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

1638.—November 16, 17, and 20.

85. The Declinator and Protestation of the Archbishops, and Bishops, of the Church of Scotland, and others their Adherents within that Kingdome: Agaynst the pretended Generall Assemblie, holden at Glasgow, Novemb. 21. 1638. Aberdene, Printed by Edward Raban, According to the Copie Printed at London 1639. ☞ It is his Majesties pleasure that this be printed: For the which, this shall bee your Warrand: Hamilton.[110]

We Arch-bishops, Bishops, and other Under-subscrybers, for our selues, and in name & behalfe of the Church of Scotland, (whereas it hath pleased the King’s Majestie, to indict A Generall Assemblie of the Church, to bee kept at Glasgow, Novemb. 21. 1638. for composing and setling of the Distractions of the same) First doe acknowledge, and professe, That A Generall Assemblie, lawfullie called, and orderlie conveaned, is a most necessarie & effectual Meane, for removing those evills wherewith the sayd Church is infested, and for setling that Order which becometh the House of GOD: and, That we wish nothing more, than a Meeting of a peaceable and orderlie Assemblie, to that effect. Secondlie, we acknowledge, and professe, as becometh good Christians, and faythfull Subjects, That his Majestie hath authoritie, by his Prerogatiue Royall, to call Assemblies, as is acknowledged by the Assemblie at Glasgow, 1610, and Parliament 1612. and, That it is not lawfull to conveane without his Royall consent, and approbation, except wee will put our selues in danger to be called in question for Sedition.

Yet, never-the-lesse, in sundrie respectes wee can not but esteeme this Meeting at Glasgow, most vnlawfull, and disorderlie: and their Proceedinges voyde, and Null in Lawe, for the Causes and Reasons following.

I. First: Before his Majesties Royall Warrand to my Lord Commissioner his Grace, to indict A Lawfull Free Generall Assemblie, the vsurped Authoritie of the Table, (as they call it) by their Missiues, and Instructions, did giue order and direction, for all Presbyteries, to elect and choose their Commissioners for the Assemblie; and for seeking of GOD’S Blessing to it, to keepe a solemne Fast, September 16: whereas his Majesties Warrand, for indicting of that Assemblie, was not published till the 22 of that Moneth. So that they Preventing, and not proceeding by Warrand of Royall Authoritie, the pretended Commissioners beeing chosen before the Presbyteries were authorised to make election, can not be reputed Members of a Lawfull Assemblie.

II. A Lawfull Assemblie, must not onelie bee indicted by Lawfull Authoritie, (as wee acknowledge this to bee) but also constituted of such Members, as are requisite to make vp such a Bodie. For, if according to the Indiction, none at all doe conveane; or, where the Clergie is called, there meet none but Laicks; or moe Laicks, than of the Clergie, with equall power, to judge, & determine; or such of the Laicks, and Clergie, as are not lawfullie authorized, or are not capable of that Employment by their Places; or such as are legallie disabled to sit, and decide in an Assemblie of the Church. A Meeting consisting of such Members, can not be thought a Free and Lawfull Assemblie, by that Act of Parliament, Iac. 6. Parl. 3. cap. 46. 1572. Everie Minister, who shall pretend to be a Minister of God’s Word and Sacraments, is bound to giue his assent & subscription to the Articles of Religion, contayned in the Acts of our Soveraygne Lord’s Parliament; and in presence of the Archbishop, Superintendent, or Commissioner of the Province, giue his Oath, for acknowledging and recognoscing of our Soveraygn Lord, and his Authoritie, and bringing a Testimoniall in writ therevpon; and openlie, upon some Sunday, in tyme of Sermon, or publicke Prayers, in the Church where hee ought to attend, reade both the Testimoniall and Confession, and of new make the sayd Oath, within a moneth after his admission; vnder the payne, that everie person, that shall not doe as is aboue-appoynted, shall ipso facto be deprived, & all his Ecclesiasticall promotions, and living, shall be then vacant, as if he were then naturallie dead; and that all inferiour persons, vnder Prelates, be called before the Arch-bishops, Bishops, Superintendents, and Commissioners of the Dioceses, or Province, within which they dwell, as the Act beareth.

III. All of the Clergie conveaned to this Assemblie, pretend themselues to bee Ministers of GOD’S Word, and Sacramentes, and haue Benefices, or other Ecclesiasticall Livings, yet neverthelesse the most part of them, haue never in presence of the Archbishop, Bishop, Superintendent, or Commissioner of the Diocese, or Province, subscrybed the Articles of Religion, contayned in the Actes of Parliament, and given their oath, for acknowledging and recognoscing our Soveraygne Lord, and his Authoritie, and brought a Testimoniall thereof: And, therefore, they are, ipso facto, deprived, and their places voyde, as if they were naturallie dead, and consequentlie having no place nor function in the Church, can not be Commissioners to this Assemblie: hoc maximè attento, that the sayd persons not onlie haue never given their Oath, for acknowledging his Majesties Authoritie, nor can show no Testimoniall therevpon, as they are bound by the sayd Act: But also having as subjectes comprehended in the representatiue bodie of this Kingdome, “Promised to acknowledge, obey, mayntayne, defende, and advaunce, the Lyfe, Honour, Safetie, Dignitie, Soverayne Authoritie, and Prerogatiue Royall, of his Soverayne Majestie, his Heyrs & Successours, and Priviledges of his Highnesse Crowne, with their lyues, lands, and goods, to the vttermost of their power, constantlie, & faythfullie, to withstand all and whatsoever persons, powers, and estates, who shall presume, preasse, or intende, anie wyse to impugne, prejudge, hurt, or impare the same; and never to come in the contrarie thereof, directlie or indirectlie, in anie tyme coming; as the Acts of Parliament, Jac. 6. Parl. 18. cap. 1. Car. Parl. cap. 1. doe proport.”

And more-over, Being obliedged at their Admission, to giue their Oath, for performance of this duetie of their Alledgeance; “And to testifie and declare on their conscience, That the King is the lawfull Supreame Governour, as well in matters Spirtuall and Ecclesiasticall, as Temporall; and to assist and defende all Iurisdiction and Authoritie, belonging to his Majestie, by the Act of Parliament 1612.” Yet notwithstanding of the sayde Bandes, Actes, and Promises, whereby the sayd persons are so strictlie bound to the performance of the Premisses, his Majestie having ordayned, by Act of Councell, at Holie-Rood-House, Sept. 24. 1638. and Proclamations following therevpon, That all his Majesties Liedges, of whatsoever estate, degree, or qualitie, Ecclesiasticall or Temporall, should sweare and subscrybe the sayde Confession; together with a generall Band, for defending his Majesties person and authoritie, agaynst all Enemies within this Realme, or without, haue not onlie refused to subscrybe the sayd BAND and CONFESSION; but haue in their Sermons, and other Speaches, disswaded, deterred, impeded, and hindered others of the Liedges to subscrybe the same; and publicklie protested agaynst the subscription thereof: And therevpon can not conveane, nor concurre lawfullie, to the making vp of the bodie of an Assemblie of the CHVRCH, as being deprived and denuded of all place and function in the same.

IV. A Generall Assemblie was condescended vnto, out of his Majesties gracious Clemencie, and pious Disposition, as a Royall Favour to those that so should acknowledge the same, and acquiesce to his gracious pleasure, and carrie themselues peaceablie, as loyall and duetifull Subjects, which the Commissioners directed to this Assemblie, supposed to bee of the number of those that adheare to the last Protestation made at Edinb. Sept. 1638. doe not so account of, and accept, as appeareth by the sayde Protestation: whereby they protest, That it shall bee lawfull for them, as at other times, so at this, to assemble themselues, notwithstanding anie impediment, or prorogation, to the contrarie: as also by continuing their Meetings and Table, discharged by Authoritie, refusing to subscrybe the BAND according to his Majesties, and Councells, command, for mayntayning his Majesties Royall person, and authoritie, protesting agaynst the same; still insisting with the Liedges, to subscrybe the Band of mutuall defence, agaynst all persons what-so-ever, and remitting nothing of their former proceedinges, where-by his Maiesties wrath was provoked: thereby they are become in the same state and condition wherein they were before his Majesties Proclamation and pardon; and so forfayte the favour of this Assemblie, and libertie to bee Members thereof. And others of his Maiesties Subjectes may justlie feare to meete with them in this Convention, for that by the Act of Parliament, lac. 6. Parl. 15. Cap. 31. Prelacies beeing declared to bee one of the three Estates of this Kingdome, and by the Act of Parliament, lac. 6. Parl. 8. Cap. 130. All persons are discharged to impugne the dignitie and authority of the three Estates, or any of them in time coming, vnder the paine of Treason. And whereas the King by his Proclamation, declareth Archbishops and Bishops, to haue voyce in the Generall Assemblie, and calleth them to the same for that effect, as constantlie they haue beene in vse in all Assemblies, where they were present, as appeareth by manie Acts of the Generall Assemblie, ordayning them to keepe and assist at the same, as in the Assemblie at Edinburgh, December 15. 1566. At Edinburgh, March 6. 1572. At Edinburgh, May 10. 1586. And by a Letter, written by the Assemblie, March 6. 1573. to the Regent, earnestlie desiring his owne, or his Commissioner’s, presence, and the Lords of Councell and the Bishops, at the Assemblie. They notwithstanding by the sayde Protestation, September 22. declared Archbishops and Bishops, to haue no Warrand for their Office in this Church, to be authorized with no lawfull Commission, and to haue no place nor voyce in this Assemblie; and withall doe arrogate to their Meetinges, a Soveraygne Authoritie, to determine of all Questions and Doubtes that can aryse, contrarie to the freedome of the Assemblie, whether in Constitution and Members, or in the matters to bee treated, or in manner and order of proceeding. Which howe it doeth stand with his Majesties supremacie, in all Causes, and over all persons, wee leaue it to that judgement, wherevnto it belongeth; and doe call GOD and Man to Witnesse, if these bee fit Members of an Assemblie, intended for the Order and Peace of the CHURCH.

V. Giving, and not graunting, That the persons foresayde, directed Commissioners in name of the Clergie, to this Meeting, were capable of that Authoritie, and that the sayd Presbyteries had the authoritie, to direct Commissioners to the Generall Assemblie; yet haue they nowe lost, and fallen from all such Right, if anie they had; in so farre as they haue deposed the Moderators, who were lawfullie appoynted to governe them, by the Bishops in their Synodes, and elected others in their places, contrarie to the Act of the Assemblie at Glasgow, 1610, and Act of Parl. 1612; ordayning Bishops to be Moderators at these Meetinges; and in their absence, the Minister whome the Bishop should appoynt at the Synode. So these Meetings having disclaymed the Authoritie of Bishops, deposed their lawfull Moderators, & choosing others, without Authoritie, can not bee esteemed lawfull Convocations, that can haue lawfull power of sending out Commissioners, with authoritie, to judge of the Effayres of this CHVRCH.

VI. And yet doeth the Nullitie of the Commissions flowing from such Meetinges, farther appeare in this, That they haue associate to themselues, a Laicke-ruling-Elder, (as they call them) out of everie Session, and Parish; who beeing ordinarilie the lord of the Parish, or the man of the greatest authoritie in the Boundes, doeth over-rule in the election of the sayd Commissioners, both by his authoritie, and their number being moe than the Ministers, whereof some beeing ordinarilie absent, and fiue or six, or so manie of them, put in list, and removed, there remayne but a few Ministers, to voyce to the Election: and in effect the Commissioners for the Clergie, are chosen by Laymen, contrarie to all order, decencie, and custome observed in the Christian world; no wyse according to the custome of this CHVRCH, which they pretend to follow; the Presbyteries formerlie never associating to themselves Lay-Elders in the election of the Commissioners to the Generall Assemblie, but onlie for their assistance in Discipline, and correction of Manners; calling for them at such occasions, as they stoode in neede of their Godlie Concurrence; declaring otherwyse their meeting not necessarie; and providing expresselie, that they should not be equall, but fewer in number, than the Pastors: as by the Act of Assemblie at Saynct-Andrewes, Aprill 24, 1582, (where Master Andrew Melvill was Moderatour) doeth appeare: lyke as these fourtie yeares by-gone, and vpwardes, long before the re-establishing of Bisshops, these Lay-Elders haue not beene called at all to Presbyteries. And by the Act at Dundie, 1597; whereby it is pretended, That Presbyteries haue authoritie to sende these Lay-Commissioners, it doeth no wyse appeare, that those Lay-Elders had anie hand in choosing of the Ministers. And this is the onlie Act of the Assemblie, authorizing Presbyteries, to choose Commissioners to the Generall Assemblie: nor haue Lay-Elders sate ordinarilie in Presbyteries, vpon anie occasion, these fourtie yeares, and vpwardes: nor ever had anie place, nor voyce, in the election of Ministers, for the Generall Assemblie; and consequentlie, these chosen by them to this Assemblie, haue no lawfull power, nor authoritie.

VII. Beside; the persons Ecclesiasticall, pretended to be authorized Commissioners to this Assemblie, haue so behaved themselues, that justlie they may be thought vnworthie and vncapable of Commission to a Free and Lawfull Assemblie.

1. For that by their seditious and rayling Sermons and Pamphlets, they haue wounded the King’s Honour and Soveraygne Authoritie, and animated his Liedges to Rebellion; averring that all Authoritie Soveraygne, is Originallie in the Collective bodie, derived from thence, to the Prince; and that not onlie in case of negligence, it is Suppletive in the Collectiue bodie, as beeing communicate from the Commontie to the King; Cumulative, not Privative; but also in case of maladministration, to returne to the Collectiue bodie; so that Rex excisit jure suo, and that they may refuse Obedience.

2. Next; they are knowne to bee such as haue eyther beene Schismaticallie refractarie and opposite to good Order setled in the CHVRCH and STATE; or such as having promised, subscribed, and sworne Obedience to their Ordinarie, haue never made conscience of their Oath; or such as haue sworne, and accordinglie practised; yet contrarie to their Promise and Practise, haue resiled, to the contempt of Authoritie, and disturbance of the CHVRCH; or such as are vnder the Censures of the Church of Ireland, for their disobedience to Order; or vnder the Censures of this CHVRCH; or conveaned, at least deserving to bee conveaned before the Ordinaries, or a lawfull Generall Assemblie, for diverse Transgressions, deserving deprivation: As, first, For vttering in their Sermons rash and irreverend speaches in Pulpit, agaynst his Majesties Councell, and their Procedinges, punishable by Deprivation: by the Act of Assemblie at Edinburgh, May 22. anno 1590. Next; For reproving his Majesties Lawes, Statutes, and Ordinances, contrarie to the Act of Assemblie at Pearth, May 1. Anno 1596. Thirdlie; For expressing of mens names in Pulpit, or descrybing them viuelie to their reproach, where there was no notorious fault; agaynst another Act of the same Assemblie. Fourthlie; For vsing Applications in their Sermons, not tending to the edification of their present Auditorie; contrarie to another Act of the same Assemblie. Fiftlie; For keeping Conventions, not allowed by his Majestie, without his knowledge, and consent; contrarie to another Act of the same Assemblie. Sixtlie; For receaving of people, of other Ministers Flockes, to the Communion; contrarie to Order, Actes of Assemblies, and Counsels. Seaventhlie; For intruding themselues into other mens Pulpits, without Calling or Authoritie. Eyghtlie; For vsurping the Authoritie to convent their Brethren, and proceede agaynst them to the Censures of Suspension, and Deprivation. Nynthlie; For pressing the people to subscrybe a Covenant, not allowed by Authoritie; and opposing and withstanding the subscrybing of a COVENANT offered by his Majestie, and allowed by the Counsell: Beside manie personall faultes and enormities, whereof manie of them are guiltie, which in Charitie, we forbeare to expresse. But heereby it doeth appeare, how vnfit these persons are, to bee Members of a Free and Lawfull Assemblie.

VIII. Nor doeth it stand with Reason, Scripture, or Practise of the Christian Church, that Lay-men should bee authorized to haue decisiue voyce in a Generall Assemblie. In that Act of Dundie, 1597, whereby these Elders pretende to haue this place, there is no Warrand expressed for them, to deliberate and determine. Their presence and assistance wee approue, being allowed and authorized by the Prince. The Kings Majesties presence in person, or by his Delegates, wee holde moste necessarie to see all thinges orderlie and peaceablie done; and that hee haue the chiefe hand in all Deliberations and Determinations. Nor doe wee refuse, that anie Intelligent or moderate man, may make remonstrance of his opinion, with the reasons of it, in that way that becommeth him in a Nationall Assemblie; due reverence beeing kept, and Confusion avoyded. But that anie Lay-man, except hee bee Delegate by Soveraygne Authoritie, shall presume to haue a definitiue and decisiue Voyce, wee esteeme it to bee intrusion vpon the Pastorall Charge, and without Warrand. May wee not, therefore, intreat my Lord Commissioner his Grace, in the words of the Fathers of the Fourth Generall Councell at Chalcedon, Mitte foras superfluos? Nor will a pious Prince bee offended with it, but, with Theodosius the younger, will say, Illegitimum est, eum qui non sit in ordine Sanctissimorum Episcoporum, Ecclesiasticis immisceri tractatibus ________ And Pulcheria the Empresse, commaunded Strategus, Vt Clerici, Monachi, & Laici, vi repellerentur, exceptis paucis lilis, quos Episcopi secum duxerunt. Upon this respect was Martinus in that Councell of Chalcedon, moved to say, Non esse suum, sed Episcoporum tantum subscribere.

IX. If these pretended Commissioners, both Lay and Ecclesiasticall, were lawfullie authorized, (as it is evident they are not,) and for none other cause declinable, yet the Law doeth admit, that justlie a Iudge may bee declined, who is probablie suspect. And of all probabilities, this is the most pregnant, when the Iudge, before hee come to judgement, doeth giue sentence of these things hee hath to judge. This made our Reformers Protestation agaynst the Councell of Trent valide; and their not compearing, justifiable, because Pope Leo 10 had precondemned Luther, as appeared by his Bull, dated 8 Iunii, 1520, renewed by Paul 3, dated in August 1535. This was the cause why Athanasius would not giue his appearance at some Councells, nor Hosius of Corduba, nor Maximus Patriarch of Constantinople. But so it is, the most part, if not all of the sayde Commissioners directed to this Meeting haue precondemned EPISCOPALL GOVERNMENT, and condemned, at least suspended Obedience to the Acts of the Generall Assemblie and Parliament, concerning the fiue Articles of Pearth, haue approven their COVENANT as most necessarie to be embraced of all in this Kingdome; and not onelie haue given judgement of these thinges before-hand; but by most solemne Oathes haue bound themselues, to defende and stand to the same: as doeth appeare by their Covenant, Petitions, Protestations, Pamphlets, Libels, and Sermons. And, therefore, by no Law nor Equitie, can these pretended Commissioners bee admitted to determine in this Meeting, concerning these Persons and Poynts, which before-hand they haue so vnjustlie condemned.

X. Farther: with no Law nor Reason can it subsist, that the same persons shall bee both Iudges and Parties. And wee appeale the Consciences of all honest men, if all, at least the greatest parte of the pretended Commissioners, haue not declared themselues Partie to the Arch-bishops, and Bishops, of this CHVRCH: for in that they haue declyned the Bishops to be their Iudges as beeing their Partie, (as their Declinators, Petitions, Declarations, and Protestations doe beare,) haue they not simul & semel, & ipso facto declared themselues to bee Partie agaynst Bishops? Whom they haue not onlie declyned, but persecuted by their Calumnies and Reproaches, vented by word and writ, in publicke and in private; by invading their persons, opposing and oppressing them, by strength of an vnlawfull Combination; for the subscrybing and swearing whereof, they haue by their owne Authoritie indicted and kept Fastes, not onelie in their owne Churches, but where worthie men refused to bee accessorie to these disorderlie and impious Courses, they haue, by ayde of the vnruly multitude, entered their Churches, vsurped vpon their Charges; reading, and causing to be read, that vnlawfull Covenant; by threatning and menacing, compelling some (otherwise vnwilling) out of just feare, to set their hands to it; by processing, suspending, and removing obedient and worthie Ministers from their places by the vsurped Authoritie of their Table, and Presbyteries. And whereas by all Law and Iustice, persons finding themselues wronged in Iudgement, haue never beene denyed the remedie of Declinatorie and Appellation: Neverthelesse not a few of these Presbyteries haue proceeded against sundrie worthy Ministers, who haue declined and appealed from their Iudgments, without respect to this Defence: by these means craftilie intending to disable them to be Commissioners for the CHVRCH; directlie, or indirectlie, causing their Stipendes to bee kept backe from them: By which meanes, not the least parte of the subscribing Ministers haue bene gained to their Covenant.

But it is without example, vncharitable, and illegall, that vnder the pretext of Summons (the like whereof was never vsed, nor in the like manner, agaynst the most haynous Malefactors in the kingdome) they haue devised, forged, vented, and published a most infamous and scurrile Libell, full of impudent Lies, and malicious Calumnies, against the Arch-bishops, and Bishops, of this CHVRCH: and haue first given out from their Table, the Order prescrybed in these subsequent Articles, which we haue insert, that the World may be Witnesse of the Illegalitie and Malicousnesse of their Proceedinges.

1. To desire the Presbyterie of everie Bishop, especiallie where hee keepeth his residence, as also the Presbyterie where his Cathedrals Seat is, to haue a speciall care of this Bill, and Complaynt agaynst the Prelates, and particularlie agaynst the Bishop of their Diocese.

2. That some Noble-men, if anie be within the Presbyterie, some Gentle-men and Barons, some Ministers, and some Commons, who are not chosen Commissioners to the Assemblie, in their owne Name, and in Name of all other Covenanters, or Complayners, eyther within the Presbyterie, or Diocese, or whole Kingdome, who are not Commissioners to the Assemblie, will adheare and assist in this Complaynt, that they present this Bill to the Presbyterie.

3. That they who are Complayners, haue a particular care to fill up the Blanks left in the Bill, in the Subsumptions of the particular Faults committed by the Bishop of the Diocese, agaynst these generall Rules, Canons, and Actes: or if these Blankes will not contayne the same, that the Complayners draw vp in a particular Clayme, all the particular Faultes, and Transgressions of the Bishop of that Diocese, agaynst these Rules, Canons, and Acts, or anie other Law of the Church, or Kingdome; and present the same to the Presbyterie, with this generall Complaynt. And if they can not get the Particulars presentlie readie, notwithstanding, they present without anie delay, because of the scarcenesse of the tyme, this Complaynt, as it standeth with the Blanks: and in the meane tyme, may gather anie other Particulars, agaynst the Assemblie, to which this Complaynt is to bee referred.

4. That the Presbyterie finding the Complaynt important, & the Generall Assemblie so approaching, referre the same to the Generall Assemblie, by an Act of this Reference, insert in the Bookes of the Presbyterie.

5. That vpon this Reference of the Complaynt to the Assemblie, the Presbyterie admonish the Complayners, apud acta, to be present at the sayde Assemblie, for assisting and verifying of the sayde Complaynt.

6. That the Presbyterie ordayne all their Pastors, out of Pulpit, on a Sabbath-day, before noone, to cause reade publicklie this whole Complaynt, and the Presbyteries Reference to the Assemblie; and so to admonish the Bishop of that Diocese, the Delinquent complayned upon, with the rest of his Collegues, to be present at the Gen. Assembly, to answere to the particular Complaynt, both in the particular and generall heads thereof, given, or to be given in; & to abide the censure & tryall of th’ Assemblie therevpon. And lykwyse, out of Pulpit to admonish all others, who haue interest eyther in the persuing, or referring this Complaynt, to be present, at the sayd Assemblie.

7. That the Presbyterie insert, in their Presbyterie-Bookes, the whole tenour of this Complaynt, both in the generall and particular heads thereof; and that they haue a care, to cause deliver, by their ordinary Beadell, to the Bishop of the Diocese, a Copie thereof, and a Copie of an Act, referring the same to the Assemblie; and summon him, to compeare before the Assemblie. And if he be within the Countrey, and cannot be personallie apprehended, to affix a full copie thereof vpon each dwelling place, and vpon the most patent doore of the Cathedrall Church, and Episcopall Seat.

8. That the Complayners, within the Presbyterie where the Bishop is resident, or hath his Cathedrall, be carefull to keep corresponce with those in other Presbyteries within their Diocese, who best can specifie and verifie their Bishops vsurpation, & transgressions; and who had particular Articles, to gather particular Declarations, and Informations, of the same.

9. That some of these Complayners, in their own name, and with Warrand and Power from the rest, without fayling, attend the Assemblie, with the generall Complaynt, and particular Verifications, and Specifications, of the same.

10. That in case the Presbyterie where the Bishop hath his residence, or where he hath his Cathedrall, and Episcopall Seat, refuse to receaue this Complaynt, or referre the same to the Assemblie, or to admonish, or cite, the Bishop delinquent, before the Assemblie, to aunswere to the Complaynt; That the Gentle-men, and others, who are Complayners to the Presbyteries, vpon their Refusall, take instrument, in the handes of the Clerke of the Presbyterie, or anie Notarie; and protest, That their Refusall of the ordinarie care of Iustice, procured (without doubt) by the Bishop of that Diocese, delinquent, complayned of, the equivalent of Law and Reason, bee a formall Citation of him. Which Protestation, they may affixe vpon the dwelling-house of the sayde Bishop, or vpon his Cathedrall Church, or vpon the pryme Church within the Presbyterie. And, That they may deale with anie other Presbyterie within the Diocese, who is better disposed, and vpon their receat of the Complaynt, will referre the same to the Assemblie, and cite the Bishop in manner aboue-expressed, to compeare before the sayd Assemblie.

11. Item: Perhaps some Minister within the Presbyterie, may thinke some Heads of this Complaynt, not to be relevant in his Opinion, or know the Bishop not to bee guiltie of all the particular Heads contayned therein: Yet hee in Iustice can not refuse to referre the tryall of the Relevancie, and Probation thereof, to the Generall Assemblie, especially, seeing the Relevancie and Probation of moe or fewer Points agaynst the Bishop of the Diocese, is sufficient; and seeing the Subsumption of everie particular Head, is agaynst the Bishop of the Diocese, with his Colleagues.

12. Item, to desire the Presbytery, vpon Complaynts vpon anie persons within the same, against any scandalous Minister, eyther in Doctrine or Lyfe, eyther to judge the Complaynt, or referre the same to the tryall and censure of the Generall Assemblie, and so to admonish and cite the Minsters complayned vpon, to compeare before the Generall Assemblie, for that ende.

According to which Articles, vpon Sunday, October 28, they caused reade the sayd Libell in all the Churches of Edinburgh, notwithstanding my Lord Commissioners command given to the Provest and Baylies to the contrarie, except in Holie-Rood-House, where it was read the next Sunday, as it was in other Churches of the Kingdome: proceeding heerein, 1. Agaynst all Charitie, which doeth not behaue it selfe vnseemlie, nor delighteth in the discoverie of mens nakednesse, nor take vp a reproach, nor backbite with the tongue; much lesse to write a Booke agaynst a Brother. 2. Agaynst the order prescrybed by the Apostle; Not to rebuke an Elder, but to intreate him as a Father: and by the Act of Parliament, Iac. 6, Parl. 8, discharging all persons to impugne or to procure the diminution of the authoritie & power of the three Estates, or anie of them. 3. Agaynst all lawfull and formall proceeding, speciallie, that prescrybed by Act of Generall Assemblie at Pearth, Martij. 1, 1596; whereby it is ordayned, That all Summons contayne the speciall Cause and Cryme: which the sayde Libell doeth not: nameing onelie generall Calumnies, Reproaches, and Aspersions, without instruction of anie particular, but leaving these to bee filled vp by malitious delation, after they haue defamed their Brethren by publishing this Libell: as appeareth by the 8 and 11 Articles of the sayde Instructions. And agaynst the order prescrybed by the Assemblie at Saynct-Andrewes, Aprill 24, 1582; whereby it is enacted, That in processe of deprivation of Ministers, there be a libelled Precept vpon fourtie dayes warning, beeing within the Realme; and threescore dayes, being without the Realme, to bee directed by the Church, and such Commissioners thereof, as elect and admit the person complained of, summoning them to compeare, & answere vpon the Complaint. And in case of their absence at the first Summons, the second to be directed vpon the lyke warning, with certification: if hee faile, the Libell shall be admitted to probation, and he shall bee holden pro confesso. Which forme not beeing kept in a Summons inferring the punishment of Deprivation, the same can not bee sustayned by the order of that Assemblie. 4. Agaynst common Equitie, which admitteth Summons onlie by the authoritie of that Iudge before whom the Delinquent is to compeare. Whereby the Summons directed by the authoritie of these pretended Presbyteries, can not sustayne, for compearance before the Generall Assemblie, nor could reference bee made from the Presbyterie, to the Generall Assemblie, the parties never beeing summoned to compeare before the Presbyterie, whereby eyther in presence of the Partie, or in the case of contumacie, the Complaynt might be referred to the Assemblie. That there was no Citation before the Reference, is cleare, by the sayd Instructions. And what a strange and odious forme it is, to insert such a calumnious Libell in the Presbyterie-Bookes, without citing of the Parties, to aunswere therevnto; and to cite the Bishops before the Generall Assemblie, by the sayde Libell, by publishing the same at Churches, to the which they had no Relation, and were manie miles distant; wee leaue it to the judgement of indifferent men. 5. Agaynst all Decencie, and respect due to men of their Place, the sayde persons, beeing Men of Dignitie, and some of them of his Majesties moste HONOVRABLE PRIVIE COVNCELL, and knowne to bee of blamelesse Conversation, and to haue deserved well, thus to be reviled, and traduced, doeth redound to the reproach of Church, and State, and of the Gospell, whereof they are Preachers. 6. Lastlie, to omit manie other Informalities agaynst their owne Consciences, which wee charge in the sight of GOD, as they must answere before His Great and Fearfull Tribunall, If they suspect, and know not perfectlie, according to the judgement of Charitie, them whom they thus accuse, to bee free of these Crimes, wherewith they charge them; at least of manie of them; as appeareth evidentlie by the xj Article of the said Instructions, having therein libelled the Generall, and haue yet to seeke the Specification thereof, from the malice of their neighbours, if so bee they can furnish it. By which informall and malitious Proceeding, it is most apparent, that our sayd Parties doe seeke our disgrace and overthrowe, most malitiouslie, and illegallie. And therefore, wee call Heaven and earth to witnesse, if this bee not a barbarous, and violent persecution, that all Circumstances being considered, hath few or none to parallell it, since the beginning of Christianitie: and if wee haue not just cause to decline the sayde pretended Commissioners, as our Partie.

Moreover, can these men expect, but in a lawfull Assemblie they were to bee called and censured for their enorme transgressions foresayde? And will anie man thinke, that they can be judges in their owne cause? it is alleadged out of the Canon-Law, agaynst the Pope, that if the Pope bee at variance with anie man, he ought not to bee judge himselfe, but to choose Arbitrators. And this may militate agaynst them; except they bee more vnrulie than Popes. Ludovicus Bavarus, and all the Estates of Germanie with him, did pleade this Nullitie agaynst the sentence and Proceeding of Pope Iohn 22, and of his Councell. And the Archbishop of Cullen, 1546, did pleade the Nullitie of Paull 3 his Bull of Excommunication, because hee protested, that so soone as a lawfull Councell should bee opened, hee would impleade the Pope as Partie, beeing guiltie of manie thinges censurable by the Councell.

But the late Protestation doeth show the Authors thereof, to bee no lesse injurious to our Place, and Authoritie, than they are overweening of their owne. For it is agaynst Reason and Practise of the Christian Church, that no Primate, Archbishop, nor Bishop, haue place nor voyce deliberatiue, nor decisue, in Generall Assemblies, except they bee authorized, and elected, by their Presbyterial Meetinges, consisting of Preaching and Ruling Elders, (as they call them) and without Warrand, or Example, in the Primitiue, and purest tymes of the Church.

XII. This also doeth inferre the Nullitie of an Assemblie, if the Moderator and President for matters of Doctrine, and Discipline, shall bee neyther the Primate, Arch-bishop, nor Bishop; but he who by pluralitie of Presbyters, and Lay-mens voyces, shall bee elected: which happilie may bee one of the inferiour Clergie, or a Lay-person, as sometymes it hath fallen out. Whereas Canonicallie, according to the auncient practise of the CHVRCH, the Primate should preside: according to the Constitution of the First Councell of Nice, Can. 6, of Antioch, Can. 9, and of the Imperiall Lawe, Novell. Constitut. 123, Cap. 10, and according to our owne Lawe. For what place in Assemblies, Arch-bishops and Bishops had in other Christian Nations, the same they had (no doubt) in SCOTLAND, and yet still doe retayne, except by some Municipall Lawe it hath beene restrayned, which can not bee showne: For the restraynt of their Authoritie by the Act of Parliament 1592. is restored by the Act of Parliament 1606, and 1609, and all Actes prejudiciall to their Iurisdiction abrogated. Neyther doeth that Act 1592, establishing Generall Assemblies, debarre Bishops from presiding therein: Nor the abrogation of their Commission, graunted vnto them by Act of Parliament, in Ecclesiasticall Causes, imply and inferre the abrogation of that Authoritie, which they receaved not from the Parliament, but from CHRIST, from Whom they receaved the Spirituall Over-sight of the Clergie, vnder their Charge: wherevnto belongeth the Presidentship in all Assemblies, for matters Spirituall; alwayes with due Submission to the Supreame Governour: which is so intrinsecallie inherent in them, as they are Bishops, that hoc ipso that they are Bishops, they are Presidents of all Assemblies of the Clergie: as the Chancellour of the Kingdome hath place in Councell, and Session; not by anie Act, or Statute, but hoc ipso that hee is Chancellour. By Act of Parliament, Bishops are declared, to haue their Right in Synodes, and other inferiour Meetinges; but by no Lawe restrayned, nor debarred from the exercyse of it in Nationall Assemblies: and the Lawe allowing Bishops to bee Moderatours of the Synodes, doeth present a List, in absence of the Metropolitane, to whome, of right, this Place doeth belong, as sayd is, out of which the Moderator of the Generall Assemblie shall bee chosen. For is it not more agreeable to Reason, Order, and Decencie, that out of Moderators of Synodes, a Moderator of the Generall Assemblie should bee chosen, than of the inferiour Clergie, subject to them?

As concerning that Act of the General Assemblie, Anno 1580, whereby Bishops are declared to haue no warrant out of Scripture, if corruption of tyme shall bee regarded, the authoritie of that Assemblie might bee neglected no lesse than that at Glasgow, Anno 1610. But it is ordinarie that prior Actes of Assemblies and Parliamentes giue place to the posterior; for Posteriora derogant Prioribus. And there past not full six yeares, when a Generall Assemblie at Edinburgh found, that the Name of Bishops hath a speciall charge and function annexed to it by the Word of God; and that it was lawfull for the Generall Assemblie to admit a Bishop to a Benefice, presented by the Kings Majestie, with power to admit, visite, and depriue Ministers, and to be Moderatoures of the Presbyteries where they are resident, and subject onelie to the sentence of the Generall Assemblie.

As for that Act at Montrose, let them answere to it that haue their calling by that Commission. Wee professe that wee haue a lawfull calling by the election of the Clergie, who are of the Chapter of our Cathedralls, and consecration of Bishops by his Majesties consent and approbation, according to the laudable Lawes and auncient Custome of this Kingdome, and of the Church in auncient tymes; and doe homage to our Soveraigne Lord for our Temporalities, and acknowledge him, solo Deo minorem, next vnto God in all causes, and over all persons Spirituall or Temporall; in his owne Dominions supreame Governour. But now wee may take vp Cyprian his complaint, Lib. 3. Ep. 14. Quod non periculum metuere debemus de offensâ Domini, quando aliqui de Presbyteris, nec Evangelii, nec loci sui memores; sed neque futurum Dei judicium, neque præpositum sibi Episcopum cogitantes, quod nunquam omnino sub antecessoribus factum est, cum contumelia & contemptâ præpositi, totum sibi vendicent? A’que vtinam non prostrata fratrum nostrorum salute sibi omnia vendicarent. Contumelias Episcopatus nostri dissimulare & ferre possem; sicut dissimulavi semper & pertuli; sed dissimulandi nunc locus non est, quando decipiatur fraternitas nostra à quibusdam vestrum, qui dum sine ratione restituendæ salutis plausibiles esse cupiunt, magis lapsis obsunt.

XIII. Lastlie; it is most manifest by the Premisses, how absurd it is, and contrarie to all Reason and Practise of the Christian Church, that Archbishops and Bishops shall bee judged by Presbyters; and more absurd, that they should bee judged by a mixt meeting of Presbyters and Laicks, conveaning without lawfull authoritie of the Church. Howe, and by whome they are to bee judged, according to the custome of Auncient times, may bee seene by the Councell of Chalcedon, Can. 9. and Concil. Milevit. Can. 22. and Concil. Carthag. 2. Can. 10. Nor doe wee decline the lawfull tryall of anie competent judicatorie in the Kingdome, especiallie of a Generall Assemblie lawfully constitute, or of his Majesties high Commissioner, for anie thing in life or doctrine can be layde to our charge: onlie we declare and affirme, That it is against Order, Decencie, and Scripture, that wee should be judged by Presbyters or by Laickes, without Authoritie and Commission from Soveraygne Authoritie.

For the reasons fore-sayd, and manie moe, and for discharge of our duetie to GOD, to his CHVRCH, and to our Sacred Soveraygne, lest by our silence we betray the CHVRCHE’S right, his Majesties Authoritie, and our owne Consciences, Wee for our selues, and in Name of the CHVRCH of SCOTLAND, are forced to protest, That this Assemblie bee reputed and holden Null in Lawe Divine and Humane; and, That no Church-man bee holden to appeare before, assist or approue it; and therefore, that no Letter, Petition, Subscription, Interlocutor, Certification, Admonition, or other Act what-so-ever proceeding from the said Assemblie, or anie member thereof, bee anie wise prejudiciall to the Religion and Confession of Fayth by Act of Parliament established, or to the Church, or anie member thereof, or to the Iurisdiction, Liberties, Priviledges, Rentes, Benefices, and Possessions of the same, Actes of Generall Assemblie, of Councell, and Parliament, in Favoures thereof; or to the three Estates of the Kingdome, or anie of them; or to vs, or anie of vs, in our Persons, or Estates, Authoritie, Iurisdiction, Dignitie, Rentes, Benefices, Reputation, and good Name: But on the contrarie, That all such Actes and Deedes aboue-mentioned, and every one of them, are, and shall bee reputed and esteemed vnjust, illegall, and Null in themselues; with all that hath followed, or may follow there-vpon.

And for as much as the sayde Assemblie doeth intende, (as we are informed) to call in question, discusse, and condemne thinges not onelie in themselues lawfull, and warrandable; but also defined and determined by Actes of Generall Assemblie, and Parliaments, and in practise accordinglie; to the disgrace and prejudice of Reformed Religion, authoritie of the Lawes and Liberties of the Church and Kingdome; weakning his Majesties Authoritie, disgracing the Profession and Practise, which hee holdeth in the Communion of the Church where he liveth; and branding of Reformed Churches, with the foule aspertions of Idolatrie and Superstition: Wee protest before GOD and man, that what shall bee done in this kinde, may not redound to the disgrace or disadvantage of Reformed Religion, nor bee reputed a deede of the Church of SCOTLAND.

Wee protest, that wee imbrace and hold, That the Religion presentlie professed in the Church of Scotland, according to the Confession thereof, receaved by the Estates of this Kingdome, and ratified in Parliament, the yeare 1567, is the true Religion, bringing men to Eternall Salvation, and doe detest all contrarie Errour.

Wee protest, That Episcopall Government in the Church, is lawfull, and necessarie: and, That the same is not opposed, and impugned, for anie Defect or Fault, eyther in the Government or Governoures; but by the malice and craft of the Devill, envying the successe of that Government in this CHVRCH these manie yeares by-past, most evident, in planting of Churches with able and learned Ministers, recovering of the Church Rents, helping of the Ministers Stipends, preventing of these jarres betwixt the KING and the CHVRCH, which in former tymes dangerouslie infested the same, keeping the people in Peace and Obedience, and suppressing of Poperie, which in respect eyther of the number of their Professoures, or boldnesse of their Profession, was never at so lowe an ebbe in this Kingdome, as before these stirres.

Wee protest, That seeing these who for scruple of conscience did mislyke the Service-Booke, Canons, and high Commission, which were apprehended, or given foorth, to be the cause of the troubles of this Church, haue now receaved satisfaction, and his Majestie is graciouslie pleased to forget and forgiue all offences by-past in these stirres; that all the Subjectes of this Kingdome may liue in Peace and Christian Loue, as becommeth faythfull Subjectes, and good Christians; laying aside all hatred, envye, and bitternesse. And if anie shall refuse so to doe, they may beare the blame, and be thought the cause of the troubles that may ensue: and the same bee not imputed to vs, or anie of vs, who desire nothing more, than to liue in peace and concord with all men, vnder his Maiesties obedience, and who haue committed nothing agaynst the Lawes of the Kingdome, and Church, that may giue anie man just cause of offence; and are so farre from wishine hurt to anie man, in his person, or estate, notwithstanding all the indignities and injuries wee haue suffered, that for quenching this present Combustion, and setling Peace in this Church, and Countrey, wee could bee content, after clearing of our innocencie, of all thinges where-with wee can bee charged, not onelie to lay downe our Bishoprickes at his Majesties feet, to be disposed of at his Royall pleasure; but also, if so bee, it pleased GOD, to lay downe our lyues, and become a Sacrifice, for this Atonement.

Wee protest, in the sight of GOD, to Whom one day wee must giue Account, That wee make vse of this DECLINATOR, and PROTESTATION, out of the conscience of our duetie to GOD, and His CHVRCH; and not out of feare of anie guiltinesse, whereof anie of vs is conscious to himselfe, eyther of wickednesse in our lyues, or miscarriage in our Callings: being content, everie one of vs, for our owne particular, (as wee haue never showne our selues to bee otherwyse) to vnder-goe the lawfull, and moste exact Tryall, of anie competent Judicatorie within this Kingdome, or of his Majesties high Commissioner.

And wee moste humblie intreat his Grace, to intercede with the King’s Majestie, That hee may appoynt a Free and Lawfull Generall Assemblie, such as GOD’S Word, the practise of the Primitiue Church, and Lawes of the Kingdome doe prescrybe, and allowe, with all convenient speed, to the effect, the present Distractions of the Church may be setled. And if there be anie thing to be layd to the charge of any of the Clergie, of whatso-ever degree, eyther in Lyfe and Manners, or Doctrine, or exercise of his Calling, and Iurisdiction, hee may bee heard to aunswere all Accusations, and abyde all tryall, eyther for clearing his innocencie, or suffering condigne punishment, according to his Transgressions: declyning alwayes this Assemblie, for the causes aboue-written. Lyke as by these Presentes, wee, and everie one of vs, declyne the same, the whole Members thereof, and Commissioners fore-sayd, directed therevnto, and everie one of them.

Wee protest, That this our PROTESTATION in respect of our lawfull absence, may bee receaved, in the Name of vs vnder-subscribing for our selues, and in the Name of the CHVRCH of SCOTLAND, that shall adheare to the sayde PROTESTATION, and in the Name of everie one of them, From our well-beloved, Doctor Robert Hamilton, Minister at Glasford:

To whome, by these Presentes, wee giue our full Power, and expresse Mandate, to present the same in or at the sayde Assemblie, or where else, it shall bee necessarie to bee vsed; with all submission, and obedience, due to our Gracious Soveraygne, and his Majesties High Commissioner. And vpon the presenting and vsing thereof, Acts and Instrumentes to craue, and all other thinges to doe, that necessarilie are requyred in such Cases: firme and stable holding, or for to holde, what hee, or anie of them, shall lawfullie doe in the Premisses.

In witnesse where-of, as wee are readie with our Blood, so with our Hand, wee haue subscrybed these Presentes, at the Palace of Holierood-Hovse, New-castle, and Glasgow, the 16, 17, and 20 dayes of November, Anno 1638.

Et sic subscribitur.

Jo: Sᵗⁱ Andreæ Arch. [Jo. Spottiswood.]
Pa: Glasgow. [Patrick Lindsay.]
Da: Edinburgen. [David Lindsay.]
Tho: Gallovidien. [Thom. Sydserfe.]
Jo: Rossen. [John Maxwell.]
Walterus Brechinen. [Walter Whitfoord.]

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86. His Majesty’s Observations upon the draft copy of the Declinator.[111]

Charles R.

I. The second reason to be advised with my Lord Commissioner, whether or not it be safe at this time to except against the Form of the Publication of the Indiction of the Assembly.

II. The third is a very good reason against the Proceeding of the Assembly, but will not infer a Nullity.

III. In all the reasons where the Assembly is called a pretended Assembly, it is His Majesties Pleasure, that the word pretended be deleted out of the Copy shewed to His Majesty.

IV. For the seventh reason, if it offend not the inferiour Clergie, His Majesty is contented with it.

V. In the ninth reason, to omit the precondemning of the Service-book, Book of Canons, and High Commission.

VI. The tenth reason is so full that the eighth may be totally omitted.

VII. The eleventh reason militates abundantly against all those who hold such Tenets, that they cannot Voice in the Assembly, though it Infer not an absolute Nullity of the Assembly.

VIII. The thirteenth de loco tuto, & accessu tuto, to be totally omitted.

IX. The fourteenth and last to be totally omitted.

X. In the conclusion there is one clause marked by His Majesties own Hand, which is to be omitted.

Whitehall, 19ᵗʰ October, 1638.

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1638.—November 17.
87.—Letter from the King to Hamilton.[112]

Hamilton,

Concerning our Preparations here, I have commanded the Comptroller to give you a full account, of which you may take publick notice, and declare, That as their Carriage hath forced me to take care to arm myself against any Insolence that may be committed; so you may give assurance that my care of Peace is such, that all those Preparations shall be useless, except they first break out with insolent Actions. Now for Answer to your Letter, it was never heard that one should be both Judge and Party: besides, the Lawfulness of the Judicatory must be condescended upon, before any Cause can be therein lawfully determined: therefore I say that the Assembly can in no case be Judge of their own Nullities: yet you have reason, not onely to make good what I have promised, but also to promise them a new Assembly, upon the amendment of all the Faults and Nullities of this. I approve of both your Bargains, and shall take care that you shall not lose by them, and so I rest

Your assured constant Friend,
Charles R.

Whitehall,
17 Nov. 1638.

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1638.—November 20.
88. Letter from Bishops of Ross and Brechin to the Commissioner.[113]

May it Please your Grace,

What came from my Lord S. Andrews is herewith enclosed. We humbly and heartily thank your Grace for your excessive favour and kindness towards us: we must take it the more kindly, that we know at such a time it is to let others see what respect your Grace carries to our Coat; for our selves we could more willingly chuse a more sober diet and less ease: considering our own Sins, and the difficulties of the Times, do admonish us rather to fast than feast, to afflict our Souls rather than to relish any worldly pleasure. But above all we two for our selves, and in name of our Brethren, do with most thankful hearts acknowledg your Graces most pious care of the Liberties of this poor distressed and distracted Church; and especially the solicitude and care your Grace hath, that our Protestation be orderly done, secretly kept, and seasonably presented, before either the Cause, or we that are Bishops, suffer wrong. It is that which now concerneth us most and is dearest to us, both for Conscience before God, and our credit to the present Age and future; and we cannot express how happy we are to have in this Exigent such a Pious and Noble Patron, careful and sollicitous with the most tender affection both of our Cause and Persons, where otherwise (with the greatest loss, at least hazard, can be, to discharge our Duty to God and his Church) we should be necessitated to doe it our selves, and haply neither with so much safety nor honour. God will reward your Grace we are confident, and bless your Grace and yours; for we dare aver in this Division your Grace hath made choice of the better part. The Difficulties are great, the Hopes none, but too pregnant Fears to the contrary; yet it is the more like to be Gods Cause, that his Work may appear: and it may be called digitus Dei, and marvellous in our eyes. Mans extremity is Gods opportunity.

We have given Dr Hamilton our best directions, which we submit humbly to your Graces better Judgment, to add and command what you think fit: he needs no more Deputation, but the inserting of his name in the Procuratory, which is in the close of the Declinator. Above all we have recommended to him, a care that it may be timeously presented; but in this we trust only to your Grace.

As we pity the Difficulties your Grace is cast into, so shall we be earnest supplicants to God Almighty, to bless and preserve your Grace in this and all other Services, wherewith God and his Majesty hath trusted you.

Your Graces most humble and
bounden Servants,
John Rossen.
Wal. Brechinen.

Postscript.—What goes from my Lord of St Andrews directed to me, I beseech your Grace to open and read for your own use.

Hamilton, Nov. 20. 1638.

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1638.—November 21.
89. Letter from the King to Hamilton.[114]

Hamilton,

This is rather to give the reason of My Answer than the Answer it self, (you being to receive it at large by My Lord of Canterbury.) The truth is, that the same reason which made me blot out the whole Sentence before, hath made me desire to alter a word now; to wit, that I should not be thought to desire the abolishing of that in Scotland, which I approve and maintain in England, namely, the Five Articles of Perth: now the word content expresses enough my consent to have them surcease for the present; but the word pleased, methinks, imports as much as if I desired them to take them away, or, at least, were well pleased that they should doe so. But I leave it to your ordering, so that you make it be clearly understood, that though I permit, yet I would be better pleased if they would let them alone; and so I rest,

Your assured constant Friend,
Charles R.

Whitehall, 21ᵗʰ of
Novemb. 1638.

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1638.—November 21.
90, 91. Letters from the King to Hamilton.[115]

Hamilton,

This is rather to shew you, that I do not forget you nor your pains, than for any Answer that your last Leter needs, it being more of Accounts than Demands. Onely I shall tell you, that you needed not to have made an Excuse for asking the Ten Thousand pounds Sterling; for I know that there is but too much use for it, and the more I consider it, I find you have the more reason: therefore I assure you that what may be done shall be done in this, and with what speed is possible; and so I rest

Your assured constant Friend,
Charles R.

Whitehall,
21 Nov. 1638.

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Hamilton,

I have heard this day that the Dean of Durham is dead, for the disposing of which Place, though I may have many Suiters, and (which is more) though heretofore I have had divers Intentions upon the disposing of that Place, for the better accommodating of my Service, the reason of which is now as forcible as ever; yet I have thought fit not to dispose of it till I might (if your stay be not longer than I expect) speak with you: and to shew you that I am not unmindful of the daily pains that at this time Balcanqual takes in my Service, I would let you see the case before I dispose of it, and have your Opinion, if he might not stay a little longer for another nearer my eye, and yet not dishearten him, when it may accommodate my Service another way; and so I rest

Your assured constant Friend,
Charles R.

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1638.—November 21.
92, 93. Speech of Commissioner to the Assembly, and the King’s offers to it.[116]

My Lords and the rest of this Reverend Assembly,

The making of long Harangues is not suitable either with my Education or Profession, much less with this Time, which now after so much talking ought to be a time of Action.

I pray God that as a great (and I hope the worst) part of mens Spirits have been evaporated into bitter and invective Speeches, so the best and last part of them may be reserved for Deeds, and these answerable to the Professions which have been made on all sides when this great Assembly should come.

For the Professions which have been made by Our Sacred Soveraign (whom God long preserve to reign over us) I am come hither by His command to make them good to His whole People, whom to His grief He hath found to have been poysoned (by whom I know not well, but God forgive them) with misconceits of His Intentions, concerning the Religion professed in this Church and Kingdom. But to rectifie all such Misconceptions of His Subjects, his Majesties desire is, that before this Assembly proceed to anything else, His Subjects may receive ample and clear satisfaction in these Points, wherein His Majesties gracious Intentions have been misdoubted, or glanced at, by the malevolent Aspects of such as are afraid that His Majesties good Subjects should see His clear mind through any other Glasses or Spectacles, than those they hare tempered and fitted for them.

Those sinistrous Aspersions, dispersed by surmizes, have been especially two; first, as if there had been in His Majesty, if not some Intention, yet at least some inclination, to give way, if not to Alterations, yet to some Innovations in the Religion professed in, and established by the Laws of this Church and Kingdom.

I am confident that no man can harbour or retain any such thought in his breast any more, when His Majesty hath commanded that Confession of Faith, (which you call the Negative) to be subscribed by all His Subjects whatsoever, and hath been Graciously pleased to put the Execution of this His Royal Command in your own hands.

The next false, and indeed foul and devilish Surmize, wherewith His good Subjects have been misled, is, that nothing promised in His Majesties last most Gracious Proclamation, (though most ungraciously received) was ever intended to be performed, nay, not the Assembly it self: but that only Time was to be gained, till His Majesty by Arms might oppress this His Own Native Kingdom; than which Report Hell it self could not have raised a blacker and falser.

For that part which concerneth the Report of the Intention of not holding the Assembly, this Day and Place, as was first promised and proclaimed, (thanks be to God,) confuteth that Calumny abundantly; for the other of making good what His Majesty did promise in His last Gracious Proclamation, His Majesty hath commanded me thus to express His Heart to all His good Subjects.

He hath seriously considered all the Grievances of His Subjects, which have been presented to Him, by all and several of their Petitions, Remonstrances, and Supplications, exhibited unto Himself, His Commissioner, and Lords of His Secret Council, and hath graciously granted them all; and as He hath already granted as far as could be by Proclamation; so he doth now desire, that His Subjects may be assured of them by Acts of this General Assembly, and afterwards by Acts of Parliament respective.

And therefore he not onely desires, but commands, that all the Particulars he hath promised be first gone in hand with in this Assembly, and enacted, and then afterwards what His Subjects shall desire being found reasonable may be next thought upon, that so it may be known to God and the whole World, and particularly to all His good Subjects, how careful His Majesty is to discharge himself of all his Gracious Promises made to them; hoping that when you shall see how Royally, Graciously, and Faithfully His Majesty hath dealt with you, and all his Subjects, you will likewise correspond in loyal and dutiful Obedience, in chearful but calm and peaceable Proceeding, in all other business to be treated of in this Assembly: and because there shall be no mistake, I shall now repeat the Particulars, that you may see they are the same which were promised by His Majesties first Proclamation.

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Charles R.

The Kings Majesty being informed, that many of His good Subjects have apprehended, that by the introduction of the Service-book and Book of Canons, the in-bringing of Popery and Superstition hath been intended, is Graciously pleased to discharge the said Books, and to annul all Acts made for establishing thereof; and for His good People their further satisfaction, is Graciously pleased to declare by me, that no other in that kind shall hereafter be introduced, but in a fair and legal way of Assembly, allowed by Act of Parliament, and the Laws of this Kingdom.

The Kings Majesty, as he conceived for the ease and benefit of the Subjects, established the High Commission, that thereby Justice might be administred, and the Faults and Errours of such persons as are made liable thereto taken order with, and punished with the more convenience, and less trouble to the People: but finding His Gracious Intentions to be herein mistaken, hath been pleased, likeas he is Graciously content, that the same be discharged, with all Acts and Deeds made for the establishing thereof, and is pleased to declare by me, that that Court or Judicatory, nor no other of that nature, shall be brought in hereafter, but in that way allowed by the Laws of this Kingdom.

And the Kings Majesty being informed, that the urging of the five Articles of Perth’s Assembly hath bred Distraction in the Church and State, hath been Graciously pleased to take the same into His consideration, and for the quiet and peace of Church and State, doth not onely dispense with the practice of the said Articles, but also discharges, and by these hath discharged, all and whatsoever Persons from urging the practice thereof, upon either Laick or Ecclesiastic person whatsoever: and doth hereby free all His Subjects from all Censure and Pain, whether Ecclesiastical or Secular, for not urging, practising, or obeying them, or any of them, notwithstanding any thing contained in the Acts of Parliament or General Assembly, to the contrary.

And because it is pretended, that Oaths have been administred to Ministers at their entry, contrary and differing from that which is set down in the Acts of Parliament, His Majesty is pleased to declare and ordaine, that no other Oath shall be required of any Minister at his entry than that which is expressly set down in the Acts of Parliament; and this He is content be considered of in the Assembly, to be represented to the Estates of Parliament, and enacted as they shall find expedient.

And that it may appear how careful His Majesty is that no Corruption or Innovation shall creep into this Church, neither any scandal, vice, or fault of any person whatsoever censurable or punishable by the Assembly, go unpunished, it is his Majesties Pleasure, likeas by these His Majesty does assure all His good People, that hereafter General Assemblies shall be kept as oft as the Affairs of this Kirk shall require: and to this purpose, because it is probable that some things necessary for the present Estate and Good of this Church may be left unperfected at this present Assembly, We do by these indict another Assembly to be holden at __________. And that none of Our Subjects may have cause of Grievance against the Procedure of Prelats, Our Pleasure is, that all and every one of the present Bishops, and their Successours, shall be answerable, and accordingly from time to time censurable according to their Merits by the Assembly, which His Majesty is likewise pleased be enacted in this present Assembly, and thereafter ratified in Parliament.

And to give all His Majesties good People good assurance that he never intended to admit any Alteration or Change in the true Religion professed within this Kingdom, and that they may be truly and fully satisfied of the Reality of His Intentions towards the maintainance of the Truth and Integrity of the same, His Majesty hath been pleased to require and command all His good Subjects to subscribe the Confession of Faith, subscribed by His dear Father in Anno 1580. and for that effect hath ordained the Lords of His Privy Council to take some speedy course whereby the same may be done through the whole Kingdom; which His Majesty requires likewise all those of this present Assembly to sign, and all others His Subjects, who have not done it already: and it is His Majesties Will, that this be inserted and registred in the Books of this Assembly, as a Testimony to Posterity, not onely of the sincerity of His Intentions to the said true Religion, but also of His Resolution to maintain and defend the same and His Subjects in the professing thereof.

C. R.

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1638.—November 21.
94. List of Members of the General Assembly at Glasgow, which met this day.[117]

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Commissioner for the Kings Majestie,

James Marques of Hamiltoun.

Commissioners from the Presbyteries of Scotland, both of the Ministrie, and of the ruling Elders, and of Burgesses, as they are within the Presbyteries.

Presbyterie of Dunce.

Maister Alexander Carse minister at Polwart.
M. Iohn Hume Min. at Eccles.
M. Thomas Suintoun min, at Saint Bathanes.
Sir David Hume of Wederburne Knight, Elder.

Presb. of Chirnside.

M. George Roul minister at Mordingtoun.
M. Thomas Ramsay min. at Foldoun.
M. Walter Swintoun min. at Swintoun.
Iames Earle of Home, Elder.

Presb. of Kelso.

M. Richard Sympson min. at Sproustoun.
M. William Penman min. at Morbattle.
Andrew Ker of Lintoun, Elder.

Presb. of Iedburgh.

M. Robert Brounley min. at Kirktoun.
M. Iames Wilkie minister at Creling.
M. Robert Cunninghame min. at Hawick.
Sir William Dowglas of Cavers, Elder.
Robert Simpson, burgesse of Iedburgh.

Presb. of Erstiltoun.

M. Iohn Matland min. at Glenkirk.
M. Harie Cockburne min. at Gingilkirk.
Iohn Lord Cranstoun, Elder.
M. Alexander Hume, bailie, burgesse of Lawder.

Presb. of Melrosse or Selkirke.

M. William Iameson min. at Langnewtoun.
M. Robert Martin min. at the new kirk of Ettrick.
M. Iohn Knox min. at Bowdoun.
Sir Iohn Ker of Cavers, Elder.

Presb. of Dumbar.

M. Patrick Hammiltoun min. at Innerweek.
M. Iohn Lawder min. at Tuninghame.
M. Iohn Dalyel min. at Prestoun Kirk.
Sir Patrick Hepburn of Waghtoun Knight, Elder.
George Purves, burgesse of Dumbarre.
M. Patrick Hume, burgesse of North-berwick.

Presb. of Hadingtoun.

M. Iohn Ker minister at Salt-prestoun.
M. Iames Fleeming minister at Bathans.
M. Iohn Oswald minister at Pencaitland.
Iohn Lord Hay of Yester, Elder.
M. George Gray, common clerk, burgesse of Hadingtoun.

Presb. of Dalkeith.

M. Iames Porteous minister at Lesswade.
M. Iames Robertson minister at Cranstoun.
M. Olivhar Colt minister at Inneresk.
William Earle of Louthian, Elder.

Presb. of Edinburgh.

M. Andrew Ramsay minister in Edinburgh.
M. Harie Rollock minister in Edinburgh.
M. William Colvin minister at Cramond.
Iohn Lord of Balmerino, Elder.
Iames Cochran, Dean of Guild in Edinburgh.
Thomas Paterson, burgesse of Edinburgh.
M. Iohn Adamson, Principall of the University of Edinburgh.

Presb. of Linlithgow.

M. Richard Dickson minister at Kinneill.
M. Andrew Keir minister at Carriden.
M. Iames Symson minister at Bathgate.
George Dundas of that ilk, Elder.
Iames Glen, Provest of Linlithgow.

Presb. of Sterling.

M. Iames Edmistoun minister at Saint Ninians.
M. William Iustice minister at Gargunnock.
M. Edward Wright minister at Clackmannan.
Sir William Murray of Toughadame, Elder.
Thomas Bruce, Provest of Sterling.

Presb. of Peebles.

M. Iohn Bennet minister at Kirkurde.
M. Robert Levingstoun min. at Skirling.
M. Hew Ker minister at Traquare.
Iames Williamson, Provest of Peebles.

Presb. of Middlebie.

M. Simeon Iohnstoun minister at Annan.
M. Iohn Hammiltoun minister at Wasterkirk.
Iames Lord Iohnstoun, Elder.

Presb. of Lochmaban.

M. Robert Henderson minister at Lochmaban.
M. David Roger minister at Tundergarth.
Iames Dowglasse of Moussewald, Elder.

Presb. of Penpont.

M. George Cleland minister at Durisdier.
M. Samuell Austine minister at Penpont.
William Ferguson of Craigdarroch, Elder.

Presb. of Dumfreis.

M. Iames Hammiltoun minister at Dumfreis.
M. William Makjore minister at Carlaverock.
M. Alexander Tran minister at Lochroytoun.
Iohn Charteris younger of Amesfield, Elder.
Iohn Irving, late Provest of Dumfreis.

Presb. of Kirkcubright.

M. Samuell Rutherford minister at Anweth.
M. William Dalglish minister at Kirkmabreck.
M. Iohn Makleland minister at Kirkcubright.
Alexander Gordoun of Earlstoun, Elder.
William Glendinning, Provest of Kirkcubright.
Robert Gordoun of Knokbrex, burgesse of New-Galloway.

Presb. of Wigtoun.

M. Andrew Anderson minister at Kirkinner. M. Andrew Lawder minister at Whithorne.
Andrew Agnew of Lochnaw, Elder.
Alexander Makghie, burgesse of Wigtoun.

Presb. of Stranrawer.

M. Iohn Levingstoun minister at Stranrawer.
M. Iames Blair minister at Portmontgomerie.
M. Alexander Turnbull minister at Kirmaden.
Robert Adair of Kinhilt, Elder.
Iames Glover, Clerk of Stranrawer.

Presb. of Air.

M. Iames Bonar minister at Mayboll.
M. Iohn Fergushill minister at Vchiltrie.
M. Robert Blair minister at Air.
Iohn Earle of Cassils, Elder.
Iohn Stewart, late Provest of Air.

Presb. of Irwing.

M. David Dickson minister at Irwing.
M. William Russell minister at Kilbirnle.
M. Robert Baillie minister at Kilwinning.
Iohn Lord Lowdoun, Elder.
M. Robert Barclay, Provest of Irwing.
Mathew Spense, the Provest of Rothesay.

Presb. of Argyle.

M. Donald Makilvorie min. at Inveraray.
M. Nicol Makcalman min. at Kilmun.
M. Iames Campbell minister at Kilfinnan.
Archibald Campbell of Kilmun, Elder.

Presb. of Dumbartane.

M. David Elphinstoun min. at Dumbartane.
M. Robert Watson minister at Cardrosse.
M. Iohn Stirling minister at Badernock.
Walter Makalley of Ardincapill, Elder.
Iohn Sempill, Provost of Dumbartane.

Presb. of Paslay.

M. William Brisbane minister at Erskine.
M. Iohn Hammiltoun minist. at Innerkip.
M. Matthew Brisbane minister at Killellan.
Iohn Brisban of Bishoptoun, Elder.
Iohn Spreull, burgesse of Ranfrew.

Presb. of Glasgow.

M. Iohn Bell elder minister at Glasgow.
M. Zacharie Boyd minister at the Barrony Kirk thereof.
M. Iames Sharpe minister at Goven.
The Earle of Eglingtoun, Elder.
Patrick Bell, Provest of Glasgow.
David Spense, Clerk of Rutherglane.

Presb. of Hammiltoun.

M. Patrick Hammiltoun minister at Cambuslang.
M. Iames Iohnstoun minister at Stenhouse.
M. Iohn Heriot minister at Blantyre.
William Bailzie of Carphin, Elder.

Presb. of Lanerk.

M. William Livingstoun minister at Lanerk.
M. Alexander Somervell minister at Daulfingtoun.
M. Richard Ingles minister at Westoun.
Sir William Bailzie of Lamingtoun, Elder.
Gideon Iack, Bailie of Lanerk.

Presb. of S. Andrews.

M. Alexander Henderson minister at Luchers. M. Andrew Auchinleck minister at Largo. M. Iames Bruce minister at Kingsbarnes.
Iohn Lord Sinclar, Elder.
Iames Sword, burgesse of Saint Andrews.
Ninian Hamiltoun, burgesse of Caraill.
Thomas Symson, Town-Clerk of Kilrinnie.
William Hamiltoun, burgesse of Anstruther-easter.
Iohn Tullous, Clerk of Anstruther-wester.
Iames Airth, Clerk of Pittenweeme.

Presb. of Couper.

M. David Dalgleish minister at Cowper.
M. Iohn Moncreiffe minister at Collessie.
M. Walter Buchannan minister at Seres.
Iohn Lord Lindsay, Elder.
George Iameson, merchand, burgesse of Cowper.

Presb. of Kirkaldie.

M. Robert Dowglasse minister at Kirkaldie.
M. Frederik Carmichaell minister at Kennoway.
M. Robert Cranstoun minister at Scoonie.
Iohn Earle of Rothes, Elder.
Iohn Williamson, burgesse of Kirkaldie.
David Symson of Monturpie, burgesse of Dysart.
M. Robert Cunyghame, burgesse of Kinghorne.
George Gairdine, burgesse of Bruntiland.

Presb. of Dumfermline.

M. Iohn Row min. at Carnok.
M. Iohn Duncan minister at Culrosse.
M. Iames Sibbald minister at Torrie.
Robert Lord Burley, Elder.
Iames Reid, Provest of Dumfermline.
Gilbert Gourley, Bailie of Culrosse.
Iohn Bardie, Burgesse of Innerkethin.

Presb. of Dumblane.

M. Harie Livingstoun minister at Kipping.
M. Andrew Rind minister at Tullicutrie.
M. William Edmistoun minister at Kilmadock.
Sir George Stirling of Keir, Knight, Elder.

Presb. of Auchterardour.

M. George Mushet minister at Doning.
M. Iames Row minister at Muthill.
M. Iohn Grahame minister at Auchterardour.
Iames Earle of Montrose, Elder.

Presb. of Perth.

M. Robert Murray minister at Methven.
M. Iohn Robertson minister at Perth.
M. Alexander Petrie minister at Rind.
Iohn Earle of Weemes, Elder.
Thomas Durhame, Dean of Guild in Perth.

Presb. of Dunkeld.

M. William Menyies min. at Kennture.
M. Iohn Anderson minister at Cargill.
Mungo Campbell, fiar of Lawers, Elder.

Presb. of Meggill.

M. George Symmer minister of Meggill.
M. George Halyburtoun minister at Glenylla.
Iames Lord Cowper, Elder.

Presb. of Dundie.

M. Andrew Wood minister at Monyfooth.
M. Iohn Robertson minister at Achterhouse.
David Grahame of Fentrie, Elder.
Iames Fletcher, prov. of Dundie.

Presb. of Forfar.

M. Iohn Lindesay minister at Aberlemno.
M. Silvester Lammy minister at Glames.
M. Alexander Kynninmont minister at Kirimure.
Iames Lyon of Aldbarre, Elder.
David Hunter, Provest of Forfar.
Iohn Grahame, Bailie of Montrose.
Robert Demster, Bailie of Brechen.

Presb. of Merns.

M. Iames Sibbald minister at Benholme.
M. Andrew Mill minister at Fetteresso.
M. Alexander Symson minister at Conveth.
Sir Gilbert Ramsay of Balmain, Elder.

Presb. of Aberdene.

M. David Lyndesay minister at Balhelvie.
M. William Guild minister at Aberdene.
Iames Skien of that ilk, Elder.
M. Iohn Lundie Humanist for the Univer. of Aberd.

Presb. of Deir.

M. Andrew Cant minister at Pitsligo.
M. Iames Martine minister at Peterhead.
M. Alexander Martine minister at Deir.
Alexander Fraser of Fillorth, Elder.

Presb. of Alfurd.

M. Iohn Young min. at Keig.
M. Iohn Ridfurd minister at Kinbettock.
M. Andrew Strachan minister at Tillineshill.
M. Michaell Elphinstoun of Balabeg, Elder.

Presb. of Turreffe.

M. Thomas Michell minister at Turreffe.
M. William Dowglasse minister at Forg.
M. Geo. Sharpe min. at Fyvie.
Walter Barclay of Towie, Elder.

Presb. of Kinkairne.

M. Alexander Robertson minister at Clunie.

Presb. of Garioch.

M. William Wedderburn minister at Bathelnie.
Andrew Baird, burges of Bamfe.

Presb. of Forresse.

M. William Falconer minister at Dyke.
M. Iohn Hay min. at Raffert.
M. David Dumbar minister at Edinkaylly.
William Rosse of Clova, Elder.
M. Iohn Dumbar, Bailie of Forresse.

Presb. of Innernesse.

M. Iohn Howisoun minister at Wartlaw.
M. Patrick Dumbar minister at Durris.
Iames Fraser of Bray, Elder.
Robert Bailie, Bailie of Innernesse.

Presb. of Tain.

M. Gilbert Murray minister at Tain.
M. William Mackeinyie minister at Tarbet.
M. Hector Monro minister in nether Taine.
Sir Iohn Mackenzie of Tarbet, Elder.
M. Thomas Mackoulloch, Bailie of Taine.

Presb. of Dingwall.

M. David Monro minister at Kiltairne.
M. Murdoch Mackeinyie minister at Containe.
Iohn Monro of Lumlair, Elder.

Presb. of Dornoch in Sutherland.

M. Alexander Monro minister at Golspie.
M. William Gray min. at Clyne.
George Gordon, brother to the Earle of Sutherland, Elder.

Presb. of Thurso in Caithnes.

M. George Lesly minister at Bower.
M. Iohn Smairt.
Iohn Murray of Pennyland, Elder.

Presb. of Kirkwal in Orkney.

M. David Watson minister at the Kirk of the Yle of Wastrey.
M. Walter Stewart minister at the Kirk of Suthronaldsay.

Note.—Since the first Part of this publication appeared, the second centenary of the Assembly 1638 has been celebrated at Glasgow and Edinburgh, (on 20th December 1838,) as well as in other considerable towns of Scotland; and this commemoration has been conducted with a degree of eclat unexampled perhaps within the memory of man, in reference to any ecclesiastical concerns. We are not called on to make any remarks as to the appropriateness and sound discrimination displayed in all these demonstrations; but we gladly avail ourselves of the present opportunity of enriching these pages with an extract from a speech made by the Rev. Dr. Lee, of Edinburgh, at Glasgow, on the occasion alluded to. We place it here in juxtaposition with the authentic list of the members of Assembly of 1638, because it affords the best illustration we could give of the composition of that Assembly, and is a satisfactory refutation of certain ignorant or malignant representations on the subject; and we are proud thus to record our respect for that excellent and accomplished gentleman, whose store of information, with regard to the history and constitution of the Church of Scotland, exceeds, we believe, that of any other individual, both for fulness and exactness:—

“If your time had permitted, I might have endeavoured to shew in what manner and degree the Assembly 1638, and those which followed after, as well as some which had preceded it half a century, contributed to the establishment of the highest and finest University education. Among the other great objects in which that Assembly so happily and successfully engaged, none was nearer their hearts, or better accomplished. It was their aim to establish all the Universities, Colleges, and Schools in a state of high efficiency; and, with this view, they reclaimed for the Church the power of visitation formerly exercised, that the religious character and consistent practice of all Principals, Regents, and Professors might be satisfactorily ascertained, as well as their aptitude for their stations; and that whatever was deficient might be supplied, and whatever was disordered or corrupt might be rectified.

“For this difficult undertaking, the members of that Assembly were generally qualified in no ordinary degree. It has, indeed, been alleged that a large proportion of the elders consisted of illiterate men. I have seen it asserted in several books of late, even in some written by Presbyterians, that many of those in that Assembly, who judged of the gravest questions concerning theological learning and soundness in the faith, could neither read nor write. There is no authority for this insinuation, except the random assertion of Bishop Burnet—supposed sometimes to have been a contemporary, though he was not born for five years afterwards—the value of whose testimony on this matter may easily be estimated by any one who observes what he has confidently, though most ignorantly and erroneously, stated, with respect to Ruling Elders—that the mixture of that class with the Ministers in Church Courts was then quite a new thing; for, though such officers had formerly been allowed to interfere in parochial discipline, ‘yet they never came to their Assemblies till the year 1638.’ So far is this from being true, that, from the very first, Elders had convened in great numbers with the Ministers at the General Assemblies—there was even a preponderance of them in the earliest of all the Assemblies, in 1560—insomuch that, long before Burnet wrote, or even was born, several Bishops of Scotland, such as Adamson and Maxwell, had published complaints against decisions of the Assembly, on the ground that they had been carried by the votes of Lay Elders, as they called them. If the Elders were unable to read or write, so much the less credit is due to the system of education which had prevailed nearly forty years before 1638, under auspices not Presbyterian; and so much the greater credit should be given to the Presbyterians for the improvements by means of which, as Burnet frankly confesses, they brought the people generally to a most surprising measure of knowledge, particularly on theological points, and to a corresponding measure of practical piety.

“But I think it of some consequence to vindicate the claims of the Assembly 1638 to the character of a learned Assembly. Well, then, what is the fact? It is ascertained that in that Assembly there were 140 Ministers; 2 Professors, not being ministers; and 98 Ruling Elders from Presbyteries and Burghs. Of these Ruling Elders, 17 were Noblemen of high rank; 9 were Knights; 25 were landed Proprietors, or lesser Barons, of such station as entitled them to sit in Parliament; and 47 were Burgesses, generally holding the principal offices of authority in their respective towns—men who were capable of representing their communities in the Parliament. There was not a peasant, as has been insinuated, or even a farmer or yeoman, in the number. About the least considerable persons present were, Mr Alex. Hume, bailie of Lawder, and Mr Patrick Hume, burgess of North Berwick. Both of these, as well as many others of the members from the burghs, were masters of arts, having had a complete university education, and having obtained their degrees after regular examination. From what I know of the personal history of many of these men, and from documents which I have seen and now possess, I could undertake to prove that not one was illiterate. About twenty years ago, I acquired most of the original commissions of the members of the Assembly 1638. These documents are subscribed generally by the whole constituents of the Commissioners—namely, by Ministers, by Elders, by Magistrates, and Councillors. The signatures are, for the most part, in a superior style of penmanship; and it is not credible that such men would elect persons to represent them who were less educated than themselves. Moreover, the signatures of the Elders who sate in the Assembly might have been known by Bishop Burnet to be appended to the National Covenant—that great bond by which the people of this land engaged to maintain the true principles of the Reformation, as founded in the Word of God. Many of these documents, studded with innumerable subscriptions, are still extant.

“But how did this Assembly, and those which followed, fulfil their purposes with respect to the Universities? They not only appointed visitations, but they prevailed on the Government greatly to enlarge the provision for the maintenance of the Universities, so that they were enabled to increase the number of Professors, and to augment their incomes; thus making it practicable to admit the youth to the benefit of their instructions on the easiest terms. They did not despise or discourage the most elegant accomplishments. On the contrary, the Assembly of 1645, following out the views of preceding assemblies, deplored the great decay of poesy, and the ignorance of prosody, and ordained that, in the trial of Schoolmasters, for burghs or other considerable parishes, none should be admitted but such as after examination should be found skilful in the Latin tongue, not only for prose, but also for verse; and the same Assembly introduced other regulations for advancing the study, not only of Greek, but of all the branches of Philosophy. But the chief recommendation of the system, then prescribed and practised, was, that the nurture and admonition of academical youth was sanctified by the Word of God, and by prayer. The study of the Scriptures was a college exercise. The young were trained to habits of devotion. The catechisms, and other manuals of religious instruction, were translated into Latin, and carefully taught; and, by such provisions as these, the influence of piety was diffused over the paths of solid learning.”

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1638.—November 22.
95. Letter from the Bishop of Ross to Hamilton.

My Lord, may it please your Grace,

This Worthy Gentleman hath desired my Judgment concerning three things: first, concerning the production of a Letter from His Majesty to the Assembly, directed to the Archbishops, Bishops, and Ministers, whether or not this can be produced, and any Note made upon it, before there be a Moderator condescended upon. My humble Opinion is, (which I humbly submit to your Graces better Judgment) that the Letter be presented, given by your Grace to the Clerk, and read by him. Here it is most like your Grace will be pressed, that the Letter is directed to an Assembly that cannot be without a Moderator, and yet on purpose to get a Moderator by Election, and an Assembly established; to which in my Judgment it may be replied, that it may be that the King’s Letter containeth something to that purpose, which, therefore, is to be read, and noted by the Clerk as produced onely. The second is concerning the examination of the Commissions and Commissioners: My Lord, it is certain that both are most illegal, and there is more than sufficient ground from this one (if there were no more) to void this Assembly and make it null. But how to begin at this I see not so well, for if the Commissions and Commissioners be rejected, then how shall the King’s Real and Royal Intentions be manifest to the subjects, which is most necessary, that the Factious may not have advantage to possess good and loyal Subjects, that His Majesty is onely deluding them for other ends. On the other part, if your Grace approve the Commissions and Commissioners, how far King and Church shall suffer, your Grace is wiser to conceive than I am able to express. The third is concerning the Declinator, when it shall be proposed or presented to your Grace; My Lords of Glasgow and Brechin are fully of that mind, that at the very first it is to be used before the Assembly be established: their Reasons seem very pregnant, first, because all Declinators are used so; next, if the Assembly be once established, how can it be declined, or your Grace admit our Declinator or Protestation?

My Lord, seeing two things are mainly to be looked to, the one that His Majesties Pious Intentions be made known to this present Meeting; the other, that the Church suffer no prejudice; my humble Opinion is, that first the King’s Letter (as I have said) be read, and marked Produced; next immediately after, our Declinator produced, and presented to your Grace, read in audience of all, Instruments taken in the Clerk-Registers hands, and it marked by the Clerk Produced. Then your Grace may, by your own Wisdom, conceive a brief Speech, excusing your self that you are not so well acquainted with the Formalities and Legalities of Church-meetings; yet that seeing in such Distractions and Combustions all things cannot be done in that orderly way is requisite, and that your Grace does know how that, with a most earnest and Fatherly Care, His Majesty endeavours the binding up of this breach, and the restoring of Church and State to Quiet and Peace, and that your Grace, for that Duty you owe to your Master, and Love you have to your Native Country, will leave nothing undone that is in your power, and incumbent to a Faithful Servant and kind Patriot, and therefore will adventure to chuse rather to erre in formal Errours: than to leave so material and necessary a Work at such an exigent of time; and so seeing there is no Archbishop nor Bishop present, your Grace by connivence will permit them (for how your Grace can allow it I see not) to chuse a Moderator, and will not fall upon that shelve or rock of Examination of Commissions or Commissioners; being confident that if matters go on in a moderate way, what shall be agreed upon shall be liked by all, even those that are taken to be their Party; and what is amiss in Formality and Legality, if no errour be in the matter of the Conclusions, may most easily and speedily be helped. After the Moderator is condescended upon, the first thing your Grace would urge is the Registrating the Kings Letter in the Books of the Assembly, then the Registrating of our Declinator. After this your Grace will be careful, that nothing be proposed till what is in His Majesties Declaration be enacted, and if (this being done) they fall upon any extravagancy, your Grace then may by advice of the Council declare, that seeing they will not hold Moderation, your Grace and the Council must examine their Commissions and Commissioners, (to which before you gave connivence) and discuss the relevancy of our Declinator.

This Course keeped, in my poor Judgement, will fully manifest to all His Majesties pious Intentions, evidence your Graces sincere affection to Religion and the Kingdom, preserve our Right, make them unexcusable, let the People see how unreasonable and immoderate they are, and give to your Grace a fair way and ground, to discontinue and discharge the Meeting under pain of Treason. This my weak and poor opinion I have made bold to declare to your Grace, not out of any confidence in my self, but necessitated because of that Obedience I owe your Grace, and true affection to the Peace of Church and State, which with myself, and all my endeavours, I humbly prostrate to you, and submit to your Grace’s better Judgement.

I humbly beg of your Grace to let me know by this Gentleman, what shall be done with our Declinator, and let him come and speak with my Lords of Glasgow, Brechin, and me, that we may be acquainted by him of your Graces commands. God in his mercy bless you in this difficult Work.

Your Grace’s most humble
and bounden Servant,
Jo. Rossen.[118]

Castle of Glasgow,
22ᵗʰ Nov. 1638.
at 7 a clock in the
morning.

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1638.—November 27.
96. Letter from Hamilton to the King.[119]

Most Sacred Sovereign,

When I consider the many, great, and most extraordinary favours, which your Majesty hath been pleased to confer upon me; if you were not my Sovereign, gratitude would oblige me to labour faithfully, and that to the uttermost of my power, to manifest my thankfulness. Yet so unfortunate have I been in this unlucky country, that though I did prefer your service before all worldly considerations, nay, even strained my conscience in some points, by subscribing the negative confession; yet all hath been to small purpose; for I have missed my end, in not being able to make your Majesty so considerable a party as will be able to curb the insolency of this rebellious nation, without assistance from England, and greater charge to your Majesty, than this miserable country is worth. As I shall answer to God at the last day, I have done my best, though the success has proven so bad, as I think myself of all men living, most miserable, in finding that I have been so useless a servant to him, to whom I owe so much. And seeing this may perhaps be the last letter that ever I shall have the happiness to write to your Majesty, I shall therefore in it discharge my duty so far, as freely to express my thoughts in such things as I do conceive concerneth your service. And because I will be sure that it should not miscarry, I have sent it by this faithful servant of your Majesty’s whom I have found to be so trusty, as he may be employed by you, even to go against his nearest friends and dearest kindred.

Upon the whole matter, your Majesty has been grossly abused by my Lords of the clergy, by bringing in those things in this church, not in the ordinary and legal way. For the truth is, this action of theirs is not justifiable by the laws of this kingdom; their pride was great, but their folly greater; for if they had gone right about this work, nothing was more easy, than to have effected what was aimed at. As for the persons of the men, it will prove of small use to have them characterized out by me, their condition being such, as they cannot be too much pitied; yet, lest I should lay upon them a heavier imputation, by saying nothing, than I intend, therefore I shall crave leave to say this much. It will be found that some of them have not been of the best lives, as St Andrews, Brechin, Argyle, Aberdeen; too many of them inclined to simony; yet, for my Lord of Ross,[120] the most hated of all, and generally by all, there are few personal faults laid to his charge, more than ambition, which I cannot account a fault, so it be in lawful things. But, Sir, to leave them, and come to those whom I conceive it is more necessary you should know, your officers and counsellors, of whom I shall write without spleen or favour, as I shall answer to him at the last day, to whom I must give an account (I know not how soon) of all my actions.

Your Treasurer,[121] his ambition has been great, and his labouring popularity has certainly prejudiced your service. Nothing could gain him that name sooner, than by opposing the clergy; and the differences betwixt them hath marred all; to which those of the Council did not only hold hand to, but encouraged him to it, as much as in them lay; and here again, I say, they gave too just reason to meet with opposition. He is a most active man, and hath many excellent parts. What his bypast carriage hath been, is as well, if not better known to your Majesty than me; but he doth now labour certainly what lieth in him, to advance your Majesty’s ends; and hath oft solemnly sworn to me, that in defence of episcopal government he will spend his life and fortune. For those particulars wherewith he hath been taxed, as being guilty of abusing your Majesty, in the execution of his place, as Treasurer, he will, in my opinion, justify himself. Howsoever (considering these present times) you must make use of him, and your Majesty should be wary of giving him discontent.

As for my Lord Privy Seal,[122] I shall not need to say much of him, he being so well known to your father (of blessed memory) whose judicious character of him to yourself, is so true, as I shall neither add nor pare. He hath likewise declared himself to me for episcopal government; but I like not his limitations; yet you must make use of him, for he is a powerful man in this country.

The Marquis of Huntley is unknown to me, more than in general; but much misliked is he here (yet not the worse for that) traduced not only to be popishly inclined, but even a direct Roman Catholic; nay, they spare not to tax him with personal faults. But howsoever, this I am sure of, since my coming here, he hath proved a faithful servant to you; and I am confident will be of greater use, when your Majesty shall take arms in your hand.

The Earl of Argyle is the only man now called up as a true patriot, a loyal subject, a faithful counsellor, and above all, rightly set for the preservation of the purity of religion. And truly, Sir, he takes it upon him. He must be well looked to; for it fears me, he will prove the dangerousest man in this State. He is so far from favouring episcopal government, that with all his soul he wishes it totally abolished. What course to advise you to take with him, for the present, I cannot say; but remit it to your Majesty’s serious consideration. The information which you have had from Antrim, the most part of it I take to be true.

Perth hath been taxed to be a Roman Catholic; but I find him none. A loyal heart he hath, but no great politician, nor of much power out of the Highlands, and should be encouraged, because he may contribute to the curbing of Argyle.

Tullibardin, I take him to be honest; your Majesty knoweth his abilities. He is a true hater of Argyle.

Wigton, thanks be to God, hath no great power, for if he had it, it would be employed the wrong way. Sorry I am for it, his ancestors have been so dear friends to mine.

Kinghorn, I am grieved for his weakness. A good man he is, but totally misled by his brother Albar, who will succeed in his place, he having no children. Too near of kindred he is to me.

Haddington has too much the humour of these times; but he hath oft sworn to me, he will never ask what your quarrel is; yet few of his friends I fear will go along with him in it, in defence of episcopacy.

As for Lauderdale, he is a man of no great power; but he is truly honest, and most rightly set in all that concerneth your service.

Southesk hath, beyond all expectation, shewn himself forwardly stout in all that hath concerned your service, ever since my coming first to this country. He is a man of great power, rich, and was extremely beloved; but now as much hated. He doth deserve your Majesty’s favour, on my word; and, if not for one consideration, none were fitter to be Chancellor, which I shall advise your Majesty not to dispose of till these troubles be past.

Kinnoul, for his part, hath shewn himself both true and forward in all your service; in whom your Majesty may have confidence, according to his power.

Finlater, according to his power, hath done his part, as I hear by the Marquis of Huntley.

Linlithgow, if his power were according to his affection, he would be useful to you.

I must not forget Dalzell, who both is of power to serve you, and has most faithfully done it.

As for the rest of the Council, they are either of no power to serve you in this time, or totally set the covenanters way. For brevity I pass them by, and have sent a list of the whole Counsellors names.

If the Justice Clerk[123] were not so near me as he is, I would say more of him than now I will; yet pardon me for saying, an honester soul lives not.

The Advocate[124] should be removed, for he is ill disposed. I know none so fit for his place as Sir Lewis Stewart. My Lord Treasurer’s friend he is; Sir Thomas Nicolson being no ways to be trusted in what may concern the affairs of the church.

Now, for the Covenanters, I shall only say this in general, they may all be placed in one roll as they now stand. But certainly, Sir, those that have both broached the business, and still hold it aloft, are Rothes, Balmerino, Lindsay, Lothian, Loudoun, Yester, Cranstoun. There are many others as forward in show; amongst whom none more vainly foolish than Montrose. But the above mentioned are the main contrivers.

The gentry, boroughs, and ministers have their ringleaders too. It will be too long to set down all their names. Those who I conceive to be most inclined, the Clerk Register (who is a faithful servant to the Crown) if I miscarry, will give you information of them; yet, I fear him, poor man, more than myself. But they are obvious and known to all.

This is all that I will say concerning the persons of the men in this kingdom; wishing, Sir, with my heart, those whom I misdoubt, I may be deceived by their future carriage, and that their loyalty may appear, which will blot out of your Majesty’s memory what my duty and fidelity to you has caused me to write thus of them.

It is more than probable, that these people have somewhat else in their thoughts than religion. But that must serve for a cloak to rebellion, wherein for a time they may prevail; but, to make them miserable, and bring them again to a dutiful obedience, I am confident your Majesty will not find it a work of long time, nor of great difficulty, as they have foolishly fancied to themselves. The way to effect which, in my opinion, is briefly thus.

Their greatest strength consists in the boroughs: and their being is by trade; whereof, a few ships of your Majesty’s, well disposed, will easily bar them. Their chiefest trade is in the eastern Seas and to Holland, with coal and salt, and importing of victual, and other commodities from thence; whereof if they be but one year stopped, an age cannot recover them; yet so blinded they are, that this they will not see. This alone, without farther charge to your Majesty, your frontiers being well guarded, will work your end. This care should be taken, that when particular boroughs can be made sensible of their past errours, and willing to return to their allegiance, they be not only then not barred from trade, but received into your Majesty’s favour and protection.

In my opinion, your ships would be best ordered thus, eight or ten to lie in the Firth. There should be some three or four plying to and again betwixt the Firth and Aberdeen, so long as the season of the year will permit them to keep the seas; and when they are not longer able, they may retire into the Firth; in which there are several places in which they may ride in all weathers.

Those ships that lie in the Irish seas, will be sufficient to bar all trade from the west of Scotland. The fittingest places are between Arran and the coast of Galloway. When the weather is foul, there is an excellent road in Galloway called Lochyen; and another in Arran called Lamlash, or the Holy Island; where they may ride in safety. This is all I shall say concerning the barring them of trade.

This will certainly so irritate them, as all those who within this country stand for your Majesty, will be in great and imminent danger. The best way, that for the present I can think on to secure them, and to make some head for your Majesty, is, to appoint the Marquis of Huntley in the north, your Majesty’s Lieutenant; with full power to him to raise such and so many men, as he shall think convenient for the defence of the country. By this means, there being a head, those that are in the north will know to whom to repair; and there is no doubt but in those parts they will do well enough.

For those that are besouth the river Forth, I apprehend their danger most; and I would advise that there were lieutenants likewise appointed, to whom they might repair. Necessity will force your Majesty upon one of two, either Traquair or Roxburgh; or, indeed, both, for they may both have commissions. They may be well furnished with arms, and other things necessary, from England, by land, both their fortunes being near adjacent to Northumberland; and though I fear they will not be able to make a body of an army, yet necessary it is that lieutenants should be, and I know none so fit as these in those parts; for I will never think they have traiterous hearts.

Certainly necessary it is for the government of this kingdom, that a commissioner or deputy should be in it. For experience hath taught me, that your Majesty will never be well served by your council, unless there be some one or other amongst them on whom the chief care must lie. If your Majesty do not first settle the country, and reclaim it, whosoever you shall employ, will never be able to do any thing. Therefore that should be done, before any new commission be given; and even then, where you will find a man, I cannot possibly say, unless your Majesty send the Duke of Lenox. As for the Marquis of Huntley, certainly he may be trusted by you; but whether fitly or no, I cannot say. If I keep my life (though next Hell I hate this place), if you think me worthy of employment, I shall not weary till the government be again set right; and then I will forswear this country.

As for your Majesty’s castle of Edinburgh, it was a most shameful thing it should have been so neglected. I cannot promise that it shall be defended, yet I hope they shall not take it, but by an hostile act. Some few men I have stolen in, but as yet cannot get one musket put there, nor one yard of match. I have trusted, for a time, the same man that was in it, and perhaps your Majesty will think this strange that I have done so; yet necessity forced me to it. For thither Ruthven would not go, without arms and ammunition; and indeed he is not to be blamed therefore; but, Sir, I have that in working, that, if I can accomplish, may for a time secure that place. And for my trusting that man, I can only say this, that if he deceive me, we were in no worse condition than when it was in Lord Marr’s hands; safe only, for the giving him 2000l. which, if lost by the default of him whom I have trusted, your Majesty shall not be burthened by the payment of this money, for I deserve to lose it for my confidence. He is no Covenanter, and hath solemnly sworn to me, to lose his life before he quit it.

As for Dunbritton, the way is easy to put as many men there as you please, with victual and ammunition; from Ireland they must come, and at the castle they must land; 100 men will be sufficient, provided with ammunition and victual for three months; and the sooner this be done the better.

Thus, Sir, your Majesty hath the humble opinion of what I conceive of the affairs of the kingdom. What I have said, I humbly submit to your Majesty.

I have now only this one suit to your Majesty, that if my sons live, they may be bred in England, and made happy by service in the court; and if they prove not loyal to the crown, my curse be on them.

I wish my daughters be never married in Scotland. I humbly recommend my brother to your favour.

Thus, with my hearty prayers to God, that he will bless you with a long and happy life, and crown all your intentions with a wished success; which I hope to live and see effected, notwithstanding of all the threats that is used to

Your Majesty’s, &c.
HAMILTON.

Glasgow,
27th November, 1638.

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1638.—November.
97. The Supplication and humble Remonstrance of the Ministers of the Church of Scotland, presented to his Majesties High Commissioner and Generall Assemblie held at Glasgow in November, 1638.[125]

May it please your Grace,

And you right Noble, Right Worshipfull, and you most Reverend brethren, conveened by his Majeties Proclamation in this venerable nationall Assembly, to consult upon the most convenient wayes, and to enact such Ecclesiasticall Lawes, as to your wisdomes seemes most expedient, for preserving of peace and truth in this Church, for which ends wee from the bottome of our hearts (as feeling members of the same) earnestly intreat him, who hath promised to be with his owne to the end of the world, by his spirit and grace, so to direct and assist your wisedomes, that by this long expected meeting, glory may redound to his ever glorious Name, and peace to this rent Church, which all the members thereof, with most earnest wishes, expect at your hands. For the present, we thought it our duty, as those whom it doth most clearly concerne (our great Shepheard having committed to our charge a part of that Flock which he hath redeemed with his precious bloud) to present unto you our just feares which arise from the sudden incroaching of the Laick (now called Ruling) Elders, in divers Presbyteries of this Kingdome, having chiefe hand in chusing of Commissioners there, lest they, with Commissioners thus elected, may bring upon the neck of the Ministery and Church here, the heavie yoke of overruling Elders in all times comming, to the no small hurt of us and our successors in the Gospel, except timely remedy be provided.

Our humble supplication therefore to your Grace, and Members of this present Assembly, is, that all these Commissioners thus chosen by the voyce of Laick Elders, and in whose Commissions they have had hand, may be removed, as men to whose voyces and judgements we cannot submit our selves in matter of Church government, for the just feares above exprest, they being justly suspect Judges not to be admitted, and their elections and Commissions void for reasons following: First, there is no Law in this Kingdome whereby Laick Elders have any voyce in chusing Commissioners to Generall Assemblies; the chusers therefore having no legall power to elect, those that are chosen by such, can have no place nor voyce in this Assembly. Secondly, albeit there have beene heretofore, and before Churches were fully planted, a custome that Laick-Elders did sit in Presbyteries, yet that custome hath beene these 35. yeeres by-past, universally (and above forty yeeres in most Presbyteries) interrupted; which prescription is sufficient to make voyd any such custome: so that it can to no sufficient warrant for them to sit and voyce in Presbyteries now, much lesse to intrude themselves (as they have done in many Presbyteries) contrarie to the minds and publicke protestation of the Ministerie. Thirdly, when Laick-Elders had place in Presbyteries, yet it was ordained that the voyces should not be equall in number, with the voyces of the Ministerie, as is to be seene in the ____________ booke of discipline ____________ Chapter. But in this election, their number were not onely equall, but in most parts more, because out of every Parish there was a Laick-Elder, and so at least equall in number; and in election of these Commissioners, against whose election we except, there was put upon the list six in some places, and in others foure of the Ministers, who being removed, in their absence the choyce was made when the Laick-Elders by six or foure at the least exceeded the Ministers in number of voyces, yea in some Presbyteries the Laick-Elders were twice so many in number; so that these Commissioners are mainly chosen by the Laitie, and not by the Ministers, neither can wee acknowledge them for ours. Fourthly, these Laick-Elders did of old onely assist in Discipline, not medling with points of Doctrine (suffering the spirit of the Prophets to be subject to the Prophets, according to the Apostolicall rule;) but now they intrude themselves to sit and voice in the Presbyteries in matters of Doctrine, and have given Commission to those whom we except against, to voyce in this venerable Assembly, in Doctrine as well as in matters of Discipline; which Commissions are null, as proceeding à non habente potestatem. For these and other most weighty causes, the election of such Commissioners, and their place in this Assembly being so dangerous to the Church, threaten the same with the most intolerable yoak of bondage to be laid upon the neck of the Presbyteries by Laick over-ruling-Elders, to the prejudice of the liberties of the said Presbyteries, and whole Discipline of this Church. We could not, out of conscience to God, our callings, and flocks, but make humble remonstrance of the same to your Grace and members of this grave Assembly: withall protesting, both in our own names, and in name of all the Ministerie and body of this Church that will adhere to this present supplication, that all sentences, conclusions, Canons, Statutes, and Ordinances, which shall be made in that Assembly wherein the foresaid Commissioners shall have determinative voyce, to be voyd, null, and of no effect to oblige us or any of us to the obedience of the same: But if this our just supplication be not admitted (which we hope and earnestly pray may be graciously accepted) then this our protestation may be of force against such Lawes and proceedings that may follow thereupon. Thus hoping for your charitable construction of this our necessarie duty in so eminent a danger of the Church, and humbly intreating these presents may be put upon Record, We rest.

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1638.—November 29.
98, 99. Speech of Hamilton at dissolving the Assembly, and his Reply to Moderator.[126]

I find this day great contrarieties of Humours in my self, first, cause of Joy; next, cause of Sorrow: cause of Joy, in making good what hath been promised by His Majesty; cause of Sorrow, in that I cannot make further known his Majesties Pious Intentions.

You have called for a Free General Assembly: His Majesty hath granted you one, most Free on his part, and in his intentions; but as you have handled and marred the matter, let God and the World judge, whether the least shadow or footstep of Freedom can be discerned in this Assembly, by any man who hath not given a Bill of Divorce both to his Understanding and Conscience. With what wresting and wringing your last Protestation charges His Majesties last Gracious Proclamation in the point of Prelimitations, is both known and misliked by many even of your own pretended Covenant; but whether your Courses, especially in the Elections of the Members of this Assembly, be not onely Prelimitations of it, but strong Bars against the Freedom of it, nay utterly destructive both of the Name and Nature of a Free Assembly, and unavoidably inducing upon it many and main Nullities, will be made manifest to the whole World.

But his Majesties Sincere Intentions being to perform in a lawful Assembly all he hath promised in his Gracious Proclamation, if you find out a way how these things may pass, and be performed even in this Assembly, such as it is, and yet His Majesty not made to approve any way the Illegalities and Nullities of it, for satisfying all His Majesties good Subjects of the Reality of his Meaning; I am by His Majesties special Command ready to doe it, and content to advise with you how it may be done.

[And after this he caused read his Majesties Concessions, as they had been before proclaimed: upon which he took instruments, that by producing and signing of them, first his Majesties Intentions were made known: next, that in the producing and delivering of them, the Lawfullness of the Assembly was not acknowledged. After that he went on, and discoursed against the Constitution of the Assembly in the following words,]

But now I am sorry I can go on with you no more, for the sad part is yet behind, about Ruling-elders; for neither Ruling-elders, nor any Minister chosen Commissioner by Ruling-elders, can have voice here, because no such election is warranted, either by the Laws of this Church or Kingdom, or by the practice or custom of either: for even that little which appeareth to make for those Elders in the Book of Discipline, hath at this time been broken by you, there being more Lay-elders giving votes at every one of those Elections, than there were Ministers, contrary to the Book of Discipline; as in Lanerick but eight Ministers and eighteen or nineteen Lay-elders; and so in divers other Presbyteries: and in every Presbytery, when the Ministers upon the List were removed, the remaining Elders exceeded far the remaining Ministers. But say there were Law for those Lay-elders, the interruption of the execution of that Law, for above 40 years, makes so strong a Prescription against it, that without a new reviving of that Law by some new Order from the General Assembly, it ought not again be put in practice; for if His Majesty should put in practice, and take the Penalties of any disused Laws without new intimations of them from Authority, it would be thought by your selves very hard dealing.

To say nothing of that Office of Lay-elders, it being unknown to the Scripture or Church of Christ for above 1500 years, let the World judge whether those Laymen be fit to give Votes in inflicting the Censures of the Church, especially that great and highest Censure of Excommunication, none having power to cast out of the Church by that Censure, but those who have power to admit into the Church by Baptism: and whether all the Lay-elders here present at this Assembly be fit to judge of the high and deep Mysteries of Predestination, of the Universality of Redemption, of the Sufficiency of Grace given, or not given to all men, of the Resistibility of Grace, of total and final Perseverance, or Apostasie of the Saints, of the Antilapsarian or Postlapsarian Opinion, of Election and Reprobation; all which they mean to ventilate, if they do determine against the Arminian, as they give out they will.

In many Presbyteries these Lay-elders disagreed in their Elections wholly, or for the most part, from the Ministers, and carried it from them by number of Votes, though in all reason the Ministers themselves should best know the abilities and fitness of their Brethren: and this was done in the Presbyteries of Chirnside, Linlithgow, Aberdeen, and divers more.

How can these men now elected be thought fit to be Ruling-elders, who were never Elders before, all or most part of them being chosen since the Indiction of the Assembly, some of them but the very day before the Election of their Commissioners; which demonstrates plainly that they were chosen onely to serve their Associates turn at this Assembly?

Since the Institution of Lay-elders by your own Principles is to watch over the Manners of the People in the Parish in which they live, how can any man be chosen a Ruling-elder from a Presbytery, who is not an inhabitant within any Parish of that Presbytery, as hath been done in divers Elections, against all Law, Sense, or Reason?

By what Law or Practice was it ever heard, that young Noblemen, or Gentlemen, or others, should be chosen Rulers of the Church, being yet Minors, and in all Construction of Law thought unfit to manage their own private Estates, unless you will grant that men of meaner Abilities may be thought fit to rule the Church, which is the House of God, than are fit to rule their own private Houses, Families, and Fortunes?

By what Law can any Ruling-elder be sent to a Presbytery to Vote in anything, especially in chusing Commissioners for the General Assembly, who is not chosen for that purpose by the Session of that Parish in which he is a Ruling-elder? And who gave power to the Minister of every Parish, to bring with him to the Presbytery for that purpose any Ruling-elder of his Parish whom he pleased?

But it is well-known, that divers Elders gave Votes in these Presbyteries to the Elections of some Commissioners here, who were not chosen by the Sessions of their several Parishes to give Votes in those Presbyteries; and therefore such Commissioners as were chosen by such Lay-elders can have no Vote here.

By what Law or Practice have the several Parishes or Presbyteries chosen Assessors to their Ruling-elders, without whose consent some of the Commissioners here present are sworn not to vote to any thing?

This introducing of Ruling-elders is a burthen so grievous to the Brethren of the Ministry, that many of the Presbyteries have protested against it for the time to come, some for the present, as shall appear by divers Protestations and Supplications ready to be here exhibited.

For the Ministers chosen Commissioners hither, besides that the fittest are passed by, and some chosen who were never Commissioners of any Assembly before, that so they might not stand for their own Liberty in an Assembly of the nature whereof they are utterly ignorant, choice hath been also made of some who are under the Censure of the Church, of some who are deprived by the Church, of some who have been banished and put out of the University of Glasgow, for teaching their Scholars that Monarchies were unlawful, some banished out of this Kingdom for their Seditious Sermons and Behaviour, and some for the like Offences banished out of another of His Majesties Kingdoms, Ireland, some lying under the fearful Sentence of Excommunication, some having no Ordination nor Imposition of Hands, some admitted to the Ministry contrary to the standing Laws of this Church and Kingdom, all of them chosen by Lay-elders; what a Scandal were it to the Reformed Churches to allow this to be a lawful Assembly, consisting of such Members, and so unlawfully chosen?

Of this Assembly divers who are chosen are at the Horn, and so by the Laws of this Kingdom are uncapable of sitting as Judges in any Judicatory.

Three Oaths are to be administered to every Member of this Assembly, the Oath for the Confession of Faith, lately renewed by His Majesties Commandment, the Oaths of Allegeance and Supremacy; and whosoever shall refuse any of these, cannot be a Judge in any Judicatory of this Kingdom: and therefore resolve presently whether you will take them or not.

You have cited the Reverend Prelats of this land to appear before you by a way unheard-of, not only in this Kingdom, but in the whole Christian World, their Citations being read in the Pulpits, which is not usual in this Church; nay, and many of them were read in the Pulpits after they had been delivered into the Bishops own hands. How can His Majesty deny unto them, being His Subjects, the benefit of His Laws, in declining all those to be their Judges, who by their Covenant do hold the principal thing in question, to wit, Episcopacy to be abjured, as many of you do? or any of you to be their Judges, who do adhere to your last Protestation, wherein you declare, that it is an Office not known to this Kingdom, although at this present it stand established both by Acts of Parliaments, and Acts of General Assemblies? Who ever heard of such Judges as have sworn themselves Parties? And if it shall be objected, that the Orthodox Bishops in the first four and other General Councils could not be denied to be competent Judges of the Hereticks, though beforehand they had declared their Judgments against their Heresies: it is easily answered, that in matters of Heresie no man must be patient, since in Fundamental points of Faith a man cannot be indifferent without the hazard of his Salvation, and therefore must declare himself to be on Christs side, or else he is against him; but in matters of Church-government and Policy, which by the Judgment of this Church in the 21ᵗʰ Article of our Confession is alterable at the will of the Church, it is not necessary for any man who means to be a Judge, to declare himself, especially against that Government which stands established by Law at the time of his Declaration, being not onely not necessary, but likewise not lawful for him at that time so to doe; now this Declaration all you who adhere to the last Protestation have made, even since you meaned to be the Bishops Judges. Besides, even those Orthodox Fathers never did declare themselves against the Hereticks, their Persons or Callings, by Oaths and Protestations, as you have done; for that had been a prejudging in them, and this prejudging in you makes you now to be incompetent Judges.

Upon the whole matter then there are but two things left for me to say: first, you your selves have so proceeded in the business of this Assembly that it is impossible the fruits so much wished and prayed for can be obtained in it; because standing as it does, it will make this Church ridiculous to all the Adversaries of our Religion, it will grieve and wound all our Neighbour Reformed Churches who hear of it; it will make His Majesties Justice to be traduced throughout the whole Christian World, if he should suffer His Subjects in that which concerns their Callings, their Reputations and their Fortunes, to be judged by their sworn Enemies. If therefore you will dissolve your selves, and amend all these errours in a new Election, I will with all convenient speed address my self to His Majesty, and use the utmost of my Intercession with His Sacred Majesty for the Indiction of a new Assembly, before the meeting whereof all these things now challenged may be amended: if you shall refuse this Offer, His Majesty will then declare to the whole World, that you are disturbers of the Peace of this Church and State, both by introducing of Lay-elders against the Laws and Practices of this Church and Kingdom, and by going about to abolish Episcopal Government, which at this present stands established by both the said Laws: two points (I daresay) and you must swear it, if your Consciences be appealed to, (as was well observed by that Reverend Gentleman we heard preach the last Sunday) which these you drew into your Covenant were never made acquainted with at their entering into it; much less could they suspect, that these two should be made the issue of this business, and the two stumbling-blocks to make them fall off from their Natural Obedience to their Soveraign.

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The Commissioner’s Reply to the Moderator.[127]

As for your pretence of your unlimited Freedom, you indeed refused so much as to hear from His Majesties Commissioner, of any precedent Treaty for the preparing and right-ordering of things before the Assembly; alledging, that it could not be a free Assembly where there was any Prelimitation either of the Choosers, or of those to be chosen, or of things to be treated of in the Assembly, but that all things must be discussed upon the place, else the Assembly could not be free: but whether you your selves have not violated that which you call Freedom, let any man judge; for besides these Instructions, which it may be are not come to our knowledge, we have seen, and offer now to produce, four several Papers of Instructions sent from them, (whom you call the Tables) containing all of them Prelimitations, and such as are not onely repugnant to that which you call the Freedom, but to that which is indeed the Freedom of an Assembly. Two of these Papers were such as you were contented should be communicated to all your Associates, to wit, that larger Paper sent abroad to all Presbyteries, immediately after His Majesties Indiction of the Assembly, and that lesser Paper for your meeting first at Edinburgh, then at Glasgow, some days before the Assembly; which Paper gave order for chusing of Assessors, and divers other particulars: but your other two Papers of Secret Instructions were directed, one of them onely to one Minister of every Presbytery, to be communicated by him as he should see cause, but to be quite concealed from the rest of the Ministers; the other Paper was directed onely to one Lay-elder of every Presbytery, and to be communicated by him as he should see cause, but to be quite concealed from all others: in both which Papers are contained such Directions, which being followed, as they were, have quite banished all Freedom from this Assembly; as shall appear by reading the Papers themselves.

[These he caused read, but they were disowned by the Members of the Assembly; and they said, they might have been the private Opinions of some, but did infer no Prelimitation on the Assembly: to which the Marquis answered]—

That all the Elections being ordered according to these, was a clear proof, they were sent by an Authority which all feared to disobey. And after that he told, That for many moneths the Orders of the Table had been obeyed by all; but he would now make a trial what Obedience they would give to the Kings Command: and protested, that one of the chief Reasons that moved him to dissolve this Assembly, was to deliver the Ministers from the Tyranny of Lay-elders, who (if not suppressed) would (as they were now designing the ruine of Episcopal Power) prove not onely Ruling, but Over-ruling-elders.

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1638.—November 29.
100. Royal Proclamation anent the Assembly.[128]

Charles by the grace of God, King of Scotland, England, France, and Ireland, Defender of the Faith. To Our Lovits _______________________________ Heraulds, Pursevants, Our Sheriffes in that part conjunctly & severally specially constitute, greeting. Forsameikle as out of the royall & fatherly care which We have had of the good & peace of this Our ancient and native Kingdome, having taken to Our serious consideration all such things as might have given contentment to Our good & loyall subjects: And to this end had discharged by Our Proclamation the Service Booke, Booke of Canons, and high Commission, freed and liberate all men from the practising of the five Articles, made all Our subjects both ecclesiasticall & civill liable to the censure of Parliament, generall Assembly, or any other Iudicatorie competent, according to the nature and qualitie of the offence; and for the free entrie of Ministers, that no other oath be administrate unto them then that which is contained in the Act of Parliament: had declared all by-gone disorders absolutely forgotten & forgiven: and for the more full and cleare extirpating all ground & occasion of feares of innovation of Religion, We had commanded the confession of faith, and band for maintenance thereof, and of authoritie in defence of the same, subscribed by Our deare Father, and his household, in anno 1580. to bee renewed and subscribed againe by Our subjects here: Likeas for settling of a perfect peace in the Church and Commonwealth of this Kingdome, We caused indict a free generall Assembly to bee holden at Glasgow the 21. of this instant, and thereafter a Parliament in May 1639. By which clement dealing, We looked assuredly to have reduced Our subjects to their former quiet behaviour & dutifull carriage, whereto they are bound by the Word of God, and Lawes both nationall and municipall, to Us their native and Soveraigne Prince. And albeit the wished effects did not follow, but by the contrary, by Our so gracious procedure they were rather emboldened, not onely to continue in their stubborne and unlawfull waies, but also daily adde to their former procedures acts of neglect, & contempt of authority, as evidently appeared by open opposing of Our just & religious pleasure and command, exprest in Our last Proclamation anent the discharge of the Service Booke, Booke of Canons, high Commission, &c. protesting against the same, and striving by many indirect meanes to withdraw the hearts of Our good people, not onely from a hearty acknowledgement of Our gracious dealing with them, but also from the due obedience to those Our just and religious commands, notwithstanding We had been formerly so oft petitioned by themselves for the same. By their daily and hourely guarding and watching about Our Castle of Edinburgh, suffering nothing to be imported therein, but at their discretion, And openly stopping and impeding any importation of ammunition, or other necessaries whatsoever to any other of Our houses within that Kingdome: Denying to Us their Soveraign Lord that libertie and freedome, which the meanest of them assume to themselves, (an act without precedent or example in the Christian world,) By making of Convocations and Councell Tables of Nobility, Gentry, Burrowes and Ministers within the Citie of Edinburgh, where not regarding the Lawes of the Kingdome, they, without warrant of authoritie, conveene, assemble, and treat upon matters, as well ecclesiasticall as civill, send their injunctions and directions throughout the country to their subordinate Tables, and other under-ministers appointed by them for that effect. And under colour & pretext of religion exercing an unwarranted & unbounded libertie, require obedience to their illegall and unlawfull procedures and directions, to the great & seen prejudice of Authority, and lawfull Monarchicall government. And notwithstanding it was evidently manifest by the illegall & unformall course taken in the election of their Commissioners for the Assembly, whereof some are under the censure of this Church, some under the censure of the Church of Ireland, and some long since banished for open and avowed teaching against Monarchie, others of them suspended, and some admitted to the Ministerie contrary to the forme prescribed by the Lawes of this Kingdome, others of them a long time since denounced Rebels and put to the Horne, who by all law and unviolable custome and practique of this Kingdome, are, and ever have been incapable, either to pursue, or defend before any Iudicatorie, far lesse to be Iudges themselves: some of them confined, and all of them by oath and subscription bound to the overthrow of Episcopacie. And by this and other their under-hand working, and private informations and perswasions, have given just ground of suspicion of their partiality herein, & so made themselves unfit Iudges of what concerneth Episcopacie. And also it was sufficiently cleared by the peremptorie and illegall procedures of the Presbyteries, who at their own hand by order of law, & without due forme of processe, thrust out the Moderatours lawfully established, & placed others, whom they found most inclinable to their turbulent humours; associate to themselves for the choosing of the said Comissioners for the Assembly, a Laick-Elder out of each Paroch, who being in most places equall, if not moe in number then the Ministerie, made choice both of the Ministers, who should be Commissioners from the Presbyteries, as also of a Ruling-Elder; being directed more therein by the warrants from the foresaid pretended Tables, then by their owne judgements, as appeares by the severall private instructions sent from them, farre contrary to the Lawes of the Countrey, and lowable custome of the Church: by which doings it is too manifest, that no calme nor peaceable procedure or course could have been expected from this Assembly, for settling of the present disorders and distractions: Yet We were pleased herein in some sort to blindfold Our own judgement, and overlooke the said disorders, and patiently to attend the meeting of the said Assembly, still hoping that when they were met together, by Our Commissioner his presence, and assistance of such other well disposed subjects who were to be there, and by their owne seeing the reall performance of all that was promised by Our last Proclamation, they should have been induced to returne to their due obedience of subjects: But perceiving that their seditious disposition still increases, by their repairing to the said Assembly with great bands and troupes of men, all boddin in feare of warre, with guns and pistolets, contrary to the lawes of this Kingdome, custome observed in all Assemblies, and in high contempt of Our last Proclamation at Edinburgh the 16. of this instant: As also by their peremptory refusing of Our Assessors, authorized by Vs (although fewer in number then Our dearest Father was in use to have at divers Assemblies) the power of voting in this Assembly, as formerly they have done in other Assemblies; and by their partiall, unjust, and unchristian refusing, and not suffering to be read the reasons and arguments given in by the Bishops, and their adherents, to Our Commissioner, why the Assembly ought not to proceed to the election of a Moderatour without them, neither yet to the admitting of any of the Commissions of the saids Commissioners from Presbyteries, before they were heard object against the same, though earnestly required by our Commissioner in our name. And notwithstanding that our Commissioner under his hand, by warrant from us, gave in a sufficient declaration of all that was contained in our late proclamation and declaration, the same bearing likewise our pleasure of the registration of the same in the books of assembly for the full assurance of the true religion to all our good subjects; And yet not resting satisfied therewith, lest the continuance of their meeting together might produce other the like dangerous acts, derogatory to royall authoritie, we have thought good, for preveening thereof, and for the whole causes and reasons above-mentioned, and divers others importing the true monarchicall government of this estate, to dissolve and breake up the said Assembly. And therefore OVR will is, and we doe discharge and inhibit all and whatsoever pretended Commissioners, and other members of the said pretended assembly, of all further meeting and conveening, treating and concluding any thing belonging to the said assembly, under the pain of treason, declaring all and whatsoever that they shall happen to doe in any pretended meeting thereafter, to be null, of no strength, force nor effect, with all that may follow thereupon: Prohibiting and discharging all our lieges to give obedience thereto, and declaring them, and every one of them, free and exempt from the same, and of all hazzard that may ensue for not obeying thereof. And for this effect we command and charge all the foresaids pretended commissioners, and other members of the said assembly, to depart forth of this city of Glasgow, within the space of xxiiii houres after the publication hereof, and to repair home to their own houses, or that they goe about their own private affaires in a quiet manner. With speciall provision alwayes, that the foresaid declaration, given in under our Commissioners hand, with all therein contained, shall notwithstanding hereof, stand full, firm and sure to all our good subjects in all time coming, for the full assurance to them of the true religion. And our will is, and we command and charge, that incontinent these our letters seen, ye passe, and make publication hereof by open proclamation at the market crosse of Glasgow, and other places needfull, wherethrough none pretend ignorance of the same. Given under our signet at Glasgow the 29. of November, and of our reign the fourteenth year. 1638.

Sic Subscribitur.

HAMILTOUN,
Traquaire, Roxburgh, Murray, Linlithgow, Perth, Kingorne, Tullibardin, Hadingtoun, Galloway, Annandaill, Lauderdaill, Kinnoull, Dumfreis, Southesk, Belhaven, Angus, Dalyell, J. Hay, W. Elphinstoun, Ja. Carmichael, J. Hamiltoun.

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1638.—November 28 and 29.
101. The Protestation of the generall Assembly of the Church of Scotland, &c. Made in the high Kirk, and at the Market Crosse of Glasgow, Novemb. 28. and 29. An. 1638.[129]

Wee Commissioners from Presbyteries, Burghes, and Vniversities, now conveened in a full and free Assembly of the Church of Scotland, indicted by his Majestie, and gathered together in the Name of the Lord Jesus Christ the only Head, and Monarch of his own Church, And we Noblemen, Barons, Gentlemen, Ministers, Burgesses and Commons, Subscribers of the Confession of Faith, Make it knowne that where We His Majesties loyall Subjects of all degrees, considering and taking to heart the many and great innovations and corruptions lately by the Prelates and their adherents intruded into the doctrine, worship, and discipline of this Church, which had been before in great purity to our unspeakable comfort established amongst us, were moved to present many earnest desires and humble supplications to his sacred Majestie, for granting a free generall Assemblie, as the only legall and ready meane to try these innovations, to purge out the corruptions, and settle the order of the church, for the good of Religion, the honour of the King, and the comfort and peace of the Kirk and Kingdome: It pleased his gracious Majestie, out of his Royall bountie, to direct unto this Kingdome, the Noble and Potent Lord, James Marques of Hammiltoun, with Commission to hear and redresse the just grievances of the good Subjects, who by many petitions, and frequent conferences, being fully informed of the absolute necessity of a free generall Assemblie, as the only Iudicatorie which had power to remedie those evils, was pleased to undergoe the paines of a voyage to England, for presenting the pittifull condition of our Church to his sacred Majestie; And the said Commissioner his Grace returned againe in August last, with power to indict an Assemblie, but with the condition of such limitations, as did both destroy the freedome of an Assembly, and could no wayes cure the present diseases of this Church; which was made so clearly apparent to his Grace, that for satisfying the reasonable desire of the Subiects, groaning under the wearinesse and prejudices of longsome attendance. He was againe pleased to undertake another journey to his Majestie, and promised to indeavour to obtain a free Generall Assemblie, without any prelimitation, either of the constitution and members, or matters to be treated, or manner, and order of proceeding; so that if any question should arise concerning these particulars, the same should be cognosced, judged, and determined by the Assembly, as the onely Iudge competent: And accordingly by warrant from our Sacred Soveraigne, returned to this Kingdome, and in September last, caused indict a free Generall Assemblie to be holden at Glasgow, the 21. of November instant, to the unspeakable ioy of all good Subiects and Christian hearts, who thereby did expect the perfect satisfaction of their long expectations; and the finall remedie of their pressing grievances: But these hopes were soone blasted: for albeit the Assemblie did meet and begin at the appointed day, and hath hitherto continued, still assisted with His Graces personall presence, yet His Grace hath never allowed any freedome to the Assemblie, competent to it by the Word of God, acts and practices of this Church, and his Majesties Indiction, but hath laboured to restraine the same, by protesting against all the acts made therein, and against the constitution thereof by such members, as by all law reason and custome of this Church were ever admitted in our free Assemblies, and by denying his approbation to the things proponed and concluded, though most cleare, customable, and uncontraverted.

And now since his Grace after the presenting and reading of his owne commission from our sacred Soveraigne, and after his seeing all our commissions from Presbyteries and Burghes produced and examined, and the Assembly constitute of all the members by unanimous consent, doth now to our greater griefe, without any just cause or occasion offered by us, unexpectedly depart and discharge any further meeting, or proceeding in this assemblie, under the paine of treason: and after seven dayes sitting, declare all Acts made, or hereafter to be made in this Assemblie, to be of no force nor strength; and that for such causes as are either expressed in his Maiesties former proclamations, (and so are answered in our former protestations) or set downe in the declinatour and protestation presented in name of the Prelats, (which are fully cleared in our answer made thereto) or else were long since proponed by the Commissioner his Grace in his eleven articles or demands sent unto us, before the indiction of the Assembly (and so were satisfied by our answers, which his Grace acknowledged, by promising after the recept thereof to procure a free generall Assembly, with power to determine upon all questions, anent the members, manner, and matters thereof) all which for avoiding tediousnesse we cease to repeat: Or otherwise the said causes alleadged by the Commissioner, were proponed by His Grace, in the Assemblie; such as first, that the Assemblie refused to reade the Declinatour and Protestation exhibited by the Prelats, which neverthelesse was publickly read and considered by the assemblie, immediately after the election of a Moderatour and constitution of the Members, before the which, there was no assemblie established, to whom the same could have been read: Next, that ruling Elders were permitted to have voice in the election of commissioners from Presbyteries, which was knowne to His Grace, before the indiction and meeting of the assembly, and is so agreeable to the acts and practice of this Church, inviolably observed before the late times of corruption, that not one of the assembly doubted thereof, to whom by the indiction and promise of a free assembly, the determination of that question, anent the members constituent propertie belonged.

And last, that the voices of the six Assessors, who did sit with His Grace, were not asked and numbered, which we could not conceive to be any just cause of offence, since after 39. Nationall assemblies of this reformed church, where neither the Kings Majestie, nor any in his name was present, at the humble and earnest desire of the assembly, His Majestie graciously vouchsafed His presence either in His owne Royall Person, or by a Commissioner, not for voting or multiplying of voices, but as Princes and Emperours of old, in a Princely manner to countenance that meeting, and to preside in it for externall order; and if Wee had been honoured with His Majesties Personall presence, His Majestie (according to the practice of King James of blessed memorie) would have onely given his owne Judgement in voting of matters, and would not have called others who had not been clothed with commission from the church to carry things by pluralitie of voices.

Therefore in conscience of our duty to God and his truth, the King and his honour, the Church and her liberties, this Kingdome and her peace, this Assemblie and her freedome, to our selves and our safety, to our Posterity, Persons and Estates, We professe with sorrowfull and heavie, but loyall hearts, That We cannot dissolve this Assemblie, for the reasons following.

1. For the reasons already printed anent the necessity of conveening a Generall Assemblie, which are now more strong in this case, seeing the Assemblie was already indicted by his Majesties authority, did conveene, and is fully constitute in all the members thereof, according to the Word of God, and discipline of this church, in the presence and audience of his Majesties Commissioner; who hath really acknowledged the same, by assisting therein seven dayes, and exhibition of His Majesties Royall Declaration, to be registrate in the Bookes of this Assemblie, which accordingly is done.

2. For the reasons contained in the former Protestations made in name of the Noblemen, Barons, Burgesses, Ministers, and Commons, whereunto We doe now iudicially adhere, as also unto the Confession of Faith & covenant, subscribed and sworn by the Body of this Kingdome.

3. Because as We are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by Vs; so the Kings Majestie, and his Commissioner, and Privie Councell, have urged many of this Kingdome to subscribe the Confession of Faith made in an. 1580. and 1590. and so to returne to the doctrine and discipline of this Church, as it was then professed: But it is cleare by the doctrine and discipline of this Church, contained in the book of Policie then registrate in the books of Assemblie, & subscribed by the Presbyteries of this Church; That it was most unlawfull in it selfe, and preiudiciall to these privileges which Christ in his Word hath left to his Church, to dissolve or breake up the Assemblie of this Church, or to stop and stay their proceedings in constitution of Acts for the welfare of the Church, or execution of discipline against offenders; and so to make it appeare, that Religion and Church government should depend absolutely upon the pleasure of the Prince.

4. Because there is no ground of pretence either by Act of Assemblie, or Parliament, or any preceding practice, whereby the Kings Maiestie may lawfully dissolve the Generall Assemblie of the Church of Scotland, far lesse His Maiesties Commissioner, who by his commission hath power to indict and keep it, secundum legem & praxim: But upon the contrarie, His Majesties prerogative Royall, is declared by Act of Parliament, to be no wayes preiudiciall to the priviledges and liberties, which God hath granted to the spirituall office-bearers, and meetings of this Church; which are most frequently ratified in Parliaments, and especially in the last Parliament holden by His Maiestie himself: which priviledges and liberties of the Church, his Maiestie will never diminish or infringe, being bound to maintain the same in integritie by solemn oath given at his Royal Coronation in this Kingdome.

5. The Assemblies of this Church have still inioyed this freedome of uninterrupted sitting, without or notwithstanding any contramand, as is evident by all the Records thereof; and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Majestie his Commissioner and Councell, to stay their processe against Master Robert Montgomerie, pretended Bishop of Glasgow, or otherwise to dissolve and rise, did notwithstanding shew their liberty and freedome, by continuing and sitting still, and without any stay, going on in that processe against the said Master Robert, to the finall end thereof: And thereafter by letter to his Maiesty, did shew clearly, how far his Maiesty had been uninformed, and upon misinformation, preiudged the prerogative of Jesus Christ, and the liberties of this Church, and did inact and ordain, that none should procure any such warrant or charge under the pain of excommunication.

6. Because now to dissolve, after so many supplications and complaints, after so many reiterated promises, after our long attendance and expectation, after so many references of processes from Presbyteries, after the publick indiction of the Assembly, and the solemn Fast appointed for the same, after frequent Convention, formall constitution of the Assembly in all the members thereof, and seven dayes sitting, were by this act to offend God, contemne the Subjects petitions, deceive many of their conceived hopes of redresse of the calamities of the Church and Kingdome, multiply the combustions of this Church, and make every man despair hereafter ever to see Religion established, Innovations removed, the Subiects complaint respected, or the offenders punished with consent of authority, and so by casting the Church loose and desolate, would abandon both to ruine.

7. It is most necessary to continue this Assembly for preveening the prejudices which may ensue upon the pretence of two Covenants, whereas indeed there is but one, That first subscribed in 1580. and 1590. being a Nationall covenant and oath to God; which is lately renewed by Vs, with that necessary explanation, which the corruptions introduced since that time contrary to the same, inforced: which is also acknowledged by the Act of councell in September last, declaring the same to be subscribed, as it was meaned the time of the first subscription; And therefore for removing that shame, and all prejudices which may follow upon the show of two different covenants & confessions of Faith in one Nation, The Assemblie cannot dissolve, before it trie, finde and determine, that both these covenants, are but one and the self same covenant: The latter renewed by us, agreeing to the true genuine sense and meaning of the first, as it was subscribed in Anno 1580.

For these and many other reasons, We the Members of this assemblie, in our owne name, and in the name of the Kirk of Scotland, whom We represent; and We Noblemen, Barons, Gentlemen, Ministers, Burgesses, and Commons before mentioned, doe solemnly declare in the presence of the everliving God, and before all men; And protest,

1. That our thoughts are not guilty of anything which is not incumbent to us, as good Christians towards God, and loyall Subjects towards our sacred Soveraigne.

2. That all the Protestations generall or particular, proponed or to be proponed by the commissioner his Grace, or the Prelats and their adherents, may be presently discussed before this generall Assemblie, being the highest Ecclesiasticall judicatorie of this Kingdome: and that his Grace depart not till the same be done.

3. That the Lord commissioner depart not, till this Assemblie doe fully settle the solide peace of this church, cognoscing and examining the corruptions introduced upon the doctrine and discipline thereof: and for attaining hereof, and removing all just exceptions which may be taken at our proceedings, we attest GOD the searcher of all hearts, that our intentions, and whole proceedings in this present assemblie, have beene, are, and shall be according to the word of GOD, the lawes and constitutions of this church, the confession of faith; our nationall oath, and that measure of light, which GOD the father of light shall grant us, and that in the sincerity of our hearts, without any preoccupation or passion.

4. That if the Commissioner his Grace depart, and leave this church and kingdome in this present disorder, and discharge this assemblie, that it is both lawfull and necessary for Vs to sit still and continue in keeping this present Assemblie, indicted by His Majestie, till we have tryed, judged, censured all the bygone evils, and the introductors, and provided a solide course for continuing Gods truth in this land with purity and liberty, according to his Word, our oath and Confession of Faith, and the lawfull constitutions of this Church; and that with the grace of God, We and every one of Vs adhering hereunto, shall sit still and continue in this Assembly, till after the finall setling and conclusion of all matters, it be dissolved by common consent of all the members thereof.

5. That this Assemblie is and should be esteemed and obeyed, as a most lawfull, full and free generall Assembly of this Kingdome: And that all acts, sentences, constitutions, censures and proceedings of this Assemblie, are in the selfe, and should be reputed, obeyed, and observed by all the Subjects of this Kingdome and members of this Church, as the actions, sentences, constitutions, censures, and proceedings of a full and free generall assembly of this Church of Scotland, and to have all ready execution, under the Ecclesiasticall paines contained, or to bee contained therein, and conforme thereto in all points.

6. That whatsoever inconvenience fall out, by impeding, molesting, or staying the free meeting, sitting, reasoning, or concluding of this present assembly, in matters belonging to their judicatorie, by the word of God, lawes and practice of this Church, and the Confession of Faith, or in the observing and obeying the acts, ordinances and conclusions thereof, or execution to follow thereupon, That the same be not imputed unto us, or any of us, who most ardently desired the concurrence of his Majesties Commissioner to this lawfull assembly; But upon the contrary, that the Prelats and their adherents, who have protested and declined this present assemblie, in conscience of their owne guiltinesse, not daring to abide any legall tryall, and by their misinformation have moved the Commissioner his Grace to depart and discharge this assemblie, be esteemed, repute, and holden the disturbers of the peace, and overthrowers of the liberties of the Church, and guiltie of all the evils which shall follow hereupon, and condignely censured according to the greatnesse of their fault, and Acts of the Church and Realme: And to this end, Wee againe and again doe by these presents cite and summon them, and everie one of them, to compeere before this present generall assembly, to answer to the premises, and to give in their reasons, defences, and answers against the complaints given in, or to bee given in against them, and to heare probation led, and sentence pronounced against them, and conforme to our former cytations, and according to Iustice, with certification as effeirs; Like as by these presents We summon and cyte all those of his Majesties Councell, or any other, who have procured, consented, subscribed, or ratified this present Proclamation to be responsable to his Majesty and three Estates of Parliament, for their counsell given in this matter, so highly importing his Majestie, and the whole Realme, conforme to the 12. act. King James 4. Parliament 2. And protest for remedy of law against them, and every one of them.

7. And lastly wee protest, that as we adhere to the former protestations all and every one of them, made in the name of the Noblemen, Barons, Gentlemen, Ministers, Burghes, and Commons; So seeing wee are surprised by the Commissioner his Graces sudden departing, farre contrary to his Majesties indiction, and our expectation, we may extend this our protestation, and adde more reasons thereunto in greater length and number, whereby wee may fully cleare before God and man the equitie of our intentions, and lawfulnesse of our proceedings: And upon the whole premises the foresaid persons for themselves and in name aforesaid, asked Instruments. This was done in the high Church of Glasgow in publike audience of the Assembly, begunne in presence of the Commissioner his Grace, who removed and refused to heare the same to the end, the twenty eighth day of November: and upon the Mercate Crosse of Glasgow, the twentie ninth day of the said Moneth, the yeere of God 1638. respective.

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1638.—November 30.
102. Letter from Traquair to Hamilton.[130]

Falkirk, Nov. 30th.

I could not find the Earl of Argyle yesterday at his own house; and being unwilling to go from Glasgow before I saw him, I came to the Lord Boyde’s lodging, where I was told he was, with the Lord Loudon and some others. He resolves to stay still in Glasgow, some time at least; and during his abode there, will haunt the assembly, and be careful to make them go on in such a way as shall be justifiable.

The Service-book will be condemned in general, as repugnant to the tenets of this church; episcopal government, as not agreeable to the government thereof; and presently all the bishops of this kingdom are condemned, and presently excommunicate.

The Lord Loudoun acknowledges one of the papers, your Grace produced in the assembly, but the certificate refused; the same was required of me, which at the kirk-yard entry I acknowledged and declared to be such as became an honest man; for truly, if I should say otherwise, I should deny truth and my own judgment. And if I should subscribe any covenant or confession, which, in my judgment, excluded episcopacy or episcopal government, I behoved to subscribe against the light of my own conscience; and this I declared publicly, as I shall do while I breathe.

This morning the Lairds Carberry, Nidrie, and Colintone, with John Smith of Edinburgh, parted from this, about four in the morning, to attend my coming to Edinburgh, for protesting against the proclamation; which they expect at the cross of Edinburgh.

As your Grace shall be pleased to honour me with any of your commandments, I shall not be wanting with the uttermost of my power; and without consideration either of life or fortune, shall witness myself to be

Your, &c.

Traquair .

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1638.—December 3.
103. Letter from the Archbishop of Canterbury (Laud) to Hamilton.[131]

My very good Lord,

I received your Lordships Letters of Novemb. 27ᵗʰ, they came safe to me on Decemb. 2ᵈ, after 8 at night. I was glad to see them short; but their shortness is abundantly supplied by the length of two Letters, one from the Lord Ross, and the other from the Dean. They have between them made their word good to your Lordship, for they have sent me all the passages from the beginning of the Assembly to the time of the Date of their Letters: and this I will be bold to say, never were there more gross absurdities, nor half so many, in so short a time, committed in any Publick Meeting; and for a Nationall Assembly never did the Church of Christ see the like.

Besides His Majesties Service in general, that Church is much beholding to you, and so are the Bishops in their Persons and Callings: and heartily sorry I am, that the People are so beyond your expression furious, that you think it fit to send the two Bishops from Glasgow to Hamilton; and much more that you should doubt your own safety. My Lord, God bless your Grace with Life and Health to see this Business at a good end, for certainly, as I see the face of things now, there will very much depend upon it, and more than I think fit to express in Letters; nay perhaps, more than I can well express if I would.

I am as sorry as your Grace can be that the Kings Preparations can make no more haste. I hope you think (for truth it is) I have called upon His Majesty, and by His Command upon some others, to hasten all that may be, and more than this I cannot doe; but I am glad to read in your Letters that you have written at length to His Majesty, that you may receive from himself a punctual Answer to all necessary particulars: and I am presently going to him to persuade him to write largely to you, that you may not be in the dark for any thing.

But (my Lord) to meet with it again in your Letters, that you cannot tell whether this may be your Last Letter, and that therefore you have disclosed the very thoughts of your Heart, doth mightily trouble me: but I trust in God, he will preserve you, and by your great Patience, Wisdom, and Industry, set His Majesties Affairs (to your great Honour) in a right posture once again; which if I might live to see, I would be glad to sing my Nunc dimittis.

I pray (my Lord) accept my thanks for the poor Clergie there, and particularly for the Bishop of Ross, who protests himself most infinitely obliged to you.

I heartily pray your Lordship to thank both the Bishop of Ross and the Dean for their kind Letters, and the full account they have given me; but there is no particular that requires an Answer in either of them, saving that I find in the Deans Letter, that Mr Alex. Henderson, who went all this while for a quiet and calm-spirited man, hath shewed himself a most violent and passionate man, and a Moderator without Moderation. Truly (my Lord) never did I see any man of that humour yet, but he was deep-dyed in some violence or other, and it would have been a wonder to me if Henderson had held free. Good my Lord, since you are good in the active part, in the commixture of Wisdom and Patience, hold it out till the People may see the Violence and Injustice of them that would be their Leaders, and suffer not a Rupture till there be no Remedy. God bless you in all your ways, which is the daily prayer of

Your Lordships most faithful Friend,
and humble Servant,
W. Cant.

Lambeth, 3 Decemb. 1638.

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1638.—December 7.
104. Letter from the King to Hamilton.[132]

Hamilton,

I never expected other than that you would have too just grounds to dissolve this Assembly; and certainly I were very unjust if I did not approve you therein, since not onely your Instructions warrant you the same, but even the Council hath testified to me the Necessity of it. And now I shall lay before you some Considerations; in the first place to take care, that your coming away do not cast things so loose, that the honest men of my Party do believe that you leave them as in a case desperate, or at least, that by your Absence they be denuded of Advice and Protection: therefore I hope before you come up you will take so good order, that your Absence do neither dishearten, nor prejudice my Party. As for my Preparations, I doubt not but ere this you have had a full account by your Cousin Sir James, whereby you find that I shall not be able to shew my self like my self before February or March; wherefore I lay it to your Consideration, whether it were not fit to give hopes that the Parliament shall hold, (notwithstanding all the impertinencies of this last Assembly) so that their Follies break not out into open Acts of Rebellious Violences: and really I will not say, but (that things may be so prepared) it may be fitting that it should hold. To conclude, I hope you do not conceive, that the Date of your Commissionership is out; wherefore I expect that (if you find cause) you send out Commissions of Lieutenantries to Huntley for the North, and to Traquair or Roxburgh, either joyntly or severally, (as you shall find most fit) for the South: yet all as subaltern to you. This I confess is not to be done but upon great necessity, of which I leave you (as upon the place) to be Judge, (being abundantly satisfied of your zeal and dexterity to serve me) as I do of all that I have now written: and so I rest

Your assured constant Friend,
Charles R.

Whitehall,
7 Dec. 1638.

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1638.—December 7.
105. Letter from the Archbishop of Canterbury to Hamilton.[133]

My very good Lord,

I received your Letters of the second of December upon the sixth of the same at night, and could not speak with His Majesty till this day. This day I did, and shewed him your Letters and the Deans; and I read to him more than the later half of all the long Discourse which the Dean wrote unto me, for his Majesty was very desirous to know what occasion you took to dissolve the Synod, and how you prosecuted it; in both which that Paper gave him great satisfaction.

With your Letters I have received three other Papers, that which shews you have keeped within your Instructions, the Copy of the Proclamation which dissolves the Assembly, and a Copy of the Councils Letter to the King; both which His Majesty takes to be very good Service done for him, and commands me to give your Grace thanks in his Name, which I am very glad to doe, and I doe it heartily.

For the Earl of Argyle I can say no more than I have already, though now I know him more perfectly than I did. Your Resolution was to put him from the Council-Table, if he refused the Kings Covenant; he hath now deserved it more, but whether it be a fit time as yet to proceed so far, I dare not determine here. This I am sure of, if he do now publickly adhere to the Covenant and the Assembly, nay be the professed Head of the Covenant, (as the Dean calls him,) yet he will have much ado to look right upon that, who ever looked asquint upon the Kings business.

Concerning your coming up to Court, I am glad I find His Majesty in that Opinion which I cannot chuse but be of, that is, to leave it to your self, and your own Judgment upon the place, whether it be fitter for you to come or stay: for the truth is, my Lord, in my poor Judgment the King must needs leave this to your self, or discern himself; for if he bids you come, you will not stay; and if he would have you stay, you will not come: but whether it be fittest to come or stay cannot be prudently judged here, therefore (my Lord) doe that which shall be best approved there for His Majesties Service. And as much as I desire to see you, I will be bold to adde this, that I hope you will not stir to come thence, till you have so settled the Country, or at least the Kings Party there, as that you may be sure they may be safe, till farther course for Security may be taken: for I do not know how much it may dishearten them if your Grace come away from them too soon.

In tender care of His Majesties both Safety and Honour, I have done and do daily call upon him for his Preparations. He protests he makes all the haste he can, and I believe him; but the jealousies of giving the Covenanters umbrage too soon, have made Preparations here so late. I doe all I can here with trouble and sorrow enough.

Here is News that three Ships-full more of Arms are come to Leith from Poland; whence have they money to buy all this? If this be true, the King of Poland hath watched a shrewd opportunity to quit the King for the late neglect of his Ambassadour. And that which troubles me not a little is, that the Kings Party there (I doubt) is not half so well provided of Arms as the Covenanters are.

For the Money you mention, I wish with all my heart you had received it, for at the rising of the Assembly most miserable will be the Condition of them who have faithfully served God and the King. I have now again put it to the King, and he sees enough, but cannot well tell how to help it; yet this he said, If he could possibly scrape so much together, it should be had.

I pray be pleased to thank the Dean for his great pains, though it cost me the sitting up some part of the night to read it. His Letter, beside that Discourse, contains but two things, The necessity of a present shew of Force against the rising of the Assembly, before men be urged to new Confederacies, and Subscriptions to all things determined in this Assembly; The other, that some care may be had for the poor Ministers, who will be put to the greatest sufferings, and all for God and the King. And to these two I have said as much as I can, and shall daily labour with the King to doe all that may be done for them. I pray God bless your Lordship, but I am infinitely sorry so much Grace and Goodness of the Kings should be no better received. To Gods blessed Protection I leave you, and all your Endeavours, and shall ever shew my self

Your Graces most faithful Friend,
and humble Servant,
W. Cant.

Whitehall, Decemb. 7. 1638.

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1638.—December 8.
106. Proclamation by the King.[134]

Charles, By the grace of GOD, King of Scotland, England, France, and Ireland, Defender of the FAYTH, To Our Lovits, _______________ Herauldes, Pursevantes: Our Shyreffs in that part, conjunctlie, and severallie, speciallie constitute, Greeting. WHERE-AS, for the removing of the Disorders, which haue happened of late within this Kingdome; And, for settling of a perfect Peace in the Church, and Common-wealth there-of, WEE were pleased, to call and indict A FREE GENERALL ASSEMBLIE to bee holden at Glasgow, the xxj day of November last; And for Our Subjects their better content and assurance, that they should bee freed of such thinges as by their Petitions and Supplications given in to the Lordes of Our Privie Councell, they seemed to be grieved at, WEE, in some sort, prevented the Assemblie, by discharging, by Our Proclamation, the Service-Booke, Booke of Canons, and High Commission, freed and liberate all Our Subjectes, from practising of the fiue Articles, exeemed all Ministers at their entrie, from giving anie other Oath, than that which is contayned in the Act of Parliament; Made all persons, both Ecclesiasticall and Civill, lyable to the Censure of Parliament, Generall Assemblie, or anie other Iudicatorie competent, according to the nature of their Offence; Had declared all by-gone Disorders absolutelie forgotten, and forgiven: And last; For securing to all Posteritie, the Trueth, and Libertie of RELIGION, did command the Confession of Fayth, and Band for mayntenance thereof, and of Authoritie in defence of the same, subscrybed by Our deare Father, and his Householde, in Anno 1580, to bee renewed, and subscrybed agayne by Our Subjectes heere. And, albeit that this Our Gracious and Pious Commaund, instead of Obedience and Submission, rancountred open and publicke Opposition and Protestation agaynst the same; And that they continued their daylie and hourlie guarding and watching our Castle of Edinburgh, suffering nothing to bee imported there-in, but at their discretion: stopping and impeding anie importation of Ammunition, or other Necessaries what-so-ever, to anie of Our Houses within this Kingdome: Denying to Us their Soveraygne Lord, that Libertie and Freedome, which the meanest of them assumed to themselues, (an Act without precedent or example in the Christian World:) Lyke as they spared not, boldlie and openlie to continue their Conventions, and Councell-Tables, of Nobilitie, Gentrie, Ministers, and Burgesses, within the Citie of Edinburgh: Where, not regarding the Lawes of the Kingdome, without warrand of Authoritie, they conveaned, assembled, and treated vpon Matters as well Ecclesiasticall as Civill, Sent their Injunctions and Directions throughout the Countrey, to their subordinate Tables, and other vnder Ministers appoynted by them for that effect: And, vnder colour and pretext of Religion, exercising an vnwarranded Libertie, requyred obedience to their vnlawfull and illegall Directions, to the seene prejudice of Authoritie, and lawfull Monarchicall Governament. And not-with-standing it was evidentlie manifest, by the illegall and vnformall Course taken in the Election of the Commissioners for the Assemblie; whereof some of them were vnder the Censure of this Church, some vnder the Censure of the Church of Ireland, some long since banished, for avowed teaching agaynst Monarchie: others of them suspended, and some admitted to the Ministerie, contrarie to the forme prescrybed by the Lawes of this Kingdome: others of them Rebells, and at the Horne: some of them confined, and all of them by Oath and Subscription, bound to the overthrowe of Episcopall Government. And by this, and others their Under-hand-working, and private Informations, and perswasions, had given just ground of Suspicion of their Partialitie; and so made themselues vnfit Iudges of what concerneth Episcopacie. And als, albeit it was sufficientlie cleared, by the peremptorie and illegall Procedures of the Presbyteries, who at their owne hand, and by order of Lawe, and without due forme of Processe, thrust out Moderators lawfullie established, and placed others, whome they found moste inclynable to their turbulent Humoures, associate to themselues, for choosing of the Commissioners to the Assemblie, a Laicke Elder out of each Parioch; who beeing in moste places equall, if not moe in number than the Ministerie, made choyse both of the Ministers who should bee Commissioners, from the Presbyteries, as also of a Laicke Elder, (which in tyme will proue to bee a dangerous Consequence, and import an heavie Burden to the Libertie of the Church, and Church-men) beeing more directed therein, by the Warandes of the foresayde pretended Tables, than by their owne judgementes; as appeared by the severall Instructions sent from them, (farre contrarie to the Lawes of this Countrey, and lowable custome of this Church) some whereof were produced, and exhibit by Our Commissioner, and publicklie read: One whereof directed to the Noble-men and Barons of each Presbyterie, doeth amongst manie other odde passages, require Diligence; lest (say they) by our owne Sillinesse and Treacherie, wee lose so fayre an occasion of our Libertie, both Christian and Civill. A strange phrase, to proceede from duetifull or loyall-hearted Subjectes! The other, to the Moderators of severall Presbyteries, vnder the Title of Private Instructions, August 27, contayning, first, That these Private Instructions shall bee discovered to none, but to Brethren well-affected to the Cause. 2. Order must be taken, that none be chosen Ruling-Elders, but Covenanters, and these well-affected to the Businesse. 3. That where the Minister is not well-affected, the Ruling Elder bee chosen by the Commissioners of the Shyre, and spoken vnto particularlie for that effect. 4. That they bee carefull, that no Chappell-men, Chapter-men, or a Minister Iustice of Peace bee chosen, although Covenanters, except they haue publicklie renounced or declared the vnlawfullnesse of their Places. 5. That the Ruling Elders, come from everie Church, in equall number with the Ministers. And if the Minister oppose, to put themselues in possession, notwithstanding of anie opposition. 6. That the Commissioner of the Shyre, cause conveane before him the Ruling Elder of everie Church, chosen before the day of the Election, and injoyne them, vpon their Oath, That they giue voyce to none, but to those who are named alreadie at the Meeting of Edinburgh. 7. That where there is a Noble-man in the boundes of the Presbyterie, hee bee chosen: and where there is none, there bee chosen a Baron, or one of the best Qualitie; and he only a Covenanter. 8. That the ablest man in everie Presbyterie bee provided to dispute, De potestate supremi Magistratus in Ecclesiasticis præsertim inconvocandis Conciliis, &c. Whereby it is moste evident, what Prelimitations, and indirect and partiall Courses, and dangerous Propositions, haue bene vsed in the Preparations and Elections to this pretended Assemblie. By which vnlawfull doinges, altho Wee had sufficient reason, to haue discharged the Meeting of the Assemblie, yet We pleased patientlie to attende the same: Still hoping, that when they were met together, by the presence of Our Commissioner, and assistance of some well-affected Subjectes, who were to bee there, and by their owne seeing the reall performance of what was promised by Our Proclamation, they should haue beene moved to returne to the due obedience of Subjects. But when Wee perceaved, that ther turbulent Dispositions did increase, as was manifest by their repairing to the sayde pretended Assemblie, with great Troups and Bands of Men, all boden in feare of Warre, with Gunnes and Pistolls, contrarie to the Laws of this Kingdome, and in high contempt of Our Proclamation at Edinburgh, the xvj of November last. As also by their peremptorie refusing to the Assessoures authorized by US, (altho fewer in number than our dearest Father was in vse to haue) the power of Voting in this Assemblie, as formerlie they had done in all others: openlie averring, That Wee nor Our Commissioner had no farther power there, than the meanest Commissioner of their number: and by their partiall and vnjust refusing, and not suffering to bee read, the Reasons and Argumentes given in by the Bishops, and their Adherentes, to Our Commissioner, why they ought not to proceede to the Election of a Moderator, neyther yet to the trying and admitting of the Commissioners, before they were heard, tho in Our Name they were earnestly requested therevnto by Our Commissioner. And not-with-standing that Our Commissioner, by Warrand from Us, gaue in vnder his hand, a sufficient Declaration of all that was contayned in Our late Proclamation: Bearing lykewyse Our Pleasure, of the Registration of the same in the Bookes of Assemblie, for full assurance of the Trueth and Libertie of Religion, to all Our good Subjectes; as doeth clearlie appeare by the Declaration it selfe, where-of the Tenour followeth: THE KING’S MAIESTIE beeing informed, That manie of his good Subjectes haue apprehended, that by the introducing of the Service-Booke, and Booke of Canons, the inbringing of Superstition hath beene intended, hath beene graciouslie pleased to discharge; Lyke as by These hee doeth discharge the Service Booke, and Booke of Canons, and the practise of them, and eyther of them; and annulleth and rescindeth all Actes of Councell, Proclamations, and other Actes and Deedes whatsoever that haue beene made, or published, for establishing of them, or eyther of them; and declareth the same to bee null, and to haue no force, nor effect, in tyme comming. THE KING’S MAIESTIE, as hee conceaved for the ease and benefite of the Subjects, established the High Commission, that thereby Iustice might bee administrate, and the faultes and erroures of such persons as are made lyable therevnto, taken order with, and punished, with the more conveniencie, and lesse trouble to the people: But finding his gracious intention therein to bee mistaken, hath beene pleased to discharge, Lyke as by These hee doeth discharge the same, and all Actes and Deedes whatsoever made for establishing thereof. AND, The King’s Majestie beeing informed, That the vrging of the fiue Articles of Pearth Assemblie, hath bred Distraction in the CHURCH and ESTATE, hath beene graciouslie pleased, to take the same to his Royall Consideration; and, for the Quyet and Peace of his Countrey, hath not onlie dispensed with the practise of the saydes Articles; But also discharged all and whatsoever persons, from vrging the practise thereof, vpon eyther Laicke or Ecclesiaticall person whatsoever; And hath fred all his Subjectes, from all Censures and Paynes, whether Ecclesiasticall or Secular, for not vrging, practising, or obeying them, or anie of them, notwithstanding of aniething contayned in the Actes of Parliament, or Generall Assemblie, to the contrarie. AND, His Majestie is farther contented, That the Assemblie take the same so farre to their Consideration, as to represent it vnto the next Parliament; there to bee ratified, as the Estates shall bee found fitting. AND, Because it hath beene pretended, That Oathes haue beene administrated different from that which is set downe in the Actes of Parliament, his Majesty is pleased to declare by mee, That no other Oath shall be required of anie Minister at his Entrie, than that which is set downe in the Act of Parliament. AND, That it may appeare howe carefull his Majestie is, that no Corruption, or Innovation, shall creepe into this Church, nether yet anie Scandall, Vyce, or Fault, of anie person whatsoever, censurable or punishable by the Assemblie, goe long vnpunished. HIS MAIESTIE is content to declare by mee; and assure all his good People, That Generall Assemblies shall bee kept so oft, and alse oft, as the Effayres of this Church shall requyre. AND, That none of his good Subjectes may haue cause of Grievances agaynst the Proceedinges of the Prelates, HIS MAIESTIE is contented, That all and everie one of the present Bishops, and their Successoures, shall bee aunawerable, and accordinglie from tyme to tyme, censurable, according to their merites, by the Generall Assemblie. AND, To giue all his Majestie’s good People full assurance, that hee never intended to admit anie Alteration, or Change, in the True Religion, professed within this Kingdome; AND, That they may bee truelie and fullie satisfied, of the Realitie of His Intentions, and integritie of the same, His Majestie hath beene pleased, to requyre and commaund all his good Subjectes, to subscrybe the Confession of Fayth, and Band for mayntenance there-of, and Of His Majestie’s Person, and Authoritie, formerlie signed by his deare Father, in Anno 1580; And nowe also requyreth all these of this present Assemblie, to subscrybe the same. AND, It is His Majesties will, That this bee insert and registrat in the Books of Assemblie, as a Testimoniall to Posteritie, not onelie of the sinceritie of his Intentions to the sayd True Religion, but also of His Resolution, to mayntayne and defend the same, and His Subjectes, in the Profession there-of. Which Declaration was by Our speciall Commaund and Direction given in, and subscrybed by Our Commissioner, vpon Protestation made by him, That his assenting to the registrating heere-of, should bee no Approbation of the lawfulnesse of this Assemblie, nor of anie of the Actes or Deedes done or to bee done therein. And finding them in lyke sort, nowayes to be satisfied therewith, and that nothing else was able to giue them content, except at their owne pleasure they were permitted to overthrowe all Episcopall Government in the Church, and thereby to abrogate Our publicke Lawes standing in vigour, by the space of manie yeares by-gone, and to alter the fundamentall Governament of this Kingdome, in taking away one of three Estates, contrarie expresse Actes of Parliament. And lest the continuance of their meetings, might haue produced other the lyke dangerous Actes so derogatorie to Royall Authoritie; Wee were forced for preveaning thereof, and for the causes and reasons aboue mentioned, and dyverse others importing true Monarchicall Governament, to dissolue and breake vp the sayde pretended Assemblie, and to discharge them of all farther meeting, treating, or concluding of anie thing therein: And yet in that calme and peaceable way, as our Commissioner before his removing desired their pretended Moderator for that tyme, to haue sayde Prayer, and so concluded that dayes Session; that so they might haue had tyme to thinke vpon the just reasons of his refusing, to assist or bee anie longer present at the sayde pretended Assemblie; and of the causes moving Us to the dissolving thereof. And notwithstanding his earnest vrging the same, and being willing to returne the next Morne to heare their Answere, in place of all other satisfaction to his so reasonable and moderate desires, was refused, and met with a Protestation, of an high and extraordinarie strayne: Thereby presuming to sute and call our Counsell in question, for their duetifull assistance, and obedience vnto Us, and Our Commissioner. And finding their disobedience thus to increasse, Wee were constrayed to discharge them anewe agayne the next day thereafter, by publicke Proclamation, vnder the Payne of Treason. And albeit that their continuance is such, as hath not beene heard in former tymes yet they shall never moue Us, to alter the least poynt or Article of what Wee haue alredie declared by Proclamation, or Declaration vnder Our Commissioner’s hand: All which was publicklie read, and by our Commissioner requyred to bee insert and registrated in the Bookes of Assemblie, therein to remayne as a Testimonie to Posteritie; not onlie of the sinceritie of Our Intentions to the true Religion; but also of Our Resolution, to mayntayne and defende the same, and Our Subjectes, in the Profession thereof. AND perceaving lykewyse, That in contempt of OUR PROCLAMATION at GLASGOW, the xxix of November last, they goe still on, to conveane, meete, and to make illegall and vnwarrandable Actes, WEE haue conceaved it fitting, to forewarne all Our good Subjectes, of the Daunger that they may incurre, by beeing insnared by these their vnlawfull Procedures: And, to this purpose, doe not onelie liberate and free them, from all obedience to anie of the pretended Actes made, or to bee made, at the sayde pretended Assemblie, or Committees direct therefrae: but also doe free them from all Payne and Censure which the sayde pretended Assemblie shall inflict vpon them, or anie of them: AND, THEREFORE, Doe discharge, and prohibite, all Our Subjectes, That they, nor none of them, acknowledge, or gieue obedience, to anie pretended Actes, or Constitutions, made, or to bee made, at the sayd pretended Meetinges, vnder all highest Paynes. AND, WEE commaund, charge, and inhibite, all Presbyteries, Sessions of Churches, and Ministers, within this Realme, That none of them presume, nor take vpon hand, privatelie, nor publicklie, in their Sessions and Meetings, nor in their Conferences, Sermones, nor none other manner of waye, to authorize, approue, justifie, or allowe, the sayde vnlawfull Meeting, or Assemblie, at GLASGOW, nor yet to make anie Act thereupon, nor to doe any other thing, private, or publicke, which may seeme to countenance the sayde vnlawfull Assemblie, vnder the Payne, to bee holden, reputed, and esteemed, and persued, as guiltie of that vnlawfull Meeting, and to bee punished for the same, with all Rigour. AND SUCH-LYKE, WEE commaund all and sundrie Noble-men, Barrons, Gentle-men, and Magistrates, and all others, Our Liedges, who shall happen to bee present, and heare anie Ministers, eyther in publicke or private Conferences and Speeches, or in their Sermones, to approue, and allowe, the sayde vnlawfull Assemblie, to rayle, or vtter anie speaches agaynst Our Royall Commandementes, or Proceedinges of Us, or our Counsell, for punishing or suppressing such enormities; That they make relation, and report thereof, vnto Our Counsell, and furnish probation; to the effect the same may bee accordinglie punished; as they will aunswere to US thereupon: Certifying them, who shall heare, and conceale the sayde speaches, that they shall bee esteemed as Allowers of the same, and shall accordinglie bee taken order with, and punished therefore, without favour. AND, To this effect, WEE lykewyse straytlie charge, and commaund, all Iudges whatsoever within this Realme, Clerks, and Wryters, not to graunt or passe anie Bill, Summonds, or Letters, or anie other Execution whatsoever, vpon anie Act or Deed proceeding from the sayde pretended Assemblie; AND all Keepers of the SIGNET, from signetting thereof, & that vnder all highest Paynes. AND, Because Wee gaue Order and Commaund, to Our Commissioner, to make open Proclamation, not onlie of Our Sense, but even of the true meaning of the Confession of Fayth in Anno 1580; by which it may clearlie appeare, That as Wee never intended thereby to exclude EPISCOPACIE; So by no right construction can it bee other wayes interpreted; as is more than evident by the Reasons contayned in the sayde Declaration, and manie moe, which for brevitie (the thing in it selfe beeing so cleare) are omitted. HEREFORE, WEE doe not onelie prohibite, and discharge, all Our Subjectes, from subscrybing anie band, or giving anie Writ, Subscription, or Oath, to or vpon anie Act or Deed, that proceedeth from the sayde pretended Assemblie: but also doe requyre them, Not to subscrybe nor sweare the sayd Confession, in no other sense, than which is contayned in the sayd Declaration, manifested and emitted by Our Commissioner, vnder all highest Paynes. AND, That none of Our good Subjectes, who in their duetie and bound obedience to US, shall refuse to acknowledge the sayd pretended Assemblie, or anie of the pretended Actes, Constitutions, Warrandes, or Directions, proceeding therefrae, may haue just ground of feare of danger or harme by doing hereof, WEE doe by These promise, AND, UPON THE WORD OF A KING, Obliedge Our Selues, By all the Roall Authoritie and Power wherewith GOD hath endewed US, To protect and defend them, and everie one of them, in their Persons, Fortunes, and Goods, agaynst all and whatsoever person or persons, who shall dare or presume, to call in question, trouble, or anie wayes molest them, or anie of them, therefore. AND, OUR WILL IS, And WEE commaund, and charge, That incontinent, these Our Letters seene, yee passe, and make publication heereof, by open Proclamation, at the Mercat Crosse of EDINBVRGH, and others places needfull; Where-through none pretend ignorance of the same. Given from Our Court at WHYTE-HALL, the viij day of December, and of Our Reygne the fourteenth yeare, 1638.

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1638.—December 20.
107. A Letter from the Generall Assembly at Glasgow to the Marques of Hamilton.[135]

Most Noble Lord,

Having beene witnesses of the loyall and regall proceedings at the last assembly at Glasgow, qʳ we know a humble supplication was appointed to be sent to his graceous Ma., in thankfull acknowledgement of the benefites qᶜʰ, by the indiction of that Generall Assembly, from his Ma. pietie and justice, doth redound to all his subjects, and for humble supplicating his Ma. to continow in his gracious resolution to performe his royall promise, in holding the Parliament indicted, from his owne bountie and goodnes, for ratifieing the acts and constitutions of that Assembly; as the same hath comfortablie refresched his Ma. loyall subjects, so will they be able to justifie themselves to any impartiall reader. Therefore we are bold to intreat your Lo. that, by your favour, our petition may have accesse to his Ma. royall hands, and unfolding your Lo. judgement, impartiallie to receave the simple trueth, his Ma. may have better seasoned informations of his loyall and faithfull subjects’ proceedings, then can be expected from the enemies of this Church and State, among quhom we shall be verie sorie to reckon your Lo., tho’ we have too good reason to suspect your Lo. carriage here, in opposing the most reasonable motions, and justest actions, qᶜʰ did proceed from ws, quhensoever your Lo. perceaved any of our just demands in the least measure to be any waves dissonant from his Ma. pleasure. But quhen we remember your Lo. best arguments ever to have beene more for satisfieing of his Ma. desires, (oft tymes proceeding from the Sinistrous information and Calumnies of our enemies, for their owne ends,) then any other ground or reason quhilk we could find, we are confident, as your Lordship loves both his Majesties honour, persone, and authoritie, that yow give reall proofe of it at this tyme, both by your Lordships meanes, who hes taken so great and insatiable paines in this bussinesse, his Ma. may know the trueth of our proceedings, that neither of these may run hazard in our sufferings. We acknowledge it not to be the leist of our evills, indeed, that our graceous Soveraigne lives at such distance; for, be the fountaine never so pure, the streames may, and oft tymes are, corrupted, before they can run so farr, if the channell be not verie cleane, qwhich, to our great greefe and prejudice, hes beene wanting to our actions this long tyme; and if it be not supplied tymouslie by your Lo., both out of your duetie to our King and Countrie, we may, by interposition of our adversaries malice and power, as ecclipsed from the beames of his Ma. favour, be the first sufferers. But his Ma. cannot but find his owne losse, by sympathising with his loyall subjects in the so much threatned ruine of this his native and antient Kingdome; and we will never beleive that such thought can possesse the heart of so gracious a King, But are confident, when the trueth of all out actions shall, without any by respect, (as we take God to witnesse, we had no other end but for his divine glory, and the honour of our King,) be made knowne, and pondered in the ballance of his Ma. righteous judgement, our fidelitie and loyaltie shall appeare; and his Ma. gracious dealing, in adding the Sanction of his royall auctoritie and Civill law, by Parliament, for corroborating the religious constitutions of that late and most lawfull nationall Assembly of this Kirk, will be a most evident demonstration of his Majesties pietie and justice to the discoverie of his secrete enemies, the comfort of all his loyall subjects, and his Majesties never dieing glorie; for all quhich ends, and for expressing our duetie and obedient respect to his Majestie, we could excogitat nothing more conduceable then, by that humble supplication, heartilie to acknowledge our thankfulnes for the effects of his foregone favour and bountie, and humblie to crave that his Majestie may, for establishment of religion, joyne the authoritie of Civill law, as the strongest bond of our obedience; and we hope that your Lordships affection to religion, your countrie, and your respect to his Majesties honour, and the equitie of our desires in a bussines deserving the greatest, and beseeming the best affected, instruments, will be sufficient motives to make your Lordship contribute your best endeavours for settling such a solide peace in this Kirke and Kingdome, as may preserve that love and heartie obedience dew to his Majestie; qᶜʰ is and shall be the sincear and earnest desire of

Your Lordships humble Servants.

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Report of Proceedings
OF THE
GENERAL ASSEMBLY AT GLASGOW, 1638.

Having, in the foregoing pages, given an account of the occurrences which preceded this memorable Assembly, and reprinted front the authentic edition, the principal Acts which it passed; and, having superadded thereto, an abstract of various proceedings not embraced in any copies of those Acts hitherto published, as well as an ample collection of historical documents therewith connected, we shall further add to these particulars, a detailed Report of the whole of the discussions that took place from the first meeting on 21st November to the dissolution of it on 20th December 1638.

For the valuable MS. whence this Report is taken, we are indebted to the politeness and liberality of Mr J. Smith, youngest, of Glasgow. It forms a portion of a volume of MS.S. belonging to Stirling’s Library in that city, which also contains a similar report of the proceedings in the subsequent Assembly of 1639, and various other curious documents relative to that period of the Church’s history. The hand-writing may be referred to the period of the Assembly, or the middle of the seventeenth century; and from several markings on the volume, in the handwriting of Wodrow, which is well known, it appears to have at one time formed a part of his valuable collection of historical and ecclesiastical records. The volume may be referred to as “The Folio Manuscript.” Of its subsequent history we have no information; but from all its characteristics we consider ourselves warranted to assume that it possesses a high degree of authenticity. The volume referred to is marked “Stirling’s Public Library, c. i. 11,” and in the index prefixed there are the following items:—

“Imprimis—a Collection of Petitions, Remonstrances, Narrationes, Speeches, and other peapers, published in the beginning of our troubles in 1636, out of which may be gathered a perfect historie, yʳ of—from folio 1 to 94.”

“Item—the Sessions, Actings, and Canons of the 2 Genˡˡ Assemblies holden att Glasgow & Edinburgh, the one in 1638, yᵉ oyʳ in 1639, containing att great length everie thinge that past, ather spoken or done yʳ in: This takes up till folio 312.”

It is from the record thus described that the following report is extracted.

Before the MS. which we have adopted had come into our hands, Mr David Laing, librarian of the Writers to the Signet, had kindly communicated another and similar report, but wanting several leaves both at the beginning and end; and we were in hopes ere now to have had also in our possession a third MS. belonging to Mr Simpson, schoolmaster of Corstorphine, from which Dr Aiton states he took his account of the Assembly 1638, that is given in his Life of Henderson. Circumstances, however, have occurred to prevent this; but we are enabled, on the authority of Professor Fleming, of Glasgow College, who has collated these MS.S., to say that it coincides entirely with the Stirling’s Library Copy. Mr Laing’s copy seems to have at one time belonged to Dr Boog of Paisley: Mr Simpson’s was found in the repositories of a deceased brother, who was a preacher of the Secession communion; but we have not been able to learn any further particulars than those now mentioned, with respect to the several MS.S. referred to. The one which we subjoin, however, and the other documents that we have collected, will, we trust, render the present, on the whole, the most complete account of the Glasgow Assembly which has ever yet been published.

In addition to the documents contained in the “Large Declaration,” “Burnet’s Memoires of the House of Hamilton,” and “Balfour’s Annales,” we have to acknowledge the accession which we have obtained of some of the earlier edicts of Charles I. and the Scotch Privy Council, derived from the original record—an obligation which we owe to Mr A. M‘Donald of the Register House, and which we prize the more, because these documents have been suppressed in the various works to which we refer. To the Rev. Mr M‘Crie, too, we are indebted for the use of a Collection of Documents which belonged to his distinguished father, from whence we have gleaned several important writs, the authenticity of which is established by the duplicates attested under the hand of Archibald Johnston, the Clerk of the Assembly 1638, still in the repositories of the Church.

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