majestie.

May it please your Majestie,

HAVING received your Majesties Letter with thankfulnesse, we thought it our dutie to send some of our number to wait upon your Majestie, and present our humble desires more particularly then at this time could be expressed by writ; And we are confident your Majestie will interprete our freedom and plain dealing by them, to be a reall testimonie of our unfained affection, who have constantly laboured to approve our selves in all fidelity to our Lord and Master Jesus Christ, and in all loyaltie to your Majestie; And are resolved to walk still after the same rule in our severall stations and vocations, continuing our Prayers for you, that God may multiply all sorts of Mercies upon your Royall Person and Posterity, and more and more incline your heart to the speedie following of the Counsels of Trueth and Peace, and grant unto your Majestie a long and happy Reign, that we may live under you a peaceable and quiet life, in all godlinesse and honesty.

Subscribed in name of the Nationall Assembly of the Kirk of Scotland by the Moderator.

Edinburgh, 18 Junii, 1646.

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The Assemblies Letter to the Right Honorable the Lords and Commons in the Parliament of England assembled at Westminster.

Right Honourable,

THE report of the great things which the Lord hath done for your Honours, hath gone forth into many Lands, and it becometh us least of any either to smother or extenuate the same; We desire to be enlarged in the admiration of the Power and Mercie of God the Author, and to diminish nothing of that praise that is due unto you as instruments. When the Lord set your Honours upon the Bench of Judgment, both the Kirk and Common wealth of England were afflicted with intestine and bosome evills, the cure whereof could not but be very difficult, because they were not only many, but for the most part Universal and deeply rooted, sheltred under the shadow of Custome and Law, and supported with all the wisdom and strength of the Malignant and Prelaticall partie; who rather chose to involve the Land in an unnaturall and bloody Warre, then to fail of their ambitious and treacherous designes, against Religion, the priviledges of Parliament, and the Lawes and Liberties of the Kingdom: Neither hath that miserable crew been wanting to their owne ends, but for many years together hath desperately pursued their resolutions in Arms; And was likely to have prevailed, if the Lord had not put himself in the breach, and furnished you with much Patience, Wisdom, Courage, and Constancy, in the midst of many difficulties and distresses; and at last with so glorious and triumphing a successe, that the Enemy hath fallen every where before you, and there is none left to appear against you. These things as they be the matter of our refreshment and of your glory, so doe they lay a strong obligation upon your Honours to walke humbly with your God, and to improve the power he hath put into your hands for the advancement of the Kingdom of his Son, and bringing forth of the head-Stone of his House. The slow progresse of the work of God hath alwayes been the matter of our sorrow, which is now increased by the multiplication of the spirits of errour and delusion, that drowne many souls into perdition, and so strengthen themselves, that they shall afterward be laboured against with more pains then successe, if a speedy and effectual remedie be not provided. And therefore as the servants of the living God, who not onely send up our supplications daily for you, but have hazard our selves in your defence, We do earnestly beseech your Honors in the bowels of Jesus Christ, to give unto him the glory that is due unto his Name, by a timous establishing all his Ordinances in the full integritie and power thereof, according to the League and Covenant. As long as the Assembly of Divines was in debate, and an enemy in the fields, we conceived that these might be probable grounds of delay, which being now removed out of the way, we do promise to our selves from your Wisdom, Faithfulnesse, and Zeale, the perfiting of that which was the main ground of our engagement, and a chief matter of consolation unto us in all our sad and heavy sufferings, from the hand of a most cruell Enemy. We know that there is a generation of men who retard the work of Uniformity, and foment Jealousies betwixt the Nations, studying if it were possible, to break our bands asunder; But we trust, that he that sits in the Heavens will Laugh, and that the Lord shall have them in derision, that he shall speak to them in his wrath and vex them in his sore displeasure, and notwithstanding of all that they can do, set his King upon his holy hill of Sion, and make these Nations happy in the sweet fruits of Unity in Truth and Peace. The searcher of hearts knows that we desire to hold fast the band of our Covenant, as sacred and inviolable; being perswaded that the breach of so solemne a tye could not but hasten down upon our heads a curse and vengeance from the righteous Judge of the world, and involve these Kingdoms in sader calamities than they have yet seen; And we abhor to entertain any other thought of you: Nay we are confident that your Honours will seriously indeavour the prosecution of all these ends designed in the Covenant, and the bringing these Nations unto the neerest conjunction both in judgement and affection, especially in these things that concern Religion, which without all controversie, is the readiest and surest way of attaining and securing the Peace and Prosperity of both Kingdoms.

Subscribed in name of the Generall Assembly by the Moderator.

Edinburgh, 18 Junii, 1646.

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The Assemblies Letter to the Right Honorable the Lord Major, Aldermen, and Common-Counsell of the City of London.

YOUR late and seasonable testimony given to the Truth of the Gospel, and your affection to the Peace of the Kingdoms, manifested in your humble Remonstrance and Petition to the Honorable Houses of Parliament, hath so revived the remembrance of your former Faith and Zeal, and proclaimed you the worthy seed of so noble ancestors in that famous City, As we cannot but acknowledge with all thankfulnesse the grace of God bestowed on you, and stirre you up to take notice, how since you were precious in the Lords sight, you have been ever Honourable, The Lord hath loved you, given men for you, and people for your life: What an honour was it in the dayes of old, when the fire of the Lord was in Zion, and his furnace in your Jerusalem (even in Queen Maries dayes) that there were found in you men that loved not their lives unto the death? What a glory in after times, when Satan had his Throne and Antichrist his seat in the midst of you, that there were still found not a few that kept their Garments clean? But the greatest praise of the good hand of God upon you hath been in this, That amidst the many mists of Errour and Heresie which have risen from the bottomlesse pit, to be-spot the face and darken the glory of the Church, (while the bride is a making ready for the Lamb) you have held the Trueth, and most piously endeavoured the setling of Christ upon his Throne. We need not remember how zealous you have been in the Cause of God, nor how you have laid out your selves and estates in the maintenance thereof, nor how many acknowledgements of the same you have had from the Honourable Houses, nor how precious a remembrance will be had of you in after ages for your selling of all to buy the Pearl of price: We only at this time do admire, and in the inward of our hearts do blesse the Lord for your right and deep apprehensions of the great and important matters of Christ in his Royall Crown, and of the Kingdoms in their Union, while the Lord maketh offers to bring our Ship (so much afflicted and tossed with tempest) to the safe Harbour of Trueth and Peace. Right memorable is your Zeal against Sects and Sectaries; your care of Reformation, according to the word of God, and the example of the best Reformed Churches; your earnest endeavours and noble adventures, for preserving of the rights and priviledges of Parliament, and Liberties of the Kingdomes, Together with his Majesties just power and greatnesse; and your high profession, that it is not in the power of any humane authority to discharge or absolve you from adhearing unto that our (so solemnely sworn) League and Covenant, or to enforce upon you any sense contrary to the letter of the same; Besides your other good services done unto the Lord and to us, in the strengthening of the hands of the reverend Assembly of Divines, and of our Commissioners in their asserting of the government of Christ (which the more it be tried will be ever found the more precious Truth) and vindicating of the same from the usurpation of man, and contempt of the wicked. These all as they are so many testimonies of your Pietie, Loyaltie, and undaunted resolution to stand for Christ; So are they and shall ever be so many obligations upon us your Brethren, to esteem highly of you in the Lord, to bear you on our brests before him night and day, and to contribute our best endeavours, and to improve all opportunities for your encouragement. And now we beseech you in the Lord, Honorable and welbeloved, go on in this your strength, and in the power of his might who hath honoured you to be faithfull, stand fast in that liberty wherewith Christ hath made you free; And in the pursuance of this truth, we are confident, as you have so you will never cease to study the Peace and neerer conjunction of the Kingdoms, knowing that a threefold cord is not easily broken. Now the Lord Jesus Christ himself, and God even our Father, which hath loved and honoured you, and given you everlasting consolation, and good help through grace, comfort your hearts, and stablish you in every good word and work.

Subscribed in name of the Generall Assembly by the Moderator.

Edinburgh, 18 Junii, 1646.

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The Assemblies Letter to the right Reverend the Assembly of Divines in the Kirk of England assembled at Westminster.

Much Honoured and right Reverend,

AMONGST other fruits of this our precious liberty, after such dissipation by Sword and Pestilence, to meet again, we account it not the least to have the opportunity of making a publike Declaration of our earnest affection to all our brethren of that Nation, and especially your selves of the Reverend Assembly at Westminster. When we were lately in a very low condition, we may say that our own sufferings and fears, although imbittered with the sense of the Lords displeasure against our lukewarmnesse and unfaithfulnesse; yet they did not so take up our heart, but that room was left to congratulate with the Lords people there in all their successes, and to condole with them in all their dangers; And if at any time any here seemed to be more jealous then godly jealousie would allow, we know not how it can be imputed to any thing else, but to the vehemencie of ardent affection, and impatient desire to have our brethren there and us joyned neerer to Christ, and neerer to one another in all his Ordinances; and especially in Presbyteriall Government, so well warranted by the Word, and approven by experience of our owne and other reformed Churches; Wherein your long and unwearied endeavours have been blessed with a large increase, which yet hath proved still a seed unto a further and more glorious expected harvest. There could not be wished by mortall men a fairer opportunity than is cast in your laps; being invited and charged by so high an authority, to give so free and publike a testimony to those truths, which formerly many of the Lords precious ones by tongue and pen, by tears and blood have more privately asserted; The smallest of Christs truths (if it be lawfull to call any of them small) is of greater moment, then all the other businesses that ever have been debated since the beginning of the world to this day; But the highest of honours and heaviest of burdens is put upon you, to declare out of the sacred records of Divine Truth, what is the prerogative of the Crown and extent of the Scepter of Jesus Christ, what bounds are to be set between Him ruling in his House, and powers established by God on Earth, how and by whom his House is to be governed, and by what wayes a restraint is to be put on these who would pervert his Truth, and subvert the faith of many. No doubt mountains of oppositions arise, and goolfs of difficulties open up themselves in this your way; But you have found it is God that girdeth you with strength and maketh your way perfect and plain before you, who hath delivered, and doth deliver, and will yet deliver. We need not put you in minde that as there lyeth at this time a strict tye on all, so in a speciall manner both you and we are ingaged to interpose our selves between God and these Kingdomes, between the two Nations, between the King and the People, for averting of deserved wrath, for continuing and increasing of a well grounded Union, for procuring as far as in us lyeth a right settling of Religion and Church-Government; That when we shall sleep with our fathers, the Posterity here and abroad may be reaping the fruits of our labours.

We are fully assured of your constant and sedulous promoving of this blessed Work, and of the Lords assisting and carrying you on therein: And are confident that your late experience and present sense of the great danger and fearfull confusion flowing from the rise and grouth and Sects and Sectaries not suppressed, hath stirred up in your hearts most fervent desires, and carefull endeavours for remedying the same, wherein we exhort you to continue and abound; knowing that your labours shall not be in vain in the Lord, to whose rich grace we commend you, and the work in your hands.

Subscribed in name of the Generall Assembly by the Moderator.

Edinburgh, 18 Junii, 1646.

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Recommendation to Presbyteries and Provinciall Assemblies.

1.

THE Assembly recommends to severall Presbyteries and Provinciall Assemblies, to consider the interests of particular congregations, in the calling and admission of Ministers, with all these questions that usually fall out upon that occasion; And to report their opinions to the next Assembly, with some fit Overtures for preventing all contests in that matter.

2. The Assembly recommends to Presbyteries and Provinciall Assemblies to consider all the matters referred by preceding Assemblies to the consideration of Presbyteries, And to report their opinions therein to the next Assembly.

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Act for a publike Fast before the next Assembly.

THE Assembly having considered an Act of the Assembly 1644, Sess. Ult. enjoyning a publike Fast to be keeped in all the Kirks of the City where the General Assembly holds upon the first day of the meeting of the Assembly; And finding some inconveniencies therein, Therefore at this time untill the matter be further considered, Appoints a publike Fast and Humiliation for the Lords blessing to the meeting of the next Assembly, to be universally observed in all the congregations of this Kirk upon the Sabbath next except one preceding the said next Assembly; The exercises for the members of the Assembly at their first meeting, Being still observed according to the ancient and laudable practise of this Kirk, This appointment notwithstanding.

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THE Assembly appoints the meeting of the next Generall Assembly to be at Edinburgh upon the first Wednesday of August 1647.

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

1.—Election of M. Robert Blair, Moderator. Sess. 1.

2.—Committee for tryal of the Commissions questioned. Sess. 2.

3.—Committee for References, Reports, and Appeals. Ib.

4.—Committee for Bills and Overtures. Ib.

5.—Committee for examining the proceedings of the Commissioners of the preceding Assembly. Ib.

6.—Committee for revising the Provinciall Books. Ib.

7.—Commission from Ireland for representing the condition of the Kirk there. Ib.

8.—Letters from the Committee at Newcastle, the Generall, and the Commissioners at London. Ib.

9.—Ref. concerning the printed Papers sent from the Commissioners at London to the Commis. Assem. Ib.

10.—Thanks to M. David Calderwood, with a recommendation to him concerning the History of the Kirk. Ib.

11.—Act concerning the charitable contribution for the distressed Brethren in Argyle. Ib.

12.—Order for re-printing the Answer of the House of Lords to the City of Londons Remonstrance. Ib.

13.—Ref. to the Commis. Assem. concerning absents from this Assembly. Sess. 3.

14.—Report concerning the Kirks of Levingston and Slamanna approven. Ib.

15.—Recom. sent by Will. Hume to the Earle of Winton, concerning the Lord Sempils education. Sess. 4.

16.—Recom. to the Province of Merce and Teviotdale, for abolishing Festival and Patron dayes in these bounds, and to report their diligence to the next Assembly. Ib.

17.—Committee for the Querees from the Province of Merce. Ib.

18.—Com. for the Petitions from Ireland. Ib.

19.—Recom. for M. Alex. Case. Ib.

20.—Committee to confer with M. Iames Kennedie. Ib.

21.—Ref. to the Commis. Assem. for planting the South Kirk of Leith. Ib.

22.—Recom. concerning the Spittle Lands of Garvock to the Commission of Parliament for plantation of Kirks. Ib.

23.—Act for the supply of Margaret Rind, relict of M. Robert Lindsay Minister at Couper in Angus, murdered by the Rebels. Ib.

24.—Ref. of the Petition from Doun and Antrim in Ireland, to the Commis. of Assem. Sess. 5.

25.—Committee for the Petition of Robert Brysons relict. Ib.

26.—Act for delating the Queeres of Merce and Teviotdale out of the Provinciall Book. Ib.

27.—Act concerning the Presb. of Kirkwall, and M. Ia. Morison their rebuke, with the reposition of the said M. Iames. Ib.

28.—Report from the Earle of Winton, concerning the Lord Sempils education in Glasgow. Ib.

29.—Letters from the Commissioners at London, with a Committee to consider the same. Sess. 6.

30.—Ref. to that same Committee concerning Delinquents. Ib.

31.—Concerning the relict of M. Rob. Lindsay. Ib.

32.—Remit. concerning Michael Watson, Agnes Ritchie and Isabel Adam, to the Presb. of Glasgow. Ib.

33.—Recom. Iames Banerman to the Magistrate. Ib.

34.—Recom. M. Robert Boyd for some supply to the Presb. of Hamiltoun. Ib.

35.—Ratif. of the Act made concerning the Printing M. Boyde of Trochrigs Book, in favours of the relict and successours of Robert Bryson Printer. Ib.

36.—Committee for the matter concerning the Kirk of Glenluce. Ib.

37.—Recom. for Ministers to imploy their talents in writing. Ib.

38.—Act for M. Iohn Hay at Peebles going to the Mr. of Yesters Regiment. Sess. 7.

39.—Recom. for conveening the Commis. of Parl. for plantation of Kirks, and concerning the disorders in the Borders, to the Committee of Estates. Ib.

40.—Recom. Glencorce, Tweedmoore, Kailzie, and Bath, to Commis. for planting Kirks. Ib.

41.—Report of the answer of the Committee of Estates, to the particulars recommended to them. Ib.

42.—Committee to consult upon the remedies of the disorders in the south borders. Ib.

43.—Ordinance for Claude Hamiltouns relaxation. Ib.

44.—Ref. M. Peter Inglis and his Tenets to the Commis. Assem. for publike affairs. Ib.

45.—Ref. concerning idle and sturdy beggars, especially these called Gipsies, concerning concealers and destroyers of conception, adulterers, and incestuous persons to Commis. Assem. for presenting Overtures thereanent to Parl. Ib.

46.—Recom. Arch. Douglas and Margaret Smith for charity. Ib.

47.—Thanks to the Earle of Bacleugh. Sess. 8.

48.—Committee concerning the Earle of Seafort. Ib.

49.—Recom. concerning the present election of the Magistrates and Counsell of Aberdeen to the Com. of Estates. Ib.

50.—Ref. concerning the transportation of M. Rob. Ker to Hadington to the Presbytery and others adjoyned. Ib.

51.—Ref. concerning the Kirk of Gordoun to the Commis. of Assem. Ib.

52.—Warrant for examination of M. Iames Daes as a Witnesse in the matter concerning the Kirk of Gordoun. Ib.

53.—Recom. Fothringhame Bigamist to the Justice. Ib.

54.—Commis. for visitation of the Universitie of S. Andrews. Sess. 9.

55.—Commis. for visitation of the Universitie of Glasgow. Ib.

56.—Commis. for visitation of the Universitie of Aberdeen. Ib.

57.—Committee for conference with M. Iames Kennedie excommunicate. Ib.

58.—Recom. M. Iohn Maccorne. Ib.

59.—Ref. concerning Ministers to Ireland to the Commis. Assem. Ib.

60.—Ref. concerning the Petitions of Londondary, Newtoun, and Killeleauch, to the Commis. Assem. Ib.

61.—Recom. M. Iohn Cunneson and M. Thomas Ireland. Ib.

62.—Warrant for citing witnesses in the particulars of the Paper given in by Halyburton. Ib.

63.—Continuation of Sir Iohn Mackenzie. Ib.

64.—Recom. Eliz. Borthwick. Ib.

65.—Committee concerning Iames Murrays bussinesse. Sess. 10.

66.—Renunciation Sir Iohn Mackenzie of Seaforts Band. Ib.

67—Recom. to Presbyteries that they admit not expectants to be actuall Ministers to Regiments. Ib.

68.—Ref. to Commiss. concerning M. Francis Comeray. Ib.

69.—Committee for conference with the Committee of Estates upon the answer to the Commissioners at London.

70.—Recom. concerning M. Alex. Petrie. Ib.

71.—Ref. M. Iames Lang to the Commission for publike affairs. Ib.

72.—Ref. concerning Rouse’s Paraphrase of the Psalmes to the Commiss. Ib.

73.—Recom. to M. David Calderwood to consider the order of the visitation of Kirks and tryall of Presbyteries, and to report to the next Assem. Ib.

74.—Act for M. Thomas Wylles removing to Mauchlen conform to the Act of transportation. Ib.

75.—Recom. to Presb. Linlithgow concerning the planting of Lithgow and Falkirk. Ib.

76.—Recom. for intimation of Seaforts excommunication. Sess. 11.

77.—Letter from the Commissioners at London, 9 Iunii. Ib.

78.—The Assemb. answer to the Commissioners at London. Ib.

79.—Act concerning the Lord Scottistarbits deliverie of the authentick Confession of Faith, subscribed by King Iames and his houshold, with an order for thanks to him therefore. Ib.

80.—Town of Edinburghs Bill for three Ministers laid aside. Ib.

81.—Ref. concerning Aberchirdor and Innerkethine to the Commiss. for visitation of the University of Aberdeen. Ib.

82.—Recom. Margery Fraiser, relict of M. D. Houston to the Committee of losses. Ib.

83.—Recom. M. Alexander Forrester. Ib.

84.—Recom. Margaret Campbell to the Committee of Estates. Ib.

85.—Recom. Agnes Halyburton to the Presb. of Mers and Teviotdale. Ib.

86.—Acts concerning Ia. Murray. Ib.

87.—Ref. to the Commiss. Ass. to consider the interests of the Kirk in planting Universities and the chief Masters thereof. Ib.

88.—Recom. concerning the publike passages of thir times, to be collected in severall Presbiteries, and sent to the Com. Assem. Ib.

89.—Recom. Iean Alexander to the Presbit. of Edinburgh, and the Presbyteries in Angus and Merns. Ib.

90.—Recom. Sir William Dick to the Committee of Estates. Ib.

91.—Order for M. Alexander Levingston to the Generall Artilleries Regiment. Ib.

92.—Recom. M. Tho. Crawfoord to revise M. Robert Boyds Works. Ib.

93.—Recom. to Presb. to put in execution the former Acts concerning Bursars, and to make account of their diligence to the next Assem. Ib.

94.—Admonition Presb. Hamiltoun for proceeding against Alexander Taes. Ib.

95.—Relaxation of M. Iohn Hay from the sentence of suspension. Ib.

96.—Committee to represent the Bill concerning the insolencies in the Borders, to the Councell and Committee. Sess. 12.

97.—Recom. Ministers of Argyle to the Committees. Ib.

98.—Commiss. concerning the particulars betwixt Iohn Wilkie of Souldoum and M. Thomas Ramsay, Minister there. Ib.

99.—Advice concerning the division of Basinden. Ib.

100.—Committee to urge an answer to the desires of the Assem. concerning the election of the Magistrates of Aberdeen. Ib.

101.—Ref. to the Commiss. of Assem. to insist upon all occasions for an answer thereunto. Ib.

102.—Ref. to the said Commission of Assem. for planting vaking places in the Kirk and Colledge of Aberdeen. Ib.

103.—Letters to the Committee of Newcastle, the Generall, Lievt.-General Lesly, and Generall Major Middleton. Sess. 13.

104.—Ref. M. Edward Wright to the Commiss. of Assem. Ib.

105.—Renovation of the Commission of Orknay and Zetland. Ib.

106.—Ref. concerning Witches to Com. Ass. Ib.

107.—Recom. of the Printer in Amsterdam his Bill concerning the charts of this Kingdom. Ib.

108.—Suspension M. William Wilkie with a reference to the Commis. of Assem. concerning his relaxation. Sess. 14.

109.—Ref. Commis. Assem. concerning Doctor Balcanquals Letters. Ib.

110.—Ref. of the Petitions of the Earle of Traquair and Drumfreis to the Commis. Assem. Ib.

111.—Act in favours of Barbara Mein, relict of umwhile M. Will. Home Minister. Ib.

112.—Order for a Minister to Col. Rob. Montgomeries Regiment. Ib.

113.—Ref. Sir Iohn Smith to Commis. Assem. for publike affairs. Ib.

114.—Ref. of the Petition of the Town of Edinburgh for two Ministers to the Commis. Assem. Ib.

115.—Report of the Committee concerning the Kirk of Glenluce, and the Assem. approbation thereof. Ib.

116.—Act concerning such as are absolved by civill Judicatories. Ib.

117.—Declaration concerning an Act in the Provinciall Book of Aberdeen, touching M. Nathaniel Martin. Sess. ult.

118.—Recom. of the vaking stipends of Aberdeen, in favours of M. Nathaniel Martin. Ib.

119.—Recom. concerning the mortifications by the Laird of Drum to the Commis. for visitation of the Universitie of Aberdeen. Ib.

120.—Act concerning the distribution of the contribution for the distressed Ministers in Argyle, M. Thomas Ireland, and M. Iohn Cunneson. Ib.

121.—Report of the Committee concerning the insolencies in the Borders. Ib.

122.—Ref. Commis. concerning the planting the Kirks of Perth. Ib.

123.—Ref. concerning the correspondence with the Protestants in Holland and elsewhere. Ib.

124—Ref. concerning the recom. of M. Eliezer Gilbert to a Regiment. Ib.

125.—Recom. of M. Gawin Forsythe for maintenance, to the Presb. of Glasgow and Province of Glasgow and Air. Ib.

126.—Recom. of that part without the Town of Edinburgh called Bristo to Lothian and Teviotdale. Ib.

127.—Three Acts concerning D. Strang. Ib.

128.—Act ratifying M. Alex. Innes his deposition, with an Ordinance to the Presb. of Aberdeen to proceed further against him. Ib.

129.—Committee for presenting the Assemblies thanks to the Generall Artillery. Ib.

130.—- Ref. to the Commis. Assem. for trying of the murther committed within the Presbyterie of Chirnsyde, and the Presbyteries carriage thereanent. Ib.

131.—Ref. M. Alex. Robertson, and M. Iohn Chene, to the Commis. for visitation of the University of Aberdeen. Ib.

132.—Ordinance for Presb. of Hamiltoun to proceed against M. Iohn Rae. Ib.

133.—Recom. for laying aside some old customes and practises. Ib.

134.—Indiction of a Fast. Ib.

135.—Recom. M. Dougall Daroch to the Committee of Estates and the Committee of money. Ib.

136.—Ref. to the Commiss. of Assem. concerning the tryall of persons of quality members of the Colledge of Justice, or others who have their residence in Edinburgh for their complyance with the Rebells. Ib.

137.—Commission for these that are to repair to the King, Ib.

138.—The Assemblies Letter to M. Alexander Henderson. Ib.

139.—Letter to the Earle of Sutherland and other Gentlemen in the North. Ib.

140.—Ref. Commiss. for dispensing the annuity of 500l. Sterling upon publike affairs of the Kirk. Ib.

141.—Act to provide for the charges and all necessaries for M. David Calderwood in his publike imployments; And likewise for the great pains and charges of the Clerk. Ib.

142.—Act concerning M. Ia. Strachan. Ib.

143.—Ref. to the Commission to consider of Overtures for restraining any youths to go to the Colledge of Doway or other corrupt Colledges. Ib.

144.—Ref. to the Commis. for presenting Overtures to the Parliament. Ib.

---

Miscellaneous Historical Documents,
RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1646.

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1. Excerpts from Principal Baillie’s Account of the Westminster Assembly, continued from page 439.
A Publick Letter. January 20, 1646.

The hearts of the divines here who are wise, of the assembly, city, and elsewhere, are set only on the point of government. We are going on in the assembly with the Confession, and could, if need were, shortly end it. We are preparing for the Catechism; but we think all is for little purpose till the government be set up. The assembly has delivered their full sense of all its parts to the parliament half a year ago. The Independent party, albeit their number in the parliament be very small, yet being prime men, active and diligent, and making it their great work to retard all till they be first secured of a toleration of their separate congregations; and the body of the lawyers, who are another strong party in the House, believing all church-government to be a part of the civil and parliamentary power, which nature and scripture has placed in them, and to be derived from them to the ministers only so far as they think expedient; a third party of worldly profane men, who are extremely affrighted to come under the yoke of ecclesiastick discipline; these three kinds making up two parts at least of the parliament, there is no hopes that ever they will settle the government according to our mind, if they were left to themselves.

The assembly has plied them with petition upon petition, the city also, both ministers and magistrates; but all in vain. They know that schisms and heresies daily increase in all the corners of the land for want of discipline; yet the most of them care for none of these things. Had our army been but one 15,000 men in England, our advice would have been followed quickly in all things; but our lamentable posture at home, and our weakness here, make our desires contemptible. Had the King been of any considerable strength, fear would have made them careful to do duty; but their great success, the King’s extreme weakness, and our miseries, make them follow their own natural humours, to the grief of sundry gracious men of their own number. In this case our last refuge is to God, and under him to the city. We have gotten it, thanks to God, to this point, that the mayor, aldermen, common council, and most of the considerable men, are grieved for the increase of sects and heresies, and want of government. They have, yesterday, had a publick fast for it, and renewed solemnly their covenant by oath and subscription; and this day have given in a strong petition for settling of church-government, and suppressing of all sects, without any toleration. No doubt, if they be constant, they will obtain all their desires; for all know here that the parliament cannot subsist without London: so whatsoever they desire in earnest, and constantly, it must be granted. Wherefore, albeit they gave them a baffling answer to their former petition a month ago; yet considering the address of this in all its progress, they have thanked them for it, and promised a good answer speedily. The Independents, and all sects, are wakened much upon it, and all will stir; which way we do not know yet.

* * * *

Upon the city’s petition for government, the House of Commons have gone on to vote a committee in every shire to cognosce on sundry ecclesiastick causes, which will spoil all our church-government. This night our subcommittee has voted so much toleration for the Independents, that if to-morrow the grand committee pass it, as it is too like to do, this church, by law, will be given over to confusion, notwithstanding all we can do to the contrary. But that which vexes us most of all, is a report that is whispered, of the King’s purpose to go to our army.

* * * *
To Scotland. To Mr David Dickson. March 17, 1646.

In the assembly we are fallen on a fashious proposition, that has kept us divers days, and will do so divers more, coming upon the article of the church and the church-notes to oppose the Erastian heresy, which in this land is very strong, especially among the lawyers, unhappy members of this parliament. We find it necessary to say, “That Christ in the New Testament had institute a church-government distinct from the civil, to be exercised by the officers of the church, without commission from the magistrate.” None in the assembly has any doubt of this truth but one Colman, a professed Erastian; a man reasonably learned, but stupid and inconsiderate, half a pleasant, and of small estimation. But the lawyers in the parliament, making it their work to spoil our presbytery, not so much upon conscience, as upon fear that the presbytery spoil their market, and take up the most of the country-pleas without law, did blow up the poor man with much vanity; so he is become their champion, to bring out, in the best way he can, Erastian arguments against the proposition, for the contentment of the parliament. We give him a free and fair hearing; albeit we fear, when we have answered all he can bring, and have confirmed with undeniable proofs our position, the Houses, when it comes to them, shall scrape it out of the Confession; for this point is their idol. The most of them are incredibly zealous for it. The Pope and King were never more earnest for the headship of the church than the plurality of this parliament. However they are like for a time by violence to carry it, yet almost all the ministry are zealous for the prerogative of Christ against them. We are at this instant yoked in a great and dangerous combat for this very thing. We have been often on the brink to set up our government; but Satan to this day hindered us. The ministers and elders are not willing to set up and begin any action, till they may have a law for some power to purpose; all former ordinances have been so intolerably defective, that they could not be accepted. The Erastian and Independent party joining together in the Houses to keep off the government so long as they were able, and when it was extorted, to make it so lame and corrupt as they were able; yet at last yesterday an ordinance came forth to supply the defects of all the former, that so, without further delay, we might go to work.

* * * *

The Independents have the least zeal to the truth of God of any men we know. Blasphemous heresies are now spread here more than ever in any part of the world; yet they are not only silent, but are patrons and pleaders for liberty almost to them all. We and they have spent many sheets of paper upon the toleration of their separate churches. At the last meeting we concluded to stop our paper-debates, and on Thursday next to begin our verbal disputation against the lawfulness of their desired separation. When we have ended, the Houses will begin to consider this matter. The most there, and in the army, will be for too great a liberty; but the assembly, the city, and the body of all the ministry in the kingdom, are passionately opposite to such an evident breach of our covenant.

* * * *
A Postscript. March 31, 1836.

For the time our Commissioners can think on no private thing; for every day they attend, five or six hours together, a solemn debate, with a number of the chief of both Houses of parliament, about the propositions of peace to be sent to the King. A little time will shew much. We are in great doubts. The leaders of the people seem to be inclined to have no shadow of a king; to have liberty for all religions; to have but a lame Erastian presbytery; to be so injurious to us, as to chase us home with the sword. These things to you three alone. The Prince is landed in France, which will be a sentence of foreign war. This day the House of Commons have appointed a committee to secure the King’s person, if he should come to London. Our great hope on Earth, the city of London, has played nipshot: they are speaking of dissolving the assembly.

* * * *
To Mr William Spang. April 3, 1646.

The last letter of the King being more taking than the former, offering to be advised by the parliament, if his followers may be secured of their estates, has drawn an answer yesternight, which his five or six former were not able to do. The answer is, That they conceive it not for his good, nor the good of his people, to come hither, till first the propositions be granted which they are preparing to send. In the meantime the city-guards are multiplied, and a committee appointed to secure his person, and seize on his followers, if he should come hither.

* * * *

April 23, 1646.—Matters here are in a very ambiguous posture. Exeter is capitulating, if not already rendered. The Prince is yet in Scilly. The Houses have voted 10,000 foot and 2,000 of horse to be raised in the north. Sir Thomas Fairfax’s 21,000 men are voted to continue other four months. They are speaking of other 10,000 for the west: 40,000 men are a great army when there is not one man in the fields against them. The most think they intend to force us to what they will. The common word is, that they will have the King prisoner.

* * * *

They make the word to go, that the King resolves to go to the Scots army, knowing their compassionate hearts, and love to the King, if he would do his duty. They have belaid all the ways, that they may catch him if he should essay to go any where out of Oxford, till Cromwell come and take him up. No appearance of settling religion or the kingdom, yet God may do both quickly. We are in great grief and perplexity; we pity it that a very few persons should be enabled to keep all in a dangerous confusion, when all might be so easily settled.

* * * *
For Scotland. April 24, 1646.

The Houses put out an ordinance for the erecting of presbyteries; but so defective, that while it was in doing, the city drew up a petition against it; which the Houses voted a breach of their privileges. While we were in great hopes that the city would for all that stand to their petition, that we should learn to trust in no flesh, they shamefully succumbed: by a few fair words from the Houses, they were made as mute as fish. Yet the assembly were bold to petition the Houses against that ordinance; for which also they are voted breakers of their privileges. The assembly yet say, they will be stouter than the city, and mind not, by a few, whether fair or foul, words, to acknowledge any fault where none was. And we also, for our exoneration, do give in a fair remonstrance against that ordinance; whereunto as yet we have got no answer, and scarce expect any good one. But the eyes of all are most on the propositions of peace. Our state-commissioners had many and long debates, both by word and writ, with a committee of the Houses, upon the alterations of the former propositions, whereupon both kingdoms had agreed long ago. It came at last to this, that however by treaty they were obliged not to make peace without us, yet they might send what propositions they pleased for their own kingdom; and that, for religion, they would send no particular at all, but only require the King’s consent for a power to the parliament here to establish religion in England and Ireland as they thought fit; also they required him to consent, that for time coming the power of the militia should be in the Houses allenarly, and no part of it in the crown. To neither of these we would consent.

* * * *

All the Royalists in Scotland could not have pleaded so much for the crown and the King’s just power, as the Chancellor and Wariston did for many days together. All will be presently printed either here or there. Sir Thomas Fairfax’s army will now be near Oxford. They would have made us believe, that the King had resolved to have broke through to our army for protection from prison; but I suspect the chief spreaders of these reports know well enough how they keep him fettered in Oxford with 4000 or 5000 horse, beside their daily treaties with Ashburnam, and these who have absolute power over him, to keep him still till they deliver him to Sir Thomas Fairfax, and to be disposed upon as Cromwell and his friends think it fittest for their affairs.

* * * *

You see how things stand here. We are on the brink either of a happy peace, or of a more unhappy war than yet we have felt. The madness of these unnatural men, who continue to let out the blood of their country, when it had most need of strength, is inexcusable. Scotland, for ever, must curse the memory, not only of these wicked murderers, but also of all these unhappy self-seeking fools who have or do contribute any thing to our divisions and heart-burnings.

* * * *
For Mr Henderson, being at Newcastle with the King.

You will have it from many hands, and I cannot but advertise you also, that the prevalent party desires nothing so much as the King’s refusing of any one of the propositions. It is the sense of all I meet with, that if the King should but delay to grant the propositions, this people will declare against him, and reject him for ever from being King. The Prince his going to France does much imbitter them, and further that which is the design of many, to abolish monarchy, and settle themselves in a new kind of popular government. If the King will presently pass all the propositions, I find the most very willing that he should return, and be received with so much power and honour, as may in a little time bring him to all his just and pious desires. He deceives himself exceedingly, if he expect any divisions here in haste. All will agree, if he remain obstinate, to ruin him and his family, and all who adhere to them. While this fear be secured, by appearance this people will be one. Divers, from whom least I expected it, are for the putting away of the whole royal race. The natural respect I have to all great families, and the great love and reverence that I ever carried to the King’s person, makes me grieve and fear much at this time. When I look upon the disposition of all men I know, I see nothing but ruin for poor Scotland, except the God of heaven help you there to save that poor prince from destroying of himself and his posterity.

* * * *
For Mr Spang. May 15, 1646. From London.

The other week, by appearance by a secret instruction, our letters at the city-guards were taken, and broken up, and read in the House of Commons. One of John Cheesly’s has caused much noise. For ourselves we are all well; neither do we fear any hard usage for any thing that can fall out. There is no appearance of any such wrong; but there was great appearance of surrounding our army at Newark, with all the forces they had, at least with 26,000 well-armed men, to take the King from us to prison, or to cut us off. This made us, after the capitulation for Newark, to retire with speed. We are now out of their danger in haste. The faction’s great design is to continue the war; a peace is their quick and evident ruin. The King’s being with us makes them mad; but all good people are very joyful of it.

* * * *

The good party has now the plurality in the House of Lords; many in the House of Commons are falling off our unfriends. It is hoped the city may yet remonstrate against the sects, and that to purpose shortly; but our great perplexity is for the King’s disposition. How far he will be persuaded to yield, we do not yet know. I hope Mr Henderson is with him this night at Newcastle.

* * * *
For Mr Henderson. May 19, 1646.

There is much talk here by all sorts of people of the King’s obstinacy; that he is the longer the worse, and refuses all reason. The faction rejoices herein. This disposition contributes exceedingly to their wicked design. All our friends are very sorry for it. Except God help you, that you have occasion to let us know shortly there is a great change, we will not know whither to turn us. Our perplexity for him and ourselves for the present is very great. If he would do his duty, in spite of all knaves, all would in a moment go right; but if God have hardened him, so far as I can perceive, this people will strive to have him in their power, and make an example of him. I abhor to think of it, what they speak of execution.

* * * *
For Glasgow. July 14, 1646.

On Sunday, in all congregations of the city, the elders are to be chosen. So the next week, church-sessions in every parish, and twelve presbyteries within the city, and a provincial synod are to be set up, and quickly, without any impediment that we apprehend. The like is to be done over all the land. They go to this work unanimously and chearfully at last, I mean all but the sectaries. That it may the better succeed, there is on Thursday next a general fast over the city, which both the assembly and parliament do countenance. The work of the assembly, these bygone weeks, has been to answer some very captious questions of the parliament, about the clear scriptural warrant for all the punctilio’s of the government. It was thought it would be impossible to us to answer, and that in our answers there should be no unanimity; yet, by God’s grace, we shall deceive them who were waiting for our halting. The committee has prepared very solid and satisfactory answers already, almost to all the questions, wherein there is like to be an unanimity absolute in all things material, even with the Independents. But because of the assembly’s way, and the Independents miserable unamendable design to keep all things from any conclusion, it is like we shall not be able to perfect our answers for some time; therefore I have put some of my good friends, leading men in the House of Commons, to move the assembly to lay aside our questions for a time, and labour about that which is most necessary, and all are crying for the perfecting of the Confession of Faith and Catechism. If this motion take, I hope we shall end shortly our Confession, for there are but a few articles now to go through. It will be a very gracious and satisfactory Confession when you see it. We made, long ago, a pretty progress in the Catechism; but falling on rubs and long debates, it was laid aside till the Confession was ended, with resolution to have no matter in it but what was expressed in the Confession, which should not be debated over again in the Catechism. If these two pieces, and the Catechism, were out of our hands, our long work were at an end. All the corrections of Mr Rous’s psalms and advices which come up from thence, were very friendly received, and almost all of them followed. It is like the assembly and parliament here will, ere long, authorise the use of that oft corrected Psalter. Whether you think meet to make use of it or not, it shall be absolutely in your own power.

* * * *
For Mr William Spang. August 7, 1646.

We were lately in some good hopes of an happy end of our long troubles, but now we are very near desperate of that. After all possible endeavours by all unanimously, Scots, English, French, so far as yet we know, the King refuses the propositions. We expect on Monday the Chancellor and Argyle, with the English commissioners. After their report to the Houses, we fear sad votes. It will be our endeavour to keep them from sudden conclusions. They take very long time to the smallest affairs: I fear they be too quick in deposing the King, and setting a day to the Prince. We are at a great nonplus, in very great grief and perplexity. We know not what either to say or do. There is before us a thick cloud of confusion. Many of the King’s greatest friends think his obstinacy judicial, as if, in God’s justice, he were destroying himself. I fear he will down with him all his posterity, and monarchy. Also in this isle we have very small hopes of doing any more with him, and many thousands more of his best subjects. This is the great joy of the prevalent party, the thing they panted for with all earnestness. Our griefs and fears are great, and for the time we are in a great stupidity and astonishment. It will be our endeavour to keep the nations together, albeit we scarce see the possibility of it. Mr Henderson is dying most of heartbreak at Newcastle.

* * * *
For Mr Henderson. August 13, 1646.

It seems the most here are inclined to declare against the King, and that without much regret. I know no remeid, but a quick message from him to grant all. I wish our meeting at Edinburgh would yet send to him for that effect; but I fear it be too late.

* * * *

In the assembly we were like to have stuck many months on the questions; and the Independents were in a way to get all their differences debated over again. I dealt so with Mr Rous and Mr Tate, that they brought us an order from the House to lay aside the questions till the Confession and Catechism were ended. Many took it for a trick of the Independents and Erastians for our hurt; but I knew it was nothing less. We are now near an end of our Confession. We stick on the article of synods, upon the proposition of their coercive power, or their power to excommunicate. If this were over, we apprehend no more long debates on the Confession. The Committee for the Catechism has well near ended their work.

* * * *
For Mr Robert Blair. August 18, 1646.

With much diligence, and art, and great perplexities, we strive every day to keep the House of Commons from falling on the King’s answer. We know not what hour they will close their doors, and declare the King fallen from his throne; which if they should once do, we put no doubt but all England would concur; and if any should mutter against it, they would be quickly suppressed. Do not expect, that ever any more messages will come to you [meaning the King] from this. If within a very few days you send not hither a simple and absolute grant of all the propositions, without any if, or and, you will quickly obtain your desire. A martyrdom, a perpetual close prison at least, will be your portion; and that without the pity of many. If yet you would do what within a few weeks you will on your knees beg to be permitted to do, but in vain, you might save all.

* * * *
For Mr David Dickson. August 18, 1646.

The King’s unhappy refusal of the propositions has put us here in a great deal of confusion and perplexity. The sectaries do exceedingly rejoice; the rest are in great sadness. The great danger was, that the House of Commons presently without any more, should declare against the King. Our great care was to prevent that great mischief; for if they once had passed a vote to demand the King, to remove our army, to send their army northward, there was no remeid. Therefore we made ready a paper before their commissioners returned, and presented it at the very back of their commissioners report, of our willingness to disband our army, and give up the garrisons upon reasonable satisfaction; and our desire to take, by common advice, a course for settling of the kingdoms. The noise of our very good carriage at Newcastle, the great equity of our paper, our private dealing with our friends in the Houses, made our motions taken: so we have got them to consider first the matter of our army before they came to the King’s answer. We hope to keep on this for some days, till the King have a little more time to be better advised. And such diligence has been used, that we hear he is coming near us.

* * * *

Their first offer to us was of £100,000 Sterling for the disbanding of our army. We, this day, gave them in a paper wherein we were peremptor for more than double that sum for the present, besides the huge sums which we crave to be paid afterward. They have appointed a committee to confer with us; we are in some hopes of agreement.

* * * *
For Glasgow. To Mr Robert Ramsay. London, August 18, 1646.

We are here, by the King’s madness, in a terrible plunge. The powerful faction desires nothing so much as any colour to cast the King and all his race away, to have a quarrel with us; this they will get if the King stick but for a few days many of the propositions. Many here will regret it; but none will oppose. With great difficulty we drive over a little time, and to our utmost labours with the King. He never did any good turn in due time; our people, I fear, be a snare to him. Divisions are like to increase, and the best to be borne down most. Worse evils hang above the head of poor Scotland than yet we have suffered, except the Lord prevent, and such as I cannot see their end. Blasphemous heresies rage here every where, without any controul, to this day. Warnings are clear and zealous; but a few that make it their work to patronise and advance a horrible liberty, mars all. This nation also is in a temper to fall in a worse war than the former. God help us, we had need to pray. Never people nearer to a bottomless pit of horrible evils.

* * * *
To Mr David Dickson, September 22, 1646.

Reverend and Dear Brother,

—— We have ended the Confession of Faith for the matter, and have perfected the most half of its nineteen chapters. The other seventeen, I hope, in a ten or twelve days will be perfected, and so all be sent up to the Houses. It will be, I hope, a very sweet and orthodox piece, much better than any Confession yet extant, if the House of Commons mangle it not to us. We are now upon the Catechism. We hope that also shall be a very good and plain piece. We are now at work, thanks to God, in earnest much more than ever. If the race hold, I trust this also in a month shall be over, and then Mr Rutherford and I will supplicate the commission for a demission. Mr Gillespie will be abundance to attend the queries. It will be a great question when you shall think meet to call a general assembly. We yet know not what to advise. It will be necessary to have the Confession and Catechism approven in a general assembly, as the Directory was; but we fear the condition of your affairs at this time, will scarce permit you to hazard to call one. Always be thinking on this; for it will be a great deliberandum shortly. To-morrow, the House of Commons debate the ordinance against heresies and blasphemies; we are very solicitous for it. The orthodox and heterodox party will yoke about it with all their strength, the Lord be among them; for the right or wrong carrying of that business is of a huge consequence, and nothing beyond it but another question which this day is handled, How to dispose of the King’s person? Great need had you there, as in my last I warned you, to see to the election of commissioners to the parliament, both in the burghs and shires. If that choice fall wrong, Scotland is in hazard to be ruined.

* * * *
For Mr Spang. October 2, 1646.

They have passed a vote of disposing the King’s person as their two Houses shall think fit, without any reference to us. We press, by many unanswerable reasons, our joint interest. They deny it. It is like we may join in advising, and get the question of power laid aside; but when we come to advise, we know not what to say. We expect one of these days William Murray with the King’s last answers. We are certain they will not satisfy. Their course thereafter with the King will be more summar than we readily can join in peace. We see an inundation of evils; except the great God arise we are undone. These things were the subject of yesterday’s full debate betwixt the two Houses and our commissioners. We expected £200,000 to have been put in our army’s hand within a fortnight, and the sectarian army disbanded, and that party humbled, government presently set up, the ordinance against sects and heresies that now is in debate to pass, and be execute; but the King’s obstinacy is like to mar all. And having done all we can, we know not what to do with him next. The good Chancellor is distempered with grief, and I with him also, and others of us; God help us. When we get better news ye shall get part; for the time I am not well neither in body or mind.

For Mr George Young. October 13, 1646.

The unreasonable vote of disposing of the King’s person as their two Houses of Parliament think meet, without the least reference to Scotland, they still adhere to. In three solemn meetings, the Chancellor, Wariston, and Lauderdale, did so out-reason them, that all the hundreds of hearers did grope their insolent absurdities; but for no other purpose, than to draw from them another very unexpected vote, of keeping up the army for six months more. The keys, the sword, and money, and preferments, in the hands of the sectaries. With much ado have we kept the report of these three conferences from the Houses, to be made in four or five sheets, on Thursday, by ourselves. The King’s answer cannot be here till Monday. In the meantime they are so peremptor, that they may pass a vote, declaring the King, for no scant of faults, incapable to govern while he lives. If this nail be once rooved, we with our teeth will never get it drawn. If we get it delayed a few days, till the answer come, it is well; but when that much-expected answer comes, if it be not satisfactory, as we are extremely afraid for it, then, by all appearance, this people, without more delay, will strike the fatal stroke; the consequences whereof I am oft troubled to think upon. If the answer were satisfactory, as some hope there is that at least in time it may be so, if the patience of this people, by all diligence we can use, may be kept but for a few weeks unbroken, all would go well.

For matters of religion, albeit for the time in an extreme ill posture, yet are in a case of thriving, if the accommodating of the King did permit men but to draw up their fainting spirits. The fear of that miscarriage lets no man mind any thing else. London and Lancashire goes on with the presbyteries and sessions but languidly. Sundry other shires are making to; but all the errors of the world are raging over all the kingdom. God save Scotland from that pest! In the ordinance against that evil there is some little progress made. To-morrow, by God’s help, we expect a farther. Our assembly for one twenty days posted hard; but since have got into its old pace. The first half, and more, of the Confession, we sent up to the House. The end of these who called for it, was the shuffling out the ordinance against errors; yet our friends have carried to go on with that. But others have carried the putting of scriptures to the margin of the Confession, which may prove a very long business, if not dextrously managed. It will be yet a fortnight before the other half of it be ready; for sundry necessar, but scabrous propositions, were added in the review. We have passed near a quarter of the Catechism; but we will not in earnest win to it till Confession be off our hand. I am near ready to speak a word with the Anabaptists. I dare say, too much ease has not been hitherto in me or my colleague’s disease.

* * * *
To Mr David Dickson. October 27, 1646.

The peace of the kingdoms is still in a great uncertainty. We fear every other day, that the Houses impatience of the King’s infinite delays break off in a fury against him, and then that he be brought to consent to all but to no purpose, unless to engage our poor kingdom in his quarrel, for the joining of our ruin to his own. It is also whispered, that he is coming off to grant all things but the covenant, and church-government, and that it is like the parliament here will close with him in these terms, without much regard to our complaints and miscontentment this way.

* * * *
To ——. [This letter is, I suppose, for Mr Robert Blair.] November 3, 1646.

I hear that not only the chief of the sectarian party, but some others, seem in private to give their readiness to welcome the King, if the other propositions be granted, though the covenant be shifted. The sectarian party, and divers others who profess most to oppose them, seem to be in a way near a disposition to admit, unanimously enough, of a charge against the King’s person, which they say is in readiness, and that the great stop to this, all fear from the Scots and the city will be removed. If they find that the King in his answer give not quick and full satisfaction in the covenant, I really believe the King is greatly abused if he dream that either the Scots or the city will make any considerable opposition to any course the parliament shall be pleased to take with his person, if there be any more hesitations in establishing that covenant.

It is to me marvellous, that no experience, how dear, or frequent soever, will learn his Majesty that one point of prudence, to do in time for his great advantage, what he must and will do ere long, without any thanks, and that with a great addition. The covenant now will do all his business. Will he scruple it till the ordinance pass, the next debate will be about his negative voice in the parliament; and very readily that shall be put in an ordinance; and without it also there shall be no admittance of him, or any of his, to the throne.

To many here it seems a great measure of imprudence, and (as some call it) induration and dementation, to be content that the parliament here should run out into the greatest extremities, and to hope that those shall be the readiest means to obtain to the King all his desires; for I verily think that if the parliament shall once go on to the hardest courses with the King, upon his refusal to pass the covenant, and to do these duties which the most of the good men in both kingdoms are persuaded he ought in reason, he will never get, either here or in Scotland, any considerable force for his defence.

* * * *

This people’s patient waiting for the King’s last answer, is very near a final period: and all are afraid that one of these days the House of Commons doors be closed, and some high vote pass that never shall be recalled.

* * * *

Again, I tell you, from all I converse with, the covenant is his safety; nothing less will do it; and this will do it, by God’s help abundantly.

* * * *
To Mr George Young. December 1, 1646.

The £200,000 was all told on Friday last. All this day our commissioners have been agreeing upon the way of its receiving, and the going of our army. Great haste will be used upon all hands, no stop is expected. We have had sore labour these weeks bygone, to put on many things in the Houses, assembly, and city, much ado to get the great sum; but when once it was on a way, it ran faster than it could be received. It was my dear friend Dr Burgess’s singular invention, that all who contribute to this sum, would have as much of his old debt, with all the annualrents counted to him, and for all make a good pennyworth of the bishops lands; so the bargain being exceeding advantageous, the strife was, who should come in with his money soonest. By this means we got the bishops lands on our back, without any grudge, and in a way that no skill will get them back again.

* * * *

The body of this people would gladly embrace the King and peace; but if one month longer he go on to dally, they will reject him for ever; and if he then run to us, to draw a perpetual war upon our backs, he cannot be very wellcome. Our commissioners here, twice every week, write such long, free, and true scrolls, as will absolve them from any guilt, if persons obstinate in madness will needs destroy themselves. I think all here shall either come home with me, or at my back. A base scurvy pamphlet came out against our papers, which by order of parliament this day was publickly burnt; yet the House of Commons answer to us was sent us this day also, little better than that which they burnt.

* * * *
For Mr James Robertson of Bedlay. December 8, 1646.

Some few of the most active men of the House of Commons and army are for too general a liberty for all consciences; but the most of both Houses are right and sound, and the body of the city are zealous against all errors and confusions, as the world will see in their new petition yet before this week end. Generally the ministers over all the kingdom are orthodox; and the sectaries except a very few, are but heady, illiterate persons. If peace were settled, and the army down, all here think that the noise of heresies, which now is very loud, would evanish. This night I count us as good us agreed for the sending down of our money, and the return of our army. I think, on Monday, and not sooner, it will go. We receive at Northallerton, £100,000, and the other beyond the Tine, when Newcastle is delivered.

* * * *
To my Lord——. [This, I suppose, is to the Earl of Loudon, Chancellor of Scotland.] December 25, 1646.

If it please God the King come hither, who shall be his ministers? By all means it must be provided, that he be not permitted to have any service either from Episcopal men or sectaries. There will be difficulty to get these eschewed. If the King have his choice, without rules from his parliament, he will take no other than Episcopal men. If some have the power either of nomination or effectual recommendation, without doubt the prime sectaries shall be planted about him. For the preventing of this, were it not meet, while the King is with us, to be thinking what ministers we could wish to wait on his family and children? In the mean time, while the King is on his journey, and while he is a-settling here, were it not meet to move his Majesty to require Mr Blair to attend him; and if it may be, to have the spiritual care of the children?

* * * *
To Mr William Spang.

The treaty for our army, and so the committee of both kingdoms, being ended, and the next deliberation about the King, being of that importance, that our commissioners think meet to remit it to the parliament of England, the Chancellor and Lauderdale purpose to go home the next week, and I, God willing, with them. Our assembly, with much ado, at last have wrestled through the Confession, and the whole is now printed. The House of Commons require to put Scripture to it before they take it to consideration; and what time that will take up, who knows? We have passed a quarter of the Catechism, and thought to have made short work with the rest; but they are fallen into such mislikes, and endless janglings, about the method and the matter, that all think it will be a long work. The increase of all heresies here is very great.

* * * *

At last his [the King’s] answer is come to us, and this day was communicate to both Houses. It is but a mere general, that he desires to come here to be heard, for the loosing of his scruples. The Houses have voted his coming to Holmby house near Northampton, in quality little better than a prisoner; which he will never agree to. It will be endeavoured that the two parliaments may agree in some course of his restraint, if he continue in his unhappy courses. His warrant the other day was produced for stealing away the Duke of York to France. If either he could be moved to agree with his parliament, or they to agree among themselves in any course for him, it seems we might have here, both in church and state, all our desires; but neither of these being likely, our dangers both in church and state are very great and imminent.

[See continuation of the Account of the Westminster
Assembly, appended to the Acts of 1647.]

---

Note of Proceedings in the Convention of Estates relative to the Church, betwixt the Assemblies of 1646 and 1647.

Nov. 14. Letter from the Parliament to the King, desiring a Settlement of Religion, and a happy and well-grounded Peace in all his Majesties Dominions, according to the Oath and Covenant, p. 231.

1647.

Jan. 16. Declaration of the Kingdom of Scotland concerning the King’s Majesty’s Person, p. 239. Desires of the Kingdom of Scotland, p. 240. A Letter from the Parliament of Scotland to the Parliament of England, p. 241.

Jan. 23. Ordinance anent the answering of the King’s Majestie’s Letter, direct to the Earl of Crawford. Ib.

Feb. 11. Answer of the Parliament to the Remonstrance of the Church, p. 247.

Feb. 12. Act for Transporting of the Kirk of Dunscore, p. 249.

March 12. Act Erecting the Kirk of Glencorse, p. 264. Act Erecting the New Kirk of Glenluce. Ib. Act Erecting the West Kirk of Calder. Ib. Act for Transporting the Kirks of Logie-Montrose, and Peant. Ib.

March 18. Act against Excommunicate Persons, ordaining that, after the lapse of forty days, they shall be put to the Horn, and Letters of Intercommuning and Caption issued against all who refuse the Covenant, &c., p. 267. Act Discharging Observation of Superstitious Days, p. 268. Answers of Parliament to the Overture given in to the Parliament by the Commissioners of the Assembly. Ib.

March 19. Instructions from Parliament to their Commissioners in London, p. 268.

March 20. Act and Commission to the Committee of Estates. Ib.

March 23. Act Lord Huntlie upon the Production of the Articles of Treaty betwixt the Kingdoms of Scotland and England, p. 272.

March 24. Act Renewing the Commission for Plantation of Kirks and Valuation of Teinds. Ib.

March 26. Act concerning the Education of Children under Popish Parents and Tutors, p. 276.

March 27. Commission for Visiting the University of Aberdeen, p. 288.

---

THE
GENERAL ASSEMBLY,
AT EDINBURGH, 1647.

---

In resuming our narrative of public events, in which the Church of Scotland acted an important part, we commence, on this occasion, at the beginning of June, 1646, when the King was in the Scottish Camp at Newcastle, and when the Assembly met at Edinburgh. From the Acts of that Assembly, it will be seen that his Majesty addressed a letter to it, (28th May,) promising “to maintain religion there as it is established, in doctrine, worship, and church government;” that the Assembly, on the 18th of June, responded to this in vague and general terms, but renewed its commission for “prosecuting, advancing, perfecting, and bringing the said work of uniformity in religion, in all his Majesty’s dominions, to a happy conclusion;” and addressed letters to the English Parliament, the Westminster Assembly, and the City of London, all to the same effect.[337]

On the 25th of that month, at a meeting of the Grand Committee of both Houses of the English Parliament, Argyle delivered a document containing the acquiescence of the Scottish Commissioners in the propositions for peace, which had been suggested by the English Houses; and delivered a speech in which uniformity in the three kingdoms, the Covenant, and intolerance to all Dissenters, formed the leading topics. The English Parliament, however, still sheltered itself under the convenient verbiage, that the church government in England should be modelled “according to the Word of God, and the example of the best reformed Churches.” At the same time, a petition from the officers and soldiers of the Scottish army, addressed to their general, Lord Leven, was got up. This was followed by a declaration of the Lord General, the general officers, and soldiers of that army, on the 29th of June, intimating their adherence to the Covenant, but intimating too, that, having come to England in support of their allies in that cause, they expected their pecuniary recompense, and that being given, they would then willingly retire into Scotland. A petition to the King, pressing on him the adoption of the Covenant and the enforcement of it in England, was also presented; so that Charles was assailed on all hands by a combined pressure from the Parliaments of both kingdoms—the Westminster and General assemblies—the Scottish army—to relinquish at once the last of his prerogatives and his conscientious principles. Whatever, therefore, he subsequently did in the way of concession, can only be ascribed to absolute and irresistible coercion, while in a state of thraldom.

The propositions of peace, as they were called, being thus concerted, with the elements of future discord in their bosom, were passed in the English Parliament, on the 27th of June; and, as an earnest of their extirpating tendencies, Morgan, a priest, who had received orders beyond seas in the Church of Rome, “was drawn, hang’d, and quarter’d at Tyburn,” on the 30th of the same month.[338]

On the 6th of July, “the Commons voted that this kingdom hath no further need of the Scottish army, and that the kingdom is unable to pay them longer; and that a letter should be sent from both Houses to the Commissioners of Scotland, to desire them to withdraw their army into Scotland.”[339] On the 10th of that month, the Assembly’s letters, already referred to, were received; and, on the 13th, the propositions for peace, which had been previously drawn out, [Die Sabbathi, 11th July, 1646,] were finally adjusted, in order to be offered to his Majesty.

The main points in these propositions, touching religion and its establishments, were, that the King should sign and swear the Solemn League and Covenant, and an act of the Parliaments in both Kingdoms be passed, enjoining all the subjects in the three kingdoms to do the same, under such penalties as the respective Parliaments should enact; that a bill be passed, utterly abolishing Prelacy, in terms of the treaty at Edinburgh, 29th November, 1643; that the ordinances as to the Assembly of Divines be ratified by act of Parliament; that the Reformation of Religion should be settled by act of Parliament, conformably with the League and Covenant; that an oath be imposed on all Papists, renouncing their tenets; and declaring that, if the King should not give his assent to these proposals, then, it being done by both Houses of Parliament and the Scottish Estates, the same should be as valid as if such assent had been given. There were other propositions, such as the King relinquishing the command of the army for twenty years; but to these it is needless here to allude further than that a long list of persons was proscribed as not fit to receive pardon for their proceedings during the troubles.[340]

On the 23d of July, the Commissioners from the English Parliament arrived at Newcastle, and were attended by Argyle and Loudoun as Commissioners for Scotland. The King appointed an audience next day, when the propositions were read to his Majesty, the Commissioners informing him that they had no power to treat, or to remain above ten days for an answer. At one of the interviews which the Commissioners had with the King, Loudoun, in very plain terms, intimated that the Parliament “are now in such a posture for strength and power, they are in a capacity to do what they will, both in Church and State; and some are so afraid, and others so unwilling to submit themselves to your Majesty’s government, that they desire not you nor any of your race longer to reign over them; but the people are so wearied of the war and great burthens they do groan under, are so loth to have monarchical government destroyed, that they dare not attempt to cast it totally off, till once they send propositions of peace to your Majesty.” He added, “If your Majesty (as God forbid) shall refuse to assent to the propositions, you will lose all your friends in the Houses, lose the city and all the country; and all England will join against you as one man: They will process and depose you, and set up another government; they will charge us to deliver your Majesty to them, and render their garisons, and remove our armies out of England; * * * and if your Majesty lose England by your wilfulness, you will not be permitted to come and reign in Scotland.”[341]

The King, however, was not entirely overwhelmed by the language of intimidation thus held towards him; but, on the 1st of August, delivered to the Commissioners an answer, which will be found annexed,[342] proposing to go to London “upon the publick faith and security of the two Houses of Parliament and the Scotch Commissioners,” there to negotiate the terms of an adjustment on all points; and, with this answer, the Commissioners returned to London the day following, and, on the 12th, reported their proceedings to Parliament.

“The spirit of the age,” in any age and in every country, is often marked emphatically by trivial circumstances. Of this we have an example at the period now under consideration. The Great Seal of England, which had been carried to Oxford in 1642, and other Signets of Royalty, were found there on its surrender, and were ordered by the House of Commons to be broken in pieces; and, on the 11th of August, “were, by a smith, broken to pieces at the bar of the Lords’ House, the whole House of Commons being present.” Such was the morbid fanaticism at that time even against the symbols of regal authority.

It cannot be deemed foreign to this compilation to state, that, in the course of this month, (19th August,) the most distinguished leader of the Covenanters died; we need scarcely add the name—Alexander Henderson. During the time that the King was at Newcastle, he had held an amicable controversy with his Majesty, on the relative qualities of Episcopacy and Presbytery, with the view of reconciling his antagonist in argument to the adoption of the latter; but this controversy, the records of which have been preserved, and which was conducted with great courtesy and talent on both sides, failed in the accomplishment of its object by the conversion of the King; and Henderson soon after returned to Scotland, where, suffering under a shattered constitution and broken spirit, he died, lamented by his friends and honoured by his opponents. The best tribute to his worth and talents is to be found in the pages of his contemporaries.

The settlement of the propositions, sent by the Parliaments to the King at Newcastle, did not form the only subject of perplexity to the ruling powers at the period now referred to. The same day that his Majesty’s answer was laid before the English Parliament, a paper was given in to the House of Peers by the Scottish Commissioners, declaring that the Scotch were “willing forthwith to surrender the garisons possessed by them in this Kingdom, [England,] (which they did keep for no other end but the safety and security of their forces,) and without delay to recall their army; reasonable satisfaction being given for their pains, hazards, charges, and sufferings; whereof a competent proportion to be presently paid to the army before their disbanding, and security to be given for the remainder.” Upon this a conference was held by the two Houses, and, two days after, the Commons voted £100,000 for the Scottish army, and promised an early audit and adjustment of their accounts. The demands of the Scotch amounted to about two millions; but, at length, after some cavilling, it was agreed, early in September, that they should be modified to £400,000, of which one moiety to be paid ere the army left England, and the remainder in future instalments. And, about the same time, Commissioners were sent from the Estates of Scotland to the King to persuade him to accede to the propositions already adverted to. The King’s answers to these are so important in a historical point of view, and as illustrating the relative position of all parties at that critical juncture, that we give them in our appendix of documents to which we refer.[343] And it may be here noted that, on the 3d of September, Montrose, by the Special orders of the King, relinquished, though reluctantly, his warlike position in the Highlands, and, along with some of his followers, embarked at Stonehaven for Norway.

On the 18th of September, “the House of Commons took into consideration how his Majesty’s person should be disposed of; and voted, 1. That whatsoever consultation and debate the Scots Commissioners should have concerning his Majesty’s person, the same should not in any ways impede the march of the Scots armies out of this kingdom, nor violate or trench upon the treaties between both nations. 2. That his Majesty shall be disposed of as both Houses of the Parliament of England shall think fit; and afterwards ordered that these Votes should be communicated to the Scots Commissioners, who pretending to a joint right of disposing of his Majesty’s person, a committee of both Houses was appointed to treat with them about it, who had sundry conferences thereupon.”[344] In the conferences which ensued, Loudoun, the Lord Chancellor of Scotland, in various eloquent speeches,[345] which reflect honour on his character and memory, contended for the perfect freedom of the royal person, and his restoration to all the honours of his station, or that he might go to Scotland; asserting the coequal right of the Scottish Parliament to regulate this matter: but the English Commissioners and Parliament maintained “that the Kingdom of Scotland hath no right of joint exercise of interest in disposing of the person of the King in the Kingdom of England”—overlooking, in the maze of the sophistries by which this doctrine was sustained, that the King was at the time under the protection of his Scottish subjects, and though in England for the moment, that, by removing him into Scotland, the whole argument would have been overthrown by a single day’s march, under a guard of cavalry, across the Tweed. They adhered pertinaciously to a prior and paramount right to the disposal of the King’s person, and, as will be seen in the sequel, they prevailed in the tedious written and oral controversy which took place on that subject.

The steadfastness of the King in refusing, without further consideration, to adopt the Covenant and abolish Episcopacy, while it discouraged the Presbyterians of England who were still attached to monarchy, was gratifying to the Independents, who rejoiced in it, as favourable to the establishment of a republic. Its effect in Scotland was most inauspicious, even although the Estates, and many of the chiefs, began once more to cherish their ancient loyalty. The English Parliament, while these altercations were in progress, (9th October,) issued ordinances abolishing Episcopacy, and ordering the sale of all church property—thus dispensing summarily with the royal sanction to these acts of democratic despotism.[346] On the 27th of November, the arrangements for paying off the arrears of the Scottish claims were completed, and the removal of the army stipulated for. On the 16th of December, the money was sent out of London in thirty-six carts, to pay off the first instalment; and, on the 21st of that month, the Commons voted that, after the payment of the first £200,000, the Scottish army would take no free quarters, nor levy moneys on the country; and both Houses named Commissioners to go to Scotland, and wind up this ticklish matter amicably. Nothing, however, was yet settled as to the King’s person; but it was agreed that this should be no impediment to the marching of the Scottish army, on receiving the first of the stipulated payments.

The Scottish Estates having met on the 3d of November preceding, were assembled at the time that these proceedings were maturing in the English Parliament. They resolved, on the very day that the money had been dispatched from London, (16th December,) to pay off their auxiliary army, “that instructions should be sent to their Commissioners to press his Majesty’s going to London, with honour, safety, and freedom, and that they should declare their resolutions to maintain monarchical government, in his Majesty’s person and posterity, and his just title to the Crown of England.”[347] This declaration, however, was not to the taste of the Commissioners of the General Assembly, who must needs intermeddle and supersede the Parliament; and, accordingly, next day, (17th December,) they concocted “A Solemn and Seasonable Warning to all Estates and Degrees of Persons throughout the Land,” in which, amidst a redundancy of the jargon of the times, they insisted that no deviation from the League and Covenant should be tolerated, under the pretence of preserving the King and his authority; and unless he should unconditionally adopt the Covenant, they obtested all the people to oppose his coming to Scotland—holding that document to be binding, not only upon all the existing generation, but their posterity.[348]

This most unseasonable usurpation of political power and interference in secular affairs had its natural effect in England. The declaration of the Scottish Estates, which was worthy of an independent, loyal, and supreme legislature, was presented to the English Parliament the one day, and the Warning from the Assembly’s Commission the day following; and, after reading it, a fresh discussion arose, which terminated in a resolution “that his Majesty should be desired to grant the whole propositions; and, in case of refusal, the certifications given to his Majesty should be put in execution, viz., To secure the Kingdom without him; and did declare that the Kingdom of Scotland cannot lawfully engage themselves for his Majesty, he not taking the Covenant, satisfying as to Religion, &c. Nor would admit him to come into Scotland unless he gave a satisfactory answer to the whole propositions lately presented to him in the name of both Kingdoms.”[349] This resolution implied an assumption of superiority in the English Houses of Parliament over the Estates of Scotland, which was a palpable act of unwarranted usurpation, inferring a breach of the Treaty; and we look in vain either to the general principles of international law, or to the existing treaties betwixt the two countries, for any justification of the assumption.

When the King was apprised of the proceedings in the English Parliament, which followed on the communications from Scotland, he sent another written message to both Parliaments, on the 20th of December, repeating his desire to confer with that of England, on the propositions submitted to him—not absolutely refusing, but desiring to give and receive in person, and in London, explanations. It concludes in these terms:—“’Tis your King who desires to be heard, (the which, if refused to a Subject by a King, he would be thought a tyrant for it,) and for that end which all men profess to desire. Wherefore his Majesty conjures you, as you desire to shew your selves really what you profess, even as you are good Christians and subjects, that you will accept this his offer, which he is confident God will so bless, that it will be the readiest means by which these Kingdoms may again become a comfort to their friends and a terror to their enemies.”[350]

To this message no answer whatever was returned; but, on the 22d of December, the Lords voted “That the King, being now in England, may come to New Market, there to remain, with such attendants about him as both houses of Parliament shall appoint; but the Commons agreed not with the Lords therein; and therefore voted, that Holmby House, in Northamptonshire, would be a place most fit for his Majesty, if he please to come thereunto and abide with such attendants as both Houses shall appoint.” The two Houses, on the 25th of December, resumed consideration of this matter, “and the Commons further debated the King’s coming to Holmby, agreeing with the Lords that his coming thither should be with respect to the safety and preservation of his Majesty’s person, and in preservation and defence of the true religion. And the question being put, Whether the words ‘according to the Covenant’ should be added? it passed with the affirmative.” On the 5th of January, 1647, the Commons resolve to appoint Commissioners of both Houses to go down to receive the King from the Scots, and to bring him to Holmby; and the Earl of Pembroke and others were named accordingly. On the 14th, the King put several questions to the Scottish Commissioners at Newcastle, to which evasive answers were returned; and, on the 16th of that month, the Scottish Estates transmitted its consent for delivering up the King, in these terms:—“The Estates of the Parliament of the Kingdom of Scotland do declare their concurrence for the King’s Majesty’s going to Holmby House, or some other of his houses in or about London, as shall be thought fit, there to remain until he give satisfaction to both Kingdoms in the propositions of peace; and that in the interim there be no harm, prejudice, injury, nor violence done to his royal person; that there be no change of government, other than hath been these three years past; and that his posterity in no ways be prejudiced in their lawful succession to the Crown and Government of these Kingdoms.”[351]

The Commissioners from the English Parliament arrived at Newcastle on the 23d of January; and, on the 28th, “the Scotch Lords being all with his Majesty, he told them he had often desired to go into Scotland; that he came into their army for protection, and had it, but now perceived they were not willing he should go to Edinburgh. And they being to deliver up the garrisons, he desired to know how they would dispose of him; and for that end desired them to withdraw and consider to whom they would deliver him, which they did; and, coming in again, they told his Majesty that they had considered of his speech, and that, since his Majesty had refused to take the Covenant, and sign the Propositions, they were to deliver him to the Commissioners of both Houses of the Parliament of England, who were come to attend him to Holmby.”

“On Saturday, Jan. the 30th, the Scots march’d out of Newcastle, and Skippon took possession of it, and the Parliament’s Commissioners received the King into their charge, and soon after set forwards with him to Durham, and so on to Holmby, * * * where he arrived on Tuesday, Feb. 16, 1646-7.”[352]

Connected with these transactions, it should be recollected that, by the resolution of the Commons, on 1st September preceding, £100,000 were to be paid to the Scotch on the army leaving Newcastle—two other equal instalments in the payments, at three and nine months subsequently—another at nine months thereafter—and the last £100,000 after the lapse of twelve months more; so that when the King was delivered up, on the 30th of January, 1647, the Scottish authorities then received one-fourth part of the money, the remainder being made payable within a period extending over two years and a-half after the surrender of the King; a mode of settlement which it is no breach of charity to assume was fully understood to be a pledge for the acquiescence by Scotland in the decrees of the English Parliament with reference to the Royal person.

It has been said, that the resolution of the Scottish Estates, on the 16th of December, “was obtained by surprise;” and that it was an “untimely excess of zeal;”[353] and plausible special pleadings have been indited by certain historians, to gloss over the pusillanimity and sordid considerations, by which the Scottish authorities were, subsequently, induced to truckle to these arrogant pretensions. We have no sympathy either with the morbid patriotism or the party prejudices which would vindicate our countrymen of a former, or of any age, at the expense of historical truth, from such imputations as those alluded to; and whatever were the real motives by which, in this matter, the Scottish Covenanters were guided, one thing is quite plain, that they meanly yielded to the insolent demands of the English Parliament, in an affair as to which there was no stipulation in the treaties betwixt them binding them to do so; that although distinct in point of form, the negotiations about payment of the arrears, and the demands for the royal person were contemporaneous; and that, although accounts were adjusted upon paper, no part of the promised arrears was paid at the time that the demand for the King’s person was made and reiterated by the English Parliament, nor for a considerable time afterwards. And, above all, viewed in a moral light, and with reference even to the terms of the Covenant itself, and the allegiance which they had sworn to Charles as King of Scotland, and their own demands on the English Parliament, that the King should receive all honour and enjoy all freedom personally—it seems impossible to doubt that a convenient policy overruled honourable principle and national spirit, when they simultaneously delivered up the King’s person to the English Parliament, and accepted the moneys then and subsequently doled out to them, from time to time, in successive instalments.[354]

The King having been thus delivered up to the English Republicans and Independents, and the Scottish army having retired within their own territories, in the end of January, 1647, our attention is now called to the proceedings which ensued there, before referring to occurrences of a very outrageous and extraordinary character in England.

On returning into Scotland, the army, under Leven’s command, was considerably reduced, without difficulty, to such an amount as was requisite for suppressing the Royalist insurgents in various districts of the Highlands. For this purpose, Middleton and David Leslie were intrusted with the command of the Covenanting forces. The Scottish Estates adjourned, having appointed a Grand Committee to watch the progress of events; and the Royalists were, in the months of March and April, effectually repressed. Strathbogie Castle was stormed, being the chief strength of Huntly, and some other forts in his country were reduced; on one occasion twenty, and on another several more of the prisoners being executed. Many other insurgents, some of them persons of distinction, were taken prisoners, but Huntly eluded pursuit. In the Western Isles, the relics of Montrose’s band, who had been joined by a new levy of Irish auxiliaries, were also dispersed and defeated. The castles of the Macdonalds were reduced by D. Leslie. The Irish retreated from Kintyre to Islay, and thence to Ireland, with the exception of about 200, who formed a garrison, but who, being overcome, were all subjected to military execution; and thus, for a time, ended the insurrection in favour of the King in Scotland.[355]

The English Parliament was relieved by the arrangement with the Scottish Estates, already detailed, of some portion of its embarrassments; but a very formidable difficulty yet remained in regard to the disposal of its own army. It could not be upheld, at its existing strength, without proving a heavy burden on the country; and, from its character, it was dangerous to have such an army on foot and unemployed. It was, therefore, deemed prudent to select a portion of it for service in Ireland, where the authority of the English Parliament was still unacknowledged and resisted, and to disband the remainder; and, in the beginning of April, a petition was got up, with this view, from the county of Essex, praying for the speedy disbanding of the army; and the county committees which had sprung up in various quarters, excited the jealousy of the nation. On the 9th of April, the Commons resolved that, a fortnight thereafter, they should proceed to “debate the business of the Church for fourteen days together, and, in the interim, no private business to intervene;” and, on the 13th, Commissioners were appointed to go to the army, with propositions to the officers and soldiers, who were to be sent to Ireland. Symptoms of mutiny began to appear in a portion of it, stationed in North Wales, on the subject of arrears. Next day a petition from some of the reduced officers, who served under Fairfax, was read to the House, complaining of certain grievances and craving indemnity. On the 17th, a letter from the Commissioners sent to the army, of which Walden was the General’s head-quarters, was received, on the subject of enlisting for Ireland, and a conference took place with the officers who had been appointed to represent the desires of the army to Parliament. The negotiations with the army, as to going to Ireland, proceeded with but small success, and amid much distraction; and, on the 17th, there was a long debate, which was adjourned, whether to disband the army entirely or send it unbroken to Ireland for reducing that kingdom? On the 27th, it was stated that the arrangements, as to Ireland, had been obstructed by some officers in the army, and it was ordered that four of these should be summoned by the serjeant-at-arms to attend the House; and, after a long debate, it was resolved that the whole army should be disbanded, receiving six weeks’ pay. The same day, a petition was presented to the Commons by some officers for themselves and their fellow-soldiers, along with a vindication of their proceedings, which was signed by fourteen colonels and lieutenant-colonels, six majors, and an immense number of inferior officers. Nor was this movement confined to the superior officers; for the petty officers and common soldiers were completely organized, under the disguised auspices of Cromwell and Ireton, in a compact confederacy, and selected a committee, consisting of delegates from every regiment, who were distinguished by the name of “Agitators”—a term which has been appropriately revived, in more recent times, to indicate the existence of a similar spirit of insubordination and rebellion. At the period now referred to, England presented all the realities of revolutionary anarchy; and a volcanic power, the elements of which had long been fermenting underneath the English Parliament, was now on the eve of bursting forth ere it could escape that resistless power.[356] Like the Prætorian bands of Imperial Rome, the English army now assumed to itself supreme sway in the British empire, imitating the example of an unconstitutional Parliament, by which it had been called into existence, and usurping a power by which, ere long, that and all civil authority whatsoever was utterly overthrown.

On the 30th of April, the mutinous spirit of the army was conspicuously shewn by the production, in Parliament, of a letter, from some troopers in behalf of eight regiments of cavalry, wherein they expressed their reasons for not embarking in the service to Ireland, and complained of calumnies against them. Three of those who attended as delegates were called in and examined before the Commons. The House were afraid, however, to check these movements vehemently, and appointed Cromwell, Skippon, Ireton, and Fleetwood, to go to the army and pacify the discontents by lavish promises—the very men who were secretly at the bottom of the mutinous movement. Next day, four officers, who had been sent on a similar mission to London, were in attendance; but the House resolved not to call them to the bar; and Fairfax, the commander-in-chief, issued an order that all officers then in London should return to their corps within twenty-four hours. At this time, there was considerable alarm created by rumours that the army was making overtures directly to the King; and (3d May) the Provincial Assembly of London, on the Presbyterian model, assembled for the first time, in conformity with the previous ordinances by the Parliament in April preceding. The new polity was similar to that of Scotland, differing, however, in this particular, that ruling-elders, chosen by the people, were admissible to the kirk-sessions and Classes or Presbyteries, but not to Synods nor General Assemblies; and, in addition to this, the Parliament repudiated the pretensions set up to the divine right of Presbytery, the leaven of sectarian independency being sufficient to counteract and overrule in Parliament, the notions of the Presbyterians in these particulars.

Meanwhile, tidings arrived that Kolkitto (Allaster M‘Donald,) a noted Royalist partisan, was ravaging Argyle, and that David Leslie had gone in quest of him. A petition was presented by some London citizens to the Commons as “the supreme authority of Parliament,” an expression which it affected at the time to dislike, although soon afterwards that authority was assumed by it. On the 7th of May, the Parliamentary Commissioners opened their conference for quieting “distempers in the army;” but these rather increased, and the common soldiers disputed the right of their officers to compromise them without previous consultation—a circumstance sufficiently indicative of the insubordination and bad spirit that had been fostered among the troops, amounting, at the time, to above 20,000 in number. Letters from the Commissioners to the army were received on the 11th, intimating that they had prolonged the time for the officers to “treat” with the soldiers. The tremour of Parliament in these circumstances may be inferred from the resolution to add a fortnight’s pay to that of six weeks’ previously agreed to be given at disbanding the army, with six weeks’ pay additional even to that, for all who should volunteer to go to Ireland; yet all this did not allay the “distempers” among the soldiery, who, on the 15th, appointed committees out of every troop and company for the management of their joint concerns, and were thus organized into a deliberative body, in contempt of the authority of Parliament.[357]

At the time now referred to, the King intimated that he was ready to give answers to the propositions formerly sent him to Newcastle; and, on the 18th, of May, his Majesty’s answers were communicated to both Houses. These were, in substance, that he desired to go to London, and was willing to settle the Presbyterian polity in England for three years; that he would ratify Westminster Assembly, provided some clergy, to be named by him, were added to it, in order to deliberate on the form of church-government that should be established after the lapse of these three years, and provided that he and his household should be free to adhere to the old form and use the Book of Common Prayer; that he would relinquish the command of the militia for ten years, to return to the Crown at the end of that time, &c. The House of Peers, on reading this letter, referred it to a committee, and the Commons agreed to take it into consideration some days after. On the same day, letters from the Commissioners to the army were received, setting forth the great weight and importance of their negotiations. On these, the Commons passed a resolution, that all the forces in the kingdom that would not go to Ireland should be disbanded, and remitted to the Committee at Derby House to consider of the time and manner of disbanding; and one or two of the Commissioners were ordered up to give an account of their proceedings. Next day was wholly spent in debating on the Confession of Faith, and the debate adjourned.

On the 20th, another petition to the Commons, as “the supreem authority,” was discussed and rebuked; and the Lords took into consideration that part of the King’s letter which referred to his going to London. After debate, it was agreed that he should go to Oatlands—the Commons concurring. The Provincial Assembly met in the Convocation House of St Paul’s. Next day an indemnity bill was passed, in both Houses, in favour of all who had acted under the orders of Parliament during the troubles. The army Commissioners reported to the House, and accounts were received, that all the troops had returned to their quarters, and discipline was again restored, under Fairfax, at Walden. At this crisis, a letter in ciphers, from Ashburnham to the King, was intercepted: it recommended to the King not to make an absolute agreement with the Parliament, as, peace being restored betwixt Spain and Holland, he might depend on a large auxiliary force from the former.

On the 25th of May, the Committee of Commons made their report as to the mode of disbanding the army on the 3d and 5th of June, at different stations; but these being promulgated, tidings arrived, on the 28th, that the troops were dissatisfied with the arrears proposed to be given them. In a council of war, on the 29th, which was called by Fairfax on this subject, it was voted, by about 200 officers, (six only being satisfied,) that the rate of payment was unsatisfactory as to the soldiers: and among the reasons stated for this conclusion, it was intimated that the soldiers would rendezvous without their officers, and tumults and plunder would ensue. This was rendered certain by a petition to the General, signed by the “Agitators, in behalf of the several Regiments,” claiming a redress of their grievances, which daily increased, and remonstrating against any disjunction of the army before being satisfied and disbanded. This was followed by letters from the General to both Houses, dated the 30th of May, and received on the 1st of June, intimating that the dissatisfaction was rather aggravated than lessened, and that he was “forced to yield to something out of order, to keep the army from disorder.” Quailing before the rising storm, the Houses of Parliament hastily resolved that the common soldiers should get the whole of their arrears, instead of a moiety, and ordered a former declaration against the army to be erased from the journals of both Houses; but, by this time, several corps were on their march, concentrating, not only without but against the orders of their officers.

It were a tedious, though not perhaps an uninstructive task, to trace all the turnings and windings of the negotiations which ensued betwixt the English Parliament and the army at this critical period; but it would be unsuitable in this sketch. It may be sufficient, therefore, merely to state that, on the 4th of June, a party of the troopers, under the command of Joyce, a cornet of dragoons, seized the King’s person; that, subsequently, the demands of the army became more bold and extensive; that, instead of being confined to demands for payment of arrears, &c., they adopted the language and the principles of the Parliament itself; and, in the assumed character of citizens and patriots, they insisted on certain high points of national policy, which are competent only to the supreme legislature of a country, dictating, in terms the most imperative, the conditions on which Parliament should be constituted, and the constitution modelled; and, in short, assuming the complete control of national affairs, and superseding both King and Parliament. To complete the humiliation of Parliament, both Houses were beset by a rabble of the London apprentices on the 26th of July, and literally dissolved and dispersed by the mob. In order to enforce their pretensions and demands, the army advanced gradually, during the progress of the negotiations, towards the metropolis, and finally encamped at Hounslow Heath, in the immediate vicinity of London, in the beginning of August, 1647, to the number of 20,000 men, in a high state of appointment and unity. For some time, the Houses of Parliament made a shew of resistance, and prepared to oppose any approach of the army to London, by calling out the city militia and trained bands; but, as the danger advanced, and tumults grew around them, their courage gradually abated. Several members who were obnoxious to the mutineers, were obliged, in compliance with the peremptory demand that the House should be “purged,” to retire from the Commons; and, finally, all attempts at resistance were abandoned, and many of the members fled or took refuge in the army, with a weakness and pusillanimity which is only to be paralleled in the previous arrogance displayed by themselves in all their encroachments on the prerogatives of the monarchy. Without, however, dwelling longer on this topic, or enumerating any of the particulars which characterised the movements in England, we proceed to bring under the reader’s notice the Acts of the General Assembly in Scotland, which met on the 4th of August, 1647. The same day, the English army entered the city of London without the slightest resistance; thus assuming a supreme and commanding power over the nation.

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THE PRINCIPALL ACTS
OF THE GENERALL ASSEMBLY MET AT EDINBURGH,
August 4, 1647.

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August 16, 1647. Post Meridiem. Sess. II.
Act allowing the half of the Ministers in the Presbyterie of Zetland only, with their Ruling Elders, to keep the Provinciall Assembly.

THE Generall Assembly, Understanding that the whole Members of the Presbyterie of Zetland, adjoyned to the Provinciall of Caithnes and Sutherland upon weighty considerations by the preceeding Assembly, cannot be present at the meetings of that Provinciall, without great prejudice to the particular Congregations within that Presbyterie, and many other inconveniences; That Isle being of great distance from Land, and the passage from and to the same being uncertaine and dangerous: Doe therefore Declare and Ordaine, That the whole Ministers and Elders of the Presbyterie of Zetland, shall not be tyed hereafter to come to the meetings of their said Provinciall; But that the half of the number of the Ministers with their Ruling Elders, shall be onely oblieged to keep the meetings of the said Provinciall Assembly in time coming.

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20 August, 1647. Ante Meridiem. Sess. XV.
A Declaration, and Brotherly Exhortation of the Generall Assembly of the Church of Scotland, to their Brethren of England.

THE conscience of our dutie to God obliging us to give a testimony to his Trueth, and to the Kingdom of his Sonne Jesus Christ, now so much resisted and opposed by many, and so little owned by others: The laudable custome and example of correspondency between Neighbouring Churches, exhorting, encouraging, and (in case of publike scandall) admonishing in love one another, as well as single Brethren ought to admonish one another in love, in the case of private offence: Our nearer relation and more speciall affection to our Brethren of England, making us to sympathize with them in their danger and affliction as our own, both Kingdomes being united as one entire Body in one Covenant, for pursuing the common cause and ends therein expressed: Yea, common reason and experience it self teaching us that wee have no cause to conceive our Religion, the liberties of this Church, or our selves to be in a condition of safety, when ever the enemies of our Religion and Liberties are growing to a prevalency in the Neighbour Kingdom. Any one of these considerations, much more all of them together, cry aloud upon us to break our silence in this present Juncture of Affaires; yet wee hope to expresse our selves both concerning the present Dangers and present Dueties, as in a conscionable and Brotherly freedome, so in a fair and inoffensive way; for wee have no pleasure nor purpose to provoke any Person or Party whatsoever, nor to encrease, but to endeavour the allaying and composing of the present unhappy differences. If any shall offend at our discharging our conscience and doing our duty, yet wee shall rather choose to take our hazard of that, then of displeasing God by neglect of duty. But we hope better things, then to be mis-understood, or mis-interpreted by such as desire a candide interpretation of their owne actions or expressions.

First of all, whatsoever the present discouragements, difficulties or dangers are, or whatsoever for the future they may bee, we cannot but commemorate to the glory of God, and we doubt not it shall be remembred to his glory in the Church throughout all ages, How great a salvation his Mighty Hand and Outstretched Arme hath wrought for these three Kingdomes; How he stirred up the Spirits of his People in this Kingdome ten yeares agoe, to begin to shake off the Yoke of Prelaticall tyrannie, and of Popish Ceremonies obtruded upon us, contrary to the Lawes of God and Men; How he led us on from so small beginnings, and from one degree to another, till wee were United in a Nationall Covenant; How he gave us a Banner to bee displayed for the Truth, and so blessed us in the prosecution of that Covenant, that the Kings Majesty was graciously pleased upon the humble Petitions of his Loyall Subjects in this Nation, to indict a Generall Assembly and Parliament for healing the grievances of Church and State respectively, As likewise to grant his Royall consent for Confirming and Ratifying by Acts of Parliament our Nationall Covenant, and the Government and Liberties of this Church. After which the new Troubles raised against us by the malice and treachery of our enemies, did occasion the first expedition of this Nation into England, (upon which followed the calling of the Parliament there, and the large Treaty) and in the issue, the return of that Army was with an Olive branch of Peace, and not without the beginnings of a Reformation in England: In which work while the Parliament was interrupted and opposed, and a bloody War begun with great successe on that side which opposed the Parliament and the begun Reformation, from whence also did accrew great advantage to the Popish Party (whereof the Cessation of Arms concluded in Ireland may be in stead of many testimonies;) Commissioners were sent hither from both Houses, earnestly inviting and perswading to a nearer Union of the Kingdomes, and desiring Assistance from this Nation to their Brethren in that their great distresse; And this by the good Hand of God produced the Solemne League and Covenant of the three Kingdomes, to the terrour of the Popish and Prelaticall party our common Enemies, and to the great comfort of such as were wishing and waiting for the Reformation of Religion, and the recovery of just Liberties. And although for the conjunction of the Kingdomes in Covenant, and Armes (being a speciall means tending to the extirpation of Popery, and strengthening the true Reformed Religion) this Kingdome hath been invaded and infested by the bloody Irish Rebels, aided and strengthened by some degenerate and perfidious Countrey-men of our owne: Although also in England there were not wanting incendiaries, who hating and envying nothing more then the Union of the Kingdomes in such a Covenant, were very vigilant to catch, and active to improve all occasions of making divisive motions, and creating Nationall Differences; Yet God hath been graciously pleased to break our Enemies strength at Home when it was greatest, and to guide us through these Jealousies and Differences fomented by disaffected Persons between the Kingdomes; So that in stead of a splitting upon these Rocks (the thing hoped for by our Enemies) there was a peaceable and friendly parting: Since which time God hath further blessed our Army at Home, to the expelling of the Enemie out of our own Borders. Nor can we passe in silence the happy progresse which hath been made in the Reformation of the Church of England; He that hath brought the Children to the birth, can also give strength to come forth; And hee whose hand did cast out Prelacie and the Book of Common Prayer (although strongly rooted in standing Lawes;) and who enclined the Parliament of England to Owne no other Church Government but the Presbyteriall, (Though it bee not yet fully settled according to the Word of God, and the example of the best Reformed Churches) can as easily encline when hee thinks good both the King and them, and the body of that Kingdome to a thorow and perfect Reformation. He that made the Assemblies and Parliaments of both Kingdomes to agree upon one Directory for the Publike Worship of God, can also when he will make an agreement in the other Parts of Uniformitie, Confession of Faith, form of Church Government, and Catechisme; In all which there hath beene also a good progresse made in the Reverend and Learned Assembly of Divines through the good hand of God so long upon them.

Having now seen so much of God both in the beginning and progresse of this his great Work; And his Hand having done so wondrous things for his People in their greatest extremities of danger, and having discovered and defeate the plots of Enemies, making them fall even by their own Counsels; These things wee resolve to keep still fixed in our hearts, and as memorials before our eyes, that remembring the Works of the Lord, and the Years of the Right Hand of the most High, wee may neither want matter of Praises and Thanksgivings, nor experience to breed hope. Although the building of the House of the Lord in England be not yet, after so long expectation, finished, and now also the Work ceaseth; Yet wee doe from our hearts blesse the Lord for the laying of the Foundation, and for so much progresse as hath been made in the Work; Having still confidence in the Almighty, to whom nothing is impossible or too hard, that every Mountaine which doeth or shall stand in the way shall become a plaine, and that the Head-Stone shall bee brought forth with shoutings of Joy, Grace, Grace unto it.

Nevertheless, we are also very sensible of the great and imminent dangers into which this Common Cause of Religion is now brought by the growing and spreading of most dangerous errours in England, to the obstructing and hindering of the begun Reformation, as namely (beside many others) Socinianisme, Arminianisme, Anabaptisme, Antinomianisme, Brownisme, Erastianisme, Independency, and that which is called (by abuse of the word) Liberty of Conscience, being indeed Liberty of Errour, Scandall, Schisme, Heresie, dishonouring God, opposing the Truth, hindering Reformation, and seducing others; Whereunto we adde those Nullifidians, or men of no Religion, commonly called Seekers: Yea, wee cannot but look upon the Dangers of the true Reformed Religion in this Island, as greater now then before; Not onely for that those very principles and fundamentals of Faith which under Prelacy, yea, under Popery it self, were generally received as uncontroverted, are now by the Scepticisme of many Sectaries of this time either oppugned, or called in question; But also, because in stead of carrying on the Reformation towards perfection, that which hath beene already built is in part cast down, and in danger to be wholly overthrowne through the endeavours of Sectaries to comply with many of the Prelaticall and Malignant, and even the Popish party; and their joyning hand in hand, and casting in their lots, and interweaving their interests together in way of Combination, against the Covenant and Presbyteriall Government; Yea, the unclean spirit which was cast out, is about to enter againe with seven other spirits worse than himselfe, and so the latter end like to be worse then the beginning.

We are extremely sorry that we have cause to aggravate these evils from the crying sin of breach of Covenant: Whereof if we should hold our peace, yet according to the Word of the Lord, other Nations will say, and many among them do say, Wherefore hath the Lord done thus unto this People? and what meaneth the heat of this great anger? And they answer one another, Because they have forsaken the Covenant of the Lord their God. We would not be understood as if we meant either to Justifie this Nation, or to charge such a sin upon all in that Nation. We know the Covenant hath been in divers particulars broken by many in both Kingdomes, the Lord pardon it, and accept a Sacrifice; and wee doe not doubt but there are many seven thousands in England who have not onely kept themselves unspotted, and retained their integrity in that businesse, but doe also mourne and groane before the Lord for that sin of others. Yet we should but deny our own sence and betray the Truth, if we should not resent so great a sinne and danger, as is the breach of a Solemne Covenant, sworn with hands lifted up to the most High God: Which breach however varnished over with some colourable and handsome pretexts, one whereof is the Liberty and Common Right of the free People of England, as one Saul brake a Covenant with the Gibeonites, In his Zeal to the Children of Israel and Judah: Yet God could not then, and cannot now be mocked; Yea, it is too apparent and undeniable, that among those who did take the Covenant of the three Kingdomes, as there are many who have given themselves to a detestable indifferency or neutralitie, so there is a Generation which hath made defection to the contrary Part; Persecuting as far as they could that true Reformed Religion, in Doctrine, Worship, Discipline, and Government, which by the Covenant they ought to preserve against the common Enemies; hindering and resisting that Reformation and Uniformity, which by the Covenant ought to bee endeavoured; preserving and tolerating those cursed things which by the Covenant ought to be extirpate; especially Heresie and Schisme, encroaching upon, yea offering violence unto the Rights, Privileges, and Authority of Magistracie; Protecting and assisting such as by the Covenant ought to have been brought to condigne triall and punishment, and persecuting those who by the Covenant ought to be assisted and defended; Endeavouring also a breach in stead of a firme Peace and Union between the Kingdomes: So that there is not any one Article of the Solemne League and Covenant which hath not been sinfully and dangerously violated before God, Angels, and Men. Now if a Covenant for the Preservation and Reformation of Religion, the Maintenance and Defence of Liberties was justly thought a fit and excellent means, not only to strengthen and fortifie the Kingdomes against the common Enemie of the true Reformed Religion, publike Peace and Prosperity, But also, to acquire the favour of Almightie God towards the three Kingdomes, of England, Scotland, and Ireland, as is expressed in the Ordinance of the Lords and Commons for the taking of the Covenant, dated February 2, 1643. Surely then the Authors and chief Instruments of the breach of that Covenant, are to be looked upon as those who strengthen the hands of the common Enemie, and provoke the wrath of Almighty God against these Kingdomes. Yea, if this Covenant was the Soveraigne and onely meanes of the recovery of those embroiled bleeding Kingdoms, as is expressed in the exhortation of the Assembly of Divines to the taking of the Covenant, approved and ordered to be Printed by the House of Commons; The despising, refusing, and casting aside of that remedy, must needs render the disease much more desperate. And if by the Declaration of both Kingdomes joyned in Arms, Anno 1643, such as would not take the Covenant were declared to bee publike Enemies to their Religion and Countrey, and that they are to be censured and punished as professed Adversaries and Malignants. Who seeth not now a strange falling away from these first Principles and Professions, among these who either magnifie and cry up, or at least connive at and comply with such as have not taken the Covenant, yea, are known Enemies to it, and cry down such as are most zealous for it?

In this case, while in the Neighbour Kingdom, the staves of Beauty and Bands, Covenant and Brother-hood are broken by many, the home of Malignants and Sectaries exalted, the best affected born down, Reformation ebbing, Heresie and Schisme flowing; It can hardly be marvelled at by any Person of prudence and discretion, if we be full of such feares and apprehensions as use to be in those who dwell near a House set on fire, or a Family infected, especially being taught by the sad experience of the Prelaticall times, how easily a Gangrene in the one half of this Island may spread through the whole; Knowing also the inveterate and insatiable malice of the Enemies of this Cause and Covenant against this Church and Kingdome; which we cannot be ignorant of, unlesse we would shut our eyes and stop our ears.

Our present purpose leadeth us to touch somewhat of the proceedings of the Army in England this Summer, so far as Religion is therein concerned; As wee are confident, divers have gone along with them in the simplicity of their hearts, and we presume not to judge the thoughts and intentions of any, it being Gods owne prerogative, to bring to light the hidden things of darknes, and to make manifest the counsels of the hearts; So it cannot be denied, that upon these passages and proceedings hath followed the interrupting of the so much longed for Reformation of Religion, of the setling of Presbyteriall government, and of the suppressing of heresies and dangerous errors, (which works the Parliament had taken in hand) the retarding and delaying the relief of Ireland, the sowing of the seeds of another War in England, the strengthning of the hands of the Malignant and Episcopall party, the weakning and wounding both of Magistracy and Ministery: In all which, whether the Army be blamelesse and innocent, from ministring occasion to so great evils, or whether there be not cause for them to repent and do the first works, and to practise more of that love, moderation, and meeknesse of Spirit, and of that zeal against Malignants and Prelaticall persons, which they have from the beginning professed, and the want whereof (when suspected in others) they did so much censure; or whether there be such a thing among them, as adjoyning with those against whom, and against those with whom the Covenant was taken; We leave them in all these to the search and examination of their own consciences, that they may stand or fall unto God. For our part, we cannot conceive how the late Proposals of that Army for setling of a Peace, do in point of Religion consist with the Solemn League and Covenant, or with the Propositions of Peace, formerly agreed upon by both Kingdomes; there being so considerable omissions of divers materiall desires contained in those former Propositions, concerning the abolition of Prelacy; concerning the injoyning of the taking of the Covenant by all his Majesties Subjects, under such penalties as the Parliaments should agree upon; concerning the setling of religion in England and Ireland, according to the Covenant, in such manner as both Houses of Parliament shall agree on, after advice had with the Assembly of Divines; concerning the setling of uniformity between the Churches of God in both Kingdomes, according to the Covenant, in such manner as shall be agreed on by both Houses of the Parliament of England, and by the Church, and Kingdome of Scotland, after advice had with the Divines of both Kingdomes; Also concerning an Act of Parliament to confirm the calling and sitting of the Assembly of Divines: All which, with some other particulars concerning Religion, expressed in the former Propositions, if they should now be omitted in the setling of a Peace, the progresse already made, not only in the Assembly of Divines, but in the Houses of Parliament in setling Presbyteriall Government, with the Confession of Faith, yea the Directory of publike Worship (though agreed upon by the Assemblies and Parliaments of both Kingdomes) shall bee but so much lost labour. But beside these omissions it may bee justly doubted whether there be not in these Proposals of the Army, somewhat for Episcopacy, and against the Covenant; For wee cannot understand the eleventh Proposall, in any other sense, but that it supposeth the continuance of the Ecclesiasticall office of Bishops or Prelats, as well as of any other Church Officers, and taketh no more from the Prelats, but coercive power or jurisdiction extending to civill penalties, which indeed belongeth to no Ecclesiasticall Officers. In the twelfth Proposall, we do not see, how it can avoid or shun the toleration of Popery, Superstition, Heresie, Schisme, Profannesse, or whatsoever works of darknesse shall be practised by such as despise the publike Worship of God in the Church, and have the most unlawfull and wicked meetings elsewhere under a profession of Religious duties, exercises or ordinances. From the thirteenth Proposall, wee can make no other result, but that in stead of enjoyning the taking of the Covenant, under such penalties as the Parliaments in their wisdome shall agree upon, the former ordinance of Parliament enjoyning the taking of it, is desired to be repealed: and then what may bee the danger of those that have taken, or shall take an oath of that kinde, not enjoyned nor ratified by authority, wee leave it to bee judged by those who know best the Lawes of that Kingdome.

One thing more wee cannot passe, that whereas in the Armies Declaration, or Representation to the Parliament, dated June 14, 1647, they mention their Brethren of Scotland, as having proceeded in the vindication and defence of their just rights and liberties, much higher than that Army hath done; Wee are necessitated to say this much for clearing of these proceedings in this Nation reflected upon: They of this Church and Kingdom who joyned together and associated themselves in this Cause, first by humble Petitions, and afterwards by Covenant, were so far from slighting or breaking that Covenant which was taken, that it was the special visible character by which the friends of the Cause were distinguished from the enemies thereof; and they were so far either from crying down the Ministery and Ecclesiasticall Assemblies, or from disobeying any Orders or Commands of Parliament, that a Generall Assembly of the Church, and a Parliament, were two chief Heads of their Petitions and desires, at that time when they had neither; And when they had obtained a Generall Assembly and Parliament, they chearfully submitted to both respectively.

And now the dangers of Religion in this Island being so great, as there hath been lately a Solemne Humiliation throughout this Land, upon occasion of these great and growing dangers; so we cannot but still look upon them as matters of frequent Prayer and Humiliation to our selves as well as our Brethren in England; there being much sin in both Kingdomes procuring all this evill, and justly deserving these, and heavier judgements. And as wee desire in the first place to be humbled for our own sins, and the sins of this Nation, so we trust, our Brethren will bee willing to be put in minde of the necessity of their Humiliation and Repentance for the Nationall sins of that Kingdome; which wee shall wish rather to be sadly considered by them, then expressed by us. One thing we are confident of, that God hath had a speciall controversie against his People of old for the sin of a broken Covenant, and unwillingnesse to bee Reformed and Purged according to the Word of the Lord; and that till these sinnes were acknowledged and repented, his controversie did not take an end. We are no lesse confident that the godly and well affected will in tendernesse of conscience timely search out, weigh well, mourn for, and study to remove all the causes of the Lords present controversie against that Nation. What the honourable Houses of Parliament have to bee humbled for, and to reform or amend, they have been (and we trust still are) put in minde by such as are Ambassadours to them in Christs stead at their solemn humiliations. For our part, as we have alwayes mentioned them in our prayers, with thanksgivings also in their behalfe, so we now most humbly beseech the Lord, to direct and blesse them, and in their present difficulties to keep them by his Grace from all sinfull compliance, especially from establishing iniquity by a Law; to shew them why he contendeth with them, that the true cause of his controversie may be removed, and that the glory of his Name, the Kingdome, Crown, and Scepter of his Son Jesus Christ, with his Word, Lawes, Ordinances, Trueth, Ministers, may be yet more set by in their eyes, that they also may finde a further performance of the Word of the Lord: Exalt her and she shall promote thee. And, them that honour mee, I will honour.

We shall now by the mercies of God, and in the bowels of Jesus Christ, earnestly beseech all those of whatsoever quality or condition in England, who have entred into the same League and Covenant with us, and especially the Houses of Parliament, the City of London, and Assembly of Divines, that with sound Humiliation, fervent Prayer, and making sure their Peace with God, they may joyne all care, faithfulnesse and zeal, to hold fast the profession of their Faith without wavering, against the many heresies and errors of these times; that they may according to their places and callings endeavour to the utmost of their power to prevent or hinder the laying aside or slighting of the Covenant, the re-establishment of Episcopacy, and the toleration of Popery, Prelacy, Heresie, Schisme, Superstition, or Profannesse, and not suffer themselves, directly or indirectly, by whatsoever combination, perswasion or terrour, to bee divided and withdrawn from that blessed Union and Sacred Covenant, either to the contrary side, or to a neutrality in this Cause, which so much concerneth the glorie of God, the good of the Kingdomes, and the Honour of the King; but all the dayes of their lives zealously and constantly continue therein against all opposition, and promote the same according to their power against all lets and impediments whatsoever, which things both they and wee have solemnly and in the sight of God sworn unto. And as we desired them to rest confident of the constancy of their Brethren in this Nation, in adhering to that Covenant in all the Articles thereof, which we shall by the Grace of Christ (without which we are nothing) sincerly, really, and constantly pursue and promote, so far as concerneth our Places and Callings; using our utmost endeavours towards the suppression of those errors, which have so dangerously hurt Religion in this Island: So, we expect confidently the like of our Brethren in England united in Covenant with us, and that what ever they may have cause to fear or bee called to suffer, yet the Lord will so strengthen them by his grace, as that they may be able to say, All this is come upon us, yet have we not forgotten thee, neither have we dealt falsely in thy Covenant. And here is the wisdome and patience of the Saints, to choose affliction rather then iniquity, to do duety in the worst of times, and to trust God with events, and in so doing, to hope to the end and wait upon the Lord, untill hee plead their cause and execute judgement for them: So shall they bee more purified and not made blacker (as, alas, some are) but whiter in times of tryall.

More particularly, wee do desire that Presbyteriall Government may be setled and put in practise throughout that Kingdom, according to the Word of God, and example of the best Reformed Churches: for without this wee know no other proper and effectuall remedy against the present dangers of Religion there, or for purging the Church from scandals, which are destructive either to sound Doctrine, or to Godlinesse: And herein we are confident, the experience of all the Reformed Churches will bear witnesse with us. Nor do we doubt but in England also, time and experience will more and more commend, not only the beautifull order, but the great utility, yea, necessity of this Government, and dispell all the clouds of aspersions and prejudices which it lieth under among such as know it not, who ought therefore to beware of speaking evill of the things they understand not. Yet we would not have our zeal for Presbyteriall Government mis-understood, as if it tended to any rigour or domineering over the flock, or to hinder and exclude that instructing in meeknesse them that oppose themselves, which the Apostolicall rule holds forth; or as if wee would have any such to bee intrusted with that Government, as are found not yet purged, either from their old profannesse, or from the Prelaticall principles and practises which were but to put a piece of new cloath unto an old garment, and so to make the rent worse; or to put new wine into old bottles, and so to lose both wine and bottles. Yea who knows whether this may not be one of the causes, (and not the least) why the present Reformation succeeds the worse, even because of so little repentance, either for the profannesse, or Prelaticall errours and corruptions of divers who have acted in it: Neverthelesse, the right hand of fellowship is to bee given to all such as bring forth fruits meet for repentance, whatsoever their former errours or failings were. And to our great joy, we understand that there are many learned, able, godly, and prudent Ministers in that Kingdome, fit to be imployed in that Government, together with such able and pious men, as are to be joyned with them in the capacity of ruling Elders. It shall be a part of our prayers, that the Lord of the Harvest may send forth many more labourers in that Kingdome, where the Harvest is so great, and the Labourers so few proportionably; and in the meane while, that such as he hath already thrust out, may not be unemployed, as to the point of Discipline and Government.

Nor lastly, doth our zeal for the Covenant and Presbyteriall Government abate or diminish any thing at all from our Loyalty and Duety to the Kings Majesty, although Incendiaries and Enemies spare not to reproach this Church and Kingdome with Disloyaltie; Yet such calumnies will easily be repudiate by all who will examine the whole course of the publicke proceedings in this Nation, in reference to the King; and particularly the Declaration of the Parliament of this Kingdome, dated January 16, 1647. Wherefore passing all such calumnies, which cannot but be hatefull to God and good men, wee do clearly and candidly professe, That the Covenant and Presbyteriall Government are so far from hindering or excluding our duety to the King, that it is thereby very much strengthened and supported; for our giving to God what is Gods doth not hinder us, but help us, to give unto Cæsar what is Cæsars. And wee earnestly wish his Majesties Royall heart may bee graciously inclined to the just desires of his good Subjects in both Kingdomes, and to that happy settlement of Truth and Peace, Religion and Righteousnesse, which may bee as well for the establishment of his own Throne, as for the good of his people.

Now the Prince of Peace Himself, grant this afflicted People, tossed with tempests and not comforted, a safe and wel-grounded Peace, bring light out of the present darknesse, and order out of all these confusions, give unto all who are waiting for the consolation of Israel good hope through grace, comfort their hearts, stablish them in every good word and work, make his Cause to triumph at last over all opposition, and the enemies foot to slide in due time, and so put a new Song of praise in the mouths of his people. Amen.

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24 August, 1647. Ante Meridiem. Sess. XIX.
Act for observing the Directions of the Generall Assembly for Secret and Private Worship, and mutuall edification, and for censuring such as neglect Familie Worship.

THE Generall Assembly, after mature deliberation, doth approve the following Rules and Directions, for cherishing Piety and preventing Division and Schisme, and doth appoint Ministers and Ruling Elders in each Congregation to take speciall care that these Directions be observed and followed; As likewise that Presbyteries and Provinciall Synods enquire and make tryall whether the saids Directions bee duely observed in their bounds, and to reprove or censure (according to the quality of the offence) such as shall bee found to bee reproveable or censurable therein. And to the end that these Directions may not be rendred ineffectuall and unprofitable among some through the usuall neglect of the very substance of the duty of Family Worship, The Assembly doth further require and appoint Ministers and Ruling Elders, to make diligent search and enquiry in the Congregations committed to their charge respectively, whether there bee among them any Family or Families which use to neglect this necessary duty; And if any such Family be found, the head of that Family is to be first admonished privately to amend this fault; And in case of his continuing therein, he is to be gravely and sadly reproved by the Session. After which reproof, if he be found still to neglect Familie Worship, Let him be for his obstinacy, in such an offence, suspended and debarred from the Lords Supper, as being justly esteemed unworthy to communicate therein till he amend.

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The Directions of the Generall Assembly, for Secret and Private Worship and mutuall edification, for cherishing Piety, for maintaining Unitie, and avoiding Schisme and Division.

BESIDES the publike Worship in Congregations, mercifully established in this Land, in great purity; It is expedient and necessary, that Secret Worship of each person alone, and Private Worship of Families be pressed and set up: That with Nationall Reformation, the profession and power of Godlinesse both Personall and Domestick bee advanced.

I. And first for Secret Worship; It is most necessar, that every one apart and by themselves be given to Prayer and Meditation, The unspeakable benefit whereof is best known to them who are most exercised therein: This being the meane whereby in a speciall way communion with God is entertained, and right preparation for all other duties obtained: And therefore it becometh not onely Pastors, within their severall Charges, to presse Persons of all sorts to performe this dutie Morning and Evening, and at other occasions, but also it is incumbent to the head of every Family, to have a care that both themselves and all within their charge be daily diligent herein.

II. The ordinar duties comprehended under the exercise of Pietie, which should be in Families when they are conveened to that effect, are these: First, Prayer and Praises performed, with speciall reference as well to the publike condition of the Kirk of God and this Kingdome, as to the present case of the Familie, and every member thereof. Next, Reading of Scriptures with Catechizing in a plaine way, that the understandings of the simpler may be the better enabled to profit under the publike Ordinances, and they made more capable to understand the Scriptures when they are read; Together with godly conferences tending to the edification of all the members in the most holy faith: As also, admonition and rebuke upon just reasons from these who have Authority in the Familie.

III. As the Charge and Office of interpreting the holy Scriptures, is a part of the Ministeriall calling, which none (howsoever otherwise qualified) should take upon him in any place, but he that is duely called thereunto by God and his Kirk: So in every Familie where there is any that can read, The holy Scriptures should be read ordinarily to the Family; And it is commendable that thereafter they confer, and by way of conference make some good use of what hath beene read and heard: As for example, if any sin be reproved in the Word read, use may bee made thereof, to make all the Familie circumspect and watchfull against the same; Or, if any judgement be threatned or mentioned to have beene inflicted in that portion of Scripture which is read, use may bee made to make all the Familie fear, lest the same or a worse judgement befall them, unlesse they beware of the sin that procured it: And finally, if any duety bee required, or comfort held forth in a promise, use may bee made to stirre up themselves to imploy Christ for strength to enable them for doing the commanded duty, and to apply the offered comfort; In all which the Master of the Familie is to have the chief hand. And any member of the Familie may propone ane question or doubt for resolution.

IIII. The head of the Family is to take care that none of the Familie withdraw himself from any part of Familie Worship: And seeing the ordinar performance of all the parts of Family-worship belongeth properly to the head of the Family, The Minister is to stirre up such as are lasie, and traine up such as are weak to a fitnesse for these exercises. It being alwayes free to persons of qualitie to entertain one approven by the Presbyterie for performing Familie Exercise; And in other families where the head of the Familie is unfit, that another constantly residing in the Familie approven by the Minister and Session, may be imployed in that service; Wherein the Minister and Session are to be countable to the Presbyterie. And if a Minister by divine providence bee brought to any Familie, It is requisite, that at no time he conveen a part of the Familie for Worship secluding the rest; Except in singular cases, specially concerning these parties, which (in Christian prudence) need not, or ought not to bee imparted to others.

V. Let no Idler who hath no particular calling, or vagrant person under pretence of a calling, be suffered to perform Worship in Families, to or for the same: Seeing persons tainted with errours or aiming at division, may be ready (after that manner) to creep into houses and lead captive silly and unstable souls.

VI. At Family Worship a speciall care is to be had, that each Familie keep by themselves; Neither requiring, inviting, nor admitting persons from divers Families; Unlesse it be these who are lodged with them or at meal, or otherwise with them upon some lawfull occasion.

VII. Whatsoever hath been the effects and fruits of meetings of persons of divers Families in the times of corruption or trouble (in which cases many things are commendable, which otherwise are not tolerable) Yet when God hath blessed us with Peace and the purity of the Gospel, such meetings of persons of divers Families (except in the cases mentioned in these Directions) are to be disapproved, as tending to the hinderance of the Religious exercise of each Familie by it self, to the prejudice of the publike Ministery, to the renting of the Families of particular Congregations, and (in progresse of time) of the whole Kirk; besides many offences which may come thereby, to the hardning of the hearts of carnall men, and grief of the godly.

VIII. On the Lords Day, after every one of the Family apart, and the whole Family together have sought the Lord (in whose hands the preparation of mens hearts are) to fit them for the publike Worship, and to blesse to them the publike Ordinances; The Master of the Familie ought to take care that all within his charge repair to the publike Worship, that he and they may joyne with the rest of the Congregation; And, the publike Worship being finished, after prayer, he should take an account what they have heard, And thereafter to spend the rest of the time which they may spare, in Catechising and in spirituall conferences upon the Word of God; Or else (going apart) they ought to apply themselves to reading, meditation, and secret prayer, that they may confirme and increase their Communion with God; That so the profit which they found in the publike Ordinances may bee cherished and promoved, and they more edified unto eternall life.

IX. So many as can conceive prayer, ought to make use of that gift of God: Albeit these who are rude and weaker may begin at a set form of prayer; But so, as they bee not sluggish in stirring up in themselves (according to their daily necessities) the spirit of prayer, which is given to all the children of God in some measure. To which effect, they ought to be the more fervent and frequent in secret prayer to God, for enabling of their hearts to conceive, and their tongues to expresse convenient desires to God for their Familie. And in the mean time, for their greater encouragement, let these materialls of prayer be meditated upon, and made use of, as followeth.

Let them confesse to God how unworthy they are to come in his presence, and how unfit to worship his Majesty; And therefore earnestly ask of God the spirit of prayer.

They are to confesse their sins, and the sins of the Familie, accusing, judging, and condemning themselves for them, till they bring their souls to some measure of true humiliation.

They are to pour out their souls to God, in the Name of Christ, by the spirit, for forgivinesse of sins, for Grace to repent, to believe, and to live soberly, righteously, and godly; and that they may serve God with joy and delight, walking before him.

They are to give thanks to God for his many mercies to his People, and to themselves, and especially for his love in Christ, and for the light of the Gospel.

They are to pray for such particular benefits, Spirituall and Temporall, as they stand in need of for the time, (whether it be Morning or Evening) as health or sicknesse, prosperitie or adversitie.

They ought to pray for the Kirk of Christ in general, for all the Reformed Kirks, and for this Kirk in particular, and for all that suffer for the Name of Christ, for all our Superiours, The Kings Majesty, the Queene, and their Children, for the Magistrates, Ministers, and whole body of the Congregation whereof they are members, as well for their Neighbours absent in their lawfull affaires, as for those that are at home.

The prayer may be closed with an earnest desire, that God may be glorified in the comming of the Kingdome of his Son, and in the doing of his will; And with assurance that themselves are accepted, and what they have asked according to his will shall be done.

X. These exercises ought to be performed in great sinceritie without delay, laying aside all Exercises of worldly businesse or hinderances, Notwithstanding the mockings of Atheists, and profane men; In respect of the great mercies of God to this Land, and of his severe Corrections wherewith lately he hath exercised us. And to this effect, persons of eminency (and all Elders of the Kirk) not onely ought to stir up themselves and their Families to diligence herein; But also to concurre effectually, that in all other Families, where they have Power and Charge, the said exercises be conscionably performed.

XI. Besides the ordinary duties in Families which are above mentioned, extraordinary duties both of humiliation and thanksgiving are to bee carefully performed in Families, when the Lord by extraordinary occasions (private or publike) calleth for them.

XII. Seeing the Word of God requireth, That wee should consider one another to provoke unto love and good works; Therefore, at all times, and specially in this time wherein profanitie abounds, and mockers walking after their own lusts think it strange that others run not with them to the same excesse of riot, Every member of this Kirk ought to stir up themselves and one another to the duties of mutuall Edification, by instruction, admonition, rebuke, exhorting one another to manifest the Grace of God, in denying ungodlinesse and worldly lusts, and in living godly, soberly, and righteously in this present world, by comforting the feeble minded, and praying with, or, for one another; Which duties respectively are to be performed upon speciall occasions offered by divine providence; As namely, when under any calamity, crosse, or great difficultie, counsell or comfort is sought, Or when an offender is to bee reclaimed by private admonition, and if that be not effectuall, by joyning one or two more in the admonition, according to the rule of Christ; that in the mouth of two or three witnesses every word may be established.

XIII. And because it is not given to every one to speak a word in season to a wearied or distressed conscience, It is expedient, that a person (in that case) finding no case after the use of all ordinary means private and publike, have their addresse to their own Pastour, or some experienced Christian: But, if the person troubled in conscience be of that condition, or of that sex, that discretion, modesty, or fear of scandall, requireth a godly grave and secret friend to be present with them in their said addresse, It is expedient that such a friend be present.

XIV. When persons of divers Families are brought together by divine providence, being abroad upon their particular Vocations, or any necessary occasions, As they would have the Lord their God with them whithersoever they go, they ought to walk with God, and not neglect the duties of Prayer and Thanksgiving, but take care that the same be performed by such as the company shall judge fittest: And that they likewise take heed that no corrupt communication proceed out of their mouth, but that which is good, to the use of edifying, that it may minister grace to the hearers. The drift and scope of all these Directions is no other, but that upon the one part, the power and practice of godlinesse among all the Ministers and Members of this Kirk, according to their severall places and vocations, may be cherished and advanced, and all impietie and mocking of Religious Exercises suppressed; And upon the other part, that under the name and pretext of Religious Exercises, no such meetings or practices be allowed, as are apt to breed Error, Scandall, Schisme, contempt or misregard of the publike Ordinances and Ministers, or neglect of the duties of particular Callings, or such other evils as are the works not of the Spirit but of the Flesh, and are contrary to Truth and Peace.

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Act against such as withdraw themselves from the publike Worship in their own Congregation.

SINCE it hath pleased God of his infinite goodnesse to blesse his Kirk within this Nation, with the riches of the Gospel, in giving to us his Ordinances in great purity, liberty, and withall, a comely and well established order: The Assembly, in the zeal of God, for preserving Order, Unitie and Peace in the Kirk, for maintaining that respect which is due to the Ordinances and Ministers of Jesus Christ, for preventing Schisme, noysome Errours, and all unlawfull Practices, which may follow on the Peoples withdrawing themselves from their own Congregations, Doth charge every Minister to bee diligent in fulfilling his Ministerie, to be holy and grave in his conversation, to be faithfull in Preaching, declaring the whole counsell of God, and as he hath occasion from the Text of Scripture to reprove the sins and errours, and presse the duties of the time; and in all those, to observe the rules prescribed by the Acts of Assembly; wherein if he be negligent, he is to be censured by his own Presbytery. As also Ordains every Member in every Congregation to keep their own Paroch Kirk, to communicate there in the Word and Sacraments; And if any person or persons shall hereafter usually absent themselves from their own Congregations, except in urgent cases made known to, and approven by the Presbytery, The Ministers of these Congregations whereto they resort, shall both in publike by Preaching, and in private by admonition, shew their dislike of their withdrawing from their own Minister; That in so doing, they may witnesse to all that heare them, their due care to strengthen the hands of their fellow-labourers in the work of the Lord, and their detestation of any thing that may tend to separation, or any of the above mentioned evils; Hereby their own Flock will be confirmed in their stedfastnesse, and the unstable spirits of others will be rectified. Likeas the Minister of that Congregation from which they do withdraw, shall labour first by private admonition to reclaim them; And if any after private admonition given by their own Pastour do not amend, in that case the Pastour shall delate the foresaid persons to the Session, who shall cite and censure them as contemners of the comely order of the Kirk; And if the matter be not taken order with there, It is to bee brought to the Presbytery: For the better observing whereof, the Presbyteries at the Visitation of their severall Kirks, and Provincial Assemblies, in their censure of the severall Presbyteries, shall enquire hereanent: Which inquirie and report shall be registrate in the Provinciall Books, that their diligence may be seen in the Generall Assembly.

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26 August, 1647. Post Meridiem. Sess. XXII.
Approbation of the proceedings of the Commission of the preceeding Assembly.

THE Generall Assembly after mature deliberation, do ratifie and approve the whole Acts and Conclusions of the Commissioners of the preceeding Assembly for publike affaires now tryed and examined; Declaring that they have proceeded therein with much zeal, wisdome, vigilancie, and according to their Commission.

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27 August, 1647. Ante Meridiem. Sess. XXIII.
Approbation of the Confession of Faith.

A CONFESSION of Faith for the Kirks of God in the three Kingdomes, being the chiefest part of that Uniformity in Religion which by the Solemne League and Covenant we are bound to endeavour; And there being accordingly a Confession of Faith agreed upon by the Assembly of Divines sitting at Westminster, with the assistance of Commissioners from the Kirk of Scotland; Which Confession was sent from our Commissioners at London to the Commissioners of the Kirk met at Edinburgh in January last, and hath been in this Assembly twice publikely read over, examined, and considered; Copies thereof being also Printed, that it might be particularly perused by all the Members of this Assembly, unto whom frequent intimation was publikely made, to put in their doubts and objections if they had any; And the said Confession being upon due examination thereof found by the Assembly to bee most agreable to the Word of God, and in nothing contrary to the received Doctrine, Worship, Discipline, and Government of this Kirk: And lastly, it being so necessary and so much longed for, That the said Confession be with all possible diligence and expedition approved and established in both Kingdoms, as a principall part of the intended Uniformity in Religion, and as a speciall means for the more effectuall suppressing of the many dangerous errours and heresies of these times; The Generall Assembly doth therefore after mature deliberation Agree unto and Approve the said Confession as to the truth of the matter (judging it to be most orthodox and grounded upon the Word of God) and also as to the point of Uniformity, Agreeing for our part that it be a common Confession of Faith for the three Kingdoms. The Assembly doth also blesse the Lord, and thankfully acknowledge his great mercy, in that so excellent a Confession of Faith is prepared, and thus far agreed upon in both Kingdomes; which we look upon as a great strengthning of the true Reformed Religion against the common enemies thereof. But lest our intention and meaning be in some particulars misunderstood, It is hereby expressly Declared and Provided, that the not mentioning in this Confession the severall sorts of Ecclesiasticall Officers and Assemblies, shall be no prejudice to the Truth of Christ in these particulars to be expressed fully in the Directory of Government. It is further Declared, that the Assembly understandeth some parts of the second Article of the thirty one Chapter, only of Kirks not settled or constituted in point of Government; And that although in such Kirks, a Synod of Ministers and other fit persons may be called by the Magistrates authority and nomination without any other Call, to consult and advise with about matters of Religion; And although likewise the Ministers of Christ without delegation from their Churches, may of themselves, and by vertue of their Office meet together Synodically in such Kirks not yet constituted; Yet neither of these ought to be done in Kirks constituted and setled: It being alwayes free to the Magistrate to advise with Synods of Ministers and ruling Elders meeting upon delegation from their Churches, either ordinarily, or being indicted by his Authority occasionally and pro re nata; It being also free to assemble together Synodically, as well pro re nata, as at the ordinary times upon delegation from the Churches, by the intrinsicall power received from Christ, as often as it is necessary for the good of the Church so to assemble, in case the Magistrate to the detriment of the Church withhold or deny his consent, the necessity of occasionall Assemblies being first remonstrate unto him by humble supplication.

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Edinburgh, 28 August, 1647. Ante Meridiem. Sess. XXV.
Act for revising the Paraphrase of the Psalmes brought from England, with a recommendation for Translating the other Scripturall Songs in Meeter.

THE Generall Assembly, having considered the report of the Committee, concerning the Paraphrase of the Psalmes sent from England: And finding that it is very necessary, that the said Paraphrase be yet revised; Therefore doth appoint Master John Adamson to examine the first fourty Psalmes, Master Thomas Craufurd the second fourty, Master John Row the third fourty, and Master John Nevey the last thirty Psalms of that Paraphrase; and in their Examination they shall not only observe what they think needs to be amended, but also to set downe their own essay for correcting thereof: And for this purpose recommends to them, to make use of the travels of Rowallen, Master Zachary Boyd, or of any other on that subject, but especially of our own Paraphrase, that what they finde better in any of these Works may be chosen: and likewise they shall make use of the animadversions sent from Presbyteries, who for this cause are hereby desired to hasten their observations unto them; And they are to make report of their labours herein to the Commission of the Assembly for publike affaires against their first meeting in February next: And the Commission after revising thereof, shall send the same to Provinciall Assemblies, to bee transmitted to Presbyteries, that by their further consideration, the matter may be fully prepared to the next Assembly: And because some Psalmes in that Paraphrase sent from England are composed in verses which do not agree with the Common-tunes, Therefore it is also recommended that these Psalms be likewise turned in other verses which may agree to the Common-tunes, that is, having the first line of eight syllabs, and the second line of six, that so both versions being together, use may bee made of either of them in Congregations as shall be found convenient: And the Assembly doth further recommend, That M. Zachary Boyd be at the paines to translate the other Scripturall Songs in meeter, and to report his travels also to the Commission of Assembly, that after their Examination thereof, they may send the same to Presbyteries to be there considered untill the next Generall Assembly.

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Act recommending the execution of the Act of Parliament at Perth, for uplifting pecuniall paines to bee imployed upon pious uses, and of all Acts of Parliament made against excommunicate Persons.

THE Generall Assembly doth seriously Recommend and Ordaine, That Presbyteries diligently endeavour that the ninth Act of the Parliament holden at Perth, Anno 1645, Concerning the uplifting of pecuniall paines to bee imployed upon pious uses, may bee put to due execution within their severall bounds; And also that the Acts of Parliament against excommunicate Persons, especially the twentieth Act of the Parliament in March last, be also carefully execute: And that they cause use all diligence to that effect, And account hereof shall bee required in Provinciall and Generall Assemblies.

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Ult August, 1647. Ante Meridiem. Sess. XXVII.
Act discharging the importing, venting or spreading of erronious Books or Papers.

THE Generall Assembly considering how the errours of Independency and Separation (have in our Neighbour Kingdome of England) spread as a Gangræn, and do daily eat as a Canker; In so much that exceeding many Errours, Heresies, Schismes, and Blasphemies, have issued therefrom, and are sheltered thereby; And how possible it is, for the same evils, to invade, and overspread this Kirk and Kingdome, (lying within the same Island) by the spreading of their erronious Books, Pamphlets, Lybels, and Letters, and by conversing with them that are infected with these errours, except the same be timeously prevented; Doe therefore, In the name of God, Inhibit and Discharge all Members of this Kirk and Kingdome, to converse with Persons tainted with such errours; Or to import, sell, spread, vent, or disperse such erronious Books or Papers: But that they beware of, and abstain from Books maintaining Independencie or Separation, and from all Antinomian, Anabaptisticall, and other erronious Books and Papers; Requiring all Ministers to warne their flocks against such Bookes in generall, and particularly such as are most plausible, insinuating, and dangerous: And to try carefully from time to time if any such Bookes bee brought into this Countrey from England, or from beyond Seas (which is especially recommended to Ministers on Sea Coasts, or Towns where any Stationers are) and if any shall be found, to present the same to the Presbyterie, that some course may be taken to hinder the dispersing thereof: And hereby all Presbyteries, and Synods, are ordained to try and Processe such as shall transgresse against the premisses or any part of the same. And the Assembly also doth seriously recommend to Civill Magistrates, that they may be pleased to be assisting to Ministers and Presbyteries in execution of this Act, and to concurre with their authority in every thing to that effect.

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Act for debarring of Complyers in the first Classe from Ecclesiastick office.

THE Generall Assembly Declares and Ordaines, That no Person who is guilty of Complyance in the first Classe mentioned in the Act of the preceeding Assembly, shall bee received in any Ecclesiasticall charge, untill the evidence of his repentance before the Presbyterie and Congregation be reported to the Synode to which he belongs, and to the Generall Assembly, and their consent obtained for his bearing office. And if any such Person be already received unto the Eldership of any particular Congregation, yet he shall not be admitted to be a Member of any Presbyterie, Synode, or Generall Assemblie, untill (upon the evidence of his repentance) the consent and approbation of these Judicatories respectively bee obtained thereto.

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Act for pressing and furthering the plantation of Kirks.

THE Generall Assembly considering how the Work of Provision, Plantation, convenient Dividing, Dismembring, better uniting or enlarging of Parish Kirks is hitherto foreflowed, to the great prejudice of many Ministers, many good People, and hinderance of the Work of Reformation; Doth therefore Ordaine, That all Presbyteries have special care that the present opportunity bee diligently improved by all their Members, as need is, before the Commission for Plantation of Kirks, as they would not be found censurable for neglect. And that every Presbytery send in to the next Generall Assembly the names of all their Parishes, with declaration which of them have Ministers, which not, what is the largenesse of the bounds, commodious or incommodious situation of each Parish Kirk, what is the number of Communicants, what Kirks are under Patrons, what not, who are the severall Patrons, what is the nature and quantitie of the present provision, or possible ground of further provision for competent Maintenance, where the same is not sufficiently provided already: As also, what Parishes are united or disunited or bettered already, and in what measure by the said Commission; That the Generall Assembly being acquaint therewith, may doe accordingly both for censuring Neglecters, and finding out Overtures for better furtherance of the Work for time to come. Moreover it is hereby Ordained, That the next ensuing Provinciall Synodes, crave account of the severall Presbyteries their diligence, And presse that they have it ready in writ to present to the Provinciall Synodes in April next to come, that so all may bee in readinesse and the full account made at the next Generall Assembly.

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Act for censuring absents from the Generall Assemblie.

THE Generall Assembly considering the absence of many Commissioners in this and other preceeding Assemblies, and that many of those present have gone from the Assembly before the dissolving thereof: Therefore, for remedie hereof in time coming, Doth Ordaine, that hereafter, Every Commissioner from Presbyteries and Universities who shall be absent from the Assembly without a reasonable excuse notified to the Assembly, Or who being present shall goe from the Assembly before the dissolving thereof without licence, shall be suspended by the Assembly untill the Provinciall Synode next thereafter following.

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Renovation of former Acts of Assembly for Triall and Admission of Expectants to the Ministerie.

THE Generall Assembly, doth hereby renew and confirme all former Acts and Ordinances for triall and admission of Expectants to the Ministery; Especially the Articles thereanent allowed by the Generall Assembly 1596, and approven in the Assemblie at Glasgow 1638. The thirteenth Article concerning the age of intrants to the Ministery and the twentie fourth Article concerning the triall of Expectants, Of an Act of the said Assembly at Glasgow, Sess. 23. And the Act of the Assembly at S. Andrews 1642, Sess. 7. concerning Lists for presentations from the King, and the trial of Expectants, &c. Ordaining Presbyteries to observe the same carefully in all time coming.

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Eodem die, Sess. XXVIII. Post Meridiem.
Renovation of the Commission for prosecuting the Treaty for Uniformity in England.

THE Generall Assembly, Taking to their consideration that the Treaty of Uniformity in Religion in all his Majesties Dominions is not yet perfected; Therefore, Renews the Power and Commission granted by preceeding Assemblies for prosecuting that Treaty, unto these Persons afternamed, viz. Master Robert Douglas, Master Samuel Rutherfurd, Master Robert Baillie, Master George Gillespie, Ministers: And John Earle of Lauderdaill, John Lord Balmerino, and Sir Archibald Johnstoun of Waristoun, Elders; Authorizing them with full Power to prosecute the said Treaty of Uniformity with the Honourable Houses of the Parliament of England, and the Reverend Assembly of Divines there, or any Committees appointed by them: And to doe all and every thing which may advance, perfit, and bring that Treaty to an happy conclusion, conforme to the Commissions given thereanent.

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Renovation of the Commission for the publike affaires of the Kirk.

THE Generall Assembly taking to their consideration, that in respect the great Work of Uniformity in Religion in all his Majesties Dominions is not yet perfected, (though by the Lords blessing there is a good progresse made in the same) there is a necessity of renewing the Commissions granted formerly for prosecuting and perfecting that great Work; Doe therefore renew the Power and Commission granted for the publike Affaires of the Kirk by the Generall Assemblies held in S. Andrews 1642, and at Edinburgh 1643, 1644, 1645, and 1646, unto the Persons following, viz. Masters, Alexander Casse, Samuel Douglas, Robert Knox, William Penman, James Guthrie, Robert Cuninghame, David Fletcher, Robert Lawder, Andrew Stevenson, Robert Davidson, David Calderwood, James Fleming, Robert Ker, James Fairlie, Oliver Colt, Patrick Sibbald, Andrew Ramsay, John Adamson, Robert Douglas, William Colvill, George Gillespie, Mungo Law, Andrew Fairfoul, George Lesly, Robert Lawrie, Alexander Spittle, Alexander Dickson, John Hay, Thomas Vassie, Ephraim Melvill, Patrick Scheill, Alexander Simmervail, George Bennet, Alexander Levingstoun, Robert Murray, Alexander Rollock, William Menzies, Alexander Ireland, John Friebairn, George Murray, Henry Guthrie, William Justice, Robert Wright, Henrie Livingstoun, James Hammiltoun, George Gladstanes, Bernard Sanderson, Andrew Lawder, George Rutherfurd, John Levingston, George Hutcheson, John Bell, Heugh Mackaile, John Nevey, Matthew Brisbane, John Hammiltoun, Allan Ferguson, David Dickson, Zachary Boyd, Robert Ramsay, Robert Baillie, James Nasmith, Francis Aird, Robert Birnie, Thomas Kirkaldie, Evan Cameron, Robert Blair, Coline Adam, George Hammiltoun, Samuel Rutherfurd, Alexander Colvill, John Ramsay, James Martein, William Levingstoun, Thomas Melvill, John Smith, Fredrick Carmichaell, Patrick Gillespie, Alexander Moncrief, John Duncan, James Sibbald, Walter Bruce, George Pittillo, Andrew Affleck, John Barclay, Thomas Peirson, William Rait, David Strachan, Andrew Cant, William Douglas, John Forbes, George Sharp, William Chalmer, Joseph Brodie, Alexander Simmer, Gilbert Anderson, William Smith, Ministers; And Archibald Marques of Argile, John Earle of Crawfurd, Alexander E. of Eglintoun, William E. of Glencairne, John E. of Cassils, James E. of Home, James E. of Tullibairdine, Francis E. of Bukcleuch, John E. of Lawderdaill, William E. of Lothian, James E. of Finlatour, William E. of Lanerk, James Earle of Callendar, Archibald Lord Angus, George L. Brichen, John L. Yester, John L. Balmerino, James L. Cowper, John Lord Barganie, Sir Archibald Johnstoun of Waristoun, Sir John Hope of Craighall, Arthur Areskine of Scotiscraig, Alexander Fraser of Phillorth, Frederick Lyon of Brigtoun, James Mackdougall of Garthland, Sir William Cockburne of Langton, Sir Andrew Ker of Greinheid, Sir Heugh Campbell of Cesnock, Sir James Levingstoun of Kilsyth, Sir Thomas Ruthven of Freeland, Sir Gilbert Ramsay of Balmayne, John Henderson of Fordell, Walter Dundas younger of that ilk, Sir William Scot younger of Harden, Sir Lodovick Gordoun, Master George Winrhame of Libertoun, Alexander Levingstoun of Saltcoats, John Birsbane of Bishoptoun, Sir Robert Douglas of Tilliquhillie, James Pringle of Torwoodlie, Sir Iames Nicolsone of Colbrandspath, William Ker of Newtoun, William Forbes younger of Lesly, John Kennedy of Carmucks, Robert Arburthnot of Findowrie, Alexander Brodie of Letham, Master Robert Narne younger of Strathurd, Master James Schoneir of Caskeberrie, James Ruchheid, Lawrence Hendersone, James Stewart, David Douglas, John Jaffray, George Porterfield, John Semple, John Kennedy, William Glendinning, Master John Cowan, John Mill, Elders: Giving unto them full power and Commission, to doe all and every thing for prosecuting, advancing, perfecting, and bringing the said Work of Uniformity in Religion in all his Majesties Dominions to a happy conclusion, conform to the former Commissions granted by preceding Assemblies thereanent: And to that effect, Appoints them or any seventeene of them, whereof thirteene shall bee Ministers, to meet heer in this City in the afternoone at four hours, and thereafter upon the last Wednesdayes of November, February, and May next, and upon any other day, and in any other place they shall think fit. Renewing also to the Persons before named, the Power contained in the Act of the Assembly 1643, intituled, A reference to the Commission anent the Persons designed to repaire to the Kingdome of England; As likewise the Power contained in the Act of Assemblie 1644, Sess. 6. for sending Ministers to the Armie. And further, in case Delinquents have no constant residence in any one Presbyterie, Or if Presbyteries be negligent or averawed, in these cases, The Assemblie gives to the Persons before named, full power of censuring Complyers and Persons disaffected to the Covenant according to the Acts of Assemblie; Declaring always and Providing, that Ministers shall not bee deposed but in one of the Quarterly meetings of this Commission; With full power to them to treat and determine in the matters aforesaid, and in all other matters referred unto them by this Assemblie, as fully and freely as if the same were here particularly expressed, and with as ample power as any Commission of any former Generall Assemblies hath had, or been in use of before, They being alwayes for their whole proceedings countable to, and censurable by the next Generall Assembly.

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Desires and Overtures from the Commissioners of Universities; and the Assemblies answer thereto.

1.

THE Commissioners of Universities represents to the Assembly: First, That the Overtures of the Assembly 1643, for the visitation of Schools and advancement of Learning are very much neglected.

The Assembly recommends to Synodes to take account of the observation of these Overtures.

2. That it were good to exhort all the Universities, to be carefull to take account of all their Schollers on the Sabbath-day of the Sermons, and of their lessons of the Catechisme.

The Assembly approves this Overture, and recommends accordingly.

3. That all the Universities bee exhorted to send their Commissioners instructed with answers to the Overtures agreed upon by the Commissioners of Universities, and which from this meeting of their Commissioners shall bee communicate to them, and this to bee when their Commissioners come in Februar or March to the Commission of the Kirk.

The Assemblie recommends to Universities to bee carefull hereof.

4. That the Overtures concerning the providing of Bursars for Divinity be recommended to Presbyteries and Synodes, and that they report their diligence to the next Assembly.

The Assembly allowes this Article, and recommends accordingly.

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Edinburgh, 1 September, 1647. Sess. Ult.
The Assemblies Letter to their Countreyman in Poleland, Swedland, Denmarke, and Hungarie.
Unto the Scots Merchants and others our Countrey-People scattered in Poleland, Swedland, Denmarke, and Hungary; The Generall Assembly of the Kirk of Scotland wisheth Grace Mercy and Peace from God our Father, and from the Lord Jesus Christ.

ALTHOUGH this Kirk of Scotland, whiles spoiled of her Liberties under the Prelaticall tyrannie, had much difficultie and wrestling to preserve the true reformed Religion from being quite extinguished among our selves; yet since the mighty and out-stretched arme of the Lord our God hath brought us out of that Egypt, and hath restored to us well constituted and free nationall Synods, It hath been our desire and endeavour to set forward the Kingdom of our Lord Jesus Christ and the purity of his Ordinances, not only throughout this Nation, but in other parts also so far as God gave us a call and opportunity and opened a way unto us. And among other things of this nature we have more particularly taken into our serious thoughts the sad and lamentable condition of many thousands of you our Country-men who are scattered abroad as sheepe having no shepherd, and are through the want of the meanes of knowledge grace and salvation, exposed to the greatest spirituall dangers, whether through ignorance or through manifold tentations to errors and false Religions, or through the occasions and snares of sinne.

We have therefore thought it incumbent to us to put you in minde of the one thing necessary, while you are so carefull and troubled about the things of the world. And although we do not disallow your going abroad to follow any lawfull calling or way of livelyhood, yet seeing it cannot profit a man although he should gain the whole world and lose his own soul, and seeing you have travelled so farre, and taken so much pains to get uncertain riches which cannot deliver in the day of the wrath of the Lord, and which men know not who shall inherit; We doe from our affection to the salvation of your immortall souls most earnestly beseech and warn you to cry after knowledge and lift up your voyce for understanding, seeking her as silver, and searching for her as for hid treasures, and so play the wise Merchants in purchasing the Pearl of price, and in laying up a sure foundation for the time to come, by acquainting your souls with Jesus Christ, and by faith taking hold of him whose free grace is now offered and held out to sinners, excluding none among all the kindreds of the earth who will come unto him. God forbid that you should let slip the time and offers of grace, or neglect any warning of this kinde sent to you in the name of the Lord. We shall hope better things of you, and that knowing the acceptable time and the day of salvation will not alwayes last, but the Lord Jesus is to be revealed from Heaven with his mighty Angels, in flaming fire taking vengeance on them that know not God and obey not the Gospel, you will the rather bestirre your selves timely and with all diligence to seek the Lord while he may bee found, to endeavour that you may have among you the ordinary means of grace and salvation, to pray that God would give you Pastors according to his heart, who shall feede you with knowledge and understanding, to consult also and agree among your selves with consent of your Superiors under whom you live (whose favour and good will we trust will not be wanting to you in so good and necessary a work) for setting up the worship of God and Ecclesiasticall Discipline among you according to the form established and received in this your mother Kirk, and for a way of setled maintenance to Pastors and Teachers; Which if you do, our Commissioners appointed to meet from time to time in the intervall betwixt this and the next Nationall Assembly, will bee ready (upon your desire made known to them) to provide some able and godly Ministers for you, as likewise to communicate to you our Directory for the publike worship of God, and our Form of Ecclesiasticall Governement and Discipline; together with the Confession of Faith and Catechisme.

And in the meane time we exhort you that ye neglect not the worship of God in secret and in your families, and that ye continue stedfast in the Profession of that faith in which yee was baptised, and by a godly, righteous, and sober conversation adorn the Gospel; and with all, that distance of place make you not the lesse sensible of your Countries sufferings, both in respect of the just judgements of God for the sinnes of the land, and in respect of the malice of Enemies for the Common Cause and Covenant of the three Kingdoms, of which happie conjunction, notwithstanding we do not repent us, but by the grace of God shall continue faithful and stedfast therein.

This Letter wee have thought fit to bee Printed and published, that it may be with the greater ease and conveniency conveyed to the many severall places of your habitation or traffique. Consider what we have said, and the Lord give you understanding in all things. The grace of our Lord Jesus Christ be with you all, Amen.

Subscribed in name of the Generall Assembly of
the Kirk of Scotland.
Mr Robert Douglasse, Moderator.
Edinburgh, Augusti 31, 1647.

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Act concerning the Hundred and eleven Propositions therein mentioned.

BEING tender of so great an ingagement by Solemn Covenant, sincerely, really, and constantly to endeavour in our Places and Callings, the preservation of the Reformed Religion in this Kirk of Scotland, in Doctrine, Worship, Discipline, and Government, the Reformation of Religion in the Kingdomes of England, and Ireland, in Doctrine, Worship, Discipline, and Government, according to the Word of God, and the example of the best Reformed Kirks, and to endeavour the nearest Conjunction and Uniformity in all these, together with the extirpation of Heresie, Schisme, and whatsoever shall bee found contrary to sound Doctrine: And considering withall that one of the speciall meanes which it becometh us in our Places and Callings to use in pursuance of these ends, is in zeal for the true Reformed Religion, to give our publike testimony against the dangerous Tenents of Erastianisme, Independencie, and which is falsely called Liberty of Conscience, which are not only contrary to sound Doctrine, but more speciall lets and hinderances as well to the preservation of our own received Doctrine, Worship, Discipline, and Government, as to the Work of Reformation and Uniformity in England and Ireland. The Generall Assembly upon these considerations, having heard publikely read the CXI[358] following Propositions exhibited and tendered by some Brethren, who were appointed to prepare Articles or Propositions for the vindication of the Trueth in these particulars, Doth unanimously approve and agree unto these eight generall Heads of Doctrine therein contained and asserted, viz. 1. That the Ministery of the Word and the Administration of the Sacraments of the New Testament, Baptisme and the Lords Supper, are standing Ordinances instituted by God himself, to continue in the Church to the end of the World. 2. That such as Administer the Word and Sacraments, ought to be duely called and ordained thereunto. 3. That some Ecclesiasticall censures are proper and peculiar to be inflicted onely upon such as bear Office in the Kirk; Other censures are common and may bee inflicted both on Ministers and other Members of the Kirk. 4. That the censure of suspension from the Sacrament of the Lords Supper, inflicted because of grosse ignorance, or because of a scandalous life and conversation; As likewise, the censure of Excommunication or casting out of the Kirk flagitious or contumacious offenders, both the one censure and the other is warrantable by and grounded upon the Word of God, and is necessary (in respect of divine institution) to be in the Kirk. 5. That as the Rights, Power, and Authority of the Civill Magistrate are to bee maintained according to the Word of God, and the Confessions of the Faith of the Reformed Kirks; so it is no lesse true and certaine, that Jesus Christ, the onely Head and onely King of the Kirk, hath instituted and appointed a Kirk Government distinct from the Civill Government or Magistracie. 6. That the Ecclesiasticall Government is committed and intrusted by Christ to the Assemblies of the Kirk, made up of the Ministers of the Word and Ruling Elders. 7. That the lesser and inferiour Ecclesiasticall Assemblies, ought to bee subordinate and subject unto the greater and superiour Assemblies. 8. That notwithstanding hereof, the Civill Magistrate may and ought to suppresse by corporall or Civill punishments, such as by spreading Errour or Heresie, or by fomenting Schisme, greatly dishonour God, dangerously hurt Religion and disturbe the Peace of the Kirk. Which Heads of Doctrine (howsoever opposed by the authors and fomenters of the foresaid errours respectively) the Generall Assembly doth firmely beleeve, own, maintaine, and commend unto others, as Solide, True, Orthodoxe, grounded upon the Word of God, consonant to the judgement both of the ancient and the best Reformed Kirks. And because this Assembly (through the multitude of other necessary and pressing bussinesse) cannot now have so much leisure, as to examine and consider particularly the foresaid CXI. Propositions; therefore, a more particular examination thereof is committed and referred to the Theologicall faculties in the four Universities of this Kingdome, and the judgement of each of these faculties concerning the same, is appointed to bee reported to the next Generall Assembly. In the meane while, these Proposition shall bee Printed, both that Copies thereof may bee sent to Presbyteries, and that it may be free for any that pleaseth to peruse them, and to make known or send their judgement concerning the same to the said next Assembly.

Desires and Overtures presented from Presbyteries and Synods, with the Assemblies answer thereunto.

It is humbly presented to the Assembly, that the children of many of the ordinary beggars want baptisme, Themselves also living in great vilenesse, and therefore desire that some remedie may be provided for these abuses.

The Assembly doth seriously recommend to Presbyteries to consider of the best remedies, and to report their opinions to the next Assembly.

That all Students of Philosophie at their entry and at their Lawreation, bee holden to subscribe the League and Covenant and be urged thereto, and all other Persons as they come to age and discretion before their first receiving the Sacrament of the Lords Supper.

The Assembly approves this Overture.

Whereas divers Ministers want Mansses and Gleebs, and others have their Gleeb so divided in parcells, or lying so farre from their Charge as the Ministers are thereby much prejudged: We desire that this Generall Assembly will recommend it to bee helped by the Parliament, or Committee for planting of Kirks, in the best manner that their Lordships can advise.

Whereas divers Kirks were incommodiously united in corrupt times, we desire that the same be now dismembered and adjoyned to other Kirks, or erected in Kirks by themselves alone, and when the present incumbents agrees thereto, wee desire the same to bee recommended to the Parliament and Committee for plantation of Kirks; Provided alwayes, that the present Ministers who have laboured and indured the heat of day, may enjoy the benefit of such parcells as are taken from them during their life.

The Assembly doth approve these two Articles, and Recommends to the Commissioners for publike Affaires, to assist any interessed in the particulars for prosecuting the same before the Honourable Estates of Parliament, or the Commission appointed by them for plantation of Kirks.

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THE Generall Assembly, Doe yet againe recommend to Presbyteries and Provinciall Assemblies, to consider all matters formerly referred unto them by preceding Assemblies, and desires that their opinions concerning the same, be reported in writ to the next Generall Assembly.

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IT is this day appointed, that the next Generall Assembly shall meet at Edinburgh the second Wednesday of July, 1648.

A. Ker.

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Index of the Acts of this Generall Assemblie
not Printed.

1.—Election of Master Robert Douglasse Moderator, Sess. 1.

2.—Committee for the contraverted Commissions, Sess. 2.

3.—Committee of Reports, References and Appeals. Ib.

4.—Committee of Bills and Overtures. Ib.

5.—Committee for examining the proceedings of the Commission of the preceding Assembly for publike Affaires. Ib.

6.—Committee for examining the Synode Books. Ib.

7.—Commission from the Brethren in Ireland with the Scots Armie there. Ib.

8.—Committee for appointing Ministers to Preach. Ib.

9.—Papers produced by Master Robert Baillie, and M. George Gillespie. Sess. 3.

10.—Act concerning their Report and Approbation. Ib.

11.—Committee for examining the Confession of Faith, Rouse Paraphrase, Catechisme, &c. and to receive any scruples and objections, and to report. Ib.

12.—Act appointing some Brethren to present to the Committee of Estates, the progresse of Uniformity. Ib.

13.—Invitation of all that had objections against any thing in the Confession, to repaire to the Committee. Sess. 4.

14.—A Latine Letter from Helvetian Churches to the Assembly. Ib.

15.—Act for Printing 300 Copies of the advise of the Assemblie of Divines in England, Concerning a Confession of Faith, for the use of the Members of the Assembly. Sess. 5.

16.—Recom. to the Commission for planting of Kirks, for provision to another Minister in Aire. Ib.

17.—Ref. to the Committee for Preaching to appoint Ministers to the Army, with addition of others to that Committee. Ib.

18.—Appointment of Master Robert Young for Lodovick Leslies Regiment. Sess. 6.

19.—Committee for considering the dangers that are either from within or without this Kirk, and the best remedies for preventing the same, and to report. Ib.

20.—Committee concerning John Wilkie and Master Tho. Ramsay. Ib.

21.—Remitt. John Johnstouns desire of relaxation from Excommunication to the Provinciall of Dumfreis. Ib.

22.—Committee for the vaking Stipends in Dunkeld. Ib.

23.—Recom. Marjorie Smith for charity. Ib.

24.—Remitt. Master James Rosse a deposed Minister to Presbyterie and Synode. Sess. 7.

25.—Ref. Master James Nasmith to the Committee for appointing Ministers to the Army. Ib.

26.—Committee for considering a Processe in dependance before the Presbyterie of Peebles, concerning a scandall upon the relict of umquhile Mark Hammiltoun. Ib.

27.—Continuation of the Town of Edinburghs Bill for Master John Smith, till Saturday. Ib.

28.—Advise and Ordinance for prosecuting the Processe against Agnes Stewart, relict of umquhile Mark Hammiltoun. Sess. 8.

29.—Recom. Master George Gleghorne that hee suffer no prejudice in his old age. Ib.

30.—Transportation of M. John Scot from Schottis to Glenluce. Sess. 9.

31.—Act refusing Master Andrew Honymans transportation to Craill. Ib.

32.—Transportation of Master James Hammiltoun from Drumfreis to Edinburgh. Ib.

33.—Act concerning the planting of Eymouth Kirk upon the submission of Earle of Home and Wedderburne. Sess. 10.

34.—Act concerning the tryall of Master William Home. Ib.

35.—Transportation of Master John Smith from Bruntiland to Edinburgh. Ib.

36.—Act for providing a college to Master Thomas Wyllie. Ib.

37.—Recom. Thomas Burnet to the Committee of Estates. Ib.

38.—Recom. M. Martine Mackferson to the Committee of Estates. Ib.

39.—Recom. Master Neill Mackinnan to the Committee of Estates. Ib.

40.—Act concerning the Visitation of Kalzae and Lyne. Sess. 11.

41.—Recom. Master John Houstouns petition to the Commission for planting of Kirks. Ib.

42.—Act for Excommunicating of William Forbes of Skelleter, his committing a late murther being sufficiently evidenced. Ib.

43.—Transportation of Master Walter Comrie to Dunkeld. Ib.

44.—Act for conference with James Urquhart of old Craige, desiring to be relaxed from Excommunication. Ib.

45.—Act appointing Master John Lothian to bee relaxed from the sentence of Suspension. Ib.

46.—Recom. Petition of the Presbyterie of Wigtoun for erecting a Kirk for Penninghame and Monigafe, To the Commission of Parliament for planting of Kirks. Ib.

47.—Committee for the matter betwixt John Wilkie of Foulden, and Master Thomas Ramsay. Ib.

48.—Act appointing the Committee of Bills, to divide the Petitions for charity amongst Presbyteries and Provinces. Sess. 12.

49.—Act appointing the Committee concerning Doctor Strang to meet. Ib.

50.—Act refusing Master John Levingstouns transportation to Glasgow. Ib.

51.—Refer. to the Committee of dangers, to give opinion in the question concerning the carriage of our Commissioners at London in the case propounded. Ib.

52.—Ref. to the Committee of dangers, concerning choosing a Moderator, and censure of absents from the Assembly. Sess. 13.

53.—Ref. James Urquhart of old Craige, concerning his relaxation from Excommunication, to the Provinciall of Murray. Ib.

54.—Committee appointed to confer in some particulars, concerning Ministers provisions with my Lord Advocate. Ib.

55.—Committee concerning the particulars of Master Eleazar Gilberts petition. Ib.

56.—Ref. Gilbert Ogilvie of Craige, Major John Ogilvie, and Patrick Ogilvie of Brigend of Lentrathane, to the Presbyterie of Meegill. Ib.

57.—Instruction with a Letter to the Commissioners at London. Ib.

58.—Appointment of some to speake Earle Bukcleuch, concerning the Kirk of Borthwick. Ib.

59.—Ref. concerning Master Zacharie Boyds labours to the Committee for the Confession of Faith. Ib.

60.—Committee to consider of Ministers for Ireland. Ib.

61.—Act continuing the Declaration for England, to be again read and further considered. Sess. 14.

62.—Committee for hearing the Objections of the Persons appointed for Ireland. Ib.

63.—Recom. to Presbyteries for encouraging Expectants to embrace a calling from Ireland. Ib.

64.—Ref. to the Committee for Preaching, to hear the reasons alledged by some Ministers why they should not go to the Armie. Ib.

65.—Act refusing Master John Robertsons petition for opening his mouth. Ib.

66.—Approbation of the Declaration for England. Sess. 15.

67.—Act for authorizing the Commissioners at London, to present the Declaration to the Parliament of England, City of London, and Synode of Divines, and to crave an answer to the Paper of the 25 of December. Ib.

68.—Act appointing some Brethren to present the Declaration for England to the Committee of Estates, and to crave their Lordships concurrance in the like desires. Ib.

69.—Act continuing the Directions for Private and Family Worship, to bee further Considered and againe read, with an Invitation to all that had any scruples to propone them to the Committee of dangers. Ib.

70.—Act for joyning the Committee for the Confession of Faith to the Committee for the dangers, together to be one Committee, and their place of Meeting to be the old Session house. Ib.

71.—Invitation of all that had any scruples or objections concerning any Article in the Confession, to propone the same to the Committee. Ib.

72.—Report of the Committee touching the particulars in Master Gilberts petition, with an appointment for drawing a Letter to those of the Scottish Nation in Pole-land, &c. Ib.

73.—Appoint. for drawing a Letter to Lieutennant Generall David Lesly. Sess. 16.

74.—Appointment of Ministers for Ireland. Ib.

75.—Letter to Generall Major Munro. Ib.

76.—Continuation of the Directions for Worship, to bee againe read and considered upon Tuesday, and all invited to addresse themselves to the Committee who had doubts or objections. Ib.

77.—Committee for thinking on Overtures for planting the Kirks in the Hielands, and advancing Piety and Learning there. Ib.

78.—Recom. to the Ministers of Edinburgh for their assistance to Ministers before the Commission for planting of Kirks. Ib.

79.—Committee to conferre with the Lord Thesaurer, concerning the Kings gift of the patronage of Lanerk, and to advise with the Committee for the dangers upon the Kirks interest therein. Ib.

80.—Recom. of the petition of the Presbyteries of Deir, Ellon, and Turref, to the Commission for planting of Kirks. Ib.

81.—Recom. M. Neil Mackinnan, and M. Martine Mackferson, to be supported out of the vaking stipends in the Sky. Ib.

82.—Ref. to the Commission for publike affaires for the planting of Drumfreis, with a recommendation to the Thesaurer for a presentation. Ib.

83.—Recom. to the Committee of Estates, concerning the house of Dalgetie. Ib.

84.—Act appointing M. Gabriell Maxwell for the Lieutenant General, Master James Nasmith for Generall Major Holburns Regiment, M. George Pittulo for the Generall of Artilleries Regiment, M. George Bennet for the Troups of Horse with the Generall Lieutenant, and M. John Lothian for the Squadron of Horse with Generall Major Middletoun.

85.—Remit. M. Francis Omey to the Presbyterie and Synode. Sess. 17.

86.—Ordinance for admission of Master John Baillie to the Kirk of Cambuslang. Ib.

87.—Committee to confer with Earle of Eglintoun, concerning his petition touching planting the Kirk of Eglisham. Ib.

88.—Recom. to the Committee of Estates of the petition of Aberdene concerning a Jesuite there. Ib.

89.—Remit Master Matthew Ramsay to the Presbyterie of Hammiltoun for opening his mouth. Ib.

90.—Ref. and Commission concerning the Kirk of Lyndean. Ib.

91.—Committee for revising the Collectors counts, and to report. Ib.

92.—Report of the Brethren sent to the Committee of Estates concerning the house of Dalgety, and the Jesuite in Aberdene. Ib.

93.—Advise to the Presbyterie of Stranrauer concerning their proceeding in the triall of the scandall upon Ardwell. Ib.

94.—Ref. to the Committee of dangers, to think upon some Overtures for commodious planting, dividing, and uniting of Kirks, and to report. Sess. 18.

95.—Recom. of some Persons for charity to Presb. and Provinces. Ib.

96.—Recom. of the petition concerning Glencorse to the Lord Thesaurer, and the Lords of Exchequer. Ib.

97.—Ref. Sir Lauchlen Macklen to the Presbytery of Edinburgh. Ib.

98.—Recom. to the Committee of Estates, of the petition of Master Adam Barclay. Ib.

99.—Recom. of the petition of M. Patrick Lindsay to the Committee of Estates, and to the charitie of the Presbyteries within the Province of Aberdene. Ib.

100.—Recom. to the Presbyterie of Stranrauer and the Lord Advocate, concerning the Kirk of Glenluce. Ib.

101.—Addition of the Lord Marquesse of Argile to the Committee for the dangers. Ib.

102.—Appointment of the Committee concerning Doctor Strang, to make report and to receive any objections that any had against his dictates. Ib.

103.—Warrand for Master Samuel Rutherfurds return. Sess. 19.

104.—A Letter to Generall Lieutenant David Leslie. Ib.

105.—Invitation of all to propone their doubts or objections against any head or Article in the Confession of Faith, to the Committee. Ib.

106.—Recom. to the Commission, for visitation of the Universitie of S. Andrews, for Master Samuel Rutherfurd to bee Principall of the new Colledge there. Ib.

107.—Approbation of the report concerning planting of Eglishame. Sess. 20.

108.—Recom. M. Robert Lindsayes wife, and M. James Kirk to Provinces. Ib.

109.—Appointment of some Brethren to visit the Idolatrous Monuments brought from the late Marques of Huntlies house. Ib.

110.—Act refusing the petition for Master John Annans transportation to Edinburgh. Ib.

111.—Act concerning the dyet of Master James Hammiltoun and Master John Smiths coming to Edinburgh. Ib.

112.—Recom. to the Town of Edinburgh to plant all their Kirks with two Ministers with diligence. Ib.

113.—Queræ proponed by the Commissioners of the Presbyterie of Chirnside, with the Assemblies advise thereanent. Ib.

114.—Recom. of petitions for charity. Ib.

115.—Appoint. of Master John Forbes for Colonell Scots Regiment, and Master Robert Cowdan to Pitscottis. Sess. 21.

116.—Nomination of a list for the Kirk of Gordon. Ib.

117.—Ref. concerning Master David Leith. Ib.

118.—Recom. concerning the contribution for the distressed people in Argyle. Ib.

119.—Approbation of the report of the Committee for the vaking Stipends in Dunkeld. Sess. 22.

120.—Recom. M. Robert Brounlies wife to the Committee of Estates. Ib.

121.—Commission for planting the Kirk of Lithgow. Ib.

122.—Declaration that some votes of the Commission of the preceding Assembly upon the 21 of August 1646, and an Act of the 22 of the same moneth, are not to be examined by the Assembly. Ib.

123.—Committee for the triall of some speaches spoken by some of the Presbyterie of Dunkeld concerning the Commission. Ib.

124.—Ref. concerning Master William Hay. Ib.

125.—Act concerning the committing of the plantation of the Kirk of Glasgow. Ib.

126.—Ref. to the Commission for publike affairs of the Earle of Callenders petition, concerning the adjoyning Falkirk, Slammano, and Morrouingside to the Presbyterie of Sterling, with power to hear parties, visit, and report. Sess. 23.

127.—Conference appointed with the Earle of Abercorne. Ib.

128.—Ref. to the Commission for publike affaires, for planting in Aire a colleague to Master William Adair. Ib.

129.—Report concerning Doctor Strangs dictats. Ib.

130.—Act appointing the Clerk to redeliver Doctor Strangs dictats unto him. Ib.

131.—Refer. concerning Master John Mackenzie. Sess. 24.

132.—Approbation of the Collectors accounts. Ib.

133.—Ref. to the Ministers of Edinburgh, to take course with the Monuments of Idolatrie brought from the North. Ib.

134.—Recom. of the petition for a Minister to Chanrie of Rosse to the Commission for planting of Kirks. Ib.

135.—Recom. Master Alexander Petrie. Ib.

136.—Recom. Master Eleazar Gilbert. Ib.

137.—Recom. Master William Douglas to the Committee of Estates. Ib.

138.—Recom. Master George Sharpe to the Committee of Estates for reparation of his losses. Ib.

139.—Ref. complyers in Murray to the Provinciall. Ib.

140.—Recom. to the Commission for planting of Kirks, concerning provisions to Ministers in the Presbyterie of Kirkcudbright. Sess. 25.

141.—Act appointing conference with Earle Abercorne, untill the last of March. Ib.

142.—Recom. to the Synode of Murray of the petition of Badinoch, concerning Master John Dollar. Ib.

143.—Recom. concerning the Minister of Corrie and Hutton. Ib.

144.—Recom. to the Commission for planting of Kirks, concerning the adjoyning some lands to the Parish of Monswall. Ib.

145.—Act for Printing the Directorie for Church Government, to be examined by Presbyteries against the next Assembly, and for Printing the Catechisme also when it shall be perfected. Ib.

146.—Act concerning the contribution for the distressed people in Argile. Ib.

147.—Recom. to Committee for dangers, to consider of a Letter for the Scots in Poleland, &c. Ib.

148.—Ref. to the Committee appointed for tryall of proceedings of the Commission of Assembly, to consider of the processe of Master John Rosse, and to report. Ib.

149.—Act concerning the tryall of the payment of the contribution for distressed people of Argyle. Ib.

150.—Act concerning James Murray. Sess. 26.

151.—Act for collecting the contribution for the Province of Argile, in these parts that have not yet contributed, and sending it to the receivers. Ib.

152.—Recom. to the Synode of Glasgow, concerning a second Minister to Dumbartan. Ib.

153.—Recom. to the Lords of Privie Counsell for punishing an injurie done to a Presbytery about burying in a Kirk. Ib.

154.—Act appointing a conference with some Divines, Lawyers, and Physitians, concerning witchcraft and charming. Ib.

155.—Report of the tryall of the Synods Books with the Assemblies censure. Ib.

156.—Appointment of some to salute the Lieutenant General now in Town, and Generall Major Middletoun when he comes. Sess. 27.

157.—Ref. to the Commission for publike affaires to endeavour for obtaining from the Parliament, some restraint of burialls in Kirks. Ib.

158.—Commission for visitation of Lochaber, Badinoch, and the Isles. Ib.

159.—Recom. to the Commission of Parliament for planting of Kirks, for providing some course for the payment of the charges of Commissioners to the Generall Assembly. Ib.

160.—Ref. to the Commission for publike affairs, for Printing of some Papers concerning the Treaty of Uniformity, and matters handled in the Synode of Divines in England. Ib.

161.—Ref. and warrand to the Commission for publike affaires, to give licence for Printing. Ib.

162.—Recom. to the Lords of Exchequer, concerning the passing of gifts of the Prebendaries. Ib.

163.—Report from Robert Brysones relict, concerning the Printing of Trochrigs Works. Ib.

164.—Warrand given to the Moderator and Clerk, and some others, to agree with Evan Tyler for Printing the Works of Trochrig upon the condition promised to Robert Bryson. Ib.

165.—Ref. John Wilkie of Foulden and Master Thomas Ramsay to the Commission for publike affaires. Ib.

166.—Act concerning the choosing of the Moderator of the Generall Assemblie. Ib.

167.—Act for changing every Assembly the rolls of the Commissioners by courses, according to the order of Provinces. Ib.

168.—Commission for visiting the University of S. Andrews. Ib.

169.—Commission for visiting the University of Aberdene. Ib.

170.—Commission for visiting Orkney and Zetland. Ib.

171.—Appointment of some Brethren to speake to the Lord Thesaurer, concerning passing of gifts of Patronages. Ib.

172.—Ref. Master John Rosse at Lunfannan. Sess. 28.

173.—Approbation of the report concerning planting of Kirks in the Hielands. Ib.

174.—Ref. John Gillon to the Presbytery of Edinburgh for private tryall. Ib.

175.—Renovation of the Commission for publike affairs. Ib.

176.—Warrand for Master James Gordon to come to Sterling-shire, for drawing the mappe thereof. Sess. Ult.

177.—Ref. of Gorthie Inchbrakie and Lindsay of Maines, their petitions for relaxation from the sentence of Excommunication, to the Commission for publike affaires. Ib.

178.—Recom. in favours of Sir William Dick. Ib.

179.—Ref. Master James Row. Ib.

180.—Ref. to the Commission for publike affaires, concerning the Scots in Poleland, &c. Ib.

181.—Ref. for planting the Kirk and Colledge of Aberdene to the Commission for publike affaires. Ib.

182.—Ref. concerning Masters William Douglas, John Logie, George Hanna, Richard Maitland, and Coline Mackenzie. Ib.

183.—Ref. and Commission concerning the tryall of Masters Murdo Mackenzie, John Duncane, and William Cowper. Ib.

184.—Recom. Master William Chalmber to the Committee of Estates. Ib.

185.—Ref. James Grahame of Claypots to the Presbyterie of Dundie. Ib.

186.—Recom. of some persons for charitie. Ib.

187.—Ref. for planting the Kirk of Bruntiland to the Commission for publike affaires. Ib.

188.—Ref. concerning the planting of the Kirk of Prestoun to the Commission for publike affaires. Ib.

189.—Ref. for planting the vaking Kirk in Glasgow to the Commission for publike affaires. Ib.

190.—Ref. the Lord Ray his Son and some of his friends, to the Commission for publike affaires. Ib.

191.—Ref. Master Gilbert Gordon, to the Commission for publike affaires. Ib.

192.—Recom. for Master George Hannayes wife and children. Ib.

193.—Act for presenting the Confession of Faith to the Parliament. Ib.

194.—Act concerning the Translaters of the Dutch Notes. Ib.

195.—Recom. and Ref. concerning the collecting of the Passages and Occurrances of these late times, to the Commission for publike affaires. Ib.

196.—Ref. for planting the Kirk of Ancrum, to the Commission for publike affaires. Ib.

197.—Renovation of the Commission for visitation of the University of Glasgow. Ib.

198.—Ref. Master John Rosse at Birse, to the Synode of Aberdene. Ib.

199.—Ref. of Master Thomas Ramsay younger, his petition to the Commission for publike affaires. Ib.

200.—Indiction of a Thanksgiving and of a Fast. Ib.

FINIS.

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Miscellaneous Historical Documents,
RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1647.

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1. Excerpts from Principal Baillie’s Account of the Westminster Assembly, continued from p. 460.

To Mr William Spang. Edinburgh, Jan. 1647.

Dear Cousin,—I wrote to you at length before I came from London. I have had a long and tedious, but, thanks to God, prosperous journey. I am now here well. I have made my report in the commission of the church to all their contentment; our errand in England being brought near a happy period, so far as concerned us the commissioners of the church; for, by God’s blessing, the four points of uniformity, which was all our church gave us in commission to agent in the assembly at Westminster, were as good as obtained. The Directory I brought down before. The model of government we have gotten it through the assembly according to our mind: it yet sticks in the hands of the Houses. They have passed four ordinances at least about it, all pretty right, so far as concerns the constitution and erection of general assemblies, provincial synods, presbyteries, and sessions, and the power of ordination. In the province of London and Lancashire the bodies are set up. That the like diligence is not used long ago in all other places, it is the sottish negligence of the ministers and gentry in the shires more than the parliament’s. That the power of jurisdiction in all things we require, excepting appeals from the general assembly to the parliament, is not put in ordinances long ago, it is by the coming of the Independents and Erastians in the House of Commons; which obstacle we trust will now be removed by the zeal of the city of London; so much the more, as our nation are taken away sooner and more easily than any did expect. All grounds of jealousy of our joining with the King, the greatest prop of the sectaries power in the House. However, in the jus divinum of Presbytery, printed by the ministry of London, you may see that burden taken off our shoulders; the body of the ministry of England, not the assembly and Londoners only, being fully leavened with our sense in all the point of government, and become willing, and able abundantly, to manage that cause, without us, against all opposites. The third point, the Confession of Faith, I brought it with me, now in print, as it was offered to the Houses by the assembly, without considerable dissent of any. It is much cried up by all, even many of our greatest opposites, as the best Confession yet extant. It is expected the Houses shall pass it, as they did the Directory, without much debate. Howbeit the retarding party has put the assembly to add scriptures to it, which they omitted only to eschew the offence of the House, whose practice hitherto has been, to enact nothing of religion on divine right or scriptural grounds, but upon their own authority alone. This innovation of our opposites may well cost the assembly some time, who cannot do the most easy things with any expedition; but it will be for the advantage and strength of the work. The fourth part of our desired and covenanted uniformity is the Catechism. A committee has drawn and reported the whole.

The assembly ere I came away had voted more than the half. A short time will end the rest; for they study brevity, and have voted to have no other head of divinity into it than is set down in the Confession. This ended, we have no more ado in the assembly, neither know we any more work the assembly has in hand, but an answer to the nine queries of the House of Commons about the jus divinum of divers parts of the government. The ministers of London’s late jus divinum of Presbytery does this abundantly. Also a committee of the assembly has a full answer to all these queries ready. The authors repent much of that motion. Their aim was, to have confounded and divided the assembly by their insnaring questions; but finding the assembly’s unanimity in them, the Independents principles forcing them to join with the rest, in asserting the divine right of these points of government, whereupon the parliament does most stick, the movers of these questions wishes they had been silent. There is no more work before the assembly. The translation of the psalms is passed long ago in the assembly; yet it sticks in the Houses. The Commons passed their order long ago; but the Lords joined not, being solicited by divers of the assembly, and of the ministers of London, who love better the more poetical paraphrase of their colleague Mr Burton. The too great accuracy of some in the assembly, sticking too hard to the original text, made the last edition more concise and obscure than the former. With this the commission of our church was not so well pleased; but we have got all those obscurities helped; so I think it shall pass. Our good friend Mr Zachary Boyd has put himself to a great deal of pains and charges to make a psalter, but I ever warned him his hopes were groundless to get it received in our churches; yet the flatteries of his unadvised neighbours makes him insist in his fruitless design.

When I took my leave of the assembly, I spoke a little to them. The prolocutor, in name of the assembly, gave me an honourable testimony, and many thanks for my labours. I had been ever silent in all their debates; and however this silence sometimes weighted my mind, yet I found it the best and wisest course. No man there is desired to speak. Four parts of five do not speak at all; and among these are many most able men, and known by their writs and sermons to be much abler than sundry of the speakers; and of these few that use to speak, sundry are so tedious, and thrusts themselves in with such misregard of others, that it were better for them to be silent. Also there are some eight or nine so able, and ready at all times, that hardly a man can say any thing, but what others, without his labour, are sure to say as well or better. Finding, therefore, that silence was a matter of no reproach, and of great ease, and brought no hurt to the work, I was content to use it, as Mr Henderson also did.

****

It is very like, if he had done any duty, though he had never taken the covenant, but permitted it to have been put in an act of parliament in both kingdoms, and given so satisfactory an answer to the rest of the propositions, as easily he might, and sometimes I know he was willing, certainly Scotland had been for him as one man; and the body of England, upon many grounds, was upon a disposition to have so cordially embraced him, that no man, for his life, durst have muttered against his present restitution. But remaining what he was in all his maxims, a full Canterburian, both in matters of religion and state, he still inclined to a new war; and for that end resolved to go to Scotland. Some great men there pressed the equity of Scotland’s protecting of him on any terms. This untimeous excess of friendship has ruined that unhappy prince; for the better party, finding the conclusion of the King’s coming to Scotland, and thereby their own present ruin, and ruin of the whole cause, the making the malignants masters of church and state, the drawing the whole force of England upon Scotland for their perjurious violation of their covenant, they resolved by all means to cross that design.

So when others proposed to the parliament the assistance of the King to recover his government in England, notwithstanding any answer he might give to the propositions, the better sort, before they should give answer to so high a question, desired a publick fast in the parliament, and the advice also of the commission of the church. Both with some difficulty were obtained. But after that fast, and the distinct answer of the church, that it was unlawful for Scotland to assist the King for his recovery of the government in England, if he approved not the covenant, the parliament was peremptor to refuse the King free access to Scotland, unless he satisfied the propositions. This much they signified to him by their commissioners, which we met at Newcastle. It was easy to be grieved, and to find what to reprehend in this resolution; for indeed it was clothed with many dangers and grievances; but to fall at that nick of time on any conclusion, free of more dangers and grievances, seemed impossible.

****

July 13, 1647.—These matters of England are so extremely desperate, that now twice they have made me sick. Except God arise, all is gone there. The imprudence and cowardice of the better part of the city and parliament, which was triple or sextuple the greater, has permitted a company of silly rascals, who call themselves yet no more than 14,000, horse and foot, to make themselves masters of the King, parliament, and city, and by them of all England: so that now that disgraced parliament is but a committee to act all at their pleasure, and the city is ready to fright the parliament at every first or second boast from the army. No human hope remains but in the King’s unparallelled wilfulness, and the army’s unmeasurable pride. As yet they are not agreed, and some write they are not like to agree: for in our particular I expect certainly they will agree well enough, at what distance soever their affections and principles stand. Always if the finger of God in their spirits should so far dement them as to disagree, I would think there were yet some life in the play; for I know the body of England are overweary long ago of the parliament, and ever hated the sectaries, but much more now for this their unexpected treachery and oppression. On the other part, the King is much pitied and desired; so if they give him not contentment, he will overthrow them. If he and they agree, our hands are bound: we will be able, in our present posture, and humour of our highly distracted people, to do nothing. And whom shall we go to help, when none calls? but the King, parliament, and city, as their masters command, are ready to declare against us if we should offer to arm. But if the King would call, I doubt not of rising of the best army ever we had, for the crushing of these serpents, enemies to God and man.

****
To a friend in Kilwinning. Edinburgh, August 20, Friday night.

The city’s declaration and diurnal declare in what a brave posture both the city and parliament once were in. The other papers shew how soon all was overturned. The army marched through the whole city by way of triumph; but staid not in it, did no violence to any; only three or four regiments keep the forts about Westminster, and guard the parliament still. For all that, the House of Commons vote sundry things contrary to the mind of the army. How long that courage will remain, I cannot say. It is thought that people, when they have felt a little the burden of the army, will break that yoke by one mean or other. The army’s mind, much of it, may be seen in their propositions, a paper which I purposed to send, but now it is fallen by. By it they are clear enough for a full liberty of conscience, a destroying of our covenant, a setting up of bishops, of inthralling the King, so far, as in my judgement, he and they will not agree, albeit many think they are agreed already. If this were, our case were very hard. Never more appearance of a great discord, both in our church and state, some few days ago; but, blessed be God, the appearances are now much changed. Never assembly more harmonious than this yet has been. Our declaration to England, a very good piece, is passed without a contrary voice. An act against vaigers [strollers] from their own ministers, and a large direction for private worship, drawn by Mr Robert Blair for the correcting all the faults in worship, which offended many here, is past the committee, without a contrary voice; and, I think, shall pass the assembly also, no less unanimously; which demonstrates the truth of what I said in my assembly-speech, “That for all the noise some made, yet truly there was no division as yet in our church.”

Yesterday, and this night, our state, after much irreconcileable difference, as appeared, are at last unanimously agreed to send the Chancellor and Lanerk to the King and parliament of England, to comfort and encourage both to keep our covenant, and not to agree to the propositions of the army. No appearance, as yet, of any stirring in haste in this kingdom.

To Mr Spang. Edinburgh, September 1, 1647.

—— London has lien like a millstone on my breast now of a long time. The first week we came to this town, my heart was a little relieved. I thought God had answered our prayers much sooner than I expected, and had put London in so good a posture for averting all our fears as I could have wished; but that joy lasted not full eight days. Stapleton and Hollis, and some others of the eleven members, had been the main persuaders of us to remove out of England, and leave the King to them, upon assurance, which was most likely, that this was the only means to get that evil army disbanded, the King and peace settled according to our minds: but their bent execution of this real intention has undone them, and all, till God provide a remedy. We were glad when Leslie was recalled from his Lieutenancy of Ireland, a creature of Cromwell’s, who got that great trust for no virtue at all but his serviceableness to that faction. This was the first sensible grievance to that army. The second was the employing of Skippon and Massie, in the Irish command, and giving to Fairfax such a command in England as made him not very formidable. But when the third stroke came, of disbanding the most of the sectaries, and cashiering of their officers, this put them on that high and bold design, which as yet they follow, as, I think, not so much on great preconception, as drawn on by the course of affairs, and light heads of their leaders. Vane and Cromwell, as I take it, are of nimble hot fancies for to put all in confusion, but not of any deep reach. St John and Pierpont are more stayed, but not great heads. Sey and his son, not _____, albeit wiser, yet of so dull, sour, and fearful a temperament, that no great atchievement, in reason, could be expected from them. The rest, either in the army or parliament, of their party, are not on their mysteries, and of no great parts either for counsel or action, so far as I could ever observe. The folly of our friends was apparent, when at the army’s first back-march, and refusal to disband, they recalled their declaration against their mutinous petitions. Easily might all their designs have been crushed at that nick of time, with one stout look more; but it was a dementation to sit still amazed at the taking of the King, the accusation of the eleven members, the army’s approaching to the city. Here, had the city agreed, and our friends in parliament shewed any resolution, their opposites counsel might even then have been easily overturned; for all this while, the army was not much above 10,000 ill-armed soldiers. But the irrecoverable loss of all, was the ill-managing of the city’s brave engagement. Had they then made fast the chief of the sectarian party in both Houses, and stopt their flight to the army; had Massey and Waller, with any kind of masculine activity, made use of that new trust committed to them; Mr Marshal, and his seventeen servants of the synod, for all Foulks and Gib’s subornation, should never have been bold to offer that destructive petition to the Houses and common council, which, without any capitulation, put presently in the army’s power, the parliament, city, and all England, without the least contradiction. An example rarely parallelled, if not of treachery, yet at least of childish improvidence and base cowardice. Since that time they have been absolute masters of all. Which way they will use this unexpected sovereignty, it will quickly appear. As yet they are settling themselves in their new saddle. Before they got up, they gave the King and his party fair words; but now, when all is their own, they may put him in a harder condition than yet he has tasted of. Their proposals, a part of their mind, give to the King much of his desire in bringing back bishops and books, in putting down our covenant and presbytery, in giving ease to malignants and Papists; but spoil him of his temporal power so much, as many think, he will never acquiesce to; albeit it is spoken loud, that he and they are fully agreed.

Our state here, after long expectation to have heard something of the King’s own mind and desires, as yet have heard nothing from him to account of. Although he should employ their help against his oppressors, yet he being still altogether unwilling to give us any satisfaction in the matter of our covenant, we are uncertain what course to take; only we do resent to our commissioners to oppose the proposals, and to require a safe-conduct to the Chancellor and Lanerk to come up to the King and parliament. It cost many debates before it came to this conclusion. Our great men are not like to pack up their differences. Duke Hamilton and his friends would have been thought men composed of peace on any terms, and to have cast on other designs of embroiling Scotland in a new war. But when all were weary of jangling debates, the conclusion whereto the committee was brought, was so far to espouse the King’s quarrel on any terms, that Argyle and Wariston behoved to protest against our engagement on any such terms. To avoid invidious protestations, both parties agreed to pass an act of not engagement. The proceedings of some are not only double and triple, but so manifold, that as no other, so, in my mind, themselves know not what they finally intend. They who made themselves gracious and strong, by making the world believe that it was their opposites who had brought the country in all the former trouble, and would yet again bring it into a new dangerous war, when it came to the point, were found to precipitate us into dangers, and that in such terms as few with comfort could have undertaken. We have it from divers good hands at London, that some here kept correspondence with Sir Thomas Fairfax, which to me is an intolerable abomination. The present sense of many is this: if the King and the army agree, we must be quiet and look to God: if they agree not, and the King be willing to ratify our covenant, we are all as one man to restore him to all his rights, or die by the way: if he continue resolute to reject our covenant, and only to give us some parts of the matter of it, many here will be for him, even in these terms; but divers of the best and wisest are irresolute, and wait till God give more light.

David Leslie, with a great deal of fidelity, activity, and success, has quieted all our highlands and isles, and brought back our little army; which, we think, shall be quartered here and there, without disbanding, till we see more of the English affairs. The pestilence, for the time, vexes us. In great mercy Edinburgh and Leith, and all about, which lately were afflicted with more of this evil than ever was heard of in Scotland, are free. Some few infections now and then, but they spread not. Aberdeen, Brechin, and other parts of the north, are miserably wasted. St Andrew’s and Glasgow, without great mortality, are so threatened, that the schools and colleges now in all Scotland, except Edinburgh, are scattered.

While I had written thus far, by the packet this day from London I learn, that the army daily goes higher and higher, which to me is a hopeful presage of their quicker ruin. The chief six of the eleven members were coming to you, Stapleton, Esler, Hollis; the second gentleman, for all gallantry in all England, died at Calais. I think it will be hard to the parliament and city to bear these men long; and I hope, if all men were dead, God will arise against them. Munster is not like to be a school to them long. Cromwell and Vane are like to run on to the end of Becold and Knipperdolling’s race. Northumberland has feasted the King at Swahouse; hence he went to Hampton-court. They speak of his coming to Whitehall. If he agree no better with the sectaries than yet he does, that journey may prove fatal. He is not likely to come out of London willingly; and if the army should draw him, that violence may waken sleeping hounds. If they let him come to London, without assurance of his accord with them, they are more bold and venturous than wise; and if the King agree to their state-designs, I think he is not so consonant to all his former principles and practice as I took him.

I know you expect some account of our assembly. Take it, if you have patience to read what I have scribbled in haste, on a very ill sheet of paper. I have no leisure to double; for our commissioners enter every day at seven, and we are about publick business daily till late at night. At our first meeting, there was clear appearance of formed parties for division; but God has turned it so about, that never assembly was more harmonious and peaceable to the very end. The last year, a minister in the Merse, one Mr James Simson, whose grandsire was, as I take it, an uncle or brother to famous Mr Patrick of Stirling, a forward, pious, young man, being in suit of a religious damsel, sister to Mr James Guthrie’s wife, had kept with Mr James Guthrie, and others, some private meetings and exercises, which gave great offence to many. When they came before the last general assembly and commission of the kirk, Mr David Calderwood and sundry other very honest men, opposite to malignants, were much grieved, and by that grief moved to join with Mr William Colvil, Mr Andrew Fairfoul, and such whom some took to be more favourable to malignants than need were. These two joined together, made a great party, especially when our statesmen made use of them to bear down those who had swayed our former assemblies. The contest was at the chusing of the moderator. The forementioned party were earnest for Mr William Colvil. Many were for me; but I was utterly unwilling for any such unfit charge, and resolved to absent myself from the first meeting, if by no other means I could be shifted the leet. At last, with very much ado, I got myself off, and Mr Robert Douglas on the leets; who carried it from Mr William Colvil only by four voices. God’s blessing on this man’s great wisdom and moderation has carried all our affairs right to the end; but Mr David Calderwood having missed his purpose, has pressed so a new way of leeting the moderator for time to come, that puts in the hand of base men to get one whom they please, to our great danger. We spent a number of days on silly particulars. Mr Gillespie came home at our first downsitting. He and I made our report to the great satisfaction of all. You have here what I spoke. Mr Calderwood was much offended with what I had spoken in the end; but my apology in private satisfied him. He, and others of his acquaintance, came with resolution to make great din about privy meetings and novations, being persuaded, and willing to persuade others, that our church was already much pestered with schism. My mind was clean contrary: and now, when we have tried all to the bottom, they are found to be much more mistaken than I; for they have obtained, with the hearty consent of these men whom they counted greatest patrons of schism, all the acts they pleased against that evil, wherein the wisdom and authority of Mr Blair has been exceeding serviceable. This yielding on our side, to their desires, drew from them a quiet consent to these things we intended, from which at first they seemed much averse. We agreed, nemine contradicente, to that declaration, which was committed to Mr Gillespie and me, but was drawn by him alone; also, after much debate in the committee, to the Confession of Faith; and to the printing of the Directory for government, for the examination of the next general assembly; of the Catechism also, when the little that remains shall come down; likewise for printing to that same end two or three sheets of Thesis against Erastianism, committed to Mr Gillespie and me, but done by him at London at Voetius’s motion; which we mind, when approven here, to send to him; who is hopeful to get the consent of your universities and of the general assembly of France to them, which may serve for good purpose. We have put the new Psalter also in a good way.—— We have this day very happily ended our assembly with good concord; albeit Mr David Calderwood, serving his own very unruly humour, did oft very much provoke. He has been so intolerable through our forbearance, that it is like he shall never have so much respect among us. His importunity forced us, not only to a new ridiculous way of chusing the moderator, but on a conceit he has, that a minister deposed should not again be reposed almost in no case, he has troubled us exceedingly about the power of the commission of the kirk to depose a minister in any case; yet we carried it over him. We have obtained leave to print all our English papers, Catechism, Confession, Propositions, and Directory for government and ordination, our debates for accommodation against toleration, our papers to the grand committee, the propositions for government, albeit passed both in our assembly and parliament 1643. Mr David opposed vehemently the printing, and his grand followers, Mr John Smith and Mr William Colvil with him, because they held forth a session of a particular congregation to have a ground in scripture, which he, contrary to his Altar of Damascus, believes to have no divine right, but to be only a commission, with a delegated power from the presbytery, tolerated in our church for a time. With great difficulty could we get the printing of that paper passed for his importunity; but at last we got all.

An express from London this day tells us, that the army’s parliament press the concurrence of our commissioners to send to Hampton-court the propositions to the King. This seems to import the King’s refusal of the proposals, and disagreeing yet with the army. And what they will do with the King, if he refuse the propositions also, we know not; only their last remonstrance shews their resolution to cast out of the parliament many more members, and to take the lives of some for example. The spirit that leads them, and the mercy of God to that oppressed people, will not permit these tyrannous hypocrites to rest, till, by their own hands, they have pulled down their Babel.

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October 13, 1647.—— We gave in this day to the states a remonstrance of the hazard of religion and covenant, if our army should disband. We hope that plot, long hatched, and with too great eagerness driven on, shall this day or to-morrow be broken. Our dangers of farther confusion are great, if God be not merciful. The persecution at London is very intolerable. I am very confident that party, so much opposite to God and man, cannot long stand. Ere long, at my leisure, I may give you a particular account of all our affairs.

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1646.—August 1.
2. His Majesty’s Answer to the Propositions.[359]

Charles Rex,

The Propositions tender’d to his Majesty by the Commissioners from the Lords and Commons assembled in the Parliament of England at Westminster, and the Commissioners of the Parliament of Scotland, (to which the Houses of Parliament have taken twice so many Months for deliberation, as they have assigned Days for his Majesty’s Answer) do import so great Alterations in Government both in the Church and Kingdom, as it is very difficult to return a particular and positive Answer, before a full debate, wherein these Propositions, and the necessary Explanation, true Sense and Reasons thereof, be rightly weighed and understood; and that his Majesty upon a full view of the whole Propositions, may know what is best, as well as what is taken away and changed. In all which he finds (upon discourse with the said Commissioners) that they are so bound up from any capacity either to give Reasons for the Demands they bring, or to give ear to such Desires as his Majesty is to propound, as it is impossible for him to give such a present Judgment of, and Answer to these Propositions, whereby he can answer to God that a safe and well-grounded Peace will ensue (which is evident to all the World can never be, unless the just Power of the Crown, as well as the Freedom and Propriety of the Subject, with the just Liberty and Privileges of the Parliament, be likewise setled:) To which end his Majesty desires and proposeth to come to London, or any of his Houses thereabouts, upon the Publick Faith and Security of the Two Houses of Parliament, and the Scotch Commissioners, That he shall be there with Freedom, Honour, and Safety; where by his Personal Presence he may not only raise a mutual Confidence betwixt him and his People, but also have these Doubts cleared, and these Difficulties explained unto him, which he now conceives to be destructive to his just Regal Power, if he shall give a full Consent to these Propositions, as they now stand.

As likewise, that he may make known to them such his reasonable Demands, as he is most assured will be very much conducible to that Peace which all good men desire and pray for, by the setling of Religion, the just Privileges of Parliament, with the Freedom and Propriety of the Subject: And his Majesty assures them, That as he can never condescend unto what is absolutely destructive to that just Power which by the Laws of God and the Land he is born unto; so he will chearfully grant and give his Assent unto all such Bills, at the desire of his Two Houses, or reasonable demands for Scotland, which shall be really for the Good and Peace of his People, not having regard to his own particular (much less of any body’s else) in respect of the Happiness of these Kingdoms. Wherefore his Majesty conjures them as Christians, as Subjects, and as Men who desire to leave a good Name behind them, that they will so receive and make use of this Answer, that all Issues of Blood may be stopped, and these unhappy Distractions peaceably setled.

Newcastle, Aug. 1, 1646.
To the Speaker of the House of Peers
pro Tempore, to be communicated.

Postscript.—Upon Assurance of a happy Agreement, his Majesty will immediately send for the Prince his Son, absolutely expecting his perfect Obedience to return into this Kingdom.

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1646.—September.
3. His Majesty’s Answer to the Scots Commissioners at Newcastle.[360]

My Lords,

I shall begin, by answering what you have now said: For I assure you I had not thus long delay’d my Answer, but to weigh fully those Reasons and Arguments which you have laid before me, whereby to use the uttermost of my Endeavours to give you all possible Satisfaction; for you having told me nothing but what I have heard before, the Change of Answer could hardly be expected. And now I do earnestly desire you to consider what it is that I desire, which is, To be heard; which if a King should refuse to any of his Subjects, he would for that be thought a Tyrant. For this, if I had but slight Reasons, it were the less to be regarded; but they are such, upon which such a Peace as we all desire, doth depend: For albeit it is possible, that if I should grant all you desire, a Peace might be slubber’d up, yet it is impossible that it should be durable, unless there be right understanding betwixt Me and my People; which cannot be without granting what I desire.

Yet I desire to be rightly understood; for tho’ many like to Æsop’s Fable will call Ears Horns, yet let men say what they will, I am far from giving you a Negative, nay, I protest against it, my only desire being to be heard; For I am confident that upon Debate I shall so satisfy them in some things, as likewise I believe they may satisfy me in many things, that we shall come to a most happy Agreement. This I believe is not much needful to satisfy your Judgments; for I am not ignorant how really your Commissioners at London have endeavoured a Satisfactory Answer to my Message, as likewise what good Instructions have been sent them out of Scotland; so that the Force of Power more than the Force of Reason, hath made you so instant with me as you have been; with which I am so far from finding fault, that what you have done, I take well, knowing that it proceeds out of the abundance of your Zeal to my Service: Therefore as you see I do not mistake you; so I am careful not to be mistaken by you; wherefore again I desire you to take notice, that I do not give a Denial, my desire being only to be heard; as likewise that you will take things as they are, since neither you nor I can have them as we would; wherefore let us make the best of every thing, and now as you have fully performed your Duty to me, so I cannot doubt but you will continue to press those at London to hear Reason: And certainly you can expect little fair dealing from those who shall reject so much Reason, and of that sort, which you have, and I hope will offer them. Not to stay too long upon so unpleasing a Subject, I assure you, that nothing but the Preservation of That which is dearer to me than my Life, could have hinder’d me from giving you full Satisfaction: For upon my word, all the Dangers and Inconveniences which you have laid before me, do not so much trouble me, as that I should not give full Satisfaction to the Desires of my Native Country, especially being so earnestly press’d upon me: And yet here again I must tell you (for in this case Repetitions are not impertinent) that I do not give you a Denial, nay I protest against it; and remember, it is your King that desires to be heard.

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1646.—September.
4. Another paper sent by the King to the Scots Commissioners at Newcastle.[361]

My Lords,

’Tis a very great Grief to me, that what I spoke to you yesterday, and offer’d to you in writing, concerning Religion, hath given so little Satisfaction: Yet lest the Reasons I then told you, should not be so fully understood, I think it necessary at this time to set them down to you in this Paper: I then told you, that whatsoever was my particular Opinion, I did no ways intend to persuade you to do any thing against your Covenant; wherefore I desire you to consider, whether it be not a great step to your Reformation (which I take to be the chief End of your Covenant) that Presbyterial Government be legally setled. It is true, that I desire that my own Conscience, and those that are of the same Opinion with me, might be preserved, which I confess doth not as yet totally take away Episcopal Government; but then consider withal, that this will take away all the Superstitious Sects and Heresies of the Papists and Independents; to which ye are no less obliged by your Covenant, than the taking away of Episcopacy: And this that I demand is most likely to be but Temporary; for if it be so clear as you believe, that Episcopacy is unlawful, I doubt not but God will so enlighten mine Eyes, that I shall soon perceive it; and then I promise you to concur with you fully in matters of Religion: But I am sure you cannot imagine that there is any hope of converting or silencing the Independent Party, which undoubtedly will get a Toleration in Religion from the Parliament of England, unless you join with me, and in that way I have set down for the Re-establishing my Crown, or at least that you do not press me to do this (which is yet against my Conscience) until I may do it without sinning: Which as I am confident none of you will persuade me to do, so I hope you have so much Charity, not to put things to such a desperate Issue, as to hazard the loss of us all, because for the present you cannot have full Satisfaction from me in point of Religion: Not considering, that besides the rest of the Mischiefs which may happen, it will infallibly set up the innumerable Sects of the Independents; nothing being more against your Covenant, than permitting of those Schisms to increase. As for the Message which I think fit at this time to send, I have chosen rather to mention the Point of Religion in a general than particular way, lest (not knowing all these Reasons which I set down to you, which are most unfit for a Message) it may give less Satisfaction than I desire: Nevertheless I do conjure you, by that Love and Loyalty you have always professed unto me, That you make use of what I offered yesterday in writing, with these Reasons which I have now set down to you, and those further Hopes I have now given you, for the best advantages of my Service; with this particular Explanation, That whereas I mentioned that the Church-Government should be left to my Conscience, and those of my Opinion, I shall be content to restrict it to some few Diocesses, as Oxford, Winchester, Bristol, Bath and Wells, and Exeter; leaving all the rest of England fully to the Presbyterian Government, with the strictest Clauses you shall think upon, against Papists and Independents.

Postscript.—I require you to give a particular and full Account hereof to the General Assembly in Scotland, shewing them that I shall punctually make good my last Letter to them, and that this is a very great step to the Reformation desired, not only by the present putting down all Sects and Independents, but likewise presently establishing Presbyterian Government; hoping that they, as Ministers of God’s Word, will not press upon me untimously the matter of Church-Government and Discipline, until I may have leisure to be so persuaded, that I may comply with what they desire, without Breach of Conscience, which I am confident they as Churchmen cannot press me to do.

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1646.—December 17.
5. A Solemn and Seasonable Warning, to all Estates and Degrees of Persons throughout the Land; By the Commissioners of the General Assembly.[362]

The Conscience of our duty, and of the great trust reposed in us, suffereth us not to be silent, nor to connive at the present dangers which may justly be apprehended and expected from the Enemies of this Cause and Covenant; Who although they cannot in this conjuncture of time appear in the same manner as formerly they have done; yet having retained the same principles (while they seem to lay aside their former practices) do in a more covert and dangerous way still drive at their own ends; And as Sathan is neither sleeping nor idle, though he appear not always as a roaring Lion; So these who are inspired and acted by him, have their wheels still moving, though sometimes they make no great noise. Wherefore that we may truly and faithfully contribute what is incumbent to us, for preventing or removing any occasions of new troubles or differences between the King and his People, in both, or either of those United Kingdoms, or between the Kingdoms themselves; And least the Church of Christ, and the true Reformed Religion be again tossed with another, and perhaps a greater Tempest in the depth, after we seemed to be near the Harbour; We have found it, not only competent to our Place and Calling, but necessary for us (according to former laudable Presidents both old and late) To emit this new Seasonable Warning to the People of God in this Land, and to all Estates and Degrees of men therein; Whom we exhort, That first, and above all things, they apply their thoughts to make peace with God, to take notice of the remaining and renewed tokens of divine displeasure against the Land, To tremble at the remembrance of former, and appearances of future judgments, To lament after the Lord, To lye low before the Throne of Grace, To cry mightily to Heaven for dispelling that cloud of sin which separateth between our God and us, and for turning away that cloud of wrath which hangeth over our heads. There is cause to be humbled and to repent, as for all our iniquities, So for the too little assistance which hath been given to such as have born the heaviest burthen, and suffered most in this cause; And for the too much compliance with, and indulgence to many who have been active in the late execrable Rebellion. We know that none can reach the perfection of their duty, neither will the Lord reckon with his People according to his Justice, but spare them who walk in the integrity of their Spirits, as a man spareth his own Son, so that they may rejoyce in his mercy, notwithstanding of their short-comings, wherein they do not allow themselves; But wilful neglects are just grounds of a great controversie on the Lord’s part, and of deep humiliation on ours: And we conceive that the failings of many are such, because the word of the Lord is a burthen unto them; And though they walk in the ways of their own heart, yet they say they shall have Peace; We would have none that are thus guilty to account light of it, and say, Is it not a little one? Every duty whereto we are obliged in the Covenant, is of great consequence, and breaches even in smaller things prove inlets unto more grievous revoltings.

When we consider how many who were once open opposers or secret underminers, being received to the Covenant, yet remain disaffected to the ends of the same; We cannot but think that we walk in the midst of snares, and that mysteries of iniquity work amongst us, which may produce most sad and lamentable effects, unto the prejudice of our Religion and Liberties. Therefore, Because God hath no greater quarrel against a Nation than that of a broken Covenant; Let all who fear an Oath, remember the vows of God which are upon them, Watch and Pray, and take good heed that they be not cheated nor charmed into a violation of all, or any of the Articles of that Sacred and Solemn League and Covenant; And let those especially be observed and avoided, who do, or shall endeavour a division and breach between the Kingdoms, or the making of any factions or parties contrary to the Covenant, under pretence of preserving the King and his Authority, whilst they do not constantly and sincerely prosecute and press our frequent desires of his subscribing the League and Covenant, and giving satisfaction in all things to the just desires of both Kingdoms; which underhand dealing can prove nothing else, but an abusing of His Majesty for mens own designs: We wish that none suffer themselves to be deceived by any false glosses of the Covenant, under which some may possibly urge the keeping of it, so as to draw us into a certain breach thereof, and press the defence of the King’s Authority and of Religion, to engage us in those ways that would tend to the ruin of both: We are not now to press the want of full satisfaction in the much desired work of Uniformity, as the ground of a breach between the Nations; Though we still conceive, this Nation will never be wanting to prosecute that work to the uttermost of their power in all lawful ways, according to the League and Covenant.

These Kingdoms, after many fervent Supplications and faithful endeavours of all the Lovers of Truth and Peace, have been happily united into a League and Covenant, which to this day hath been kept inviolably, notwithstanding of all the opposition of open Enemies, and plotting of secret Underminers; And we are confident that none but such as have hearts full of Atheism and Treachery, will attempt the violation thereof, in whole, or in part; And that if any shall do the same, they shall expose themselves to the Curse of Almighty God, who will be avenged upon all that Swear falsly by his Name. We know that men of perverse minds, wanting the fear of God, and measuring all things by their own ends, may conceive of it as alterable, or at least, that all the Clauses or Heads thereof are not so to be stuck upon, but that some one or more may be dispensed with upon civil advantages: But we have not so learned Christ or his Word: Both Nations have Covenanted with God, and each of them with another, in things most lawful and necessary for the preservation and good of both, without any limitation of time: And therefore we and our Posterity are obliged before God unto the Observation thereof, as long as the Sun and Moon shall endure. The Sense of these things ought to be so deeply engraven upon the hearts of all that are in trust, That as they should from their Souls abhor every thought of a breach with England; So should they carefully and wisely study to avoid everything that may prove a snare and tentation unto the same. Amongst other things, if his Majesty shall have thoughts of coming to this Kingdom at this time, he not having as yet subscribed the League and Covenant, nor satisfied the lawful desires of his Loyal Subjects in both Nations, We have just cause to fear that the consequences of it may be very dangerous, both to his Majesty and these Kingdoms; Which therefore we desire may be timely prevented.

For so long as his Majesty doth not approve in his heart, and seal with his hand the League and Covenant, we cannot but apprehend, that according to his former Principles, he will walk in opposition to the same, and study to draw us unto the violation thereof, and the dissolution of the Union so happily begun between Us and our Brethren, To weaken the Confidence and Trust, and to entertain jealousies, and make divisions amongst our selves; Neither is it possible, but that our receiving him in this present posture of Affairs, will confirm the suspicions of the English Nation, of our underhand dealing with him before his coming to our Army; And make them, not without cause, to think that we purpose to dispose of him without their consent, and to their prejudice; which is contrary to the Profession of those that were in trust at his Majesty’s first coming to the Scots Quarters, and overthroweth all the Arguments that have been used by the Commissioners of our Parliament in their Papers concerning The disposing of his Majesty’s Person by the joynt advice and common consent of both Kingdoms given in to both Houses of Parliament in England; Nor do we see how we can vindicate such a practice from a direct breach of our engagements to them by Covenant and Treaty; which were not only to expose us into the hazard of a Bloody War, but to involve us in the guilt of Perjury. And what greater disservice could be done to his Majesty and his Posterity, than to give way to a course that might prove prejudicial to their interest in the Crown and Kingdom of England.

Our carriage now for many years past, in the midst of many tentations, hath put us beyond all suspicion in the point of our Loyalty; nor have we the least thoughts of deserting the King’s Majesty in a just and good cause, being bound by our Covenant in our several Vocations to endeavour with our Estates and Lives, to preserve and defend his Person and Authority, in the defence and preservation of the true Religion and Liberties of the Kingdoms: And so far as his Majesty shall be for these, we really are, and we trust the rest of his Kingdoms will be for him: Yet we cannot deny, but openly avouch it, That if his Majesty (which the Lord forbid) shall not satisfie the just desires of his People; Both Nations stand mutually obliged by that inviolable Covenant to pursue the ends therein expressed (which cannot be divided) against all lets and impediments whatsoever. It is therefore our most earnest and longing desire, That as those who are in trust with the Publick Affairs of this Kingdom have heretofore with all earnestness and care in all their addresses dealt with his Majesty, with much strength of Reason and vehemency of Affection, so they would still deal with him, to grant his Royal consent to the desires of both Kingdoms, for setling Religion according to the Covenant, and for securing a perfect and durable Peace (which we look upon as the only hopeful means of preserving himself, his Crown, and Posterity) That his Majesty may return to his Houses of Parliament in England as a reconciled Prince to satisfied Subjects; And that acclammations of joy may be heard in all his Majesty’s Dominions, and no sound of War heard therein any more, except against the bloody Irish Rebels, under whose barbarous and cruel persecution, our distressed Brethren, both in this Kingdom and in Ireland, are still groaning and crying out to us and to our Brethren in England, Be at peace among yourselves, and come to help us.

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Note of Proceedings in the Convention of Estates relative to the Church, betwixt the Assemblies of 1647 and 1648.

1648.

March 27. Answers of Parliament to the desires of the Commissioners of the General Assembly, represented by them to Parliament, vol. vi., p. 290.

March 29. Answers of Parliament to the representation of the Commission of the General Assembly, of their sense on the Parliament’s Answer to their right desires, p. 291.

April 11. Act anent the Resolutions of Parliament concerning the Breaches of the Covenant and Treaties betwixt the Kingdoms of Scotland and England, and Demands for Reparation thereof, p. 292.

April 16. Act concerning the Desires of the Commissioners of the General Assembly, p. 295.

April 19. A Declaration of Parliament to all his Majesty’s good Subjects, concerning their Resolutions for Religion, King, and Kingdoms, in pursuance of the ends of the Covenant, p. 305.

April 26. A Letter from the Parliament of Scotland to the Parliament of England, p. 309.

April 27. Desires of the Parliament of Scotland, to the Honourable Houses of the Parliament of England, p. 309.

May 2. Answer of the Parliament of Scotland to the Commissioners’ Papers of the 10th and 29th of April, 1648, p. 310. A Letter sent from the Parliament of Scotland, to the several Presbyteries within the Kingdom, p. 321.

June 10. Act Ordaining all Ministers to exhort their People to obedience to the Laws of the Kingdom, and assuring these Ministers of their Stipends during their lifetime, p. 331. Act and Declaration of Parliament, in Answer to the Supplications from Synods and Presbyteries, p. 332.

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THE
GENERAL ASSEMBLY,
AT EDINBURGH, 1648.

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The period in our history to which our attention is now attracted—extending from the beginning of August, 1647, to the 12th of July, 1648—embraces a variety of striking occurrences, and presents, in the progress of the great national drama which was rapidly hastening to its tragical termination, a complication of circumstances well calculated to affect the most sober-minded as well as the more sanguine student. The pillars of society were then indeed shaken to their foundations and utterly overthrown.

When we last paused in our narrative, we left the Sovereign of the British kingdom a prisoner in the hands of a mutinous army in England—the usurping Parliament truckling to an armed force of its own creation—the capital of that kingdom in the possession and under the dominion of the army—and the people suffering from an intolerable load of burdens, and all the horrors of social anarchy. It is unnecessary for our purpose, however, to dilate on these particulars; and we do not intend to enter on them further than is absolutely necessary for illustrating the relative movements in Scotland, which it is our more immediate object to record.

In the Acts of the Assembly 1647,[363] our readers will find a Declaration and brotherly Exhortation to their brethren of England, in which they deplore the many obstructions to the triumph of the Covenant and Presbytery, in the variety of pestilent sectaries which had sprung up; and, referring to the Declaration of the Scottish Parliament, of 16th January preceding, they declare that their zeal in that cause does not abate nor diminish anything at all from their loyalty and duty to the King’s Majesty; they profess that the Covenant and presbyterial government are so far from hindering or excluding their duty to the King, that it was thereby strengthened and supported. Nothing, however, would induce the clerical party to abate one jot of the Covenant; and they demanded of the King that which he could not, without an utter dereliction of honour and conscience, comply with—an adoption of the Covenant and extirpation of prelacy and all the diversified heresies which abounded in England, under the protection of the English army, then in complete ascendancy over all the authorities of the State.

In these circumstances, many of the nobility, and all of the Scottish nation who had shewn any opposition to the Covenant, and hence acquired the designation of malignants, bestirred themselves in behalf of the King and the restoration of social order. In pursuance of these objects, and with the view, doubtless, of also wiping off the stigma which, well or ill founded, attached to the nation—as having sold the King to his rebellious English subjects, who had ever after kept him a prisoner—the Scotch resolved to make another effort; and the Committee of Estates, after much debate, agreed to send the Chancellor and Lanerick on a mission to the King and the English Parliament, in order to unite with Lauderdale, who was in England, and, if possible, to effect some reconciliation by persuading the King and the English Parliament to adopt the Covenant. Even this proposition (which was no concession whatever to the King) was unpalatable to the Kirkmen and their friends in Parliament. Argyle and Wariston protested against it as too favourable for the King, and the clergy failed not to declaim against it as an artifice of hated malignancy.

The Scottish Deputies proceeded to England, and, in October, entered on their task of negotiation upon the principles embodied in their instructions, urging the King’s acquiescence in the Covenant as a means of insuring support in all his legitimate prerogatives, against those who now avowed hostility to monarchy. Beset and bewildered amidst the conflicting and irreconcilable propositions of the two Parliaments and the army, his Majesty at length, on the 11th of November, made his escape from Hampton Court, and, two days after, took refuge in Carisbrook Castle, in the Isle of Wight; his intention of leaving the country having been baffled, and his person still remaining in the power of what may justly be called the rebel or revolutionary party, in the English Parliament and army, under the guidance of Cromwell and Vane.

On his flight, the King left messages to be communicated to Parliament,[364] expressing his favourable opinion of Episcopacy, yet consenting that Presbytery should be established for three years, but with toleration to all who could not submit to it conscientiously. These terms were not acceptable to the Scottish Commissioners, falling far short of what their constituents and the Covenanters insisted on; but they were entirely disregarded by the English Parliament, who, without ever consulting them, passed four Acts, which were entirely on civil points, and substantially denuded the King of every vestige of royalty. The Scottish Commissioners indignantly remonstrated against these Acts as a breach of the treaty with Scotland, and proceeded to the Isle of Wight, where they advised the King against assenting to these Bills, which would subject himself and his people to a military despotism; and formally protested against these domineering ordinances of the English Parliament. Separate negotiations with the King were carried on by them, and speedily digested into a treaty, which soon after became but too well known under the name of “The Engagement.” A brief retrospect, however, is requisite before the nature of that treaty is explained.

It is but a debt of justice, which we are gratified to pay to our countrymen, when we reiterate, from the authentic record, that in these very delicate and perplexing circumstances, Lord Loudoun, Chancellor, and his colleagues of the Commission, did all that loyal and brave men could do, under their instructions, to rescue their Sovereign from the grasp of a set of infuriated and armed democrats. So early as 13th August preceding, the Scottish Parliament had adopted a Declaration and Remonstrance, expressive of their resolution “to redeem his Majesty from the hands of schismaticks, and place him in his Parliament with honour and safety—to procure the peace of the three kingdoms, &c.—all which are not only endangered, but, by likelihood, ready to be destroyed by the power of an overawing tyrannical army, under the conduct of Sir Thomas Fairfax;” and to this was added an oath, taken by the Parliament of Scotland, and ordered to be taken by all his Majesty’s loyal subjects, in which they vowed to “maintain and defend with our lives, powers, and estates, his Majesty’s royal person, honour, and estate, as is expressed in our National Covenant, and likewise the power and priviledges of Parliament, and the lawful rights and liberties of the subject.” After referring to doctrines held by the English Parliament, that kingly government was inconvenient, and the King a public enemy; that it contemplated the new and arbitrary modelling of Parliament, and the ruin and destruction of the House of Lords;—the declaration referred to, concluded with an intimation, that, failing a remedy for these impending breaches of treaty and loyalty on the part of the English usurping Parliament, the Scottish nation would make such provision of arms and other military forces, as might secure their religion and their King, kingdom, and parliament.[365] In pursuance of this resolution, a corps of 3,500 men, under General David Leslie, was cantoned at Jedburgh, and along the Border.

On the 14th of September, (1647,) the King’s answer to the propositions which had been sent him, was read in the Parliament, to the effect that he would give full satisfaction to his people for whatsoever should concern the settling of the Protestant profession, with liberty to tender consciences, and the securing of the laws, liberties, and properties of all his subjects, and the just privileges of Parliament, for the future.[366] This, after various and long discussions, they held to be a refusal of their propositions; and, on the 22d of that month, resolved, “to fall directly upon the settlement of the kingdom, by establishing such additional laws as might make for the present and future good of the kingdom, turning the propositions into Bills and Acts;[367]” and ultimately agreed that tender consciences should be freed, by way of indulgence, from the penalty of the statute for the Presbyterian government on account of their nonconformity, who do meet in some other congregation for worship on Sunday,—that Papists should be subject to penalties in the statute of Elizabeth against them, but no indulgence should extend to tolerate the use of common prayer in any place whatsoever.[368] On the 18th of October, the Commons sent up sixteen propositions to the Lords, to be sent to the King, among which were these:—That the militia should be under the direction of Parliament for twenty years; that bishops, deans, and chapters, should be abolished; that the bishop’s lands should be sold; that the great officers of State should be chosen by Parliament; and that Presbytery should be established for three years.[369]

Meanwhile, the army was also engaged in the work of legislation. The agitators of sixteen regiments concocted proposals, which were laid before Parliament on the 1st November, for a reform in the parliamentary representation—for triennial parliaments—for a power in the Commons to erect and abolish all offices and courts; and that, in matters of religion, there should be no parliamentary legislation whatever—“the ways of God’s worship are not at all intrusted by us to any human power.”[370]

In these circumstances, the Scottish Commissioners did their duty manfully: on the 5th of November, they sent a letter to the Speaker of the Commons, complaining of the violence done to the King’s person by the army, and of his being still detained in captivity; and intimated “that no alteration of affairs shall ever separate them from the duty and allegiance they owe unto his Majesty, nor from their constant resolution to live in loyalty under his government;” requiring the English Parliament to concur with them in a personal treaty with his Majesty.[371] At that time, it appears, the Scottish clergy, of all parties, were unwearied in their invectives against the English Parliament and army; and a spirit of hostility was thus fostered and awakened against them.[372] Such was the state of matters when the King escaped from Hampton Court; and, on the 15th of November, letters were received by both Houses from Hammond, the governor, announcing his Majesty’s arrival at the Isle of Wight. Of the proceedings which took place on the part of the Scottish Commissioners, from the time of their first communications with his Majesty in October, till the completion of the engagement in December following, we deem it unnecessary to give the details and documents fully, as these are recorded by Burnet, and may be consulted.[373] The Scotch Commissioners, however, were zealous, and, so far as we can see, honest in their counsels to the King to put his veto on the four bills. The consequence of the King’s refusal to pass these bills in the end of December was, that he was committed a close prisoner in Carisbrook Castle, by orders of the English Parliament. From that time forward his Majesty was hedged about by the creatures of the levelling faction; his letters intercepted even from the Queen and his daughter; and an English Parliament did not scruple to violate all the sanctities of domestic affection, and to subject these documents to the scrutiny of committees of their appointment.

We must now revert to the proceedings in Scotland arising out of the state of affairs in England, which we have now briefly explained; and although there were many circumstances of a cheering nature, calculated to redeem the national character from the obloquy into which it had fallen in consequence of its participation in the rebellious proceedings of the English usurpers, yet was there a great preponderance of perilous anarchy; and it was at this particular period that a collision arose betwixt the Kirk and the State, which, within a very short space, rent the strength of the kingdom in pieces, and subjected it to the deepest humiliation.

On the 8th of February, 1648, the Grand Committee of the Estates convened at Edinburgh, and adjourned to the 10th on account of the absence of the Scots Commissioners. On the 9th, the Commission of Assembly also met; and, on the 10th, the Committee of the Estates re-assembled, when Loudoun, and the other Scots Commissioners, made reports of their proceedings in England during their recent mission. The discussions which thence arose, and the courses which followed, are of so important a character as to require particular detail, in order to illustrate fully the sad state of distraction and disorganization into which the kingdom had fallen.

The first session of the second triennial Parliament was holden at Edinburgh on the 2d of March, 1648, and, on the 17th, it appointed a committee for preventing dangers—Berwick and Carlisle being garrisoned with malignants. The same day, answers were made to the communication from the Commission of Assembly, in which the Estates pledged themselves “that the grounds and causes of undertaking of war be cleared to be so just as that all who are well affected may be satisfied in the lawfulness and necessity of the ingadgment;”[374] that religion and the maintenance of the Covenant should be the principal end of all the undertakings of this kingdom; and they desired a Committee of the Church to meet a Committee of Estates on the 24th, to draw up such a state of the question of war, as might unite the nation in a unanimous undertaking of such duties as were requisite for the reformation and defence of religion.

After intervening conferences, the Estates, on the 11th of April, passed an act anent the Resolutions of Parliament, concerning the breaches of the Covenant and treaties betwixt the kingdoms of England and Scotland, and demands for reparation thereof.[375] They waived mention of the non-payment of arrears due on the “brotherly assistance,” and the allowance for the Scottish army in Ireland, (amounting to £312,000 sterling;) and also waived adverting to the disavowal, by the English, of the treaty of 28th November, 1643: and enumerating all the breaches of treaty on the part of the English Parliament, the act concludes with three propositions:—1st, That effectual steps be taken for enforcing the adoption of the Covenant by all the subjects of the Crown of England, conformably to the treaty 1643, which declared all recusants to be public enemies, and liable to punishment—that uniformity and Presbyterianism be settled, and the Directory for worship and Westminster Confession be adopted, and all heresies and the Service Book be suppressed and extirpated: 2dly, That the King should go with all honour, freedom, and safety, to some of his houses in or near London; and that the Parliaments of both kingdoms might communicate with him for establishing religion and peace;—and, 3dly, That the army of sectaries, under the command of Fairfax, be disbanded, and none be employed but such as should take the Covenant, and be well affected to religion and government.

Next day an act was passed for putting the kingdom in a posture of defence, and constituting committees of war in the several counties; and on the 19th, the Estates adopted a Manifesto or Declaration to the nation concerning their Resolutions for Religion, King, and Kingdoms,[376] in which an elaborate exposition is given of all the causes of complaint against the English Parliament. It sets forth that every article of the League and Covenant had been violated and, in the recent negotiations with the King, entirely set aside—that heresy and schism were tolerated—that the King’s person had been violently seized and kept a close prisoner—and it embodied a reiteration of the propositions above stated, to be made to the English Parliament. Disavowing any intention of invading England, or breaking up the amicable relations betwixt the kingdoms, the manifesto stated that the object of their engagement should be the settling of truth and peace under his Majesty’s government, and that they would not join with any who should not sign the Solemn League and Covenant; and it concluded by a call on all who had zeal for religion, love to monarchical government, or sense of the sufferings and imprisonment of the King, to support the cause thus proclaimed to the nation.

On the 11th of May, the Estates granted commission to a committee, during the recess of Parliament, with ample powers, and addressed a letter to the several presbyteries within the kingdom, exhorting the clergy to stir up the people, by their preaching and prayers, to yield a willing obedience to the orders of Parliament in the furtherance of its objects. The Parliament then adjourned till the 1st of June.[377]

During the progress of these proceedings, there were many altercations betwixt the Committees of Parliament and Assembly; and a virulent opposition arose, which completely severed and crippled the power of Scotland at so important a crisis. The principles of this kirk party are thus briefly given by Dr Cook,[378] as vouched by Guthrie, Baillie, and Burnet:—“The Ministers, led by Gillespie, who shewed the most inveterate enmity to Charles, required that all classes should take an oath for preserving the ends of the Covenant. This oath, which was zealously defended by Argyle, comprehended the following particulars, sufficiently shewing the virulence of party spirit which prevailed—That, except the King did first subscribe and swear to both Covenants, it was not lawful for any to endeavour his restitution—that there should be no communication with malignants in any of the three kingdoms—that a negative voice should not be given to the King—that these articles should be incorporated with the Coronation oath—and that all who refused to swear to them should be incapable of any office, civil or ecclesiastical, and should forfeit their estates. Against this the Parliamentary Commissioners firmly remonstrated; and an attempt was made by the more moderate ministers to soften some of the articles, combining them with parts of a declaration which the Committee had prepared; but all prospect of union was destroyed by the determination of the Church party to oppose a resolution by the Estates for taking possession of Berwick and Carlisle, with a view to facilitate future warlike operations.”

Such a course of opposition, and based upon such principles, needs no commentary: it was resolved on, with the concurrence of Argyle, and some English Commissioners then in Scotland. During the recess of Parliament, in addition to their wonted modes of agitation from the pulpits, petitions came up from synods requiring Parliament to do nothing important without the concurrence of the General Assembly; and the Commission more openly obtruded its interference during the time that the muster of levies was in progress—drew up an answer to the Declaration of Parliament which was circulated through the Presbyteries, denouncing the resolution which had been adopted by Parliament, ordaining the Ministers to read the counter manifesto from their pulpits, and threatening all with excommunication and the divine wrath who should enrol under the standard of the King and Scottish Parliament. A more monstrous instance of usurpation is nowhere to be found in the past history of the Reformed Church; and even Baillie, one of those who was a party to these extravagant pretensions to political power, is constrained to deplore the consequences which flowed from it. “The danger of this rigidity,” he remarks, “is like to be fatal to the King—to the whole isle—both churches and states. We mourn for it to God. Though it proceed from two or three men at most, yet it seems remediless. If we be kept from a present civil war, it is God, and not the wisdom of our most wise and best men, which will save us. I am more and more in the mind that it were for the good of the world that churchmen did meddle with ecclesiastick affairs only; that, were they ever so able otherwise, they are unhappy statesmen.”[379] But still these misguided men persevered. The Commission presented new remonstrances when the Parliament re-assembled, in the beginning of June; and issued an order to all ministers to preach against the Engagement, under the pain of deposition—an order which disgusted many of the clergy, and divided the Church and the country into two parties, known in our history by the names of Resolutioners and Protesters—the former being in favour of the Engagement for the restoration of the King and Constitution, even clogged with the Covenant; the latter insisting on the supremacy of the Kirk and Covenant, over King, Parliament, and People.

This state of matters could not be tolerated by any civil government and legislature pretending to have even the remotest semblance of authority; and accordingly, on the 10th of June, 1648, two Acts were passed—the one “ordaining all ministers to exhort their people to obedience to the laws of the kingdom, and assuring these ministers of their stipend during their lifetime;” the other ordaining the haill members of Parliament, and all other subjects and inhabitants of the kingdom, “to subscribe that act for defence of the lawfulness of this Parliament, and obedience to the acts thereof!”[380] The former of these narrates that, “having, for the satisfaction of all his Majesty’s good subjects, emitted a declaration containing the grounds of their present resolutions, and expecting an humble obedience and hearty concurrence of all his Majesty’s good subjects, especially of the ministry, to this their pious and loyall undertaking; yet they finde that, contrary to diverse standing laws and Acts of Parliament, some of them are so far from giving obedience thereunto, that they, both in their sermons, inveigh against it, and in their private discourse and otherwise, labour, so far as is in their power, to stir up the people to an open opposition against the authority and proceedings of Parliament. Neither do they meet with this obstruction by particular ministers, but also even in these who are now entrusted in the Commission of the General Assembly, as will appear by their Act of the 5th of June instant, whereby they do recommend to the Presbyteries that, if any ministers be found who do not declare themselves against the present ingagement, nor joyne with their brethren in the common resolutions against it, nor give publick information to the people of the unlawfulnesse thereof, they may be referred to the next General Assembly, and if any of them have already declared themselves for it, that they be presently censured; whereby the estates findes that, to the great scandal of reformed religion and Presbyteriall Government, they do not only lay a heavie yoke on the consciences of their brethren, who, in conscience of their dutie, finde themselves obliged to give obedience to the lawes of the Kingdom, but also usurp a power upon themselves to be judges of the lawes and of the proceedings of Parliament, who, by the fundamental laws of the Kingdom, have in them the only legislative power,” &c. And on these grounds they ordain the ministers to stir up the people to reverence and obey the laws and ordinances of Parliament. The other, and relative Act, enjoins subscription to it; obliging all the King’s lieges to support Parliament and its constitutions.

Besides these Acts, a further declaration of Parliament was issued, in answer to supplications from Synods and Presbyteries, (who seem to have taken the entire affairs of the country into their own hands, there being no other similar applications from any other classes of the community,) in which the purpose of upholding religion and the Covenant is repeated; and it is declared, “Our undertaking shall not be in any wayes against the Kingdom of England, or to break the union between the two nations, but only for reformation and defence of religion, the honour and happiness of the King and his royal posterity, and the peace and safety of these Kingdoms, against such who have destroyed religion and imprisoned our King”—requiring from the clergy and all the King’s good subjects a ready obedience to the command of the Parliament and Committee of Estates.[381] These declarations were accompanied by numerous others, for levying and organizing an army to carry this national enterprise into effect. And, on the 10th of June, after passing these various statutes applicable to the state of public affairs, and investing committees with full powers to carry them into effect, the Parliament adjourned itself to the first Thursday of March, 1650.

We have deemed it fitting—passing over minor occurrences and the details of party coalitions and matters connected with military preparations—to present thus fully, from the parliamentary record, the leading points in the transactions of Scotland in the earlier part of the year 1648; and we shall now present, in all their fulness, the Acts of the General Assembly which met on the 12th of July that year, immediately after the adjournment of Parliament. The position of the church and country at that time can only be duly appreciated by viewing, in connection, the corresponding movements of the two conflicting authorities by which Scotland was so miserably rent and distracted. The effects will be more decisively developed in the introduction to the Assembly of the following year.

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THE PRINCIPALL ACTS
OF THE GENERALL ASSEMBLY CONVEENED AT
EDINBURGH, JULY 12, 1648.

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Iuly 12, 1648. Post Meridiem. Sess. I.
The Letter from the Synod of Divines in England to the Generall Assembly.

Right Honourable, right Reverend, and dearly beloved Brethren in Jesus Christ,

AS we have great cause to blesse God for the brotherly Union of these two Nations in the common Cause of Religion and Liberty, and for that good hand of blessing which hath accompanied the joynt endeavours of both, in the prosecution thereof: So we cannot but be sadly and deeply sensible of those many obstructions and difficulties, wherewith God in his wisdom hath seen good to exercise his Servants in both Kingdoms in the carrying on of that work, wherein they stand so much ingaged. Herein he hath clearly manifested his own power, wisdom, and goodnesse for our incouragement to trust him in the managing of his own Work, and our utter inability to effect it of our selves; thereby to train us up to a more humble and faithfull dependency upon him to do all, when we by our own wisdom and strength can do nothing. Our perplexities we must confesse, are and have been many, and yet in the midst of them all we cannot but thankfully acknowledge it as a token for good, and that wᶜʰ hath bin and still is a great comfort and refreshing to our hearts, that God hath given you wisdom timely to foresee approaching dangers, but especially to behold, as the stedfastnesse of your Faith, in that both formerly you have been and at present are able to trust God in straits and to appear for him in greatest dangers, so your eminent faithfulnesse and integrity in your firm adhering to your first principles, and chiefly in your constancy and zeal for the preservation and prosecution of the Solemn League and Covenant, so Religiously ingaged in by both Kingdoms: In your vigorous pursuance whereof, with much thankfulnesse to God, We are very sensible more particularly of your steering so steady and even a course between the dangerous rocks of Prophanesse and Malignancie on the one hand, and of Errour, Schisme, Heresie and Blasphemy on the other hand; as also of your constant desires and endeavours to preserve the Peace and Union between the two Nations so nearly and so many wayes United. In all which we humbly acknowledge the mercy and faithfulnesse of God in guiding you so graciously hitherto; and through his assistance we shall still be ready to afford you the best help and incouragement of our prayers and praises to God on your behalf; having this confidence that he who hath already vouchsafed you and us so many blessed pledges of his favour, will in his own time and way accomplish his own Work, which so much concerneth his own Glory and his Peoples good. To his most gracious protection and guidance in these doubtfull and dangerous times we humbly commend you and all your holy endeavours, and rest.

Subscribed in the name and by the appointment of the whole Assembly by us,

Charles Herle, Prolocutor.
William Gouge, Assessor.
Henry Robrough, Scriba.
Adoniram Byfield, Scriba.

Westminster, June 7, 1648.

direct

To the Right Honourable, Right Reverend, the Generall Assembly of the Church of Scotland, or their Commissioners.

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Iuly 15. Ante Meridiem. Sess. IV.
Act concerning Commissions from Burghs.

IT is resolved by the Generall Assembly, untill the matter concerning Commissioners from Burghs be further thought upon, That in the mean time according to the ordinary practise no Commission to the Generall Assembly be admitted from Burghs, but such as shall be consented to, and approven by the Ministry and Sessions thereof; the persons elected being always Elders.

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Iuly 18, 1648. Ante Meridiem. Sess. VI.
Act concerning the examining of the proceedings of the Commissioners of Assemblies.

THE Generall Assembly renews and revives the Act of the Assembly holden at Bruntiland Anno 1601, concerning the examination of the proceedings of the Commission of the Generall Assembly, tenour whereof follows. “The Assembly hath Ordained that in every Assembly to be conveened in all time coming such as shall happen to be appointid Commissioners from the Generall Assembly, to endure while the Assembly next thereafter, shall give an account of their proceedings during the whole time of their Commission in the beginning of the Assembly, before any other cause or matter be handled, and their proceedings to be allowed or disallowed as the Assembly shall think expedient.”

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Iuly 18, 1648. Post Meridiem. Sess. VII.
Approbation of the proceedings of the Commission of the preceding Assembly.

THE Generall Assembly having examined the proceedings of the Commission of the preceding Assembly, especially their Declarations, Remonstrances, Representations, Petitions, Vindication, and other Papers relating to the present Engagement in War, Do unanimously finde that in all their proceedings, they have been zealous, diligent and Faithfull in discharge of the trust committed to them; And therefore ratifie and approve the whole proceedings, Acts and conclusions of the said Commission, and particularly their Papers relating to the said Engagement, and their judgement of the unlawfulnesse thereof, Appointing Mr John Moncrieff Moderator pro tempore to return them hearty thanks in name of the Assembly for their great pains, travells and fidelity in matters of so great concernment to the Cause of God and to this Kirk, amidst so great and many difficulties.

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Iuly 20, 1648. Post Meridiem. Sess. X.
Approbation of the larger Catechisme.

THE Generall Assembly having exactly examined and seriously considered, the larger Catechisme agreed upon by the Assembly of Divines sitting at Westminster with assistance of Commissioners from this Kirk, Copies thereof being Printed, and sent to Presbyteries for the more exact tryall thereof, and publick intimation being frequently made in this Assembly, that every one that had any doubts or objections upon it, might put them in; Do finde upon due examination thereof, That the said Catechisme is agreeable to the Word of God, and in nothing contrary to the received Doctrine, Worship, Discipline and Government of this Kirk, a necessary part of the intended Uniformity in Religion, and a rich treasure for increasing knowledge among the people of God: And therefore the Assembly, as they blesse the Lord that so excellent a Catechisme is prepared, so they Approve the same as a part of Uniformity; Agreeing for their part, that it be a common Catechisme for the three Kingdoms, and a Directory for Catechising such as have made some proficiency in the knowledge of the grounds of Religion.

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Iuly 21, 1648. Ante Meridiem. Sess. XI.
Act against sudden admitting deposed Ministers to particular Congregations.

THE Generall Assembly considering the danger of sudden receiving of deposed Ministers at this time when Malignancy is likely to spread; Therefore finding it necessary untill the ends of the Solemn League and Covenant be setled and secured to restrain the suddenness of admitting deposed Ministers to particular charges; Do ordain that notwithstanding any License to be granted for opening the mouths of deposed Ministers yet they shall not be actually admitted to any particular Congregations without consent of the Generall Assembly; Declaring for such as have already their mouths opened before the time, that if any calling to a particular charge offer unto them before the next Assembly, it shall be sufficient for them to have the consent of the Commissioners of this Generall Assembly.

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Iuly 25, 1648. Ante Meridiem. Sess. XIV.
The Assemblies Answer to the Paper sent from the Committee of Estates of the 24 July.

THE Generall Assembly having considered the Paper of the 24 July delivered to them from the conference, and having compared it with the other Paper of the 17 of July presented from the Honourable Committee of Estates whereunto it relates, and with the Declaration lately emitted by the Committee to the Parliament and Kingdom of England, finde that it is supposed by their Lordships, that we may be satisfied in point of the security of Religion according to the Covenant, notwithstanding of the present engagement in war; The Assembly do therefore in answer to the said Paper declare,

That we see no possibility of securing Religion; as long as this unlawfull Engagement is carried on, Religion being thereby greatly endangered.

1. Because none of the just and necessary desires of the Commission of the late Generall Assembly for securing Religion have bin granted or satisfied; More particularly it was represented to the High and Honourable Court of Parliament, that for securing of Religion, it was necessary that the Popish, Prelaticall and Malignant party, be declared Enemies to the Cause upon the one hand, as well as Sectaries upon the other, and that all Associations, either in Forces or Councels with the former as well as the latter be avoided. That his Majesties Concessions and offers concerning Religion, sent home from the Isle of Wight, be declared by the Parliament to be unsatisfactory, That before his Majesties restitution to the exercise of his Royall power, assurance be had from his Majesty by his solemn Oath under his hand and Seal for setling Religion according to the Covenant, That their Lordships should keep themselves from owning any quarrell concerning his Majesties Negative voice, That the managing of the publike affairs, might be entrusted onely to such persons as have given constant proof of their integrity, and against whom there is no just cause of exception or jealousie, and that there might be no Engagement without a solemn Oath, wherein the Kirk ought to have the same interest they had in the Solemn League and Covenant; All which are more particularly expressed in the Papers given in by the Commission of the late Assembly to the Parliament; notwithstanding the Engagement hath been carried on without satisfaction to these and the like desires, and so without giving security in the point of Religion, but with great and manifest danger to the same.

2. As the happy Union of the Kingdoms, by the Solemn League and Covenant hath been justly looked upon as a speciall means for preserving and strengthening the true Reformed Religion in this Island, So it is no lesse weakened and hurt by endeavouring a breach between these Kingdoms; Which howsoever disclaimed, is yet manifest from the reality of the publike proceedings in this Engagement, and namely from the neglect of endeavouring a Treaty between the Kingdoms for preventing of War and bloodshed as was earnestly desired, from their associating and joyning with known Malignants and Incendiaries, and such as have been declared Enemies to this Cause, from their entring the Kingdom of England with an Army, upon the grounds of the Declaration of the Parliament, which cannot but infer a National quarrell against the Parliament and Kingdom of England, and from their garrisoning the frontire Towns of that Kingdom.

3. The Engagement is carried on by such means and ways, as tend to the destroying of Religion, by ensnaring and forcing the consciences of the people of God with unlawfull Bands and Oathes, and oppressing the Persons and Estates of such as have been most active and zealous for Religion and the Covenant. All which is strengthened and authorized by Acts of Parliament, appointing that all that do not obey, or perswade others not to obey the Resolutions of Parliament and Committee anent this Engagement, or who shall not subscribe the Act and Declaration of the 10 June, 1648, imposed upon all the Subjects, shall be holden as enemies to the Cause and to Religion, and have their persons secured and their Estates intrometted with.

4. The Engagement is carried on, not without great encroachments upon the Liberties of the Kirk, as we are ready to clear in many particulars.

Wherefore the security of Religion, and carrying on of the present Engagement being inconsistent, We do propose for the necessary security and safety of Religion, that all the dangers thereof may be taken to consideration, and amongst the rest the said Engagement as one of the greatest which yet being established and authorized by Act of Parliament, we leave it to their Lordships to think of what remedies may be provided for redressing grievances which flow from such Acts and Ordinances, This we are sure of, the publike desires of the Kirk will abundantly witnesse for us, that such things as were necessary for the security of Religion, were in due season represented, and yet not granted by them that had greater power and authority at that time, when it was much more easie to give satisfaction therein then now; So that the blame cannot lye upon the Generall Assembly or their Commissioners that Religion is not secured.

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Iuly 28, 1648. Ante Meridiem. Sess. XVIII.
Act and Declaration against the Act of Parliament and Committee of Estates ordained to be subscribed the 10 and 12 of June, and against all new Oathes or Bands in the common Cause imposed without consent of the Church.

THE Generall Assembly taking to consideration a Declaration and Act of Parliament of the date 10 of June, 1648, highly concerning Religion, and the consciences of the People of God in the Land, and one Act of the Committee of Estates, of the date 12 of June, 1648, both published in Print, whereby all Subjects are Ordained by subscription to acknowledge as just, and oblige themselves to adhere unto the said Act and Declaration, containing an obligation upon their honours and credits, and as they desire to be, and to be holden, as lovers of their Country, Religion, Laws and Liberties, to joyn and concur with their persons and Estates in the assistance of the execution, and observation of the Acts and Constitutions of this Parliament, as the most fit and necessary remedies of the by-gone and present evils and distractions of this Kirk and Kingdom, and for the preservation of Religion, Laws and Liberties, and of his Majesties authority, with certification that such as refuse or delay to subscribe the same, shall be holden as Enemies and Opposites to the common Cause, consisting in the maintenance of the true reformed Religion, of the Laws and Liberties of the Kingdom and of his Majesties authority. Which subscription the Assembly cannot otherwise look upon, then as a snare for the People of God to involve them in guiltinesse, and to draw them from their former Principles and Vows in the Solemn League and Covenant. For that subscription were an approving of some Acts of Parliament, which they have never yet seen nor known, they not being all published, were an agreeing to Acts of Parliament, highly concerning Religion and the Covenant, made not onely without, but expressly against the advise of the Kirk, were an acknowledging of this present Engagement in War, in all the means and ways for promoving the same, to be the most fit and necessary remedies of the by-gone and present evils, whereas so many Petitions to the Parliament, from Committees of War, Synods, Presbyteries and Paroches have made it appear, that they are no way satisfied therewith in point of conscience; were an ascribing of a power to the Parliament, to declare these to be enemies to the true Religion, whom the Kirk hath not declared to be such but rather friends; were an approving of an Act made for the restraining the liberty of printing from the Kirk, yea and of all the Acts of the Committee of Estates, to be made in time coming, till March, 1650, which by Act of Parliament are ordained to be obeyed; were an allowing of Acts for securing of the persons, and intrometting with the Estates of such as themselves shall not obey, or perswade others not to obey resolutions concerning this Engagement, and for protecting persons under Kirk Censures, and so an infringing and violating of the Liberties and Discipline of the Kirk established by the Laws of the Land, and sworn to in the Nationall Covenant to be defended, under the pains contained in the Law of God. And in all these, such as do subscribe, do binde themselves not only to active obedience in their own persons, but to the urging of active obedience upon all others, and so draw upon themselves all the guiltinesse and sad consequences of the present Engagement; Yea, such as are Members of Parliament, and have in the Oath of Parliament sworn not to Vote or consent to any thing, but what to their best knowledge, is most expedient for Religion, Kirk and Kingdom, and accordingly have reasoned against, and dissented from divers Acts of this Parliament, These by the subscription of this Act, cannot eschew the danger of perjury, in obliging themselves to active obedience to these Acts, which according to their Oath, they did judge unlawfull. Neither can the 38 Act of the Parliament 1640, wherein such a kinde of Band was enacted to be subscribed by any precedent or Warrant for subscribing of this Act; For it plainly appears by the narrative of that Act omitted in this Band, how great a difference there is between the condition of affairs then and now. Then the Kings Commissioner had left and discharged the sitting of the Parliament, then the Parliament for sitting was declared Traitors, and Armies in England and Ireland prepared against them, then not only the Acts, but the very authority of Parliament was called in question, then Kirk and State were united in the Cause against the Malignant party, then nothing was determined in Parliament in matters of Religion without, much lesse against the advice of the Kirk: But beside that, it was not thought expedient by the State, that that Band should be pressed through the Kingdom. The case now not onely differs from what was then, But is in many things just contrary, as is evident to all who will compare the two together. And therefore the Generall Assembly professing all tender respect to the High and Honourable Court of Parliament and Committee of Estates, but finding a straiter tye of God lying upon their Consciences, that they be not found unfaithfull watchmen, and betrayers of the souls of these committed to their charge, Do unanimously Declare the foresaid subscription to be unlawfull and sinfull. And do warn, and in the Name of the Lord Charge all the members of this Kirk, to forbear the subscribing of the said Act and Declaration, much more the urging of the subscription thereof, as they would not incur the wrath of God, and the Censures of the Kirk. And considering how necessary it is that according to the eighth desire of the Commissioners of the Assembly to the Parliament, the Kirk might have the same interest in any new Oathes in this Cause, as they had in the Solemn League and Covenant, and what dangers of contradictory Oathes, perjuries and snares to mens consciences may fall out otherwise: Therefore they likewise Enjoyn all the members of this Kirk, to forbear the swearing, subscribing or pressing of any new Oathes or Bands in this cause, without advise and concurrence of this Kirk, especially any negative Oathes or Bands, which may any way limit or restrain them in the duties whereunto they are obliged, by nationall or Solemn League and Covenant, and that with certification as aforesaid. And such as have already pressed or subscribed the foresaid Act and Declaration, The Generall Assembly doth hereby exhort them most earnestly in the bowels of Christ, to repent of that their defection. And Ordains that Presbyteries, or in case of their negligence or being overawed, the provinciall Synods or the Commission of the Assembly, which of them shall first occur, and in case of the Synods negligence, that the said Commission be carefull to proceed against, and censure the Contraveeners of the Act according to the quality and degree of their offences as they will be answerable to the Generall Assembly; and that therefore this Act be sent to Presbyteries to be published in the several Kirks of their bounds.

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Eodem die Post Meridiem. Sess. XIX.
Approbation of the Shorter Catechisme.

THE General Assembly having seriously considered the shorter Catechisme, agreed upon by the Assembly of Divines sitting at Westminster, with assistance of Commissioners from this Kirk, Doe finde upon due examination thereof, That the said Catechisme is agreeable to the Word of God, and in nothing contrary to the received Doctrine, Worship, Discipline and Government of this Kirk, And therefore Approve the said shorter Catechisme as a part of the intended Uniformity, to be a Directory for Catechising such as are of weaker capacitie.

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Act discharging a little Catechisme printed at Edinburgh, 1647.

THE General Assembly having found in a little Catechisme, printed at Edinburgh, entituled, “The A, B, C, with the Catechisme, That is to say, an instruction to be taught and learned of young children,” very grosse errours in the point of Universall Redemption, and in the number of the Sacraments, Therefore doe discharge the venting or selling of the said Catechisme of the foresaid impression, or of whatsoever other impression the same be of, and all use thereof in Schools or Families, Inhibiting also all Printers to reprint the same, And recommends to Presbyteries to take speciall care that this Act be obeyed.

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Vlt. Iuly, 1648. Post Meridiem. Sess. XXI.
A Declaration of the Generall Assembly concerning the present dangers of Religion, and especially the unlawfull engagement in War, against the Kingdom of England; Together, with many necessary exhortations and directions to all the Members of the Kirk of Scotland.

IT cannot seem strange to any that considereth the great trust that lyeth on us, comparing the same with the eminent dangers wherewith the Cause of God is invironed in this land, if at this time We declare our sense thereof, and warn the people of God from this watch-tower of the present duties incombent to them: Our witnesse is in heaven, and our record on high, that we doe not this from any dis-respect to the Parliament whom we have honoured and will ever honour and also obey in all things which are agreeable to the Word of God, to our Solemn Covenants, and to the duties of our callings, Nor from any disloyalty or undutifulnesse to the Kings Majesty, to whom we heartily wish, and to his posterity after him, a happy Reigne over these Dominions, Nor from any factious disposition or siding with this or that party whatsoever, Nor from any contentious humour about light or small matters, Nor from any favour to or complyance with Sectaries, against whose cursed opinions and ungodly practises, we have heretofore given ample testimony, and are still obliged by Solemn Covenant to endeavour the extirpation of Heresie and Schism; But from the conscience of our duty when the glory of God, the Kingdom of his Son, his Word, Ordinances, Government, Covenant, Ministery, Consciences of People, Peace and Liberties of the Kirk are incompassed and almost overwhelmed with great and growing dangers.

How freely and faithfully the servants of God of old have rebuked sin in persons of all ranks, not sparing Kings, States nor Kingdoms, the Scripture maketh it most plain to all that look thereon; Neither want we domestick examples, if we look back a little upon the behaviour of our zealous Ancestours in this Kirk, who not only in their Sermons severally with great gravity and freedom reproved the sins of the time, But more especially in the Kirk Judicatories plain and downright dealing was most frequent and familiar, as appears in the Assemblies holden in June and in October, 1582, in October, 1583, in May, 1592, in May, 1594, and in March, 1595. And not only the General Assembly by themselves, but also by their Commissioners faithfully and freely laboured to oppose all the steps of defection; as at other times, so in the yeer 1596, wherein four or five severall times they gave most free admonitions to the King, Parliament and Councell, with a Protestation at the last before God, that they were free of their blood, and of whatsoever judgement should fall upon the Realm, and that they durst not for fear of committing High Treason against Jesus Christ the onely Monarch of his Kirk, abstain any longer from fighting against their proceedings with the spirituall armour granted to them of God, and mighty in him for overthrowing all these bulwarks set up against his Kingdom: And in their Declaration then emitted to the Kingdom, they shew that it was a main design to have the freedom of the Spirit of GOD in the rebuke of Sin by the mouth of his Servants restrained; and therefore they warne all Pastours of their duty in applying Doctrine and free preaching. Like as the Assembly, 24 March 1595-6 reckons up amongst the corruptions of the Ministery to be censured with deprivation, if continued in, the not applying their Doctrine against the corruptions of the time, which was renewed in our late Assembly at Glasgow 1638. What hath been done since that Assembly is in recent memory, and the Papers to that purpose have been published in Print, and are in the hands of all, Therefore being warranted by the Word of GOD, and encouraged by the forementioned examples, as after exact examination, we have approven the proceedings of the Commissioners of the last Generall Assembly, and specially their Declarations, Desires, Representations, Remonstrances, Supplications, Vindication and other Papers, relating to the present engagment in War, wherein they have given good proof of their fidelity, wisdom and zeal in the cause of God, So we finde our selves necessitate to make known unto all the People of God in this Nation our sense concerning the dangers and duties of this present time.

The cry of the insolencies of this present Army from almost all the parts of this Kingdom, hath been so great that it hath gone up to heaven, and if we should be silent, we could not be reputed faithfull in the performance of our duty. We do acknowledge that it is incident unto all Armies to be subject unto some disorders, and the Ministers of the Kingdom have not been deficient in former times to represent the same as they come unto their knowledge, calling for the redresse of them at their hands who had power: But the Commissioners of this present Assembly from the severall Provinces have exhibited great variety of abominable scandals and hainous impieties and insolencies committed by persons imployed in this service, whereof we think fitting here to give you a touch.

As if liberty had been proclaimed to the lusts of lewd men, These that have been imployed in very many places of the Land have used horrible extortion of Moneys at their pleasure, and beside the taking of victuals as they would for their own use, they have in severall places wilfully destroyed the same, and have plundered many houses, taking all away they could, and destroying what they could not carry away; In this great oppression and spoil of goods as the sufferers were many, so choise hath been made of those who Petitioned the High and Honourable Court of Parliament for satisfaction to their Consciences before the Engagement, or who were known to make conscience of the worship of God in their families, on whom they might exercise their raging wrath and unsatiable covetousnesse; Nor stayed their rage here, but as though the war had been against God, publick Fasts have not only been neglected, but profaned by riotous spending and making merry, Divine Worship have been in many parts disturbed, some Ministers and people impeded from coming together, others scattered when they were met, some taken out of Kirks in time of worship, others apprehended at their coming out at the Kirk doors and carryed away; Besides these Ministers in performing the worship of God have been menaced, contradicted, not without blasphemous Oathes, yea their persons in Pulpit assaulted, not to speak of the spoiling of their goods, taking, beating, carrying away their persons and detaining them for a time. And finally that which exceeds all the rest and is more immediately and directly against God, there hath also been many cruell mockings of his Worship, and horrid blasphemies; And it is not to be marvelled that such insolencies have been committed, since there hath been admitted upon this service some Papists, some bloody Irish Rebels, some non-Covenanters, and very many fugitives from Kirk Discipline, Finally, even those who have been upon the late Rebellion, and these not onely common Souldiers but Commanders, beside many voluntiers who have no speciall command and trust.

Besides all these, the Liberties of the Kirk have been grievously encroached upon: 1. By emitting Declarations from the Parliament and Committee of Estates, containing severall things highly concerning Religion without the advice or consent of the Generall Assembly or their Commissioners, which was a ground of protestation to divers Members of Parliament who have been most zealous and active in the Cause. 2. The Article of Religion as expressed in the Declaration of Parliament hath in it many dangerous expressions, which are particularly instanced in the Representation of the Commissioners of the Generall Assembly; And the same Article of Religion in the late Declaration of the Committee of Estates to England is more unsatisfactory then the former: Like as in the said late Declaration there is a totall omission of some most materiall things pretended to in the Declaration of Parliament as satisfactory in point of securing Religion, viz. the clause concerning security to be had from his Majesty by his solemn Oath under his hand and Seal, that he shall for himself and his Successors give his Royall assent, and agree to such Act or Acts of Parliament, and Bills as shall be presented to him by his Parliaments of both and either Kingdoms respectively for enjoyning Presbyteriall Government, Directory of Worship and Confession of Faith in all his Majesties Dominions, and that his Majestie shall never make opposition to any of those, nor endeavour any change thereof; also the clause against association with any that refuse to take the Covenant is omitted: From all which it may appear in how great danger the liberties of the Kirk and even Religion it self are left. 3. In the close of the Declaration of Parliament, there is a new and unsound glosse put upon the Covenant and Acts of Generall Assembly, contrary to the sense of the General Assembly it self, as is more fully expressed in the Representation of the late Commission. 4. No redresse by the Parliament of certain injuries complained of to their Lordships by the Commissioners of the preceding Generall Assembly. 5. Endeavours to weaken and frustrate Kirk-Censures by making provisions for securing the stipends of such as shall be censured for their concurring in, or preaching for this present Engagement. 6. A misrepresentation of the proceedings of the Commission of the Generall Assembly by the Parliaments Letter of May 11, to the severall Presbyteries, endeavouring to incense them against the Commission of the late Assembly and to pre-ocupie their Commissioners to this Assembly. 7. Whereas there were many Petitions presented to the High and Honourable Court of Parliament from the Commissioners of the Generall Assembly, Synods and Presbyteries against the present Engagement as stated in the Parliaments Declaration, yet notwithstanding of the said Petitions, and notwithstanding of many free and frequent warnings given by faithfull Ministers in their Sermons, notwithstanding also that it was not unknown how much the generality of the wel-affected in the Kingdom were unsatisfied in their consciences with the grounds and way of the said Engagement, yet good people are not onely left unsatisfied in their and our desires, but compelled and forced either to sin against their consciences or to be under heavy pressures and burdens: 8. Yea in the late Band injoyned to be subscribed by all the Subjects of this Kingdom, men are put to it to joyn and concur with their Persons and Estates, in the advancement, furtherance and assistance of the execution, obedience, and observation of the Acts and constitutions of the late Parliament; and consequently, as many as think the Engagement unlawfull, shall binde themselves not onely to obey for their own part against their consciences, but to inforce the same upon others who refuse, and so not onely be oppressed, but turn oppressours of others. 9. This all the subjects are required by the Act and Declaration of Parliament to subscribe, as they desire to be holden true lovers of Religion. It being further affirmed in the said Act and Declaration, that the Acts and Constitutions of the late Parliament, are the most fit and necessary remedies for preservation of Religion; where the Parliament assume to themselves, without the advice and consent of the Assemblies of the Kirk, to judge and determine such things wherein, (if in any thing) the Ecclesiasticall Assemblies have undoubtedly a speciall interest, viz. who are to be holden lovers of Religion, and what are the most fit and necessary remedies for preservation of Religion: Yea it is ordained by the fourth Act of Parliament, 1640, that for preservation of Religion, Generall Assemblies rightly constitute, as the proper and competent Judge of all matters Ecclesiastical, be keeped yearly and oftner pro re nata. The Coronation Oath doth also suppose the antecedent Judgement of the Kirk, as the proper and competent judge who are enemies to true Religion and who not; for his Majesty obliged himself by that Oath, that he should be carefull to root out all Hereticks and enemies to the true Worship of God, who shall be convict by the true Kirk of God, of the aforesaid crimes. 10. The General Assembly and their Commissioners are now deprived of their liberty of Printing, confirmed and ratified by Act of Parliament, there being an inhibition to the contrary upon the Printer, under the pain of Death by the Committee of Estates.

Whereas the desires of the Commissioners of the last Assembly, for the safety and security of Religion, and the right manner of proceeding to war, together with the supplications of Provinciall Assemblies and Presbyteries, all tending to the composing of the present unhappy differences, and to the begetting of a right understanding, have not produced the desired and wished-for effect; But on the contrary our just grievances being still more and more heightened, iniquity established by a law, and that law put in execution; We cannot chuse but declare and give warning to all the people of God in this land, concerning the sinfulnesse and unlawfulnesse of the present Engagement, which may be demonstrate by many reasons, as namely,

1. The Wars of Gods people, are called the Wars of the Lord; Numb. 21, 14; 2 Chron. 20, 15, and if our eating and drinking, much more our engaging in war must be for God and for his glory; 1 Cor. 10, 31, whatsoever we do in word or deed, we are commanded to do all in the name of the Lord Jesus, and so for his glory, Col. 3, 17. The Kingdom of God and the righteousnesse thereof is to be sought in the first place and before all other things, Matth. 6, 33. It was the best flower and garland in the former expeditions of this Nation, that they were for God and for Religion principally and mainly. But if the principall end of this present Engagement were for the glory of God, How comes it to passe that not so much as one of the desires of the Kirk, for the safety and security of Religion in the said Engagement, is to this day satisfied or granted; But on the contrary such courses taken as destructive to Religion: And if Gods glory be intended what meaneth the employing and protecting in this army so many blasphemers, persecutors of Piety, disturbers of divine worship, and others of notorious and crying sins. Again, how can it be pretended that the good of Religion is principally aimed at, when it is proposed and declared that the Kings Majesty shall be brought to some of his houses in or near London, with Honour, Freedom and Safety, before ever there be any security had from him, or so much as any application made to him for the good of Religion. What is this but to postpone the honour of God, the liberties of the Gospel, the safety of Gods people to an humane interest, and to leave Religion in a condition of uncertainty, unsetlednesse and hazard, while it is strongly endeavoured to settle and make sure somewhat else.

2. Suppose the ends of this Engagement to be good (which they are not) yet the meanes and ways of prosecution are unlawfull, because there is not an equall avoiding of rocks on both hands, but a joyning with malignants to suppresse Sectaries, a joyning hands with a black devill to beat a white devil; They are bad Physicians who would so cure one disease as to breed another as evil, or worse. That there is in the present Engagement a confederacy and association in war with such of the English who according to the Solemn League and Covenant and Declarations of both Kingdoms, 1643, can be no otherwise looked upon but as Malignants and enemies of Reformation and the Cause of God, is now made so manifest before Sun and Moon, that we suppose none will deny it; And tis no lesse undeniable, that not only many known Malignants, but diverse who joyned in the late rebellion within this Kingdom are employed, yea, put into places of trust: All which how contrary tis to the Word of God, no man can be ignorant who will attentively search the Scriptures, for we finde therein condemned confederacies and associations with the enemies of true Religion, whether Canaanites, Exod. 23, 32, and 34, 12, 15, Deut. 7, 2, or other heathens, 1 King 11, 1, 2, such was Asa his Covenant with Benhadad, 2 Chron. 16, to v. 10. Ahaz his confederacy with the King of Assyria, 2 King 16, 7, 10, 2 Chron. 28, 16, to v. 23, or whither the association was with wicked men of the seed of Abraham, as Jehoshaphats with Achab, 2 Chron. 18, 3, compared with chap 19, 2, also his association with Ahaziah, 2 Chron. 20, 35, and Amaziahs associating to himself 100,000 of the ten Tribes when God was not with them, 2 Chron. 25, 7, 8, 9, 10. The sin and danger of such associations may further appear from Isaiah 8, 12, 15, Jer. 2, 18. Psal. 106, 35, Hos. 5, 13, and 7, 8, 11. 2 Cor. 6, 14, 15, and if we should esteem Gods enemies to be our enemies, and hate them with perfect hatred, Psal. 139, 21, how can we then joyn with them as confederates and associates, especially in a cause where Religion is so highly concerned; and seeing they have been formerly in actuall opposition to the same cause.

3. We are commanded if it be possible and as much as lieth in us to have peace with all men, Rom. 12, 18, to seek peace and pursue it, Psal. 34, 14, war and bloodshed is the last remedy after all the ways and means of peace have been used in vain. The intended war of the nine Tribes and a half against the two Tribes and half was prevented by a Message and Treaty of Peace, Josh. 22; The like means was used by Jepthah (though not with the like success) for the preventing of war with the King of Ammon, Judg. 11. The very light of nature hath taught Heathens not to make war till first all amicable wayes of preventing bloodshed were tried; yet this war hath been driven on without observing any such method of proceeding except by a message wherein not so much as one breach was represented. Yea though these two Kingdoms are straitly united in Covenant, yet these who have carried on this war did not only neglect to desire a Treaty, but also slight an offer of a Treaty made from the Parliament of England upon the Propositions of both Kingdoms.

4. There are many clear and ful testimonies of Scriptures against the breach and violation of Covenants, although but between man and man, Psal. 55, 20. Rom. 1, 31. 2 Tim. 3, 3. Especially where the name of God was interposed in Covenants by any of his people, Jer. 34, 8, 10, 11, 18. Ezek. 17, 18, 19. How much more the violation of a Solemn Covenant between God and his people, Lev. 26, 15, 25. Deut. 17, 2, and 29, 21, 14, 25. Jer. 22, 8,9. 1 King 19, 10. Dan. 11, 32. Hos. 6, 7. If therefore the present Engagement be a breach of our Solemn League and Covenant, then they who have before taken the Covenant, and have now joyned in this Engagement, must grant by necessary and infallible consequence, either that the Covenant it self which they took was unlawful, and such as they cannot perform without sin (which yet they cannot professe) or otherwise, that the Engagement is unlawfull and sinfull, as being a breach of Covenant, and so contrary to the Word of God; that the present Engagement is a breach of Covenant may appear by comparing it with each of the Articles, for it is against all the six Articles of the Covenant.

Against the first, because instead of the preservation of the Doctrine, Worship, Discipline and Government of this Kirk; there is not onely a great quarrelling by those that do Engage, at the present doctrine, and free preaching, a disturbing of, and withdrawing from the Worship, and namely from the late solemn humiliation: But also a refusall of such things as were desired by the Commission of the late Assembly and Provinciall Synods, as necessary to the preservation of the true Reformed Religion: And we have just cause of fear that the Reformation of Religion in Doctrine, Worship, Discipline and Government is not intended to be sufficiently maintained and preserved, when we finde such a limitation and restriction in the late Declaration of the Committee of Estates to the Parliament and Kingdom of England, That they will maintain and preserve the Reformation of Religion, Doctrine, Worship, Discipline and Government, as is by the mercy of GOD, and his Majesties goodnesse established by Law among us; but as there is no such limitation in the Covenant, so we have not had such proof of his Majesties goodnesse as to establish by Law all that hath been by the mercies of God inacted in Generall Assemblies. As to the rest of the first Article, concerning the Reformation of England and Ireland, and the Uniformity, as there was some hopefull beginings thereof, and a good foundation laid, during the late War against the Popish Prelaticall and Malignant party, so the state and ground of the War being now altered, and these chosen for confederates, and associates in the War, who are known enemies to that Reformation, and Uniformity, how can the Covenant be keeped in that point as long as such a War is carried on.

The second Article is violated because in stead of indeavouring to extirpate Popery and Superstition without respect of persons (as is exprest in the Covenant) there is in the late Declaration of the Committee of Estates a desire of the Queens return, without any condition tending to the restraint of her Masse or exercise of Popery; We do also conceive there is a tacit condescending to the toleration of Superstition and the Book of Common-prayer in His Majesties family, because as it was reserved by himself in his concession, brought home by the Commissioners of this Kingdom, So these concessions were never plainly declared by the Parliament to be unsatisfactory to their Lordships, howbeit it hath been often and earnestly desired: neither can we conceive how the clause concerning the extirpation of Prelacy, can consist with indeavouring to bring His Majesty with Honour, Freedom and Safety to one of his Houses in or about LONDON, without any security had from him, for the abolition of Prelacy; it being his known principle (and publickly declared by himself shortly after he went to the Isle of Wight) that he holds himself obliged in conscience, and by his Coronation Oath to maintain Archbishops, Bishops, &c. Can it be said that they are endeavouring to extirpate Prelacy, who after such a Declaration would put in His Majesties hand an opportunity to restore it?

As for the third Article we cannot conceive how the preserving of the Priviledges of Parliament, and asserting the Kings negative voice can consist; And we are sorrowfull that under the colour, of the Priviledges of Parliament, the liberties of the Subjects are overthrown, and the persons and Estates of such as have been best affected to the Cause and Covenant are exposed to most grievous injuries, crying oppressions: And whereas the duty in preserving and defending his Majesties Person and Authority, is by the third Article of the Covenant qualified with, and subordinate unto the preservation and defence of the true Religion and Liberties of the Kingdoms, There is no such qualification, nor subordination observed in the present Engagement, but on the contrary, it is so carried on, as to make duties to God and Religion conditionall, qualified, limited; and duties to the King absolute and unlimited.

The fourth Article of the Covenant is so foully broken, that they who were by that Article declared Enemies, Incendiaries, Malignants, and therefore to be brought to condigne tryall and punishment, are now looked upon as friends and associates, and are the men who get most favour and protection, and sundry of them imployed in places of trust, in the Army and Committees.

For the fifth Article, instead of endeavouring to preserve Peace and Union, a breach is endeavoured between the Kingdoms, not only by taking in and garrisoning their frontire Towns, but also entering the Kingdom of England with on Army, and joyning with the common enemies of both Kingdoms, notwithstanding of an offer of a Treaty upon the Propositions of both Kingdoms made by the Parliament of England to the Parliament of this Kingdom. And whether the way of this Engagement can consist with the large Treaty between the Kingdoms, we shall wish the Honourable Committee of Estates may yet take it into their serious second thoughts.

The sixth is also manifestly broken, for we are thereby obliged to assist and defend all those that entered into this League and Covenant, in maintaining and pursuing thereof: Whereas the Army now entered into England, is to assist and defend many who have not entered into that League and Covenant: And for those who took the Covenant in that Nation, and continue faithfull in it, what they may expect from this Army, may be collected not onely from their carriage towards their Brethren at home; but also from that clause toward the close of the late Declaration of the Committee of Estates, And that we will do prejudice or use violence to none (as far as we are able) but to such as oppose us, or such ends above mentioned. It cannot be unknown that many of the English Nation who are firm and faithfull to the Covenant, and Presbyteriall Government do, and will according to their places and callings oppose some of those ends above mentioned in that Declaration; as namely, the restoring both of King and Queen without any condition or security first had from them; And so by that rule in the Declaration they must expect to be used as enemies, not as friends. That sixth Article is also broken by a departing from the first principles and resolutions, and by dividing, and withdrawing from those that adhere thereunto, which hath been before cleared by the Commission of the late Generall Assembly in their Declaration in March, Representation, and other Papers published in Print.

5. We leave it to be seriously pondered by every one who is truely conscientious, whether it be any ways credible or probable, or agreeable to Scripture rules, that the generality of all that have been most faithfull and cordiall to the Covenant and cause of God should be deceived, deluded and darkened in this businesse, and that they who for the most part were enemies to the work of God in the beginning, and have never brought forth fruits meet for Repentance, should now finde out the will of God more then his most faithfull Servants in the Land; and who, that fears God, will believe that Malignants are for the ends of the Covenant, and that they who are most instrumentall in this Reformation, are against the ends of the Covenant.

All which considered, as we could not, without involving our selves in the guiltinesse of so unlawfull an Engagement, yeeld to the desire of the Army for Ministers to be sent by us to attend them; So we do earnestly exhort, and in the name and authority of Jesus Christ, charge and require all and every one of the Members of this Reformed Kirk of Scotland;

I. That they search narrowly into the sins which have procured so great judgements and so sad an interruption of the work of God, that they examine themselves, consider their wayes, be much in humiliation and prayer, study a reall and practicall Reformation, That they also mourn and sigh for the abominations of the Land, and stand in the gap to turn away the wrath. Among all these fearfull sins, the violation of the Solemn League and Covenant, would not be forgotten but seriously laid to heart, as that which eminently provoketh the Lord, and procureth his judgements to be powred forth not onely upon persons and families, but also upon States and Kingdoms. Covenant breakers though in common things, are reckoned by the Apostle in that Catalogue of the abominations of the Gentiles: But among the people of God, where his great name is interposed, the breach of Covenant even in meaner matters, such as the setting of servants at liberty provoketh the Lord to say, Behold I proclaim a liberty for you (saith the Lord) to the sword, to the pestilence, and to the famine, and I will give the men that hath transgressed my Covenant, and (not excepting, but expresly mentioning Princes) he addes, I will give them into the hands of their enemies. The History of the Gibeonites, who surreptitiously procured the Covenant made to spare them, and whom Saul some ages thereafter in his zeal to the children of Israel and Judah sought to slay, as being cursed Canaanites, evidenceth with what vengeance, the Lord followeth Covenant-breakers, whereof there wants not in prophane History also both forreign and domestick examples; Therefore let all the inhabitants of the Land of whatsoever rank, seriously ponder how terrible judgements the violation of a Covenant so recently, so advisedly, so solemnly made, and in so weighty matters, may draw on, if not timously prevented by speedy repentance.

II. That they so respect and honour Authority as that they be not the servants of men, nor give obedience to the will and authority of Rulers in any thing which may not consist with the word of God, but stand fast in the liberty wherewith Christ hath made them free, and obey God rather then men. III. That they carefully avoid the dangerous rocks and snares of this time, whereby so many are taken and broken.

Upon the one hand the sowre leaven of Malignancy where ever it enters, spoileth and corrupteth the whole lump, post-poning Religion, and the Cause of God to humane interest, what ever be pretended to the contrary, and obstructing the work of Reformation, and propagation of Religion out of false respects and creature interest. As this hath formerly abounded in the land, to the prejudice of the Cause and Work of God, so of late it is revived, spreading with specious pretences of vindicating wrongs done to his Majesty. We desire not to be mistaken, as if respect and love to his Majesty were branded with the infamous mark of Malignancy; But hereby we warn all who would not come under this foul stain, not onely in their speech and profession, but really and in their whole carriage not to prefer their own, and the interest of any creature whatsoever, before the interest of Christ and Religion. The characters of these have been fully given in former Declarations, specially in the Declaration of the Commissioners of the Generall Assembly in March last, which we hold as here repeated; onely adding this, that they ordinarily traduce Kirk Judicatures, as medling with civill affairs, which as it is no new calumny, but such as hath been cast upon the servants of God in former times; so the whole course of proceedings doth manifestly confute the same.

Upon the other hand Sectarisme hath no lesse hindered the blessed and glorious work of Reformation in our neighbour Kingdom, against the venome whereof, lest it approach and infect this Kirk, we have need to watch diligently to avoid all the beginnings and dangerous appearances thereof. The many faithfull testimonies from godly Ministers in severall parts of England, against the vile errours, and abominable blasphemies abounding there, as they are to us matter of rejoycing before the Lord; so they ought to be looked on as warnings to all sorts of people, especially that regard Religion, to beware of Sathans snares, craftily set to catch their souls. And because such gangreens creep insensibly, all that love the Honour of God, and welfare of Religion, would seriously consider the following points, both by way of marks to discern, and meanes to escape the danger of this infection.

1. Whosoever are misprisers of the blessed work of Reformation established within this Land, and do not shew themselves grieved for the impediments and obstructions it hath met with in our neighbour Kingdom, these are even on the brink of this precipice, ready to tumble down in this gulf whensoever occasion is offered: All therefore that love the Lord Jesus, would stir up their hearts in the light and strength of the Lord highly to prize, and thankfully to acknowledge what the right hand of the most High hath done among us, as also to thirst fervently after the advancing and perfecting of the Lords work among our neighbours.

2. Dis-respect to the publick Ministery and Ordinances is a symptome of a dangerous inclination to that disease: And therefore as all Christs Ministers ought to stir up themselves, to walk as becometh their high and holy calling, lest they be stumbling blocks to the people of God; so also all the people of God ought most carefully to stir up themselves unto a precious estimation of the Ordinances of God, and highly to esteem the Stewards thereof for their works sake. A duty at all times needfull, but now especially, when Sathan by all means endeavours the contrary.

3. Indifferency in points of Religion, and pleading for Toleration to themselves or others how far soever different among themselves, is not to be forgotten among the characters of Sectaries, and therefore ought the more carefully to be avoided and opposed by all who desire to hold fast the profession of their faith without wavering.

4. They who are glorying in, and seeking after new lights, or under the pretext of them are self-conceited in singular opinions, or who affect new and strange expressions, are entring into the snare ready to be carried about with every winde of Doctrine. And therefore albeit we ought always as Disciples of the Lord to set our selves as in his sight to be taught by his Spirit according to his Word, yet in this time so fertil of errours, it becometh all the lovers of truth to hold fast what they have received, that no man take their Crown.

5. Whosoever brings in any opinion or practise in this Kirk contrary to the Confession of Faith, Directory of Worship or Presbyterian Government may be justly esteemed to be opening the door to Schisme and Sects: And therefore all depravers or misconstructers of the proceedings of Kirk-Judicatories, especially the Generall Assembly would take heed least by making a breach upon the walls of Jerusalem they make a patent way for Sectaries to enter.

6. They who separate the Spirit from the Word, and pretend the Spirit, when they have no ground or warrant from the Word, are already taken in an evil snare, And therefore tis necessary to try the Spirits whither they are of God, for many false Prophets are gone out into the world, if they speak not according to the word it is because there is no light in them.

Besides the former, these are also marks of a Sectary; If any commend, and recommend to others, or spread and divulge the erroneous books of Sectaries, If any allow, avow, or use Conventicles or private meetings forbidden by the Acts of the Generall Assembly 1641 and 1647 last past, If any be unwilling, and decline to reckon Sectaries among the enemies of the Covenant, from whom danger is to be apprehended, And (though we disallow the abusing and Idolizing of learning to the patrocinie of Errour or prejudice of piety) if any contemn literature as needlesse at best, if not also hurtfull to a Minister.

When we thus expresse our selves for preventing the dangers of Sects and Schismes, it is far from our intention to discourage any from the duties of piety, and mutuall edification, according to the directions of the last Assembly published in Print, and seriously recommended by them, or to give any advantage to Malignants and prophane persons, with whom it is frequent to cast upon all those who adhere to former principles, and cannot approve the present Engagement, the odious nick-names of Sectaries and Independents. For the better discovery of such prophane mockers, we give these markes and characters. 1. They do prophanely and tauntingly abuse the name of the Spirit, under that name deriding the work of Grace and Sanctification. 2. They esteem and speak of exercises of conscience, as fancies or fits of melancholy. 3. They mock at Family-worship and the means of mutuall edification so much recommended by the last Assembly in their directions. 4. They do usually calumniate godly Ministers, and professors who follow holinesse, with the names of Sectaries, or the like odious names, without any just cause: As we account all such to be enemies to the practise and power of godlinesse, so we do exhort all the lovers of truth to hold on in the way of holinesse through good report and ill report, being stedfast, immovable, alwayes abounding in the work of the Lord, forasmuch as they know their labour is not in vain in the Lord.

IV. That they do not concur in, nor any way assist this present Engagement, as they would not partake in other mens sins, and so receive of their plagues, but that by the grace and assistance of Christ they stedfastly resolve to suffer the rod of the wicked, and the utmost which wicked mens malice can afflict them with, rather then to put forth their hand to iniquity.

V. That they suffer not themselves to be abused with fair pretences and professions usuall in the mouths of those that carry on this designe, and often published in their Papers, But remember that the foulest actions have not wanted specious pretences; And if they who killed the Apostles did both pretend and intend to do God good service, what marvell that they who engage against the Covenant pretend to engage for it. Neither is it to be forgotten, That after the first subscription of our Nationall Covenant, these who had the chief hand in managing publick affairs, and had subscribed the Covenant, especially the Duke of Lenox, and Captain Jones then Earle of Arran, in the years 1581, 1582, 1583, 1584, when their designe was to subvert both the Doctrine and Discipline of this Kirk, yet gave great assurances by promises and Oaths to the contrary. At the Assemblies 1598, 1599, 1600, It was declared with many vows and attestation by the King, Statesmen, and these Ministers who were aspiring to Prelacy, That they intended no such thing as a change of the Government of the Kirk, or an introducing of Episcopacy, yet they were really doing what they disclaimed and professed not to do. And suppose that some who have an active hand in carrying on the present publick affairs, have no design either to destroy Religion, or utterly to sleight it: yet the way they are on, and work they are about as it is contrived, doth of its self, and in its own nature tend to the endangering, if not to the utter subversion of Religion; for it cannot be denyed, but the very undertaking of this War, sets the once suppressed Malignants on work again, and successe therein puts them in a capacity to set up according to their principles abolished and abjured corruptions; which will be the more hardly hindered, considering his Majesties propension, and professed resolution that way, Especially seeing His Majesties concessions (though it hath been often desired) have never been plainly declared unsatisfactory by the Parliament. And who in reason can think that any more then His Majesties concessions sent from the Isle of Wight will be required of him, by them who thereupon have proceeded to this Engagement. The Kings negative voice (asserted in the Papers of the Commissioners of this Kingdom unto England, which are owned in the late Declaration to the Kingdom of England, as the sense of this Kingdom) considered in relation to Religion makes the danger yet the greater and more palpable, yea, may reach further to shake and unsettle Religion established in this Land; If to the premises this be added which is not only often declared, but also demanded, That his Majestie be brought to one of his houses in Honour, Freedom and Safety, which may infer the admitting of his Majesty to the free exercise of his Royall power, before security had from him for Religion, or Application made to him for the same, who sees not now what hazard Religion runs, certainly greater then a good intention can salve.

VI. That they do not mistake, or misunderstand the nature of the true Reformed Religion, and of the Government of Jesus Christ, as if thereby either the Prerogative of Kings, Priviledges of Parliaments or Liberties of Burghs, and other Corporations were any wayes hurt or weakened: whereas indeed Religion is the main pillar and upholder of civill authority, or Magistracie, and it is the resisting, and not the receiving of the Government of Christ, which hath overturned civill powers. If the Throne be established by righteousnesse (as we are plainly taught by the Word of God) then it is overthrowne by unrighteousnesse and iniquity.

VII. That they beware of all things which may ensnare their consciences, as evil councell, evil company, false informations, rash promises, and especially that they beware of taking any Oathes, subscribing any Bonds, which may relate to the Covenant and Cause of God, unless such Oaths or Bonds be approved by the Generall Assembly or their Commissioners for the publique affairs of the Kirk.

VIII. That they do not cast away their confidence, nor sink into despair, because of the present dangers and difficulties, but live by faith, waite for better times, and continue stedfast as seeing him who is invisible, firmly beleeving that such a course as is not of God but against him, will come to naught.

IX. To remember, that as the violation of the Covenant by some in England doth not set us free from the observation thereof, and as no laws nor authority on earth can obsolve us from so solemn an obligation to the most High God (which not onely hath been professed by this Kirk but in a Petition of the City of London, and in publique Testimonies of many of the Ministery of England) So we are not acquited and assoiled from the obligation of our solemn Covenant, because of the troubles and confusions of the times; But that in the worst of times all those duties, whereunto by Covenant we oblige our selves, do still lie upon us, for we have sworn (and must perform it) concerning that Cause and Covenant wherein we solemnly Engaged, That we shall all the dayes of our lives zealously and constantly continue therein against all opposition, and promove the same according to our power against all lets, and Impediments whatsoever. And if against all lets and impediments whatsoever, then the altering of the way of opposition, or of the kinde of impediments doth not alter the nature or tye of the Covenant, but we are obliged to all the duties therein contained.

We doe also exhort and charge in Christs Name the Prince of Pastors, all the Ministers within this Kirk, that in no wayes they be accessary to this sinfull Engagement, but in all their conferences and reasoning, especially, in their publick Doctrine, they declare themselves freely, and faithfully, as they would eschew the wrath of GOD, due for a violated Covenant, and as they would escape the censures of the Kirk, and let all Presbyteries be watchful within their bounds, and carefully, wisely, and zealously to inflict Ecclesiastick censures.

Finally, we exhort all civill Judicatories, and every one intrusted with power to manage the present affairs, That they would seriously remember the strict account they are to give before the Judge of the quick and the dead, Considering deeply how fearfull a thing it is to oppresse the consciences of their brethren, either by pressing them to act where they finde no satisfactory warrant, or by putting heavy pressures upon them for not acting according to their injunctions, and especially that they offer not to insnare by new Oaths, or Bonds those that make conscience of the great Oath of their Solemn Covenant, and hitherto have proven faithfull and constant in promoving jointly all the ends thereof.

If this our faithfull warning finde favourable acceptance, so that the grievous things already enacted, be no more prosecuted and pressed, we shall blesse God who reigns in the Kingdoms and Councells of men: But if it fall out otherwise (as God forbid) we have liberate our souls of the guiltinesse of this sinfull way of Engagement, and of all the miseries that shall ensue thereby upon this Kirk and Kingdom. And shall lament before the Lord that our labours have not as yet had the desired successe. In the mean time, we dare not cast away our confidence, but trusting in the name of the Lord, and staying upon our God, shall by his grace and assistance continue stedfast in our Solemn Covenants, and faithfull in all the duties of our Calling.

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August 1, 1648. Ante Meridiem. Sess. XXII.
The Generall Assemblies Answer to the Paper sent from the Honourable Committee of Estates of the Date Iuly 28, 1648.

THE General Assembly having considered the Paper of the 28 of July, delivered to them from the Honourable Committee of Estates, Do finde that the first part thereof concerning the great Offers made by the Parliament and Committee of Estates for the security of Religion, is no other but what was fully answered in our last Paper of the 25 of July, delivered to their Lordships, wherein it was plainly demonstrate by Theologicall reasons (though their Lordships are pleased to call them Politick) that the present Engagement is inconsistent with the safety and security of Religion. Next whereas it is affirmed in their Lordships Paper, that these grounds and reasons are the same which were fully answered before, we wish it had been instanced when and where they were answered, for we know no such thing.

Another reflection upon that former Paper of ours is thus expressed, “That the Generall Assembly hath proceeded to such a Declaration before they had in an Ecclesiastick way from clear testimonies out of the word of God or convincing of our consciences, demonstrate the unlawfulnesse of the undertaking:” Where we can see no reason why it should seem so very strange to the Honourable Committee, that the Generall Assembly hath so proceeded to a Declaration of their judgement concerning this businesse. For as it hath been no unusuall thing, but very ordinary that approved Synods, both Provinciall, National, and Oecumenicall have declared their judgement, without publishing the particular grounds and reasons thereof from Scripture (a work more proper for full Tractates then for Synodicall Decrees or Cannons.) So if their Lordships had been pleased to attend (for many attended not) the late Parliament-Sermons mainly intended for their Lordships information, and had with mindes unprejudiced, hearkened thereunto, and searched into all the Papers lately published in Print by the Commission of the last Assembly, they might have been by the blessing of God convinced from the Word of God of the unlawfulnesse of the present Engagement.

There are three things which may justly seem to us more strange: One is, That the Declaration of Parliament having given assurance in this manner, “We are resolved not to ingage in any War before the necessity and lawfulnesse thereof be cleared, so as all who are wel-affected may be satisfied therewith;” yet now they have ingaged in War without any such clearing of the necessity and lawfulnesse thereof, or satisfaction given to the wel-affected.

Another is, that although there are so great professions and offers in the generall to satisfie what can be desired for the security of Religion, yet none of those particulars desired by the late Commission of the Kirk for the security of Religion have been granted. We shall here onely give instance in one of those desires, which was, that His Majesties concessions and offers concerning Religion, sent home from the Isle of Wight, having been found by the said Commission unsatisfactory and destructive to the Covenant, might be by the Parl. declared unsatisfactory to their Lordships.

In this great point there hath been no satisfaction given, onely it was lightly touched in one clause of the Parliaments Declaration, and so ambiguously expressed, as might suffer many interpretations, and although this ambiguity was clearly laid open by the Commissioners of the last Generall Assembly in their Representation; yet to this day there hath been nothing published neither by the Parliament nor Committee of Estates to give any clearer satisfaction, by disclaiming those offers and concessions as unsatisfactory to the Parliament: So that this (if there were no more) gives us great cause to apprehend that there is a greater mystery latent in that businesse then yet appeareth.

A third thing which seemeth strange to us is, That their Lordships desire of arguments from Scripture to prove the unlawfulnesse of this Engagement was not propounded to the Commissioners of the last Assembly, before the emitting of the Declaration of Parliament, and before the Levies (when it had been most orderly and seasonable) but is now propounded after publick Resolutions and Declarations, yea not till those resolutions are put in actuall execution.

However seeing their Lordships do now desire proofs from Scripture for the unlawfulnesse of the Engagement.

We answer, That as joyning and concurring in this Engagement is unlawfull to all the wel-affected in this Kingdom, their consciences being altogether unsatisfied in the lawfulnesse thereof; and as it is unlawfull in the manner of putting it in execution, being accompanied with so many injuries, oppressions, and crying abominations, and with so much persecution of piety; so it is unlawfull in the own nature of it, and as it is stated upon the grounds of the Declarations of Parliament, and Committee of Estates. And this unlawfulnesse of the Engagement in it self, we have demonstrate in the Declaration herewith communicate to their Lordships, unto which we remit them for satisfaction in that point, and do not doubt but their Lordships may be convinced thereby of the evil of their way, and that it is so far from being a pious and necessary Engagement (as their Lordships are pleased to call it) that it is a most unlawfull and sinfull Engagement to be repented of, and forsaken by all that have any hand in it, as they desire to make their peace with God. And we heartily wish that their Lordships subsequent proceedings may be reall testimonies, that their calling for Scripture proofs was from a reall desire to be informed and edified.

As to their Lordships other desire of our demonstrating from the Word of God, that the Kirk hath interest in the undertakings and Engagements in War, and what that interest is, We had thought this point to be without controversie in this Kingdom, not onely in respect of Kirk and State, their joyning and co-operating (each in their proper sphere, in the former Expeditions of this Kingdom into England, but also because the very Conferences which have been between Committees of Kirk and State concerning this undertaking and Engagement, doth plainly suppose an interest of the Kirk in such affairs.

If their Lordships mean any politick interest in such undertakings, we claim no such thing, if the meaning be of a Spirituall interest and so far as concerneth the point of Conscience, there can be no doubt thereof made by such as do with David make the testimonies of the Lord their Counsellors, Psalm 119, 24. And consult with God as he used to do in undertaking War: It is also to be remembred that Joshua and all the Congregation of Israel were commanded to go out and in at the word of Eliazer the Priest, who was to aske councell of the Lord for them, Numb. 27, 28. Hath not the Word of God prescribed to the Christian Magistrate the Rules of a lawfull War, And doth it not belong to particular Ministers, much more to the Assemblies of the Kirk, to declare the minde of God from Scripture, for all sorts of duties, and against all sorts of sins. And if the present War be a case of conscience, and alledged to be the most fit and necessary means for preservation of Religion, who seeth not that the Kirk hath an undoubted interest in resolving and determining such a case of Conscience from the word of God. This we shall onely adde, that whereas in the Parliaments Letter to the Presbyteries three instances were adduced by way of reflection upon the proceedings of the late Commission, as medling with Civill matters in which they had no Interest, The Commission did in their Printed Vindication so clear from Scripturall grounds their Interest in such things, as their Lordships might have been easily satisfied in that point. We shall here onely mention one passage containing a good and safe rule for such Cases, The Duties of the second Table, as well as of the first, as namely, The Duties between King and Subject, Parents and Children, Husbands and Wives, Masters and Servants, and the like being contained in, and to be taught and cleared from the Word of God, are in that respect, and so far as concerneth the point of Conscience, a subject of Ministeriall Doctrine, and in difficult cases a subject of cognizance and Judgement, to the Assemblies of the Kirk.

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Eodem die, Post Meridiem. Sess. XXIII.
A Declaration and Exhortation of the Generall Assembly of the Church of Scotland, to their Brethren of England.

AS the necessity of preserving a right understanding and mutuall confidence betwixt the Churches of Christ in both Kingdoms constrains us, so the good acceptance and the suitable affections that the Declaration of the last Generall Assembly met with in England from the Lovers of the Covenant and present Reformation, together with the many Testimonies that have of late been given unto the Truth in that Land, invites and incourages us to make known unto our Brethren there, our sense of the present condition of publick affairs, so far as concerns Religion and the point of Conscience.

The dispensation of God in ruling of the Nations, and in the revolutions of his Providence towards them, is full of wonder in all the earth; And we, who live in this Island, have cause to look upon it with speciall observation, in regard of that which concerns our selves. For many generations these two Kingdoms stood at odds and were the instruments of many sufferings and calamities one to another, untill at last the Lord having compassion upon both, did unite them under one King; which great and long desired Blessing hath received such increase from our being united together in one League and Covenant as doth adde much to the good and happinesse of both Nations: Therefore is it to be looked upon by all the Lovers of Truth and Peace in these Lands as a just ground of much thanksgiving and many praises unto God, even in the day of our greatest calamity and affliction what ever befall, as we know no cause why we should forget so great a mercy or repent of so good a work.

But as the common Enemies of these Kingdoms studied by all means to keep them from entring into that Covenant, so hath all their power and policy, now, for five years past, been imployed to bring it to nought: As soon as it had being the Popish, Prelaticall and Malignant Party did bend all their forces against it; and when by the mighty hand of God they were scattered and brought to confusion, in their stead stood up in England a generation who have perverted the Truth, and by turning aside into Errour have obstructed the work of Reformation; and by forsaking of the Covenant, and forgetting of the Oath of GOD, have brought a great reproach upon his Name, and made the Enemy to blaspheme; whose unthankfulnesse and unstedfastnesse, with the many provocations of these Lands, hath provoked the Lord again to raise out of the dust the horn of Malignants, and to arm them with such power as is terrible to his People, and threatens his Work with ruine. And albeit, we acknowledge our selves bound and are still resolved to preserve and defend his Majesties Person and Authority in the preservation and defence of the true Religion and Liberties of the Kingdoms: Yet it is unto us matter of very great sorrow and grief that so many in our Land should so far joyn in Malignant Designes, and that there should be found amongst us who have undertaken and are now putting in execution an unlawfull War for promoving their ends and opposing and making void (so far as in them lies) the Ends of the Covenant: Neverthelesse in this we cannot but rejoyce that they went not without a Witnesse and a Warning disswading them to go.

And we desire our Brethren of England to know, that as a very considerable number of the Members of the Parliament did dissent from and protest against the proceedings of the major part in reference to this Engagement, so all the particular Synods and Presbyteries in this Kingdom, excepting some few, who by reason of their remotenesse and shortnesse of time had not the opportunity, have most harmoniously joyned with and seconded the Desires of the Commissioners of the Generall Assembly for preventing so unlawfull a War: And now the Commissioners out of all the Provinces conveened in this Nationall Assembly, as after an exact examination they have unanimously approved the proceedings of the Commissioners of the former Assembly against that Engagement; so have they emitted a Declaration to all the People of GOD in this Land, shewing it to be contrary to GODS Word and to the Solemn League and Covenant. Neither have Ministers onely by their preaching, and Kirk Judicatories by their Petitions and Declarations given testimony against it; but many others in this Land also by supplicating the High and Honourable Court of Parliament for satisfaction to their Consciences thereanent: and when it could not be obtained, many have chosen rather to suffer the spoiling of their goods with joy, then to sin against GOD by complying with an evil course. And many of the Officers of our former Army, who are of speciall note for their good carriage and deserving in the Cause of GOD, have rather choosed to quit their charges then to joyn in it: Nay, the wel-affected, both Ministers and People, as they do bear testimony against it before men, so groan under it before GOD. So that this character may justly be put upon it by all who shall speak of it now or in after Ages, That as it is a foul breach of the Covenant under a pretence and profession of being for the ends of the Covenant, so being carryed on against the Consciences of the people, and contrary to the most harmonious and universall Testimonies of many Presbyteries and Synods that have been given against it, it is a sinning with many Witnesses. A paralell will hardly be found in this or in any other Land wherein a publick sinfull course hath been carried on with so high a hand against the Consciences of the People of God, and against so many Warnings of the Servants of GOD, and generall opposition from the Judicatories of the Kirk; which yet is the less to be wondred at, because the greatest part of those who have been most active in contriving and carrying on of the same, were either once open Enemies, or always secret underminers, or indifferent and neutrall in the Cause of God.

But whatsoever be the falling away of such, we shall desire and do expect that our Brethren in England, who continue faithfull, may rest confident of the generality of all such of this Kingdom as were at first active in promoting the Covenant and Work of Reformation, that they are also still faithfull in adhering thereunto, and walking after their former principles do resolve to abide stedfast and to hold fast the bands of Brotherhood and union between these Kingdoms: Neither are we lesse confident of the like Resolutions and Affections of our Brethren in England: The many Testimonies which the Truth and Cause of Christ, the Covenant and Presbyteriall Government have lately received from that cloud of Witnesses of the Ministery in severall Provinces and Counties of that Kingdom, after the example of the worthy Ministery of the City of London against the Errours of Independency, Anabaptism, Antinomianism, Arminianism, Socinianism, Familism, Libertinism, Sceptism, Erastianism, and other new and dangerous Doctrines spred and received amongst many in that Nation; As they are unto us matter of great praise and hearty thanksgiving unto GOD, so also an evidence of the stedfastness of many in England, and a token for good, and a wide door of hope that the Lord will perfect his work and bring forth the headstone of his House in that Land. It shall be the wisdom of each Nation to keep the golden path of truth and righteousnesse betwixt the crooked and corrupt wayes of Malignants upon the one hand and Sectaries upon the other, and for each of the Nations so to look upon another, as to distinguish betwixt the prevalent part and the better part, and betwixt friends and foes.

We conceive it to be high time for both Nations to search and try their ways and turn again to the Lord, that he who wounded us may heal us, and he who hath broken us may binde us up. The sin of both hath been the departing from the rule of the Covenant, and that we did not trust God for the perfecting of his Work, walking by the rule of piety, but took our selves to humane policies, and endeavoured to carry it on by carnall and worldly means. For as Scotland did too much connive at and comply with Malignants, which is the immediate and neerest cause of all our present troubles and distractions; so England neglecting to hold fast the truth and to submit themselves to the Government of Jesus Christ, so clearly held forth by the pious and learned Assembly of Divines, did connive at many abominable Blasphemies and Errours, and complying with Sectaries, gave way to their wicked Toleration: Neither is it the least part of the sin of both Lands; that they have more minded the outward then the inward Reformation, the erecting of the outward Fabrick of GODS House, then the providing furniture for it by advancing the power of the Gospel, that his glory may be seen in his Temple. Because of these things is there great wrath from the Lord against these Kingdoms, and his controversie shall be continued untill we really turn away from our crooked paths. Therefore as we wish that none of this Land may flatter themselves in their evil wayes, but repent and amend; so we desire our Brethren of England to consider what hath been the bitter fruits of their slow progresse in and neglect of the Work of Reformation, and of their connivance at and complying with Sectaries, and to do no more so, but that whatsoever is commanded by the God of heaven, it be diligently done for the House of the God of heaven.

We trust that the Parliament of England will be wise to remember and consider the great mercies of God towards them in delivering them from all their Enemies, and the many opportunities put into their hands for advancing and establishing the work of Reformation; for neglect whereof God hath now again threatened to lift up their Enemies above them, that he may once more prove what they will do for his Name, and for setling the order of his House. God forbid that they should run from one extream to another, from compliance with Sectaries to compliance with Malignants, and hearken to terms of an unsafe and sinfull Peace, We cannot but abhor the purposes of any who minde the subversion of Monarchical Government, which we heartily wish to be preserved and continued in his Majesties Person, and Posterity; and we do no lesse dislike the Practises of those who deal so hardly with his Majesties Person, earnestly desiring that he were in the condition he was into by the advice of both Kingdoms before he was taken away by a party of Sir Thomas Fairfax Army; nor are we against the restoring of the King to the exercise of his power in a right order and way. Yet considering what great expence of blood and pains these Kingdoms have been at for maintaining their just Liberties and bringing the Work of Reformation this length; And considering his Majesties great aversnesse from setling Reformation of Religion, and his adhering still to Episcopacy; We trust that security will be demanded and had from his Majesty for Religion, before he be brought to one of his Houses in or neer about London, with Honour, Freedom and safety. And considering of what importance the Solemn League and Covenant is unto all the interests of both Kingdoms concerning their Religion, Liberties and Peace, to make an agreement without establishing of it, were not only to rob these Nations of the blessings they have already attained by it, but to open a door to let in all the corruptions that have been formerly in the Kirks of God in these Lands, and all the abuses and usurpations that have been in the Civill Government, and again to divide these two Kingdoms that are now so happily united and conjoyned: And therefore as we wish that all mis-understandings betwixt the Nations, and betwixt the King and his people may be removed, that there may be a happy and lasting Peace, so that there may be no agreement without establishing and enjoyning the Covenant in all these three Kingdoms; and that for this end God would give wisdom to all that are intrusted in the managing of publick affairs that they may seasonably discover and carefully avoid all snares which may be laid either by Sectaries, or Malignants, or both, under colour of a Treaty of Peace. And we are confident, through the Lord, that all the obstructions and oppositions, by which his work has been retarded and interrupted in this Island, shall not onely be taken out of the way, but shall turn to the advantage and furtherance of it at last. The onely wise God can and will bring about his holy purposes by unlikely, yea by contrary means: And God forbid that either our Brethren of England or our selves should give way to despondency of spirit, and cast away the hopes of that so much prayed for and so much wished for Reformation of Religion, and Uniformity in all the parts thereof according to the Covenant: And now it is our hearts desire and prayer to God, that amidst the many trials and tentations of these times, none of the servants of God and witnesses of Jesus Christ may be deserted, or left to themselves to comply either with the Malignant party upon the one hand, or with Sectaries upon the other. Brethren pray for us, and the God of all grace, who hath called us unto his eternal glory, after that ye have suffered a while, make you perfect, stablish, strengthen and settle you.

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August, 2, 1648. Ante Meridiem. Sess. XXIV.
Answer to the Letter of the Reverend Assembly of Divines in England.

Right Honourable, Right Reverend and
Wel-beloved in our Lord,

WE cease not to give thanks to the Father of our Lord Jesus, by whose strength you keep the Word of his patience now in these times, when many depart from the Faith, giving heed to seducing Spirits; As also, that he who hath founded Zion, hath been pleased, by our Covenant sworn to the most high God, to lay the hopefull foundation of a glorious Work in these three Kingdoms, to unite his People therein, as one stick in the hand of the LORD.

We cannot but acknowledge to the Honour and Glory of the Lord, Wonderfull in counsell and excellent in working, that hee hath strongly united the spirits of all the godly in this Kingdom, and of his Servants in the Ministery, first in the severall Presbyteries and Synods, and now in this Nationall Assembly, in an unanimous and constant adhering to our first Principles and the Solemn League and Covenant, And particularly in giving a testimony against the present unlawfull Engagement in War: Yet it seemeth good to the LORD who hath his Fire in Zion and Furnace in Jerusalem, for the purging of the vessels of his house to suffer many adversaries to arise with violence to obstruct and stop this great and effectuall door, which the Lord hath opened unto us. But we know that he openeth, and no man shutteth, and shutteth, and no man openeth: yea, he will cause them who say they are for the Covenant and are not, but are Enemies thereto, and do associate with Malignants or Sectaries, to acknowledge that God hath loved us, and that his truth is in us and with us. And now dearly beloved, seeing the Lord hath kept you together so many years, when the battel of the Warriour hath been with confused noise, and garments rolled in blood, the Lord also sitting as a refiner to purifie the Sons of Levi, and blessing you with unity and soundnesse in the Faith, we are confident you will not cease to give a publick testimony for Christ, both against Sectaries and all Seducers, who prophecie lies in the name of the LORD, and against Malignants and Incendiaries (the Prelaticall and Popish Faction) who now again bestir themselves to hold up the rotten and tottering throne of Antichrist, and are (whatever they pretend) the reall enemies of Reformation: As also, that as the Embassadors of Jesus Christ and his Watchmen, you will give seasonable warning to the Honourable Houses of Parliament, that now (after the losse of the opportunity of so many years) they would, in their places, repair the House of the LORD, that lyeth so long desolate, and promove the work of Reformation and Uniformity according to the Covenant.

For if the Honourable Houses of Parliament had timely made use of that power, which God had put in their hands for suppressing of Sectaries, and had taken a speedy course for setling of Presbyteriall Government, (a speciall and effectuall means appointed by God to purge his Church from all scandals in Doctrine and Practise) Then had not the insolencie of that party arisen to such a height, as to give occasion to the Malignants of both Kingdoms to justifie and blesse themselves in their old opposition to the work of Reformation, and to encourage one another, to new and more dangerous attempts; Neither had the Malignant party ever grown so strong in this Kingdom, if the Sectaries had not been connived at in England; For their prime pretence (for their present rising in Armes) is, that they may suppress the Sectaries, and vindicate the King from that base condition, unto which he is brought by that party: Yet these do not wisely, nor well, who avoiding or opposing Sectarisme, split themselves upon the rock of Malignancy, and by taking that party by the hand now, do own all the cruelty, bloodshed and other ungodly and unjust Acts, which they have done since the beginning of this Reformation. And as we take thankfully your testimony of our steiring so steady and even a course between the dangerous rocks of Prophanesse and Malignancy on the one hand, and of Errour, Schisme, Heresie and Blaspheme on the other hand; So we trust ye will not cease to give testimony against both these evils, and represent the same to the Honourable Houses of Parliament, as you shall have fit occasion; And that you will gravely warne your dissenting Brethren what a door they keep open for Errors and Heresies, by their tenet of Independency; Whereby they leave no means of Authoritative Ecclesiastick Suppression of Errours; If an Independent Congregation will please to own them. We also are confident that you will be remembrancers to that famous City of London, and the whole Kingdom, of their Engagement to the LORD, in the Solemn League and Covenant: Nor will we suffer our selves to believe that the wel-affected in the Houses of Parliament, In the City of London, and throughout that whole Kingdom will agree or harken to the motions of any such Treaty of Peace, as leaves out the best security for Religion, the Cause of GOD, and the Solemn League and Covenant. Thus desiring the continuance of your Prayers to God for us, in this hour of temptation; and promising (through his grace and strength) to continue in prayers for you, We commit you to the infinite Wisdom, Power, Goodnesse, and Faithfulnesse of our blessed GOD and Father in Christ, in whom we are,

Your very loving and affectionate Brethren
to serve you,

The Ministers and Elders conveened in the General Assembly of the Kirk of Scotland.

2 August, 1648.
Direct,

To the Right Honourable, and Right Reverend the Assembly of Divines in England now assembled at Westminster.

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Eodem die, Post Meridiem. Sess. XXV.
The Humble Supplication of the Generall Assembly, To the Right Honourable the Committee of Estates.

WHEREAS the High and Honourable Court of Parliament and your Lordships were pleased to injoyn the subscription of a Declaration and Band of the date June 10, 1648. And we having found after such examination and tryall, as is competent to the Servants of GOD in an Ecclesiastick way, that the same is a snare to the Consciences of the People of GOD in this Land to involve them in guiltinesse, and to draw them from their former principles and Vows in the Solemn League and Covenant, as doth more fully appear in our Act concerning the same herewith presented unto your Lordships. Therefore from our zeal to the glory of GOD and tender care of the souls committed unto us, and for our exoneration, As we do seriously exhort that your Lordships would be sensible of the guilt that you have already brought upon your selves and others, by injoyning and urging that subscription, So we do earnestly and in the bowels of Jesus Christ intreat, That your Lordships would take such order and course as that it may be no further pressed upon the people of GOD throughout the Land.

And because the people groan under the violence and oppression of Officers and Souldiers in their Quarterings or otherwise throughout all the corners of the Countrey (which as it hath asscended into the ears of the Lord of Hosts, so we doubt not but it is come to your knowledge) We conceive it to be incumbent to us to represent the same to your Lordships, beseeching and obtesting you that as you would not desire that the Lord should visit because of these things, you would think upon an effectuall remedy for punishing and redressing what is past, and preventing the like in time coming.

And whereas by an Act and inhibition of your Lordships, The Liberty of Printing being one of the Kirks Priviledges confirmed by Parliament is restrained, Therefore we intreat that the inhibition upon the Printers may be taken off.

And now having condiscendcd upon a Declaration to all the Members of this Kirk concerning present dangers and duties, We do in all humility offer the same to your Lordships (together with our Answer to the Paper last sent to us from your Lordships) professing in the sight of GOD (whose Servants we are) that we have walked herein according to the rule of his Word, and have nothing before our eyes but his Glory, and the well of his People; And therefore intreats your Lordships, that you would seriously ponder the same without prejudice, and as you desire to be comforted in the day of your accompts, to make right use of the light that is holden forth therein from Gods Word.

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August 3, 1648. Ante Meridiem. Sess. XXVI.
Act for censuring Ministers for their silence, and not speaking to the corruptions of the time.

THE Generall Assembly, taking to their serious consideration, the great scandals which have lately encreased, partly through some Ministers their reserving and not declaring of themselves against the prevalent sins of the times, partly through the spite, Malignity, and insolency of others against such Ministers as have faithfully and freely reproved the Sins of the times without respect of persons, Do therefore for preventing and removing such scandals hereafter, Appoint and Ordain, that every Minister do by the word of Wisdom apply his Doctrine faithfully against the publick Sins and Corruptions of these times, and particularly against the Sins and Scandals in that Congregation wherein he lives, according to the Act of the Generall Assembly 1596, revived by the Assembly at Glasgow 1638. Appointing that such as shall be found not applying their Doctrine to corruptions, which is the Pastorall gift, cold, and wanting of Spirituall zeal, flatterers and dissembling of publick sins, and especially of great Personages in their Congregations, that all such persons be censured according to the degree of their faults and continuing therein be deprived; And according to the Act of the Generall Assembly 1646, Sess. 10, That beside all other scandals, silence, or ambiguous speaking in the publike Cause, much more detracting and disaffected speeches be seasonably censured: As therefore the Errours and exorbitancies of Sectaries in England are not to be passed in silence, but plain warning to be given of the danger of so near a contagion, that people may beware of it, and such as neglect this duty to be Censured by their Presbyteries, So it is thought fit and Appointed by the Assembly, conform to the foresaid Acts, That the main current of applications in Sermons may run along against the evils that prevail at home, and namely against the contempt of the Word, against all profanesse, against the present defection from the League and Covenant, against the unlawfull Engagement in War, against the unlawfull Band and Declaration of the date of the 10 of June ordained to be subscribed by all the Subjects, and other unjust Decrees established by Law, against the Plots and Practices of Malignants, and against the Principles and Tenents of Erastianism, which spread among divers in this Kingdom; For the better confutation whereof, it is hereby Recommended to the Ministery to study that point of controversie well, that they may be the more able to stop the mouths of gainsayers: Tis also hereby Recommended to the severall Presbyteries and Provinciall Synods, that they make speciall enquiry and triall concerning all the Ministery in their bounds, And if any be found too sparing generall, or ambiguous in the foresaid applications and reproofs that they be sharply rebuked, dealt with, and warned to amend under the pain of suspension from their Ministery; And if after such warning given they amend not, that such be suspended by Presbyteries, and in case of their negligence by the Synods till the next Generall Assembly; But if there be any, who do neglect and omit such applications and reproofs, and continue in such negligence after admonition and dealing with them, they are to be cited, and after due triall of the offence to be deposed, for being pleasers of men rather then servants of Christ, for giving themselves to a detestable indifferency or neutrality in the Cause of God, and for defrauding the souls of people, yea for being highly guilty of the blood of souls in not giving them warning: Much more are such Ministers to be censured with Deposition from their Ministry who preach for the lawfulnes or pray for the success of the present unlawfull Engagement, or that go along with the Army themselves, or who subscribe any Bands or take any Oaths not approved by the General Assembly or their Commissioners, or by their counsel, countenance or approbation make themselves accessory to the taking of such Bands and Oaths by others: It is to be understood that if any Minister preach in defence of or pray for the successe to the Sectaries in England, he is likewayes to be censured by deposition. And this we adde as a generall rule to be observed on both hands, but not as if we had found any of the Ministery of this Kingdom to be favourers of the Sectaries in England.

And in case any Minister for his freedom in preaching, and faithfull discharge of his conscience shall be in the face of the Congregation or elsewhere upbraided, railed at, mocked, or threatened, or if any injury or violence be done to his person, or any stop and disturbance made to him in the exercise of his Ministeriall calling, The Presbyterie of the bounds shall forthwith enter in processe with the offender, and whoever he be Charge him to satisfie the Discipline of the Kirk by publick Repentance, which if any do not, or refuse to do, That then the Presbyterie proceed to Excommunication against him; In all which Presbyteries and Synods are to give an account of their diligence: And the Assembly Appoints this Act to be intimate in the several Congregations of this Kirk.

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August 4, 1648. Post Meridiem. Sees. XXIX.
Overtures concerning the education of the Hie-land Boys in the Province of Argyle.

THIS day the report following being made from the Committee concerning the education of Hie-land Boys in Argyle, viz.

“The Committee considering the Bill remitted by the Generall Assembly to us concerning the Hie-land Boys (who are given up to be fourty in number of good spirits and approven by the Province of Argyle) Do humbly think that four of them who are ready for the Colledge should be recommended to the Universities to get Burses on in every Colledge. As for the rest of the 40. who are to be brought up at Grammar Schools, The Committee thinks that if the said Boys should be scattered through the Kingdom they should lose the Irish language, and so the Assembly shall fail of their purpose to make them usefull for the Hie-lands: And therefore do humbly conceive that it were fitting that every Congregation pay yearly fourty shillings Scots for maintaining the said Boys at Schools in Glasgow, or in other places where many of them may be together accepted of, and that the money be brought in yearly to the Generall Assembly by the Commissioners of Presbyteries, and that Presbyteries augment or diminish the said proportion according to the ability of every Congregation.”

The Assembly having considered the foresaid Report, Approves the first Overture, And recommends Colin Campbell to the University of Aberdeen, Duncan Campbell to Edinburgh, Patrick Campbell to Glasgow, Zachary Maccullum to St Leonards Colledge in St Andrews: As also Approve the second Overture, seriously Recommending to Presbyteries, That the said fourty shillings be collected carefully and sent to Glasgow, And the Ministers of Glasgow shall appoint some sufficient man in that Town to receive the said Collection from Presbyteries, And to take charge of the boording and entertainment of the saids Boys in Glasgow at Schooles, and they shall send in the names of the Boys with a Certificate of their proficiency yearly to the Generall Assembly: And this Collection shall onely endure for the space of twelve years.

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August 5, 1648. Ante Meridiem. Sess. XXX.
Explanation of the fifth Article of the Overtures concerning Appeals past in the Assembly, 1643.

THE Generall Assembly for clearing the sense of the fifth Article of the Overtures concerning Appeals in the Assembly, 1643, Sess. 2, Do Declare that if Appellations, Post latam sententiam be not presented to the Judicatory when the sentence is pronounced: The party shall then immediately after the sentence protest for liberty of Appeal, as he shall see cause; And accordingly within ten dayes shall give in his Appeal in writ under his hand, either to the Judicatory or the Moderator thereof, otherwise the Appeal is not to be respected.

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Eodem die, 1648. Ante Meridiem. Sess. XXX.
Act discharging deposed or suspended Ministers from any exercise of the Ministery, or medling with the stipend.

THE Generall Assembly considering that according to the ancient practise and order of this Kirk, the Censure of Suspension and Deposition of Ministers is both ab officio and à beneficio, as is also acknowledged by the 20 Act of the Parliament, Anno 1644, And that the continuance of suspended or deposed Ministers in the exercise of the Ministery or in the possession of their stipend hath been and ought to be accompted and censured as a great contempt of the Authority and Censures of the Kirk, Considering also that the continuance of deposed Ministers in the possession of the stipend, is a great prejudice and obstruction to the planting of the vaiking Kirk, and to the service of God there. Therefore do declare and Ordain, That whosoever after the sentence of Deposition pronounced against them, Do either exercise any part of the Ministeriall calling in the places they formerly served in, or elsewhere, or do possesse, meddle, or intromet with the stipend or other benefits whatsoever belonging to these Kirks they served at, They shall be proceeded against with Excommunication; And if any suspended Minister during his suspension, either exercise any part of the Ministeriall Calling, or intromet with the Stipend, that he be Deposed, And after deposition, continuing in either of these faults, That he be processed with Excommunication; But prejudice always to them of their stipend resting for by-gone service, and of any recompence due for building or repairing of the Manse according to the ordinary practise. And the Assembly recommends to Presbyteries seriously to be carefull of the putting of this Act in execution.

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August 7, 1648. Ante Meridiem. Sess. XXXI.
The Assemblies Declaration of the falshood and forgerie of a lying scandalous Pamphlet put forth under the name of their Reverend Brother, Master Alexander Henderson, after his death.

THE Generall Assembly of this Kirk having seen a Printed Paper, Intituled, “The Declaration of Mr Alexander Henderson principall Minister of the Word of GOD at Edinburgh and chief Commissioner from the Kirk of Scotland to the Parliament and Synod of England made upon his death-bed.” And taking into their serious consideration how many grosse lies and impudent calumnies are herein contained; Out of the tender respect which they do bear to his name (which ought to be very precious to them and all posterity, for his faithfull service in the great Work of Reformation in these Kingdoms, wherein the Lord was pleased to make him eminently instrumentall) and lest through the malice of some, and ignorance of others the said Pamphlet should gain belief among the weaker sort, They have thought fit to make known and declare concerning the same as followeth,

That after due search and tryall they do finde that their worthy brother Master Alexander Henderson did from the time of his coming from London to Newcastle till the last moment of his departure out of this life upon all occasions manifest the constancy of his judgement touching the Work of Reformation in these Kingdoms; Namely, in all his discourses and conferences with his Majesty, and with his Brethren who were employed with him in the same Trust at Newcastle, In his Letters to the Commissioners at London, and particularly in his last discourse to his Majestie at his departing from Newcastle, being very weak and greatly decayed in his Naturall strength. When he was come from Newcastle by Sea to this Kingdom, he was in such a weak worn and failed condition, as it was evident to all who saw him, that he was not able to frame any such Declaration, for he was so spent that he died within eight dayes after his arrivall; And all that he was able to speak in that time did clearly shew his judgement of, and affection to the Work of Reformation and Cause of God, to be every way the same then, that it was in the beginning and progresse thereof, as divers Reverend Brethren who visited him have declared to this Assembly, and particularly two Brethren who constantly attended him from the time he came home till his breath expired. A further testimony may be brought from a short Confession of Faith under his hand found amongst his Papers, which is expressed as his last Words, wherein among other mercies he declareth himself most of all obliged to the grace and goodnesse of God for calling him to believe the Promises of the Gospel, and for exalting him to be a Preacher of them to others, and to be a willing though weak instrument in this great and wonderfull work of Reformation, which he earnestly beseecheth the Lord to bring to a happy conclusion. Other reasons may be added from the levity of the stile and manifest absurdities contained in that Paper. Upon consideration of all which this Assembly doth condemn the said Pamphlet as forged, scandalous, and false, And further Declare the author and contriver of the same to be void of charity and a good conscience, and a grosse lyar and calumniator led by the Spirit of the accuser of the Brethren.

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Act for taking the Covenant at the first receiving of the Sacrament of the Lords Supper, and for the receiving of it also by all Students at their first entry to Colledges.

THE Generall Assembly according to former recommendations, Doth Ordain that all young Students take the Covenant at their first entry to Colledges; And that hereafter all Persons whatsoever take the Covenant at their first receiving the Sacrament of the Lords Supper: Requiring hereby Provinciall Assemblies, Presbyteries and Universities to be carefull that this Act be observed, and accompt thereof taken in the visitation of Universities and particular Kirks, and in the tryall of Presbyteries.

Eodem die, Post Meridiem. Sess. XXXII.

Act concerning Presbyteries maintaining of Bursars.

The Generall Assembly Understanding that the frequent Recommendation of preceding Assemblies for maintaining Bursars, is by many Presbyteries neglected, Do therefore Ordain Synods to crave accompt thereof from Presbyteries at every Provinciall meeting, Which with the Presbyteries answer, shall be put upon record, That so the part both of Presbyteries and Synods and their negligence or diligence in so pious a work may be known by the examination of the Provinciall books to each Generall Assembly.

August 9, 1648. Ante Meridiem. Sess. XXXV.

Act for dis-joyning the Presbytery of Zetland, from the Provinciall Synod of Orkney and Cathnes.

The General Assembly now after exact tryal, finding that the Presbytery of Zetland cannot meet with the Provincial of Cathnes and Orknay to which it was adjoyned by an Act of the Assembly 1646, Sess. 11, And that the allowance and dispensation granted in the preceding Assembly for the halfe of their number to keep the meetings of the said Provinciall cannot be observed in respect of the great distance of that Isle by sea from the land, and the dangerousness of the seas there, and of the passage through them, Therefore after hearing the parties interessed and serious deliberation of the matter, The Assembly doth hereby Dis-joyn the Presbytery of Zetland from the Provincial of Cathnes and Orknay, And Declares for these reasons, That the said Presbytery is to be hereafter subordinate immediately to the Generall Assembly, For which cause, their Commissioners are to be sent to each Generall Assembly the more carefully, And it is hereby Recommended to them that they send to the next Assembly a particular information of the quality and condition of all their Kirks according to the direction of the act of the preceding Assembly Sess. 27, Entituled an act for pressing and furthering the planting of Kirks.

Aug. 10, 1648. Post Meridiem. Sess. XXXVIII.

Overtures for the Remedies of the grievous and common Sins of the Land in this present time.

The Sins of the Land and the Causes and occasions thereof being considered, The following Remedies of these Sins were propounded.

Civill Remedies.

For the present, untill the Overtures prepared to be presented to the Parliament, It is to be Recommended to every Congregation to make use of the 9 Act of the Parliament 1645, at Perth, for having Magistrates and Justices in every Congregation, and of the 8 Act of the said Parliament against Swearing, Drinking and mocking of Piety, and all other Acts of Parliament for restraining or punishing of Vice; particularly for the better restraining of the sin of Whoredom that each Magistrate in every Congregation exact and make compt to the Session of fourty pounds for each Fornicatour and Fornicatrix, of an hundreth Merks for each one of their relapse in Fornication, of an hundreth pounds for each Adulterer and Adulteress according to express Acts of Parliament which is to be exacted of those who may pay it, and the discretion of the Magistrate is to modifie it according to the ability or inability of each Delinquent.

Domestick Remedies.

1. Let care be taken of conscionable receiving of servants, that they have testimonials of their honest behaviour: And let all such as give testimonials take heed that these to whom they give them, be free of scolding, swearing, lying and such like more common sins, as well as fornication, adultery, drunkennesse and other grosse and hainous evils; let the ordinary time of giving Testimonials be in face of Session: And if an extraordinary exigent be: let it be given by the Minister with consent of the elder of the bounds, wherein the person craving the Testimoniall hath resided; If they have fallen or relapsed in scandalous sins, let their Testimoniall bear both their fall and Repentance.

2. Let care be had that the Worship of God be practised, and Discipline exercised in Families, according to the Directory for Family Worship in all things as was appointed in the General Assembly 1647, especially in the Ministers constant Catechizing of the Family, and in the performance of the Duties of the Sabbath by all the members thereof.

3. Let persons to be married and who have children to be baptized, who are very rude and ignorant, be stirred up and exhorted, as at all times, so especially at that time, to attain some measure of Christian knowledge in the grounds of Religion, that they may give to the Minister, before the Elder of the Bounds wherein they live, some accompt of their knowledge, that so they may the better teach their family and train up their children.

4. Let every family that hath any in it that can read, have a Bible and a Psalm-Book, and make use of them; and where none can read, let them be stirred up to traine up their children in reading, and use any other good remedie the Minister and Session can fall on.

Generall Ecclesiastick Remedies.

1. Let the Remedies which were given at Perth 1645, and are mentioned in the Generall Assembly 1646, anent the Sins of Ministers be put in execution.

2. Let suspension from the Lords Sacrament be more carefully executed.

3. Let persons relapse in Adultery (or above) quadrilapse in Fornication (or above) or often guilty of other grosser scandals, be Excommunicat somewhat more summarly nor in an ordinary processe (except there be more nor ordinary signes, and an eminent measure of Repentance made known to the Session and Presbyterie) both for the hainousness of the Sins and continuance therein, and also for terrour to others; And these not to be relaxed from the sentence of Excommunication without evidence, and undeniable signes of Repentance.

4. Let unpartiall proceeding be used against men of all quality, for their scandalous walking, and in particular for drunkennesse, swearing, and other scandalous sins. And this to be tryed at the Visitation of Kirks.

Particular Ecclesiastick Remedies: and I. against Ignorance.

1. Let Ministers Catechize one day every week (whereon also they may Baptize and Lecture or Preach) and let them Preach every Lords Day both before and after noon, according to former Acts of Generall Assemblies, Let Presbyteries and Synods be very carefull of this; And let every Provinciall Book, contain an exact accompt thereof.

2. Let Ministers examine all of every quality of whose knowledge they have no certain notice.

3. Let young persons be Catechized by the Minister from the time they are capable of instruction, and let them not be delayed till they be of age to Communicat.

4. Let persons grosly ignorant be debarred from the Communion; for the first and second time, let them be debarred, suppressing their names; for the third time, expressing their names; for the fourth time, bring them to publick Repentance; all this is to be understood of those that profit nothing, and labours not for knowledge: But if they be profiting in any measure, or labouring that they may profit, their case is very considerable, they ought to have more forbearance.

II. Ecclesiastick Remedies against Prophanesse.

1. Let ignorant and scandalous persons be put off, and kept off Kirk Sessions.

2. Let every Elder have a certain bounds assigned to him that he may visit the same every moneth at least, and report to the Session what scandalls and abuses are therein, or what persons have entered without Testimonials.

3. Let all scandalous persons be suspended from the Lords Supper.

4. Let the Minister deal in private with them that are professing publick Repentance before the Elder of the bounds, thus to try the evidence of their Repentance.

5. Let these who have fallen in Fornication make publick profession of Repentance three severall Sabbaths, who is guilty of relapse in Fornication six Sabbaths, who is guilty of trelapse in Fornication, or hath once fallen in Adultery 26 Sabbaths, and these sins to be confessed both in one habite, viz. in Sackloth, Quadrilapse in Fornication and relapse in Adultery, three quarters of a year, Incest or Murder a year, or 52 Sabbaths, in case the Magistrate do not his duty in punishing such crimes capitally; They that fall in Fornication or relapses therein, are first to confesse their Sin before the Session, and thereafter before the Congregation; They that are guilty of greater degrees of that Sin and of the other Sins mentioned in this Article, are to confess their Sin both before the Session and Presbyterie, and there to shew some signes of Repentance before they be brought to the Congregation.

6. Some are to be rebuked at the time of Catechizing, who deserve more nor a private reproof, and yet needs not be brought to publick Repentance.

7. It will be a good remedie against Sabbath-breaking by Carriers and Travellers, That Ministers where they dwell cause them to bring Testimonials from the place where they rested on these Lords dayes wherein they were from home.

8. Let all persons who flit from one Paroch to another have sufficient Testimonials, This is to be extended to all Gentlemen and Persons of quality and all their followers, who come to reside with their Families at Edinburgh, or elsewhere, and let the Minister from whom they flit advertise the Minister to whom they flit, if (to his knowledge) they be lying under any scandall.

9. Let Ministers be free with persons of quality for amendment of their faults, and (if need shall be) let them take help thereto of some of the Brethren of the Presbyterie.

10. Let the Presbyteries take speciall notice of Ministers who do converss frequently and familiarly with Malignants, and with scandalous and prophane persons, especially such as belong to other Paroches.

11. Let privie Censures of Presbyteries and Synods be performed with more Accuracie, Diligence and Zeal.

12. For better keeping of the Sabbath, let every Elder take notice of such as are within his bounds, how they keep the Kirk, how the time is spent before, betwixt, and after the time of publick Worship.

13. Let no Minister resort to any Excommunicate person without license from the Presbyterie nisi in extremis and let Ministers take speciall notice of such persons as haunt with Excommunicants, and processe them.

14. Frequent correspondence betwixt Presbyteries is a good remedie.

15. At the visitation of each Congregation, let the Session Book be well visited, and for that effect, let it be delivered to two or three Brethren seven or eight dayes before the visitation, that their report of it may be in readinesse against the day of Visitation.

The Assembly allows of all these Overtures and Remedies of the Sins of the Land; And Ordains all of them to be carefully and conscionably put in practise.

Act for examining the Paraphrase of the Psalms and other Scripturall Songs.

The Generall Assembly Appoints Rouse Paraphrase of the Psalms, with the corrections thereof now given in by the Persons appointed by the last Assembly for that purpose, to be sent to Presbyteries, That they may carefully revise and examine the same, and thereafter send them with their corrections to the Commission of this Assembly to be appointed for publick affairs, Who are to have a care to cause re-examine the Animadversions of Presbyteries, and prepare a report to the next Generall Assembly; Intimating hereby, That if Presbyteries be negligent hereof, the next Generall Assembly is to go on and take the same Paraphrase to their consideration without more delay: And the Assembly Recommends to Master John Adamson and Mr Thomas Crafurd to revise the Labours of Mr Zachary Boyd upon the other Scripturall Songs, and to prepare a report thereof to the said Commission for publick affairs, That after their examination, the same may be also reported to the next Generall Assembly.

Overtures concerning Papists, their children, and Excommunicate Persons.

The General Assembly considering the manifold inconveniences that follow upon the sending of the children of Noblemen and others of quality to Forraign Countries wherein Popery is professed, especially that thereby such children are in perill to be corrupted with Popery, and so corrupt these Families and Persons to which they belong, whereby that wicked root of damnable Idolatry, Errour and Heresie may again be occasioned to spring up and trouble many, and provoke the most High GOD to wrath, and to cause his Majestie leave this Land to strong delusions to believe lies; Therefore They Do in the name of GOD, Charge and Require all the Presbyteries of this Kingdom to observe and practise the Rules and directions which are made in former Generall Assemblies for preventing of the said fearfull inconveniences, and namely the Overtures against Papists, non-Communicants, and Profaners of the Sabbath approven in the Generall Assembly held at St Andrews in the year of God, 1642, and the Act anent children sent without the Kingdom made in the Generall Assembly at Edinburgh, Anno 1646. And that they use all diligence for putting in execution the Acts of Parliament and secret Councell made against Papists and Excommunicate Persons; And that they register their diligences thereanent in their Presbyterie Books which are summarily to be recorded in the Synod Books from time to time, That the Generall Assembly may see how these laudable Acts are put in execution, which here are presented with some necessary additions in one view.

1. That every Presbyterie give a List of all Excommunicate Papists they know to be within their bounds to the Commissioners of the Generall Assembly, and of all Papists, yea of them also who professe to have renounced Popery, but yet have their children educated abroad, with the names of these children that are abroad, according to the fifth Overture of the Generall Assembly 1642.

2. That every Presbyterie conveen at their first meeting all known Papists within their bounds, and such as having professed to renounce Popery have their children abroad, and cause them finde sufficient caution for bringing home within three moneths such of their children as are without the Kingdom, to be educated in Schools and Colledges at the Presbyteries sight if they be Minors; and to be wrought upon by gracious conference, and other means of instruction to be reclaimed from Popery if they be come to perfect age.

3. The Parents, Tutors or Friends of Children and Minors shall, before they send them without the Kingdom, first acquaint the Presbyterie where they reside, that they may have their Testimoniall directed to the Presbyterie or Classe within the Kingdom or Dominion beyond Seas whither they intend to send their Children; and at the time of these Childrens return, that they report a Testimoniall from the Presbyterie or Synod where they lived without the Kingdom, to the Presbyterie who gave them a Testimoniall at their going away, according to the Act anent Children sent without the Kingdom Anno 1646.

4. That all Presbyteries give the names of such Pædagogs as were abroad with the children of Noblemen within their bounds, and diligently enquire whether these Pædagogs do continue steadfast in the true Religion, and continue in their service, or whither these Pædagogs do either become corrupt in Religion, or (continuing constant) are removed from their charge and by whom they are removed, and that they signifie these things to the Generall Assembly from time to time or their Commissioners, That they may represent the same to the High Court of Parliament, Lords of secret Counsell or Committee of Estates, for such remedie as shall seem expedient to their Honours, for preventing of, and purging the land from the Plague of Idolatrie.

5. That such Parents, Tutors or Friends as either send away Children to forraign parts infected with Idolatry without such Testimonialls as aforesaid, or do not recall them who are already abroad within such time as is above prefixed, or do remove from them their Protestant Pædagogs (that they may the more easily be infected with Popery) be processed, and in case of not amending these things, be Excommunicated.

6. That the names of such as are Excommunicated for these or any other causes, be sent in to the Generall Assembly from year to year, that (from thence) their names may be notified in all the Kingdom, and that the Acts of Parliament and secret Counsell may be put to execution against them, and all diligence used for that effect; and that by the effectuall dealing of the Generall Assembly, with the Parliament, Lords of secret Counsell, or Committee of Estates, their Lordships may Enact such further, just and severe civill Punishment on such Excommunicants for Terror to others, as shall be found necessary for purging this Covenanted Land from all Abominations.

Because persons addicted to Idolatry will use all means for their own hardening in their Superstitious and Idolatrous way, even within the Countrey; Therefore all known Papists, or Persons suspect of Poperie upon probable grounds, are to finde Caution before their Presbyteries, for their abstinence from Masse, and from the Company of all Jesuits, and Priests according to the second Overture against Papists, made Anno 1642. Also Presbyteries are to presse them to finde such Caution; And to observe what persons put their Sons or Daughters to such Families as are tainted with Popery within the Land, the same being a speciall mean to corrupt them with Idolatry; And to cause such Parents recall their Children, or else proceed with the Censures of the Kirk against them.

All which Overtures, Presbyteries are seriously required and Ordained to observe diligently with Certification, That they shall be severely censured, If they shall be found remisse or negligent in any of these points, which are so necessary for keeping of the LORDS House and People unpoluted with Error, Idolatry, or Superstition.

Aug. 11, 1648. Ante Meridiem. Sess. XXXIX.

Act for prosecuting the Treaty for the Uniformity in Religion in the Kingdom of England.

The Generall Assembly, Taking to their consideration that the Treaty of Uniformity in Religion in all His Majesties Dominions is not yet perfected; Therefore, Renews the Power and Commission granted by preceeding Assemblies for prosecuting that Treaty unto these Persons after-named, viz. Mr Robert Dowglas, Mr Samuel Rutherford, Mr Robert Baillie, Mr George Gillespie, Ministers. And John Earle of Cassills, John Lord Balmerinoch, and Sr. Arch. Johnston of Wariston, Elders; Authorizing them with full power to prosecute the said Treaty of Uniformity with the Honourable Houses of the Parliament of England, and the Reverend Assembly of Divines there, or any Committees Appointed by them: And to do all and every thing which may advance, perfect, and bring that Treaty to an happie conclusion, conform to the Commissions given thereanent.

Act Renewing the Commission for the publick Affairs of this Kirk.

The Generall Assembly Taking to their consideration, that in respect the great work of Uniformity in Religion in all his Majesties Dominions is not yet perfected (though by the Lords blessing there is a good progress made in the same) There is a necessity of renewing the Commissions granted formerly for prosecuting and perfecting that great Work; Do Therefore Renew the Power and Commission granted for the Publick Affairs of the Kirk by the Generall Assemblies held at Saint Andrews, 1642, and at Edinburgh 1643, 1644, 1645, 1646, and 1647, unto the persons following, viz. Masters, John Lawder, Andrew Wood, David Calderwood, Robert Ker, John Mackghie, John Knox, John Sinclar, John Adamson, Robert Dowglas, George Gillespie, James Hamilton, Mungo Law, John Smith, Robert Lawrie, George Lesly, John Weir, Robert Eliot, Alexander Dickson, Patrick Fleeming, Thomas Vassie, Ephraim Melvill, Hew Kennedie, Kenneth Logie, Alexander Levistoun, George Bennet, David Weems, William Row, Robert Young, William Menzies, John Friebairne, John Givan, Harie Guthrie, Andrew Rind, David Auchterlony, Samuel Ousteen, Thomas Henderson, Charles Archibald, Andrew Lawder, John Leviston, John Macklellan, Alexander Turnbull, William Foullerton, George Hutcheson, John Genell, Patrick Colvill, James Ferguson, Hew Peebles, John Hamilton, Alexander Dunlope, David Ephiston, David Dickson, Robert Baillie, Robert Ramsay, Patrick Gillespie, Patrick Sharpe, James Nasmith, John Home, Evan Camron, Robert Blair, Samuel Rutherfurd, David Forret, Robert Traill, Andrew Bennett, Walther Greg, John Macgill younger, John Moncreiff, Fredrick Carmichaell, John Chalmers, John Duncan, Andrew Donaldson, Wil. Oliphant, George Simmer, Andrew Affleck, Arthur Granger, David Strachen, Andrew Cant, John Rew, John Paterson, Alexander Cant, John Young, John Seaton, David Lindsay at Belhelvie, Nathaniel Martine, John Annand, William Falconer, Joseph Brodie, Alexander Summer, William Chalmer, Gilbert Anderson, David Rosse, George Gray, Robert Knox, William Penman, James Guthrie, Thomas Donaldson, William Jameson, Thomas Wilkie, James Ker, John Knox, Andrew Dunncason, Ministers: Archibald Marques of Argile, Alexander Earle of Eglintoun, John Earle of Cassils, William Earle of Lothian, Archibald Lord Angus, William Lord Borthwick, John Lord Torphichen, John Lord Balmerino, Robert Lord Burly, James Lord Couper, _________ Lord Kilcudbright, Alexander Lord Elcho, Sir Archibald Johnston of Wariston, Sir John Hope of Craighall, Arthur Erskin of Scotscraig, Sir John Moncreiff of that ilk, ________ Beaton of Creigh, Sir John Wauchhope of Midrie, Sir Thomas Ruthven of Frieland, Sir George Maxwell of Netherpollock, Sir James Fraser of Brae, Sir James Hackact of Pitfirren, Sir William Carmichaell younger of that ilk, Walter Dundas younger of that ilk, Thomas Craigs of Ricarton, Mr George Winrain of Liberton, Sir Alexander Inglis of Ingliston, Alexander Brodie of that ilk, __________ Forbes of Eight, William Moore of Glanderston, John Ker of Lochtour, Alexander Pringill of Whitbank, Walther Scot of Whitslaid, John Crafurd of Crafurdland, Sir John Chisly of Carswell, Robert Monroe of Obsteall, __________ Cornwall of Bonhard, George Dundas of Dudingston, Sir Iames Stewart of Kirkfield, Mr Alexander Colvill of Blair, Mr Alexander Peirson, Mr Robert Burnet younger, Mr Thomas Murray, George Potterfield, Mr Iames Campbell, Iames Hamilton, Lawrence Henderson, Mr Robert Barclay, Mr William More, William Glendoning doctor, __________ Dowglas, Iames Sword, Gideon Iack, Mr Dougall Campbell, Iohn Boswall, Iohn Brown, Wil. Brown, Robert Brown and William Russell, Elders: Giving unto them full Power and Commission, to do all and every thing for preservation of the Established Doctrine, Discipline, Worship and Government of this Kirk, against all who shall endeavour to introduce any thing contrary thereunto, and for prosecuting, advancing, perfecting and bringing the said Work of Uniformity in Religion in all His Majesties Dominions to a happy conclusion, conform to the former Commissions granted by proceeding Assemblies thereanent, And to that effect Appoints them, or any seventeen of them, whereof thirteen shall be Ministers to meet here in this City to morrow the 12ᵗʰ of this Moneth, And thereafter upon the last Wednesday, of November, February, and May next, and upon any other day, and in any other place they shall think fit. Renewing also to the Persons before named the power contained in the Act of the Assembly 1643, Intituled “A Reference to the Commission anent the Persons designed to repair to the Kingdom of England.” And further, in case Delinquents have no constant residence in any one Presbyterie, or if Presbyteries be negligent or overawed, in these cases The Assembly gives to the persons before named, such power of censuring complyers and persons disaffected to the Covenant according to the Acts of the Assembly, Declaring alwayes and providing, that Ministers shall not be deposed, but in one of the quarterly meetings of this Commission; And further Authorises them as formerly with full power to make Supplications, Remonstrances, Declarations and Warnings to Indict Fasts and Thanksgivings as there shall be cause to Protest against all encroachments upon the Liberties of the Kirk, And to censure all such as interupt this Commission or any other Church Judicatory, or the execution of their Censures or of any other sentences or Acts issuing from them, And with full power to them to treat and determine in the matters referred unto them by this Assembly, as fully and freely as if the same were here fully expressed, and with as ample power as any Commission of any former Generall Assemblies hath had or been in use of before: Declaring also that all opposers of the authority of this Commission in matters intrusted to them shall be holden as opposers of the authority of the Generall Assembly, And this Commission in their whole proceedings are comptable to, and censurable by the next Generall Assembly.

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August 11, 1648. Post Meridiem. Sess. XL.

Exemption of Murray, Rosse, and Caithnesse from the contribution granted to the boyes of Argyle, with a Recomendation to Presbyteries, to make up what is taken of them by that exemption.

Concerning the overture and desire of the Commissioners of the Presbyteries of Murray, Rosse, and Caithnesse for an exemption from that contribution of fourty shillings, recommended for entertainment of the Irish-boyes in Argyle; The Assembly having considered thereof, and of their offer in the name of the said Presbyteries, if that exemption be granted, Do Approve their offer, And Therefore hereby Exoners the said Presbyteries of the said contribution of fourty shillings toward the entertainment of the boyes in Argyle, And Ordains for that exemption according to the offer of their said Commissioners, that each Presbyterie of the said Provinces entertaine one of the Irish language at Schooles, and if any be found already fit for Colledges, they shall maintain them at Philosophie, and so forward, untill they be fit for the Ministry: And Because by this exemption the contribution for the boyes in Argyle will be so much lessened. Therefore The Assembly Recommends to all other Presbyteries to think upon some way how by the charitable supply that may be made up unto them.

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Act concerning Collection for the Poor.

The Assembly Understanding that the collections for the poor in some Kirks in the Countrey, are taken in the time of Divine Service, which being a very great and unseemly disturbance of Divine Worship, Do Therefore hereby Inhibit and discharge the same. And Ordains that the Minister and Session appoint some other way and time for receiving the said Collections.

Recommendation for securing provisions to Ministers in Burghs.

In regard that the stipends of many Ministers in Burghs are not secured unto them and their successors; Therefore the Assembly Do seriously Recommend to the Honourable Commission of Parliament for planting of Kirks, to provide reall and valide security of competent and honest meanes to the present Ministers of Burghs and their successours, where they are not sufficiently provided or secured already; Ordaining Presbyteries to use all necessary diligence for prosecuting thereof before the said Commission for planting Kirks.

The Humble Supplication of the Generall Assembly of the Kirk of Scotland, met at Edinburgh August 12, unto the Kings Most Excellent Majestie.

Albeit your Majestie through the suggestions of evil men, may haply entertain hard thoughts of us and our Proceedings, yet the Searcher of hearts knowes, and our consciences bear record unto us, that we bear in our spirits these humble and dutifull respects to your Majestie, that loyall subjects owe to their native Soveraigne, and that it would be one of our greatest contentments upon earth, to see your Majestie reigning for the LORD, in Righteousnesse and Peace over these Nations: And therefore as we do bow our knees daily before the Throne of Grace on your behalf, and the behalf of your Posterity; So we finde our selves, as heretofore, obliged faithfully and freely to warn your Majestie of your danger and dutie; Wishing, and hoping that the LORD will incline your Royall heart, from the sence of the evil which hath befallen You, through the slighting of former Warning, to be more attentive onto this. We are very sensible of your Majesties suffering, and low condition, and do not in the least measure approve, but from our hearts abhorre any thing that hath been done to your Majesties Person, contrary to the common resolutions of both Kingdoms: Yet it shall be your Majesties wisdom, in this as in all that hath befallen you these years past, to read the righteous hand of the LORD, writing bitter things against you, as for all your Provocations, so especially for resisting his Work, and authorising by your Commissions the shedding of the blood of his People, for which it is high time to repent, that there be no more wrath against you and your Realms.

The Commission of the preceding Assembly, whose proceedings are unanimously approven by this Assembly, Having read your Majesties Letter of the date at Carisbrook Castle, December 27, And perused your Concessions, did finde some of these Concessions destructive to the Covenant, and all of them unsatisfactorie, and did therefore emit a Declaration concerning the same, least your Majesties Subjects in this Kingdom should have unawares imbarked themselves in an Engagement upon grounds not consisting with the good of Religion, and the Solemn League and Covenant. For preventing whereof, they did also present most just and necessary desires unto the high and honourable Court of Parliament of this Kingdom; which, if they had been granted, might have through the Blessing of GOD, either procured (upon Treaty) your Majesties re-establishment, and a solide Peace, or laid open the expediencie and necessity of a lawfull War, and have united this Kingdom therein for the good of Religion, of your Majestie, and of your Kingdoms. When the Parliament was pleased without satisfaction to any of these desires, to go on towards the determining of a War upon the grounds contained in their Declaration, As many of their own Members who have been faithfull in the Cause of GOD from the beginning, did dissent from their proceedings, so most of all the Presbyteries and Synods of this Kingdom, and the Committees of War in severall Shires did by humble Supplication represent to the Parliament, how unsatisfied they were in their consciences concerning the present Engagement: Notwithstanding of all which, the Engagement hath been carried on without clearing either of the lawfulnesse or necessity thereof. Therefore, We having now examined the same by the Rule of Gods Word, and having found it unlawfull, as we have warned the whole Kingdom of the danger thereof, So we hold it our Duty also to warne your Majestie as the Servants of the most High GOD, and in Name of the Lord Jesus Christ, who must Judge the quick and dead, Earnestly beseeching your Majestie that as ye would not draw new guilt upon your Majesties Throne, and make these Kingdoms again a field of Blood, you would be far from owning or having any hand in this so unlawfull an Engagement; Which as it hath already been the cause of so much sorrow and many sufferings to the People of God in this Land, who choose affliction rather then sin, So it tendeth to the undoing of the Covenant and Work of Reformation: As we do not oppose the restitution of your Majestie to the exercise of your Royall Power; So we must needs desire that that which is GODS be given unto Him in the first place, and that Religion may be secured before the setling of any humane interest; Being confident that this way is not only most for the Honour of GOD, but also for your Majesties Honor and Safety. And therefore as it was one of our Desires to the High and Honourable Court of Parliament that they would solicite your Majestie for securing of Religion, and establishing the Solemn League and Covenant in all your Dominions, that your Majestie might know that what they intend on your behalf was with a subordination to Religion; So we do now from our selves make this humble address unto your Majestie, intreating your Majestie as you tender Truth and Peace, you would be pleased to suffer your self to be possessed with right thoughts of the League and Covenant, and of the proceedings of your Majesties loyall Subjects in relation thereunto, and give your Royall assent for injoyning of it in all your Dominions. If your Majestie had been pleased to hearken to our Counsell hereanent some years ago, the blood of many thousands, which now lyes upon your Majesties Throne, might have been spared, Popery, Prelacy, Idolatry, Superstition, Prophanesse, Heresie, Errour, Sects and Schismes which are now grown to so great a height in England, might have been extirpate, and your Majestie sitting in Peace in your own House, Reigning over your Subjects with much mutuall contentment and confidence. And if your Majestie shall yet search out and repent of all your secret and open Sins, And after so many dear-bought experiences of the danger of evil Counsell, be now so wise as to avoid it, and to hearken to us speaking unto you in the Name of the Lord, We are confident by this means your Majestie may yet be restored, and a sure and firme peace procured. We take it as a great mercy, and as a door of hope, that GOD still inclines the hearts of all his Servants to pray for your Majestie; And we would not have your Majestie to look upon it as a light thing that you have been preserved alive, when many thousands have by your means and procurement fallen on your right hand and on your left hand. God forbid that your Majestie should any longer despise the word of exhortation, the riches of his goodnesse, forbearance and long suffering, not knowing that the goodnesse of God leads you unto Repentance; For if your Majestie do so, As we are afraid, all Counsels and Endeavours for your Majesties re-establishment shall be in vain and without successe, because of the Wrath of the LORD of Hosts, who brings down the mighty from his Throne, and scatters the proud in the imaginations of their hearts; So we shall mourn in secret for it, and for all the miseries that are like to come upon your Throne and your Dominions, and comfort our selves in this, that we have delivered our own souls. But we desire to hope better things, and that your Majestie will humble your self under the mighty hand of God, and be inclined to hearken to the faithfull advise of his Servants, be willing to secure Religion, and imploy your Royall Power for advancing the Kingdom of the Son of GOD, which will turn as well to the Honour and Happinesse of your Majestie as to the Peace and Safety of your Subjects.

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August 12, 1648. Sess. Ult

Act discharging Duels.

The General Assembly taking in consideration the many Duels and combats that have been fought, and Challenges that have been made, and carried, and received in this Land of late. And being sensible of the exceeding great offence that comes by so horrible and hainous a sin; which is a grosse preferring of the supposed credit of the Creature unto the Honour of the most High God, and an usurpation upon the office of the Magistrate by private mens taking of the Sword, And a High degree of murther both of body and soul, by shedding the blood of the one, and cutting off the other from time of repenting; And which doth ordinarily produce many wofull consequents, Therefore doth enact And Ordain that all Persons of whatsoever quality who shall either fight Duels, or make, or write, or receive, or with their knowledge carry Challenges, or go to the fields, either as Principals, or as Seconds to fight Duels and Combats, that they shall without respect of Persons be processed with the Censures of the Kirk and brought before the Congregation two severall Lords-dayes; In the first whereof they are sharply to be rebuked and convinced of the hainousnesse of their sin and offence, and on the next to make a solemn publick Confession thereof, and profession of their unfained Humiliation and Repentance for the same. And if the Person guilty of any of the former offences be an Elder or Deacon, he is to be removed from his office, and whatsoever person guilty of any of these offences, shall refuse to give obedience according to the tenour of this Act, shall be processed to Excommunication: Declaring always, that if any be killed at such Duels, the killer shall be proceeded against by the Kirk as other murtherers.

Act concerning deposed Ministers.

The Assembly considering that divers Ministers deposed for Malignancy, and complying with the Enemies of this Kirk and Cause of God, may be suited by, and hope to get entry in some Congregation where a Minister deposed for Malignancy hath been, and may be supposed to have put on the people a stamp and impression of Malignancie, and being by the Act of the Generall Assembly in Anno 1645, Past all hope of being restored to the place out of whilk he was cast: Now also Ordains and enacts that no Minister deposed for Malignancy and complyance foresaid (when it shall fall out that he be put in a capacity of admission to the Ministry) shall enter into the Congregation of any other Minister who also hath been deposed for Malignancy and complyance, as said is.

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The General Assembly not having now time to consider the References of preceding Assemblies, and the most part of Presbyteries not having sent their opinions in Writ, Therefore do yet again Recommend to Presbyteries and Provinciall Assemblies to consider all matters referred by this or by any former Assemblies, are to send their opinions therein in writ to the next Generall Assembly:

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The meeting of the next Generall Assembly is hereby Appointed to be at Edinburgh the first Wednesday of July, 1649.

A. Ker.

Index of the unprinted acts of the Generall Assembly, held at Edinburgh, 1648.

1.—Election of Mr George Gillespie, Moderator. Sess. 1.

2.—Recom. to the Magistrates of Edinburgh for accommodating the Assembly-house for the Members thereof. Sess. 2.

3.—Committee for the contraverted Commissions. Ib.

4.—Committee for References and Appeals. Ib.

5.—Committee for Bills and Overtures. Ib.

6.—Committee for triall of the proceedings of the Commission of the preceding Assembly. Ib.

7.—Committee for revising the Provinciall Books. Ib.

8.—Committee for appointing Ministers to Preach during the Sitting of the Assembly. Ib.

9.—Committee to consider the present dangers and duties of these times, and other publick matters. Ib.

10.—Ref. to the Committee to consider of the said Elections of Commissioners from Burghs. Ib.

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

12.—Act rejecting the Commission from the Presbyterie of Chirnside. Sess. 3.

13.—Letter to the Laird of Blacader, Elder in the said Commission, to clear the Assemblies respects to him. Ib.

14.—Act Refusing the Commission from Dunce. Ib.

15.—Meeting of the Commissioners from severall Provinces to try the blasphemies and insolences of the Army, now forth in the late Engagement against England, and to report. Ib.

16.—Act concerning Mr James Aitkin. Sess. 4.

17—Commission for Visitation of the Presbyteries of Dunce and Chirnside. Ib.

18.—Committee for hearing the report concerning the Paraphrase of the Psalmes in Meeter. Ib.

19.—Ref. to the Committee for publick matters, to take in the reports concerning the Directorie of Government, Catechisme, and CXI Propositions. Ib.

20.—Recom. in favours of the relicts of Doctor Sharpe and Mr R. Brounlies to the Committee of Estates. Ib.

21.—Petition from the Army lately gone to England. Sess. 5.

22.—The offers and desires of the Committee of Estates of the 17 July. Ib.

23.—Quære to the Committee of Estates. Ib.

24.—Recom. to the Lord Theasaurer for the arrears of the annuity of 500. li. Sterl. Ib.

25.—Answer to the Quære from the Committee of Estates 17 July. Ib.

26.—Return to the Committee of Estates. Ib.

27.—Ref. Petitions from Ireland for Ministers to a Commitee. Ib.

28.—Modification to Mr David Calderwood for his publick employments. Sess. 6.

29.—Modification to the Clerk of the Assembly for his service. Ib.

30.—Paper from the Committee of Estates of the 18 July. Ib.

31.—The Assemblies return to the said Paper. Ib.

32.—The Committee of Estates answer to the said return. Ib.

33.—The Assemblies Return to the said answer. Ib.

34.—Another Paper from the Committee of Estates of the 18 July. Sess. 7.

35.—Answer to the Paper last sent from the Committee of Estates, bearing a power to certain Members of the Assembly to confer with their Lordships. Ib.

36.—Answer to Mr Patrick Hammiltoun, denying his desire for opening his mouth, with a Recommendation in his favours. Sess. 8.

37.—Remit. Mr James Rosse to Presbyterie and Synod. Ib.

38.—Recom. to Presbyterie of Dunkeld concerning vaiking Stipends. Ib.

39.—Approbation of the Act of the Commission of the preceding Assembly concerning the Collecting of the History of the time. Ib.

40.—Recom. to the Clerk for Printing the publick Papers. Ib.

41.—Recom. to the Clerk for reprinting the Confession of Faith with the Assemblies Approbation. Sess. 9.

42.—Recom. to Mr Robert Dowglas for printing two of his Sermons. Ib.

43.—Ref. concerning Major Turner and Lieut. Colonel Hurrie to the Commission for publike affairs. Ib.

44.—Remit. to the Presbyterie of Edinburgh concerning the Service-books and Idolatrous monuments, now lying in the high-School-yard. Ib.

45.—Committee for considering James Murrays businesse. Ib.

46.—Paper from the Committee of Estates of the 20 Iuly. Sess. 10.

47.—The Assemblies Answer thereto with an appointment for conference. Ib.

48.—Order for citing Patrick Lesly Provest of Aberdeen. Ib.

49.—Recom. to the Committee of Estates concerning his miscarriage. Ib.

50.—Ref. concerning insolences and blasphemies of the souldiers to the Commission for publick affairs. Sess. 11.

51.—Paper from the Committee of Estates of the 22 July concerning the conference, and concerning Patrick Lesly. Sess. 12.

52.—The Assemblies answer to the said Paper. Ib.

53.—Act concerning Mr George Clerk. Ib.

54.—Act refusing Mr George Hutchesons transportation to Air. Ib.

55.—Motion verballie from the Committee for Ministers to the Army, with the Assemblies answer thereunto. Ib.

56.—Act concerning Patrick Leslies answers. Ib.

57.—Paper from the Committee of Estates of the 24 July. Sess. 13.

58.—Ref. of the said Paper to the Committee for publick businesse to consider of an answer, and report their opinions. Ib.

59.—Act concerning Patrick Lesly. Ib.

60.—Appointment of a letter to Mr Hew Henderson for setling in Dumfries according to the sentence of transportation. Ib.

61.—Ref. for planting a Collegue in Air to the Commisson for publick affairs. Ib.

62.—Ref. of the remedies of the sins of the times, to the Committee which was appointed for triall of the Commission of the preceding Assembly. Ib.

63.—Ref. Mr Walter Comries transportation to the Committee of bills, and they to report. Ib.

64.—Appointment that all bills, appeals, references, reports, &c. be given in before Wednesday next. Ib.

65.—Paper from the Committee concerning Patrick Lesley. Sess. 14.

66.—The Assemblies answer thereunto. Ib.

67.—Ref. Patrick Lesley to a Committee for conference. Ib.

68.—Suspension Mr Harie Cockburn. Sess. 15.

69.—Vote sustaining the summons concerning the transportation of Mr John Leviston to Ancrum. Ib.

70.—Recom. Mr Iohn Durie to E. Hadington. Sess. 16.

71.—Ref. Mr Samuel Dowglas to the visitation of Dunce and Chirnside. Ib.

72.—Ref. the dissent of the Brethren in the Provinciall of Merse and Teviotdaill to the said visitation. Ib.

73.—Ref. concerning Ministers to Ireland to the Commission to be appointed for publick affairs. Ib.

74.—Advise concerning discipline to be used, with the Garisons and Regiments in Ireland. Ib.

75.—Letter to Generall Major Monro. Ib.

76.—Ref. for planting the Kirk of Bruntiland to the Commission to be appointed for publick affairs. Sess. 17.

77.—Recom. concerning James Murrayes children. Ib.

78.—Recom. to the Commission of Parliament for planting of Kirks the adjoyning Sutherland, Sutherlandhall, &c. to Lindean and making it a distinct paroch. Ib.

79.—Recom. for keeping in the interim the Kirk of Galosheills. Ib.

80.—Recom. in favours of Mr James Morison Minister at Erne and Randell, or his executors for the payment of a some of mony by the next intrant. Ib.

81.—Recom. for planting Kirks in Badinoch to the Commission for planting of Kirks. Ib.

82.—Recom. to the Commission for publick affairs to think upon and prosecute some wayes for planting a Ministery in Lochabar. Ib.

83.—Recom. to Presbyteries to send a more particular information of the insolencies and miscarriages of the souldiers and the evidences thereof to the Commission for publick affairs. Ib.

84.—Ref. to the Committee of bills to distribute the petitions for charitie. Ib.

85.—Recom. Mr Robert Linsayes relict and children. Sess. 18.

86.—Recom. Mr Patrick Linsayes children. Ib.

87.—Paper from the Committee of Estates of the 28 of July. Ib.

88.—Recom. to Presbyteries to supplie the places of the brethren sent in Commission to the Generall Assembly, or that attend the meetings of the Commission of the Assembly. Sess. 19.

89.—Act for conference with Earle of Abercorne untill the first of March. Sess. 20.

90.—Committee for considering the hospitalls, and to report their condition. Ib.

91.—Commission for visiting Rosse, Sutherland, Cathnes, Orknay, and Zetland, with a Reference concerning Mr Iames Iohnston. Ib.

92.—Commission for visitation of Stirling, and Dumblane Presbyteries, with a Reference for the particular concerning Mr Andrew Iaffray. Ib.

93.—Ref. to the Commission for publick affairs for the triall of the Provinciall book of Argyle. Ib.

94.—Act appointing the Clerk to print the Declaration with the first conveniencie and to send it to Presbyteries. Sess. 22.

95.—Vote for removing the Commissioners in the Province of Galloway in the matter concerning Mr John Levistons transportation to Ancrum. Ib.

96.—Declaration in favour of the Presbyterie of Jedburgh, for preserving their right and interest in planting Ancrum proprio Jure. Ib.

97.—Transportation of Mr John Leviston to Ancrum. Ib.

98.—Order for some Brethrens presenting the Declaration to the Committee of Estates. Sess. 23.

99.—Ref. to the Committee appointed for publick matters to consider of the materialls and draught of a petition to the Committee Estates. Ib.

100.—Ref. for planting Kircaldie to the Commission for publick affairs. Sess. 24.

101.—Approbation of the manner and order of the calling and setling a Collegue in the Kirk of Culrosse. Ib.

102.—Committee concerning Mr Iames Row. Ib.

103.—Committee for examining Witnesses upon the injury done to Mr Robert Melvill. Ib.

104.—Committee for examining a scandalous Pamphlet falsly put forth under the name of Mr Alexander Henderson. Sess. 25.

105.—The Assemblies answer Refusing the desire of the Isle of Makghie in Ireland for Mr Iohn Dick. Ib.

106.—Vote for ___________ Maccullo of Ardwell his purgation by oath. Ib.

107.—Warrant for citing the persons that injured Mr Robert Melvill. Ib.

108.—Vote concerning Patrick Leslie. Sess. 27.

109.—Approbation of the Excambion mentioned in the contract betwixt Sir William Scot and the Minister of Mertoun consented to by the Presbyterie, and approven by the Synod. Ib.

110.—Ref. Mr William Home to the Visitation of Dunce and Chirnside. Ib.

111.—Liberty for Iohn Gillon to preach untill the next Assembly for exercise of his gift. Ib.

112.—Ref. concerning the Quære from the Presbyterie of Edinburgh, touching the marriage of a young gentlewoman minor without consent of her tutors, to a Committee. Ib.

113.—Act refusing the desire of Mr Iames Row for opening his mouth. Ib.

114.—Remit. the appeal of the Parochiners of Schots, concerning the admission of Mr Francis Kincade to the Presbyterie and Synod respectively of consent. Ib.

115.—Act refusing the transporting of Doctor Colvill to the Colledge of Edinburgh. Sess. 29.

116.—Ref. Mr William Sanders to the Commission for planting of Kirks. Ib.

117.—Ref. dissent in the Presbyterie of Chirnside to the visitation of Dunce and Chirnside. Sess. 30.

118.—Act for conference with the Lady Mordington. Ib.

119.—Ref. to the Visitation of Dunce for tryall of that murder committed in the Lord Mordingtons house. Ib.

120.—Appointment of Mr Alexander Leviston to go to Ireland first, next Mr Hary Sempell, Mr Androw Lawder in the third place, and Mr Iohn Dick the last three moneth. Ib.

121.—Recom. Some Brethren to speak again the Lord Theasaurer for payment of by-gones of the annuity of 500l. Sterling. Ib.

122.—Vote for laying aside the question concerning Mr John Lawes appeal. Ib.

123.—Ref. to a Committee to consider of some Overtures concerning Papists and their children and Excommunicate persons and to report. Ib.

124.—Recom. to the Presbyterie of Chirnside, concerning Mordingtons family. Ib.

125.—Act concerning Patrick Leslies acknowledgment and promise of better behaviour, With a Reference to the Commission for publick affairs if he keep not his promise. Sess. 31.

126.—Committee for considering the Petition of the great Session of Edinburgh for Ministers, and to report. Ib.

127.—Continuation of the examination of the Directory of Government, and the CXI Propositions untill the next Assembly. Sess. 32.

128.—Recom. to Universities to bring to the next Assembly the grounds and evidences of their Commissions to Assemblies. Ib.

129.—Commission for Visitation of Glasgow. Ib.

130.—Commission for Visitation of Aberdeen. Ib.

131.—Commission for Visitation of Edinburgh. Ib.

132.—Letter to the Officers of the Army now in England in Answer to their Letter and Petition to the Assembly for Ministers. Ib.

133.—Act reponing Mr William Dowglas. Ib.

134.—Act reponing Mr John Logie. Ib.

135.—Recom. certain persons for charity. Ib.

136.—Act for delaying the Communion. Ib.

137.—Recom. for repairing of Kirks, and founding of Schools in the Presbyterie of Sky. Sess. 33.

138.—Continuation of Mr Andrew Ramsay untill the morne. Ib.

139.—Suspension of Mr Andrew Ramsay, untill the next Generall Assembly. Sess. 34.

140.—Ref. Mr William Colvill to a conference, and they to report. Ib.

141.—Citation of Mr William Colvill apud acta to answer for not reading the Causes of the late Fast. Ib.

142.—Ref. Doctor John Baron to a conference. Ib.

143.—Recom. Mr George Clerk to the Presbyteries within Fife, Angus, and Merns, and Aberdeen. Sess. 35.

144.—Commission for Visitation of the Universitie of St Andrews. Ib.

145.—Act for visiting Hospitals and Mortifications. Ib.

146.—Recom. to the Provinciall of Argyle to visit the Presbyterie of Sky. Ib.

147.—Advise to the Presbyterie to depose Mr William Edmiston with a Recommendation to the Justice to proceed against him for Adultery. Ib.

148.—Recom. to the Presbyterie of Sky to censure Profanation of the Sabbath. Ib.

149.—Approbation of the report for planting of the Kirks of Edinburgh. Sess. 36.

150.—Committee for naming a List of six Ministers for Edinburgh. Ib.

151.—Vote concerning Mr William Colvills answering presently for not reading the Causes of the Fast. Ib.

152.—Continuation of Mr William Colvill untill the morn. Ib.

153.—Continuation of Doctor Baron untill the morn. Ib.

154.—Continuation of the 20s. payed out of every Kirk for dispatches. Ib.

155.—Suspension of Mr William Colvill. Sess. 37.

156.—Suspension of Doctor Baron with a Reference to the Visitation of the Universitie of St Andrews and Commission for publick affairs respectively. Ib.

157.—Recom. of the Minister of Cameron to the Commission of Parliament for planting of Kirks. Sess. 38.

158.—Recommendation to Master James Hamiltoun and Master James Guthrie to draw in Articles the duties of Elders, and a forme of Visitation of Families, and to prepare a report to the next Assembly. Ib.

159.—Recom. to Mr David Calderwood to draw a drought of a forme of visitations of particular Congregations, and to prepare a report to the next Assembly. Ib.

160.—Recom. to Mr John Smith and the Clerk, to draw out all the Acts of Parliament and Assembly, for Kirk Discipline and Penalties for scandalous Sins, and to report to the next Assembly. Ib.

161.—List of six Ministers to Edinburgh. Ib.

162.—Ref. to the Commission for publick affairs to plant four Ministers out of the said List in the Kirks of Edinburgh. Ib.

163.—Declaration of the unsatisfactorinesse of the Observations of the Committee of Estates upon the Assemblies Declaration, with a Reference to the Commission for publick affairs, to put forth an Answer thereto. Sess. 39.

164.—Appointment of the first dyet of Citations in the matter of transportations not to be before the last Wednesday of October. Ib.

165.—The Assemblies Answer to a Quære from the Presbyterie of Elgin, concerning the transporting from the Hie-lands a Minister to the Low-lands. Sess. 40.

166.—Letter to their Brethren in Ireland. Ib.

167.—Letter to the Lord Chancellour. Ib.

168.—Indiction of a Fast on the second Sabbath of September, with the causes thereof. Ib.

169.—Recom. concerning Mr Hew Henderson. Ib.

170.—Recom. for the people in Libberton to repair to the Kirk of Quodquen. Ib.

171.—Recom. to the Parliament for dissolution the benefice of Kinkell. Ib.

172.—Act for proceeding against Captain Maxwell and John Sumervail and Coronet Weir. Ib.

173.—Recom. for planting in Innerness another Minister that hath the Irish tongue. Ib.

174.—Recom. for planting a Kirk in Gladsmure and that some Brethren speak to the E. Hadington that by his pretence to the Patronage he do not obstruct so good a work. Ib.

175.—Remit. Mr John Law to the Provinciall of Glasgow. Ib.

176.—Ref. concerning Mr Iames Aitkin to the visitation of Rosse and Caithnes, &c. Ib.

177.—Ref. Mr Donald Rosse Minister at Lochbroom to the said visitation. Ib.

178.—Ref. Mr Iohn Duncan to the said Visitation. Ib.

179.—Recom. to the Presbyterie of Dingwall concerning Mr Murdo Mackenzie late Minister at Suddie. Ib.

180.—Act declaring Mr Murdo Mackenzie late Minister at Dingwall, uncapable for ever of the Ministery, with a Recommendation to the Presbyterie to proceed against him with Excommunication. Ib.

181.—Deposition Mr William Cowper Schoolmaster at Chanrie from that charge. Ib.

182.—Continuation of the matter concerning Mr John Rosse at Lunfaman, to the next Assembly. Sess. Ult.

183.—Act Ordaining the Presbyterie of Elgin to proceed against Master Thomas Gilzeam and John Gordon. Ib.

184.—Ref. Master Francis Omey to the Provinciall of Perth. Ib.

185.—Refusall of Master George Hannaes desire, and his censure for his miscarriage. Ib.

186.—Recom. in favours of his wife and children.

187.—Recom. concerning the Kirk of Mordington, to the visitation of Dunce and Chirnside. Ib.

188.—Recom. to the Provinces of Aberdeen, Angus and Murray to supply the vaiking Kirks in Badinoch, Lochaber, &c. respectively in their own bounds. Ib.

189.—Ref. of Sir Lachlean Mackean to the Commission for publick affairs. Ib.

190.—Ordinance for the Presbyterie of Sky to proceed with Excommunication against Mr Lachlane Fraser. Ib.

191.—Ref. Concerning the particulars given in by Master James Moreson against the Presbyterie of Kirwall to the visitation of Rosse and Caithnes. Ib.

192.—Renovation of the Commission of the preceding Assembly in Sess. 26, concerning Witchcraft. Ib.

193.—Recommendation Master Alexander Mackean to Presbyteries and Universities for a Bursar, and particularly to the Presbyterie of Edinburgh. Ib.

194.—Act concerning the tryall of Master William Home and citing of Witnesses. Ib.

195.—Commission to Mr John Pringill and Mr John Strachen to examine Witnesses in that matter. Ib.

196.—Recom. to the Commissioners of the Presbyterie of Glasgow for sending to the Clerk an exact report of the condition of their Kirks, with their provisions, the extent of Paroches, and number of Parochiners. Ib.

197.—Act for intimating the Visitation of Dunce and Chirnside. Ib.

198.—Recommendation Master William Dowglas to the Committee of Estates. Ib.

FINIS.

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Miscellaneous Historical Documents,
RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1648.

Excerpts from Principal Baillie’s Letters.

To Mr William Spang. [Glasgow,] March 27, 1648.

Reverend and Dear Cousin,—He is wiser than a man who can inform what course our affairs here will take. This is the seventh week that I have been forced to attend in Edinburgh; and yet we see small appearance of any good conclusion; but as they are I make you this account of them. After the King found himself disappointed of all the fair hopes made to him by Cromwell and his party, whether on their repentance, or their fear from Lilburn, Rainsborough, and their levelling friends, our commissioners made more serious applications, and were more acceptable than before. At the Isle of Wight, his Majesty did live with them very lovingly, and upon great hopes on all hands. Traquair, Sir John Cheesly, Callendar, and all that came home before them, gave it out confidently in the general, that the King had given to our commissioners full satisfaction. This caused great joy, and a readiness in all to rise in arms quickly for his deliverance. But when I found all bound up by oath, not to reveal any of the particular concessions till the commissioners returned, I feared the satisfaction should not be found so agreeable as was spoken. The too strict secrecy bred prejudices in the minds of the wisest. And when we heard the report from the Chancellor and Lauderdale at their return, our suspicions were turned into grief: for we found the concessions no ways satisfactory, and the engagements of some to the King upon them so great, as did much blemish their reputation with many of their intimate friends. Our debates for more than a fortnight were to come to the bottom of these offers, and to find a way how we might be free of them. We were malecontent with our commissioners: their scurvy usage by the parliament of England, their compassion of the King’s condition, Lanerk’s power with Lauderdale, and both their workings on the Chancellor, made them to accept of less, and promise more to the King, than we would stand to. They were content we should declare our dissatisfaction with the King’s offers as we thought fit, both by the church and the state, on condition we would consent to a levy against the faction of sectaries. To this we were not unwilling, providing we might be satisfied in the state of the question, and might be assured, that the army should be put in such hands as we might confide in. Both these were promised to us in private; but when we found no performance, the business is retarded to this day. Betwixt the Chancellor, Duke Argyle, Treasurer, Lauderdale, Lanerk, Balmerino, Wariston, Mr Robert Douglas, Mr George Gillespie, Mr David Calderwood, Mr Robert Blair, Mr David Dickson, Mr Samuel Rutherford, many meetings have been had, night and day, private and publick; but as yet our discords increase, and are ready to break out in a fearful rupture both of church and state. Our meetings were long in private for a state of a question. We required peremptorily to stand to our former principles and covenant; “to have religion settled first; and the King not restored till he had given security, by his oath, to consent to an act of parliament for injoining the covenant in all his dominions, and settling religion according to the covenant.” We stuck many days on that negative expression, “The King not to be restored till he had sworn the covenant.” This much had both our parliament and assembly pressed upon him at Newcastle; yet at last we were content of affirmative expressions: “Religion and the covenant to be settled, and thereupon the King to be restored.” The next difficulty in the question was about the malignants. We were peremptory to have none of them in our army who should not take the covenant, and to have all of them declared enemies who should rise in arms by themselves for any end contrary to our cause. Here we had great struggling. In the writ which we called an agreement and engagement, the King’s offers therein, too great favour was shown to malignants. We resolved to beware of them so much the more. The greatest stop of all was upon the oath. We resolved to have these things put in a formal oath, to be taken solemnly by all the members of parliament and officers of our army. They declined an oath by all means. While we are like to come to no agreement about these things, the pulpits sounded loud against the dangers of malignants, but more softly against sectaries. We prepare also a declaration of dangers and duties, wherein we press to the full our dissatisfaction with the King’s concessions in matters of religion. This gave great offence to our commissioners. We had put them to it to give us in writ the report what passed between them and the King concerning religion; for his Majesty in his letter to us had said, he had offered to them what he was confident would give us satisfaction, which they are necessitated to give us in writ these private concessions, and be content to have them, and our reasons against them, published to the world. They were not a little offended; but there was no remedy. To our sense, they had passed the bounds of their duty, though both the committee of estates, and parliament itself, had, in a fair general, without examination, approved all they had done. We thought it destructive to our cause and covenant, and ourselves absolutely impeded from all motion for the King till these grounds of motion were publickly disclaimed. It increased our offence, that so many noblemen did vex us with debates and votes openly in face of the commission, after we had changed in private, for the satisfaction of the Chancellor and Lauderdale, many passages of our writ; also that they had laboured to their power to make a party among the ministers to oppose us, Mr Andrew Ramsay, Mr Andrew Fairfoul, Mr Robert Laurie, Mr Andrew Afflect, and divers others; but especially Mr William Colvil, who had in private objected against one passage, inferring the necessity upon conscience to restore the King presently to the exercise of his full regal power in all his dominions, notwithstanding of all he had done, without any condition, either of covenant, religion, or propositions; that we were obliged to do this duty unto him, and never more to oppose till we found him abuse this power; and then we might resist, albeit no more but the abuse of this power. I did think it enough in our subcommittee to bring him to acknowledge so shameful a tenet, all of us thinking he would not have the boldness any more in publick to speak to such a purpose; yet in the face of the commission, in a very jeering insolent way, being a little provoked by the indiscreet challenge of Mr Rutherford; he offered to reason for such a conclusion. We had not failed to have called him to an account for his malapertness, had not the intervention of other greater affairs diverted us.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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THE
GENERAL ASSEMBLY,
AT EDINBURGH, 1649.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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THE PRINCIPALL ACTS
OF THE GENERALL ASSEMBLY HOLDEN AT EDINBURGH, JULY 7, 1649.

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Iuly 7, 1649. Ante Meridiem. Sess. IV.
Approbation of the proceedings of the Commissioners of the General Assembly.

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

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Iuly 10, 1649. Ante Meridiem. Sess. VI.
Approbation of the Commissioners sent to his Majesty.

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

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Iuly 19, 1649. Post Meridiem. Sess. XVIII.
Act discharging promiscuous Dancing.

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

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Iuly 20, 1649. Ante Meridiem. Sess. XIX.
Act concerning the receiving of Engagers in the late unlawfull War against England, to publick Satisfaction, Together with the Declaration and Acknowledgment to be subscribed by them.

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

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

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

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

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

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

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

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

The Declaration and Acknowledgement before mentioned.

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

at _________________ the _______________ day of ___________

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Iuly 24, 1649. Post Meridiem. Sess. XXIII.
To the High and Honourable Court of Parliament.

The Generall Assembly, Humbly Sheweth,

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

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27 Iuly, 1649, Ante Meridiem. Sess. XXVII.
A seasonable and necessary Warning and Declaration, concerning Present and Imminent dangers, and concerning duties relating thereto, from the General Assembly of this Kirk, unto all the Members thereof.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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30 July, 1649. Ante Meridiem. Sess. XXX.
Act concerning Catechising.

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

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4 Aug., 1649. Ante Meridiem. Sess. XL.
Commission for Publick Affaires.

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

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

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Directorie for Election of Ministers.

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

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

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

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

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

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

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6. Aug., 1649. Ante Meridiem. Sess. Ult.
A Brotherly Exhortation from the General Assembly of the Church of Scotland, to their Brethren in England.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Recommendation for maintenance of Schoolmasters and Precenters.

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

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Act concerning persons to be admitted Bursars.

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

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

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

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Letter to the Kings Majestie.

Most Gracious Soveraigne,

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

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

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

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

Edinburgh, 6 August, 1649.

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

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

A. Ker.

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Index of the Unprinted Acts of the Assembly, 1649.

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

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

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

4.—Committee for Bills and Overtures. Ib.

5.—Committee for publick business. Ib.

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

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

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

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

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

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

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

13.—Committee for the Psalmes. Ib.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

29.—Letter from Rivet. Ib.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

46.—Deposition of Mr Iames Aitkin. Ib.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

61.—Deposition of Mr Andro Rollock. Ib.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

100.—Deposition Mr Alexander Keyth. Ib.

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

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

109.—Act concerning Mr Patrick Hammiltoun. Ib.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

135.—Recom. Mr Iohn Nairne. Ib.

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

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

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

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

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

141.—Deposition of Mr William Colvill. Ib.

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

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

144.—Deposition Mr Andro Ramsay. Ib.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

186.—Commission for visitation of Dunkeld. Ib.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

218.—Commission for visitation of Rosse. Ib.

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

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

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

222.—Ref. Vicount of Kenmure. Ib.

223.—Ref. Doctor Strange. Sess. 41.

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

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

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

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

228.—Directory for election of Ministers. Ib.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

250.—Causes of a public fast. Ib.

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

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

FINIS.

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Miscellaneous Historical Documents,
RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1649.

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1. Excerpts from Principal Baillie’s Letters.
To Mr Spang. Edinburgh, February 7, 1649.

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

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

****
Mr Spang to Mr Baillie.

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

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

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

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

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

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

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

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

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

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

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

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

May it please your Majesty,

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

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

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

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

Your Majesty’s loyal subjects and humble servants,

The Commissioners of the general assembly.

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

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

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

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

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

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

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

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

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

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For Mr William Spang. September 14, 1649.

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

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

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

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

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

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

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

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

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

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

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

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1648.
2. Instructions by the Committee of Estates sent by their Commissioners to the English Parliament.[419]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1648.—September 16 and 21.
3. Letters from Oliver Cromwell to the Committee of Estates.[420]

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

Right Honoᵇˡᵉ,

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

Yoʳ Loᵖᵖˢ humble servant,
O. Cromwell.

Septembʳ yᵉ 16ᵗʰ, 1648.

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Right Honourable,

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

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

Norham, 21ˢᵗ September, 1648.

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

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1648.—November 20.
4. The General’s Letter to the Speaker of the House of Commons, and the Army’s Remonstrance, presented by Colonel Ewert.[421]

Mr Speaker,

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

Your most Humble Servant,
Tho. Fairfax.

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

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

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

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

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

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1649.
5. Note of Proceedings in the Convention of Estates relative to the Kirk.

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

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

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

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

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

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

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

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

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

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

****

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

****

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

Ludit in humanis divina potentia rebus.

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

---

1649.—Friday, January 19.
7. Trial of King Charles the First.[422]
Commissioners present at Westminster-Hall, January 20, 1648-9.

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

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

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

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

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

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

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

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

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

Saturday, January 20.

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

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

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

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

Monday, January 22.

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

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

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

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

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

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

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

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

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

King. I deny that, shew me one Precedent.

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

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

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

Then the Clerk of the Court read as follows:

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

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

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

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

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

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

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

King. You never heard my Reasons yet.

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

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

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

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

Lord President. Serjeant, take away the Prisoner.

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

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

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

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

King. Well, Sir.

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

Then the Court adjourned until the next day.

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

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

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

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

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

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

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

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

Tuesday, January 23.

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

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

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

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

The King after a little pause said,

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

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

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

Here being interrupted, he said,

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

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

King. By your Favour, Sir.

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

King. Duty, Sir?

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

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

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

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

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

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

Wednesday, January 24.

The House this day only met and adjourned.

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

January 25, 1648-9.

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

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

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

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

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

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

January 26, 1648-9.

Here the Court sat private.

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

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

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

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

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

January 27, 1648-9. Post Merid.
Westminster-Hall.

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

****

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

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

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

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

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

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

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

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

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

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

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

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

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

[Conclusion.]

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

****

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

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

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

The President answered,

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

His Majesty replied,

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

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

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

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

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

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

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

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

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

President. Sir, you have now spoken.

King. Yes, Sir.

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

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

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

King. Not in this that I have said.

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

This he did to prevent disturbance.

King. Shall I withdraw?

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

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

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

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

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

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

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

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

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

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

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

President. Sir, I have received Direction from the Court

King. Well, Sir.

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

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

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

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

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

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

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

King. I know nothing of that.

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

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

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

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

Which being read, the President added,

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

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

His Majesty then said,

Will you hear me a word, Sir?

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

King. No, Sir?

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

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

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

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

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

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

January 29, 1648-9.

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

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

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

“Given under our Hands and Seals.
“Sealed and subscribed by

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

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

Tuesday, January 30.

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

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

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

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

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

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

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

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

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

The Lords replied,

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

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

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

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

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8. Excerpts from Balfour’s Annales of Scotland.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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1649.
9. Excerpts from the Chronicle of Fife, being the Diary of John Lamont of Newton.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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IX MARTII.
Act abolishing the Patronages of Kirks.[423]

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

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