20 Decembris, Sessio 27.
In this session, ther was diuersse actes past, and transportations of ministers.
Acte ordaning the generall assembley zeirlie, and oftner pro re nata; as also ordaning the nixt generall assembley to be in Edinbrughe the 3d Vedinsday of Julij, 1639.
Therafter the moderator discoursed of the worke of reformation in this kingdome, and Gods workes therein, and of the coursse and progresse of the assembley; to this same purposse spake eache of them after ane other,
| Mr Androw Ramsay, |
| Mr Dauid Dicksone, |
| Mr Robert Blaire, |
| Mr Androw Cant. |
The Earle of Argyle, also, by occasione of speeiches wich fell from the moderator, spoke to the assembley of his longe delay and bydinng out, and not ioyning to the couenanters, not (said he) for want of affection to the good causse, bot to doe more good; wich, quhen it failled, he could byde no longer oute from them with the other syde, excepte he had beine a falsse knaue. He exhorted ministers to doe ther dewtiey, and to be respectiue of authority; also the ministers to peace and vnity amongest themselues.
Therafter the moderator clossed the assembley with prayer, and singinge of the 133 psalme, wpone the 20 day of December, 1638, being Fryday, about 6 a clocke at night.
An Index of all the Principall Acts of the Assembly holden at Glasgow 1638.
1.—An Act for registring sundrie protestations betwixt the marryners, [“between the Commissioner’s Grace and the Members of the Assembly.”—Printed Acts.]
2.—An Act for the election of Mr Alxʳ Henrison to bee their Moderator.
3.—An Act for admitting Mr Archbald Johnston to bee the Clerke of the Assembly, and producing and keeping the Registers of former Assemblies which were preserved by Gods wonderfull providence.
4.—An Act of disallowing anie private conference with the Moderator.
5.—An Act ratifying the authentickness of the Registers.
6.—An Act registring his Majesties will declared by his Commission.
7.—An Act of the Assemblies Protestacon against dissolving of the Assembly.
8.—An Act annulling the 6 late Assemblies—viz., one holden at Lithgow 1606; another at Lithgow 1608; one at Glasgow 1610; one at Aberdeene 1616; one at St Andrews 1617; and one at Perth 1618; with the reasons of the nullitie of every one of them.
9.—An Act annulling the oath exacted by Prelats vpon Ministers where they are admitted into their callings.
10.—An Act deposing Mr David Michell, Minister at Edinburgh.
11.—An Act deposing Mr Alexander Gladstons, Minister at St Andrews.
12.—An Act deposing Mr John Creighton, Minister at Pewisloe.
13.—An Act deposing Mr Robʳᵗ Hamilton, Minister at Glasford.
14.—An Act deposing Mr Tho. Foster.
15.—An Act deposing Mr Wᵐ. Annand.
16.—An Act deposing Mr Tho. Mackenzie.
17.—An Act declaring the abiuring and removing the 5 Articles of Perth.
18.—An Act condemning the Service Booke.
19.—An Act condemning the Booke of Cannons.
20.—An Act condemning the Booke of Ordinacons.
21.—An Act condemning the High Commission.
22.—An Act clearing the meaning of the Confession of the Faith, Anno D ⁿⁱ. 1580, and abjuring and removing Episcopacie.
23.—An Act concerning the deposing and excommunicacon of the late pretended Archbishops of St Andrews and Glasgow, the Bishops of Edinburgh, Rosse, Galloway, Brechin, Dumblane, and Aberdeen.
24.—An Act concerning the deposicon absolutely, and excommunicacon conditionally, of the late pretended Bishops of Murray, Argyle, Orkney, Cathness, Dunkeld, and the Iles.
25.—An Act for restoring the Presbyteries, Provinciall Synods, and Generall Assemblies, to their Constitutions of Ministers and Elders, and their Powers and Jurisdictions, according as they are contained in the Booke of Policies.
26.—An Act for erecting a Presbyterie in Argyle.
27.—An Act concerning the Visitacon of Particular Churches, Schooles, and Colledges.
28.—An Act against Non-Residencie.
29.—An Act concerning the planting of Schooles in every parish.
30.—An Act directing of Presbitery Ministers how to choose their Moderators.
31.—An Act referring to the competencie of Presbiteries and Parishes.
32.—An Act concerning the Conservacon of Ministers, as in anno 1595.
33.—An Act for Presbiteries to defray the expenses of their Commissioners.
34.—An Act referring to former Acts for repressing of Poperie and Supersticon.
35.—An Act referring to Presbiteries the more frequent Celebracon of the Lords Supper.
36.—An Act against the Prophanacon of the Sabbath, for want of afternoones exercise.
37.—An Act against Salmon Fishing and Going of Milnes on the Sabbath day.
38.—An Act against Salt Panns, and such like imployments, on the Sabbath day.
39.—An Act against Markets on Mondayes and Saturdayes within Borroughs.
40.—An Act setting downe the Roll of Provinciall Assemblies.
41. An Act against those that speake or write agᵗ the lawfulnes of the Naconal Covenant, or this Assembly and the Constitucons thereof.
42.—An Act concerning the receiving the repentnance, submission, and admission into the Ministrie of any penetent prelate.
43.—An Act for excommunicating of such Ministers as disobey their sentence.
44.—An Act against the frequenting with excommunicat persones.
45.—An Act condemning Chapters, Archdeacons, Preaching Deacons, and such like Popish trash.
46.—An Act against obtruding of Pastors upon people.
47.—An Act against Marriage without Proclamacon of Bands.
48.—An Act against Funerall Services.
49.—An Act for admission of Mr Archbald Johnston to bee Advocate, and Mr Roberte Dalglassie to be Agent for the Church.
50.—An Act for transporting of Mr Alexander Henderson from Leuchers to be one of the principall Ministers of Edinburgh.
51.—An Act for transporting Mr Robert Blaire from Ayre to St Andrews.
52.—An Act transporting Mr Andrew Cant from Pitslegoe to Newbottle.
53.—An Act condemning all Civill Offices in the persons of Ministers of the Gospell, as to bee Justice of Peace, sitt in Session or Councell, or to vote or ride in Parliament.
54.—An Act for a Commission for examinacon of complaints, to sitt at Edinburgh the 26 of December next.
55.—Another Commission to sitt at Edinburgh the 22 of January next.
56.—Another Commission to sitt at Irwing the 25 of Jann. next.
57.—Another Commission to sitt at the Chancerie the 29 of Feb. next.
58.—Another Commission to sitt at Kircowbright the 9ᵗʰ of March next.
59.—An Act for the Commission to visite the Colledges of Glasgow and Aberdeen.
60.—An Act appointing the Commissioners to attend the Parliament with the Articles which they are to represent there in the name of the Church vnto the 3 Estates.
61.—An Act ordaineing the Commissioners for Presbiteries and Burroughes presently to gett under the Clerkes hands an Index and Abstract of all the Acts, to carry hame with them from the Assemblie to their severall Presbyteries and Burroughs.
62.—An Act ordaineing the Presbyteries to intymate in their severall pulpits the Assemblyes explanacon of the Confession of Faith, the Act against Episcopacie, the Act against the 5 Articles, the Act against the Service Booke, the Booke of Cannons, Booke of Ordinances, and the High Commission, the severall acts of deposicon and excommunicacon of the prelates.
63. An Act discharging all printers not to print anything concerning the Acts or the proceedings of this Assembly, or anything which concerns the Church, without a warrant under Mr Archbald Johnstons hands, as Clerk to the Assembly, and Procurator for the Church, and that vnder the paine of all ecclesiasticall censure; and this to be likewise intymated with the other Acts.
64.—An Act ordeyning the Covenant subscribed in Febʳ last to bee now againe subscribed, with the Assemblyes declaracon thereof; and this to bee also intymated by all ministers in their pulpitts.
65.—An Act dicharging all subscripcon to the Covenant subscribed by His Majestie’s Commissioner and the Lords of Councell, which is likewise to be intimated.
66.—An Act against those which are maliceous agˢᵗ this Church, or dedyners or disoeclyers of the Acts of this Assembly.
67.—An Act warranting the Moderator and Clerke to give out summons, upon lawfull complaints, against parties to appeare before the Assembly.
68.—An Act renewing the priviledges of yearly Generall Assemblies, and oftener, (pro re nata) and for appointing the third Wednesday in July next, in Edinburgh, for the next Generall Assembly.
69.—An Act that none be chosen as Ruling Elders to sitt in Presbiteries, Provinciall or Generall Assemblies, but those who subscribe the Covenant as it is now declared, and acknowledge the constitutions of this Assemblie.
70.—An Act concerning the voting of church-sessions, and tryall of Expectants.
71.—An Act for representing to the Parliament the necessitie of the standing of the Procurators place for the Church.
72.—An Act ordayning all Presbiteries to keepe a solemn thanksgiving in all parishes for Gods blessing and good successe of this Assemblie upon the first convenient Sabbath.
Extracted by mee, Mr Archbald Johnston,
Clerke to the Generall Assemblie.
Miscellaneous Historical Documents.
RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND, 1633-1638.
Having now presented to the reader the Acts and Proceedings of the General Assembly 1638, from the most authentic sources, we are now to submit a collection of illustrative historical documents, which will be found to corroborate the narrative given in the Introduction, and to throw much additional light on the period which elapsed from the coronation of King Charles I., in 1633, till the rising of the General Assembly on 20th December 1638.
It appeared to be exceedingly desirable to give a concentrated and connected view of these, in juxtaposition with the Acts of Assembly, of which they were the precursors and accompaniments; and this the more especially as, in so far as we have been able to discover, these are scattered over a variety of rare and expensive books, or unprinted records, which may be regarded as nearly inaccessible to the great bulk of the community. These are of peculiar value as explanatory of the entire chain of events during the period referred to; and they exhibit by much the most authentic record of the proceedings of all the parties concerned in these transactions; thus furnishing a body of information which cannot be found in any single or separate work on the era of which we treat. It may be proper to mention the chief sources whence these documents are derived.
1st, In 1639 a work was compiled by Dr Balcanqual, Dean of Durham, at the desire and under the auspices of King Charles I., as a vindication of the policy which he had pursued with reference to the affairs of Scotland in the previous and preceding years, and being published by Royal authority, may be considered as the King’s own statement of his case in these unhappy differences with his subjects. It is tituled—“A Large Declaration concerning the late tumults in Scotland, from their first originalls; together with a particular deduction of the seditious practices of the prime leaders of the Covenanters; collected out of their owne foule acts and writings, by which it doth plainly appeare, that Religion was onely pretended by these leaders, but nothing lesse intended by them—By the King. London: Printed by Robert Young, his Majesties Printer for Scotland, Anno Domini M.D.C.XXXIX.” From this source many of the following documents are gleaned; and although the statements and argument founded on these documents are coloured so as to serve the party whose cause it advocated, a commendable impartiality is shewn in the publication of the main acts and writs of the adversary.
2dly, The next depository whence we have drawn these documents is a work of Bishop Burnet’s:—“The Memoires of the Lives and Actions of James and William Dukes of Hamilton, &c., in which an account is given of the Rise and Progress of the Civil Wars of Scotland, &c., from the year 1625 to 1652, together with many Letters, Instructions, and other papers, written by King Charles I., never before published; all drawn out of or copied from the originals.” Printed by the Bookseller to the King. (Charles II.) 1677.
3dly, The only other authority to which it is necessary to refer particularly is:—“The Historical Works of Sir James Balfour of Denmylue and Kinnaird, Knight and Baronet, Lord Lyon King at Arms to Charles I. and Charles II., published from the original MS., in the Library of the Faculty of Advocates,” (by M. D. Haig, under Librarian,) in 1824. This, like the others referred to, is a work of high authority, and abounds with much curious and minute information.
Petition to the King from the Clergy of Scotland.
29 May 1633.
Griuances and Petitions concerning the disordered Estaite of the Reformed Kirke within this Realme of Scotland, presented vpon the 29 of Maij, 1633, by me, Master Thomas Hogge, Minister of the Euangell, in my auen name, and in name of others of the ministrie lykwayes greiued, to Sʳ Johne. Hay, Clerck of Register, to be presented by him to such as ought, according to the order appoynted, to consider them, that therafter they may be presented to his Maiesty and Estaites, wich wer to be assembled at this ensewing parliament.
The opportunity of this soleme meitting of your gratious Maiesty, and the honourable Estaits conweined in this heighe courte of parliament, and the concience of our deutey to God and the reformed kirk within this realme of Scotland, quher wee serue by our ministerey, constrains ws to present, in all humility, to your heighnes and estaites presently assembled, thosse our just griuances and resonable petitions follouing:
First, Albeit, vote in parliament was not absolutly granted to ministers, prowydit to prælacies, bot only wpon suche conditions as his heighnes, of happy memorie, and the general assemblies of the kirke should aggree vpon, wich is euident by the remitt and prouision expressed in the acte of parliament holdin at Edinbrughe, in December, 1597; and albeit the maner of ther election and admissione to the office of commissionarey, and the particular conditions and cautions to be obserued by ministers votting in parliament, in name of the kirke, after long disputation wer aggreid vpone by his Maiesty present in persone, and the generall assembley, and wer apponted by them to be insert in the bodey of the acte of parliament, wich was to be made concerning that purpois. Some ministers notwithstanding haue beine, and are admitted to vote in parliament in name of the kirke, als absolutly as if the acte of parliament did conteine no suche reference; and as if his Maiesty, with the gen: assembley, had not aggreid wpone the maner of ther election or admissione to the office, or vpone aney limitations quherby the kirk hath susteined grate hurte and preiudice in her liberties and præulidges, and especially by ther frequent transgressing the first of the conditions, altho grounded wpone the werey law of nature and nations;—that nothinge be proponid by them in parliament, counsell or conuentione in name of the kirke, without expresse warrant and direction from the kirke, vnder the paine of deposition from ther office; nather shall they keepe silence nor consent to the said conuentions to aney thing that may be præiudiciall to the libertie and weell of the kirk, vnder the said paine.
And the second, that they shall be bound at eurey gen: assembley, to giue a compte anent the discharging of their commissione, since the assemblie præceiding, and shall submitt themselues to the censure, and stand to ther determinatione quhatsoeuer, without appellatione, and shall seike and obteine ratificatione of ther doinges at the said assembley, wnder the paine of infamie and excommunicatione.
Therfor, our humble supplication is, that the executione of the actes of parliament, off materes belonging to the kirke, to wich they haue wotted in name of [the] kirke, without aney authority or allouance of the generall assemblies of the kirke, be suspendit till that the kirke be hard; and that in tyme coming ministers haue no otherwayes vote in parliament, bot according to the prouisione of the acte of parliament, and the order of ther entrie to the office of that commissionarey and limitation forsaid, aggreid one, as said is.
2. Seinge ratifications of actes and constitutions of the kirke, cannot be construed to be a benefitt or fauor to the kirke, wnlesse the ratifications passe according to the meining of the kirke, and the tennor of the saides actes and constitutions, without omission, addition or alteration of clausses, artickells or wordes of importance; and that in the ratificatione of the acte of the assembley holdin at Glasgow in Aᵒ 1610, wich past in parliament haldin at Edinbrughe, 1612, wnder the name of explanatione of sundrie clausses and artickells, wer omitted out of the same.
At the subiection of bischopes in all thinges concerning ther lyffe, conversatione, office and benefice to the censure of the gen: assembley;
The censure of bischopes, in caisse they stay the censure of excommunicatione;
The continuing of the exercisse of doctrine weeiklie;
The necessity of the testificat, and assistance of the ministrie of the boundes, for the admission of ministers, and other clauses and artickells are addit and insert, as the different degrees of archbischopes and bischopes;
The pouer of giuing colation of benefices granted to bischopes;
The disposing of benifices fallinge in ther handes jure deuoluto;
The appoynting of moderators in diocesian synodes, in caisse of ther absence, and some wordes of the othe are changed. By all wich omissions, additions and alterations, the kirk hathe susteined, and doeth susteine, grate hurte in her jurisdictione and discipline. Our humble desyre therfor is, that the kirke may be liberat from the preiudice of thosse omissions, additions and alterations of the acte foresaid.
3. Notwithstanding the generall assembleyes haue beine holdin from the tyme of reformation till the zeire 1603, at least once in the zeire or oftner, pro re nata; prouinciall synods tuysse in the zeire; weekly meittinges for exercisses and presbetries, eurey weeke, for matters to be treatted in them respectiue, and ther liberties wer ratified in parliament in Aᵒ 1592, and by that, as a most pouerfull meine, blissed be God, peace and purity of religion wer manteined: and in the assembley holdin at Glasgow, 1610, quhen commissioners, votters in parliament prowydit to prælacies, wer made lyable to the censures of the generall assembley, it was acknowledged, that the necessity of the kirke craued that ther should be zeirlie generall assemblies, and the ministers wer then assured, that liberty wold be granted vpon ther requyste, quherby they wer induced to condescend so far to the acte then made as they did; wich acte also beareth in the wercy entrey thereof, a requyste to his Maiestie, that generall assemblies may be holdin, in all tymes coming, once in the zeire, or precisely at a sett and certaine tyme; neuerthelesse the wounted libertie of holding general assemblies is suppressed; the order of the prouinciall synods confoundit; presbeteries in a grate pairt disordered and neglected, quherby diuisions haue entred into the kirke; ministers are become negligent of their callinges, and scandalous in ther liues; the godlie are heartily greiued, the weeake are scandalized; erroneous doctrine is deliured in kirkes and scooles without controlment; the commissioners votters in parliament lay untrayed and vncensured; and atheisme and poprie incresse. Our humble desyre is, therfor, that the actes of parliament made in fauors of the assemblies of the kirke, and especially the acte of parliament made at Edinbrughe in Junij, 1592, be rewissed and ratified.
4. Notwithstanding the obseruatione of fæstiuall dayes, priuat baptisme, priuat communione, Episcopall confirmatione of children, haue beine reiected by this our reformed kirke, since the begning of the reformation, and it hath beine declared by acte of parliament, in the zeire 1567, that such onlie wer to be acknouledged members of this reformed kirke, as did participat of the sacraments as they wer then rightly ministred, wich was without kneeling in the acte of receauing the sacramentall eliments of the supper, or immediat dispensing of the same to eurey communicant by the minister; and that it was statute and ordained, in the same parliament, that all Kings should giue ther othe at ther coronation, to manteine the religion then professed, and that forme of ministratione of the sacraments wich then was wssed. Neuerthelesse, pastors and people adhearing to the former professione and practisse, are nicknamed Puritans, and threttned not only without aney good varrant, bot besyde the tennor of the acte of Perths assemblie, wich contineth no stricke iniunction, and contrarey to the meining of the wotters, and to the proceidings of that assemblie, wher it was professed that non should be pressed with obedience to the acte.
Therfor, wee humblie intreat, that by ratification of the actes of parliament made befor that assemblie, and by suche wayes as shall seime good to your gratious Maiesty, and honourable estaites assembled, your Maiesties good people, pastors, and professors, may bothe be purged from suche asspertions, and may be freed from all dangers and feares wich may occurre by occasione of that acte of Perth.
5. Albeit it be determined by the generall assemblies of this our reformed kirke quhat othes ministers should take, at the tyme of ther admissione or ordination, zet ther is a new forme of othe dewised and wrged by the admitters, or ordainers wpon intrants to the ministrie, togider with subscriptione to certaine artickells dewysed by them, without direction or warrant from aney assemblie of the kirke, zea, or acte of parliament; quherby the entrey to the ministrie is shutte upon the best qualified, and others lesse able are obtruded vpone the people, to ther grate greiffe and hazard of ther soulles. Our humble petition therefor is, that suche othes and subscriptiones, wrged vpone ministers at ther entrey ore transportation, be discharged.
6. Notwithstanding ther be constitutions of the kirke, and lawes of the countrie for censuring of ministers befor the ordinarey judicatories ecclesiasticall, zet contrarie to that order, ministers are suspendit, silenced and depriued, and that for matters mearlie ecclesiastisall, before wther judicatories wich are not established by the authoritie or order of the countrie and kirke. Therefor, our humble petition is, that ministers deseruing censure, be no wtherwayes censured then the order of the kirke doeth prescriue, and that such as are otherwayes displaced, be suffred to serue in the ministrie as off befor.
The presenter attendit in Edinbrughe, to compeire, if neid wer, befor such as wer to conweene to consider the artickells and petitions wich wer giuen in to the Clercke Register; but ther no appeirance of anney such conwentione; the ministers therfor directed the said Mr Thomas Hogge to present the supplicatione follouing to his Maiesty, wich he did at Dalkeith castle, wpone the 15 day of Junij; that same day his Maiesty was [to] make his entrey into the cittey of Edinbrughe. The petitione was thus:—
This happey occasione, with stronge desyres longe waitted for by your Maiesties most humble and louing subiects, the pastors and professors of the reformed religion, within this your Maiesties kingdome of Scotland. The grate fame wich haue oftin filled our eares of your Maiesties most pious and princely inclination to religion and richteousnesse, quhence this kirke and kingdome, from ther singular intresse in your Maiesties birth and baptisme, haue resone at this tyme to looke for a comfortable influence; the bodey of this kingdome ioyning in hearte with ws, and onlie waitting for the least word from your Maiesties mouthe; the conscience wich we haue, and wich wee trust is manifest to all men, that wee ar seeking nather riches nor honor to ourselues, bot that the soume and substance of our desyres is, to procure the aduancement of the kingdome of Jesus Christe, and to see your Maᵗⁱᵉˢ flourishing estait in your kingdomes; all thesse and eache of them moue ws to intreat, in all humility, your gratious Maiestie to be fauorable to our petitions, wich we haue deliuered to the Clerck of Register, to be presented to your Maiesty and estaites of the approaching parliament, that they may be considered and receave a gratious anssuer.
His Maiesty read this petition at lenth, zet ther was no more hard of ther griuances, ather among the Lordes of the artickells, or in opin parliament, (quher nothing cometh in votting bot that wich first must passe the Lordes of the artickells,) and wsually quhat passes throughe ther handes, is concludit by the quole estaits in publick. Not only wer the griuances of the ministers suppressed, bot lykwayes all former actes concerning the complained offe corruptions In the kirke wer ratified. Howbeit, it was notoriously knowen, that most of thesse actes had wroght grate disturbance in this kirke. And now the actes of this parliament (an I haue formerly showen,) layed the fundatione of ane irreconcilable schisime, and proued afterwardes the ruine bothe of King and bischopes.[25]
1636.—October 18.
2. Letter from the King to Spottiswood, Archbishop of St Andrew’s, Lord Chancellor of Scotland, and Chancellor in Council and Session.[26]
Charles Rˣ,
Right Reuerend Father in God, &c. quher as, since our entrie to the croune, especially since our laite being in that kingdome, wee haue diuersse tymes recommendit to the archbischopes and bischopes ther, the publishing of ane publicke forme of seruice in the worschipe of God, quhilke wee wold haue vniformally obserued therin, and the same being now condescendit wpone, that wee doubte not bot all our subiects, both clergie and others, will receaue the samen with suche reuerence as aperteinethe; zet thinking it necessarey to make oure pleassure knowen tuoching the authorisinge the booke therof, we requyre you to command, by opin proclamatione, all our subiectes, both ecclesiasticall and ciuill, to conforme themselues in the practisse therof, it being the onlie forme of worschipe quhilk wee, hauing takin the counsaill of our cleargie, thinke fitt to be wssed in Gods publicke worschipe ther. As also, we requyre you to inioyne all archbischopes, bischopes and wthers, presbiters and churchemen, to take caire the samen be deulie obserued, and the contraweiners condinglie censured and punished, and to giue order that eurey paroche procure to themselues, within suche ane space as you shall be pleassed to appoynt, tuo at the least of the saides bookes of comon prayer for the wsse of the said paroche, quherin ze will doe ws most acceptable seruice; and for the quhilk thesse presents shall be your warrant. Wee bid you fairweell, from our courte at Newuarke, 18 Octobris, 1636.
1636.—December 20.
3. Act anent the Seruice Booke.[27]
Apud Edinburgh, 20 Decembris 1636. Sederunt.
| Chancellor. | Angus. | Clerk-Regʳ. |
| Thesaurer. | Binning. | Advocat. |
| Glasgow. | Napier. | Justice-Clerk. |
| Dumfrees. | Depute Treasʳ. |
Forsamekle as the King’s Maiestie euer since his entrie to the imperiall goverment of this his ancient Kingdome, especiallie since his late being their, hes diverse times recommendit to the Archbishops and Bishops their, the publishing of a publict forme of service in the worship of God, whiche his Maiestie would haue vniformelie observed in this kingdome; and the same being now condescended upon, although his Maiestie doubts not bot all his Maiesties subjects both clergie and others, will receave the said publict forme of seruice with such reuerence as appertaineth; butt his Maiestie thinking it necessair to make his pleasure knowen twiching the authorizing the booke thairof; Therefore the Lords of his Maiesties Privie Counsell, according to his Maiesties speciall warrand and direction, ordains letters to be direct, to command and charge all his Maiesties subjects, both ecclesiasticall and civill, be open proclamation at the Mercat Croses of the heid burrowes of this kingdome and other places needfull, to conforme themselffs to the said publict forme, qˡᵏ is the onlie forme qˡᵏ his Maiestie, having takin the Counsell of his Cleargie, thinkes fitt to be used in Gods publict worship heir: Commanding heirby, all Archbishops and bishops, and others presbyters and churchemen, to take a speciall care, that the said publict forme of worship be dewlie obserued and obeyed, and the contraveaners condinglie censured and punished, and to have a speciall care that euerie Parish betwixt and pasche next, procure unto thameselffs twa at the least of the saids bookes of Common Prayer, for the use of the Parish.
Followes his Maiesties Missive for warrant of the Act abouwritten.
CHARLES Rˣ.
Right Reuerend father in God, right trustie and weill belouit Cousins and Counsellors, right trustie and trustie and belouit Counsellors, We greit you weill. Whereas since our entrie to the crowne, especiallie since our late being in that Kingdome, we have diuerse times recommended to the Archbishops and bishops there, the publishing of a publict forme of seruice in the worship of God, whiche we would haue vniformelie obserued therein; and the same being now condescended vpon, thogh we doubt not bot all our subjects, both clergie and others, will receaue the same with such reuerence as appertaineth: yitt thinking it necessarie to make our pleasure knowne, tuiching the authorizing of the booke thaireof, We require you to command, by opin proclamation, all our subjects, both ecclesiasticall and cevill, to conforme thamselffes in the practise thairof, It being the onlie forme which We, having takin the Counsell of our Clergie, thinke fitt to be used in God’s publict worship there; as alsua we require you to injoyne all Archbishops and Bishops, and other Presbyters and churchemen, to take care, that the same be dewlie obeyed, and the contraueaners condignlie censured and punished, and to take order that euerie parish procure to thameselffes, within such a space as yow shall thinke fitt to appoint, two at least of the saids bookes of Common Prayer for the use of the Parish; wherein you will doe us most acceptable seruice, and for which these shall be your warrant. We bid yow farewell, from our Court at New Mercat, 12 of October 1636.
1637.—March 14.
4. Act of Council anent the new Psalmes.[28]
| Apud Edinburgh 14 Martii 1637.—Sederunt. | ||
|---|---|---|
| Chancellor. | Dumfreis. | B. Brechin. |
| Thesaurer. | L. Bining. | L. Naper. |
| B. Glasgow. | L. Alexander. | Clᵏ Regʳ. |
| Mar. | B. Gallaway. | Advocat. |
| Winton. | B. Aberdene. | Justice. |
| Seafort. | B. Ros. | Justice-Clerk. |
Forsamekle as the late Psalmes have, by authoritie of the King his Maiestie, and the clergie of this kingdome, bene altered, revysed, and approvin, so that now his Maiestie, according to his pleasure, formerlie signified, for receaving of the said Psalmes, is fully resolved to have that warke goe on for the good of the church and memorie of the author; Therefore the Lords of Privie Counsell, according to his Maiesties expresse will and pleasure signified unto thame be writt, hes discharged, and, be the tennor of this present act, discharges all farder impression of the old psalmes, as alsua the inbringing of the same from England or ellis wyes, to the intent the new psalmes may be imprinted and generallie receaved and sung in all the churches of this kingdome. And the said Lords hes recommendit, and be the tennor heirof recommends to the Archbishop of St Andrewes, Lord High-Chancellor of this kingdome, to call before him, or before the Provest and Bailleis of burrowis, the whole printers and stationers within this kingdome, and all others whome this mater may concerne, and to intimat unto thame, this present act and ordinance, and to require thame and everie ane of thame, to conforme thameselffes and give obedience thereanent, under the paine of confiscation of the whole bookes which sall be prented or imported agains the tennor of this act, and ordines letters of publication to be direct thereupon, if neid beis, in forme as effeirs.
Followes his Majesties Commission for warrant of the act abouewritten.
Charles Rˣ.
Right reuerend father in God, &c. Whereas the late psalmes haue, by authoritie from us and the Clergie of both Kingdomes beene altered reuised and approved, We now, according to our pleasure formerlie signified for receaving thame in the church of that Kingdome, being fully resolved to cause that work goe on for the churches good and the authors memorie; It is our expresse will and pleasure, that according as you sall thinke fitt, you suffer no further impression to be made of the old psalmes, and that yow give such orders as yow sall find necessarie and which is in yower power, for printing and receaving of the new, to be generallie receaved and sung, in all the churches of this said Kingdome; and to that effect that yow give to our clairgie, (to whome we have written at length twiching the same) what strenth and authoritie you sall finde necessarie and can be grantit by yow, Quherein expecting frome you a readie performance, both by yowr owne good example and otherwayes, whereby we may finde the effects of your paines and affection to our forme, in this, whereof we will take as most acceptable service done unto us, and for whiche, these presents sall be your warrant. We bid yow farewell, from our Court at Whitehall, the 3 of Februarie 1637.
1637.—June 13.
5. Act anent Seruice bookes.[29]
Forsamekle, as by act and proclamation, made and published heretofore, it was commandit and ordained, that everie Presbyterie within this kingdome should have had a care that their parochinies sould have beene furnished and provydit, betwixt and pasche last, with twa of the buikes appointed to be universallie receaued throughout this kingdome, for the publict forme of Service in the worship of God, as in the act and proclamation made to this effect at lenth is conteinit. Quhairunto, altho’ great numbers of the ministrie of best learning and soundest judgement and gifts, hes given dewtiefull obedience, and hes conformed thameselffes to his Maiesties royall will and pleasure in this point, yitt there is some others of the ministrie who, out of curiositie and singularitie, refuse to receaue and embrace the said booke, and does what in thame lyes to foster and enterteyny destractioun and troubles in the Kirk, to the disturbing of the publict peace thereof, without remeid be provydit; Thairfore, the saids Lords ordains this to be direct, charging the whole Presbyters and Ministeris within this kingdome, That they and euery ane of thaime provide and furnishe themselffes, for the use of thair Parishes, with twa of the saids bookes of publict formes, or commoun prayer, within fyfteine dayes next after the charge, vnder the paine of rebellion and putting of thaime to the horne; and if they faillie, to denunce, &c. and to escheet, &c.
1637—July 28.
6. Act anent Seruice Bookes.[30]
Apud Edinburgh, 28 July 1637.
| Chancellor. | Dumfries. | B. Ros. |
| Thesaurer. | L. Lorne. | B. Brechin. |
| Glasgow. | L. Alexander. | L. Deskford. |
| Priuie Seale. | B. Edinburgh. | L. Naper. |
| Winton. | B. Gallaway. | Clerk-Regʳ. |
| Wigton. | B. Aberdeen. | Justice-Genᵃˡˡ. |
| Kinghorne. | B. Murray. | Deputie-Treasʳ. |
The Court of Secret Counsell having heard the Prouest and Bailleis of Edʳ tuiching the proposition made be thaime, and course takin conforme thereto, for a peaceable exercise of the service-booke, and securitie of the personis imployed, or who sall be present and assist at the pratise thairof; the Lords ordains the Provest and bailleis to advyse amongs thaimselffs anent ane obligatorie act to be given be the toun for the reall performance there, so that they sall undertake in the bussines aboue mentioned, and allowes thaime to publishe, by touck of drwm, the ordars to be established be thame for keeping of thair toune in peace and quyetnes, and preventing of all trouble and commotioun within the same.
1637.—July 29.
7. The Clergies’ Report anent the Seruice Booke.[31]
Apud Edʳ 29 July 1637, in the Chanʳˢ loodging—Sederunt.
| Chanʳ. | Kirghome. | L. Deskford. |
| Theasʳ. | L. Alexʳ. | Clᵏ Regʳ. |
| Priuie Seal. | B. Gallaway. | Justice-Generall. |
| Glasgow. | B. Abᵈ. | Blackhall. |
| Wintown. | B. Brechine. |
The whilk day the Archbishop of Sᵗ Andrewes, Lord High Chanʳ of this kingdome, for himselfe and in name of the remanent bishops, reported to the Counsell, That, in regaird of the late trouble and insurrection raised upon Sunday last, for opposing the service-booke, and upon new emergent occasions and considerable respects, It was thought fitt and expedient be thaime, that there should be a surcease of the service-booke till his Maiestie sould signifie his pleasure twiching the redresse and punishment of the authors and actors of that disorderlie tumult, and that a course be sett down for the peaceable exercise thairof, to the glorie of God, his Maiesties honour, and the good of this Citie; and in the meane time, to the effect his Maiesties good and loyall subjects be not defrauded of the comfort of the word, the saids bishops had appointed and given order that, in the whole churches of this Citie, sermon sall be made at the accustomed times, by regular and obedient Ministers, and that a prayer sall be made before and after sermon, and that neither the old seruice nor the new established seruice, be vsed in this interim: Whiche report and conclusion, takin be the saids bishops being heard be the Counsell, they remitted to thaime to doe therein according to the power incumbent unto thame in the dewtie of thair office.
1637.—August 4.
8. His Maiesties Missive anent the uproare.[32]
Apud Edinburgh, 4 August 1637—Sederunt.
| Chancellor. | Ammondaill. | B. Brechin. |
| Theasurer. | Dumfries. | Clerk Regʳ. |
| Glasgow. | Southesk. | Justice-Generall. |
| Priuie Seale. | L. Lorne. | Depute-Treasʳ. |
| Winton. | L. Alexander. | Aduocat. |
| Wigton. | B. Edinburgh. | S.R. Gordon. |
| Kinghorne. | B. Gallaway. |
The whilk day, the Missive Letter underwrittin, signed be the Kings Maiestie, and produceit to the Lords of Priuie Counsell, was presented to the saids lords, and read in thair audience, of the qˡᵏ the tennor followes: Charles R. Right reverend father in God, and right trustie and weil-belouit cousines and counsellors, and right trustie and weilbelouit Counselors, and weil-belouit, We greit yow weill. Having vnderstood that, in the churche upon Sunday last, when the forme of divine seruice appointed to be receaued was begun to be read in the churche, a number of rude and base people, did rise and behave thaimselffes in a most tumultuarie manner, both within and without the churche, as We doe not doubt, but hath beene particularlie made knowne to yow all, whiche is so barbarous, disorderlie, and evil, both in it selfe, and by the example, that it doeth deserve to be severelie punished: It is our pleasure, that yow use yowr best endeavours to examine, who ar authors or actors in that mutenie, and that yow faile not to punishe them that sall be found guiltie thairof, as yow sall find thaime to deserve; and lykeways that you communicat with the clergie, by strengthening thaime in that whiche our authoritie conferred upon yow, may contribute unto thaime for setling the said forme of divine service, both in the said toun and other parts, as they frome time to time sall require your helpe, which we verie speciallie expect frome yow, and so doe bid yow heartilie farewell, frome our Mannor at Oatland, the 30 of July 1637. Whilk Missive being read, heard, and considered be the saids Lords, and they advised therewith, the Lords of Secret Counsell ordains the persons who ar delate guiltie of the said mutinie, to be putt to the tryall and punishment.
1637.—August 5.
9. Act anent Seruice Bookes.[33]
Apud Edinburgh 5. Augusti 1637. Sederunt.
| Chancellor. | Dumfries. | Clerk-Regʳ. |
| Thesaurer. | L. Alexander. | Justice-Genᵃˡˡ. |
| Glasgow. | B. Edinburgh. | Deputie Treʳ. |
| Priuie Seale. | B. Gallaway. | Aduocat. |
| Wintown. | B. Brechin. | S. R. Gordoun. |
| Amondaill. |
The qˡᵏ day the lords of the clergie hauing remonstrat to the lords of Priuie Counsell, That for the glorie of God and more decent performance of his divine seruice, and for securing the persons to be imployed for officiating the same, That the toun Counsell of Edinburgh attend upon and meit with the Bishop of Edʳ, and conferre and resolue with them anent the conveniencie of time when the service shall begin, and what the assurance to be giuen be thaim for indemnitie which these who sall be imployed in the service; and, in the meane time, that the ministers sall preache in the subsequent weeke upon the ordinar dayes, without service, and choose pertinent texts for disposall of the peoples myndes to ane heartie embracement of the service booke, and for cleering and removall of all prejudices and mistakes that may be conceaved upon or concerning the saids bookes: Which proposition being considert be the saids Lords, and they finding thaire desire to be reasonable, and being willing to contribute thair best assistance for strenthening the clergie to settle the service booke, The Lords allows of their proposition, and accordinglie ordains the provest and bailleis of Edinʳ to meet with the Bishop of Edinʳ, and to joyne and concurre with him in all and euerie thing that may concerne the provyding of readers for the same, and preparing of all things necessar and belonging thereto, and that they give assurance for indemnitie of the Church ministers, and peaceable behaviour of the inhabitants within thair citie: Quhilks intimation wes made to Andro Ainslie and Johne Smith, bailleis of Edinburgh, whame the Lords required to signifie their ordinance to the toun Counsell, and to make report to the Bishop of Edinʳ of thair diligence, and what thay will undertake and be ansrable for with all convenience.
The Lords of Secret Counsell having heard the request of the most pairt of the clergie present, that the service bookes cannot be orderlie usit in the Kirks of Edinʳ the morne, the saxt of this instant, for want of a sufficient number of readers to officiat the same, and others difficulties attending therein, and that the same cannot convenientlie be done before Sunday come eight dayes; and the said Lords of the Clergie having lykewise declared that they have resolved that the said service shall begin upon Sunday come eight dayes, and from thenceforth continew, and, withall, having desired that the toun Councill of Edʳ be callit and order given to thame for the peaceable exercise of the said seruice booke, and that the said Lords would interpone their authoritie thairto; Which, being heard and considerit be the said Lords, they allowed of the course taken be the clergie, and interponed and interpons their authoritie to the same, and accordinglie callit for Andro Ainslie and Johne Smith, bailleis of Edʳ, whome they required to signifie this their ordinance to the Toun Counsell of Edinʳ, and to see the dew performance and obedience of the same.
1637.—August 25.
10. Extract Bill of Suspension for Alex. Henderson and Others.[34]
The 3 ministers that wer charged with thesse letters, wer Mr Alexander Hendersone, minister of Leuchers; Mr James Bruce, minister at Kingesbarnnes; and Mr George Hamiltone, minister at Newbirne. They for themselues, and in name of the remanent ministers of the kingdome, did suplicat, in all humility, the Lordes to grant to them a suspensione of the said charge, for thesse followinge reassons:—
First, Becausse the said seruice booke is not warranted by the authority of the generall assemblies, wich is the representatiue kirke of this kingdome, and hath euer since the reformatione giuen directione in matters of Gods worschipe, nor be aney acte of parliament (wich in thinges of this kynd) hath euer beine thought necessarey by his Majesty and estaites.
Secondlie, Becausse the liberties of the trew kirke, and the forme of worschipe and religion receaued at the reformatione, and vniwersally practissed sinsyne, is varranted by actes of generall assemblies, and diuersse actes of parliament, 1567, and of the lait parliament, 1633.
Thridlie, The kirke of Scotland is ane independent kirke, and her auen pastors should be most able to decerne and directe quhat doe best seime our mesour of reformatione, and quhat may serue most for the good of the people.
Fourtlie, It is not wnknowen to your Lordschipes, quhat disputing, diuisione and trouble, hath beine in this kirke aboute some few of the maney ceremonies contined in this booke, wich being examined, as wee shall be redey at a competent tyme assigned by your Lordschipes to shaw, will be found to depairt far from the worschipe and reformatione of this kirke, and in poyntes most materiall for the kirke of Rome, for hir hierarchie and doctrine, superstitione and idolatrie in worschipe, tyranie in gouerniment and in wickednesse, eurey way als antechristian now, as quhen it cam out of her.
Fyftlie, The people hath beine otherwayes taught by ws, and our prædicessors in our places, euer since the reformatione; and so it lickly they will be found, wnwilling to the change quheneuer they be assayed, euen quhen ther pastors are willinge, in respecte quherof the saides letters of horneinge, haill effecte and executione, aught to be simpliciter suspendit in tyme coming.
Deliverance thereon by Council.[35]
The Lords of secret counsaile, wnderstanding that ther hes beine a grate mistaking in the letters and charges giuen out wpone the acte of counsaell made anent the buying of the seruice bookes, The said Lords for removing and clearing of all such simplie declares, that the saide acte and letters extend allainerlie to the buying of the said bookes, and no further. Giuen at Edinbrughe, 25 of Aguste, 1637.
1637.—August 25.
11. Letter from the Privy Council to the King.[36]
Most sacred Souerainge,
According to the warrand of your Maᵗⁱᵉˢ commandiment, wee haue beine most willing and redey to giue all concurrence and assistance to the Lordes of the clergie for the establishing of the seruice booke; and notwithstanding of that barbarous tumulte, occasioned alenerlie (for aney thing wee can learne) as zet, by a nomber of basse and rascally people, wee wer werey hopefull that in a shorte tyme, without aney furder trouble ore importunity to your Maiesty, to haue brought to practisse, by hauing appoynted a meitting of counsaill wpone the 25 of Aguste instant, in this extraordinarey tyme of vacance, expresly to thinke wpone the best expediencies for aduancing that seruice booke, wee fand ourselues far surpryssed by our expectation with the clamor and feares of your Maiesties subiects, from diuersse pairts and corners of the kingdome; and that euen from thesse quho hes hertofor otherwayes liued in obedience and conformitey to your Maiesties lawes, both in ecclesiasticall and ciuill bussines. And this wee fand to be ane matter of so heighe ane consequences, in respecte of the generall grudge and murmur of all sortes of people, for wrging of the practisse of the seruice booke, as the lyke has not beine hard at aney tyme; zet wee dar not delay it, nor conceile it from your Maiesty, not knowing quherwnto the samen may tend, and quhat effecte it may produce. Nather dare wee diue aney furder in the trayell of the causse of the saides feares and remedies thereof, vntill it shall pleis your Maiestie, in the deipnes of your judgement and royall wnderstanding, to prescryue the way, after heiring of all particulars, ather by calling some of your Maᵗⁱᵉˢ counsaile, or Lordes of the clergie, to your Maiesties auen presence; to the effecte that ane coursse may be takin for pacefing the present commotione, and establishing the said seruice booke, or otherwayes by such meines as your Maiesty, in your auen grate wisdome, shall thinke fitting. And wee haue appoynted the 20 of September for attending your Maiesties pleasur theranent, quhilke wee humbley, as becomes faithfull subiectes, and thosse quhom your Maiestiy hes honored with your royall commandiments, will follow and obey; and so, with all our most humble prayers for your Maiesties longe and prosperous rainge, wee humblie kisse your royall handes, from Edinbrughe, 25 of Aguste, 1637.
| Traqhaire, | St Andrewes, | |
| Roxbrughe, | Morton, | |
| Perth, | Vigtone, | |
| Lauderdaill, | Southescke, | |
| Alexander, | ||
| Naper, | ||
| Da: Edinbrughe, | ||
| Tho: Galloway, | ||
| Jo: Hay, | Ja: Carmichell, | |
| Thomas Hope, | ||
| Jo: Hamilton. | ||
1637.—August 27.
12. Traquair’s Letter to the Marquis of Hamilton.[37]
My Noble Lord,
At the meeting of the Council here at Edinburgh the 23th of this instant, we found so much appearance of Trouble and Stir like to be amongst people of all qualities and degrees, upon the urging of this new Service-book, that we durst no longer forbear to acquaint his Majesty therewith, and humbly to represent both our Fears, and our opinions how to prevent the Danger; at least our opinions of the way we would wish His Majesty should keep therein, or before he determine what course to take for pacifying of the present Stir, or establishing of the Service-book hereafter; wherein all I will presume to adde to what the Council hath written, is to intreat your Lordship to recommend to his Majesty, that if he be pleased to call to himself any of the Clergie, he would make choice of some of them, of the wisest and most calm Dispositions; for certainly some of the leading men amongst them are so violent and forward, and many times without ground or true judgment, that their want of right understanding how to compass business of this nature and weight, does often breed us many difficulties, and their rash and foolish Expressions, and sometimes Attempts, both in private and publick, have bred such a Fear and Jealousie in the hearts of many, that I am confident, if His Majesty were rightly informed thereof, he would blame them, and justly think, that from this and the like proceedings arises the ground of many Mistakes amongst us. They complain that the former Ages have taken from them many of their Rents, have robb’d them of their Power and Jurisdiction, and even in the Church itself and Form of Gods Worship have brought in some things that require Reformation: but as the deeds of these Times, at least the beginnings thereof, were full of notour and tumultuary disorder, so shall I never think it will prove for the good either of Gods Service or the Kings, by the same ways or manner of dealing to press to rectifie what was then done amiss. We have a wise and judicious Master, who will (nor can) urge nothing in this poor Kingdom, which may not be brought to pass to his contentment: and I am most confident, if he shall be graciously pleased to hear his faithful Servants inform him of the Truth, he shall direct that which is just and right; and with the same assurance I dare promise him Obedience. The interest your Lordship has in this poor Kingdom, but more particularly the duty you owe to His Majesty, and the true respect I know you have ever carried to His Majesties Honour, and the good of his Service, makes me thus bold to acquaint your Lordship with this business, which in good faith is by the folly and misgovernment of some of our Clergie-men come to that height, that the like has not been seen in this kingdom for a long time. But I hope your Lordship will take in good part my true meaning, and ever construct favourably the actions of
Your loving faithful Friend, and
humble Servant,
Traquair.
Edinburgh, Aug. 27.
1637.—September 10.
13. Letter from the King to the Privy Council.[38]
Charles Rˣ,
Rᵗ trustie and weill beloued, &c. Wee have considered your letter, and wee find that our former directions haue produced werey shallow effectes; nather doe you heirby propone aney new expedient, bot onlie you desyre some of the clergie and layitie should be send for to deall with ws therin, wiche wee conceaue not to be fitt; and by a neidlesse noysse make it appeire, that ather wee have a werey slacke counsaill, ore bad subiects, wich wee will neuer beleiue, hauing had so good a prouffe of ther affectione heirtofor; bot rather wills, that a sufficient number of you attend still at Edinbrughe, or neir thereabout, during the vaccance tyme, till the seruice booke be settled. And wee are not weill satisfied nather with you nor our citty of Edinbrughe, that after the seruice wes read wpon the Sunday afternoone, it should haue beine intermitted immediately therafter, and that no delinquents that wer actores and accessories to that insolence and ryotte committed in the tumult that day, wer aney wayes censured, for terrifeinng of others from attempting the lyke; and it doeth lykwayes seime werey strange wnto ws, that the ministers of Edinbrughe hauing offred to begin the reeding of the seruice booke, prowyding they were secured from iniurey, and releiued by our said cittey of the said charge within a mounthe therafter, that the said offer was not accepted and performed; and it is our pleasure that euery bischope causse reid the said seruice booke within his auen dyocie, as the Bischopes of Rosse and Dumblaine haue alredy done. As lykwayes you causse warne our burrowes particularlie, that none of them make choysse of any magistrats, but suche as they will anssuer for ther conformity. So expectinge that you will extend the vttermost of your endewors, by doing quhat is necessarey, and preuenting aney inconwenient that may occur, that wee may haue a good compte with diligence, wee bid you fairweill from our courte at Ottlandes, 10 Septem: 1637.
1637.—September 20.
14. Act of Privy Council.[39]
Apud Edinbrughe, 20 Sept. 1637.
The quhilk day, the Lordes of secrett counsaill hauing hard and considered his Maiesties missiue and directione to them, concerning the seruice booke, the saides Lordes, for satisfaction of his royall pleasure signified therein, nominatts, appoynts and ordaines the Lord Chanceler, Thesaurer, the Earles of Vinton, Vigton, Southescke, the Bischopes of Edinbrughe and Galloway, the Clercke Register, Iustice Generall, Thesaurer Depute, Kinges Aduocat, Iustice Clerck, the Laird of Blackhall, ore aney seuin of them; the Lord Chanceler and Lord Thesaurer alwayes being tuo, not excluding aney of the 10, quho shall be pleased to be present, to attend ore resorte heir in this vaccance tyme, for performance of quhat his Maiesty, by his said letter, hes committed to our caire; lykwayes the Lordes suspendes to giue anssuer to ther petitione, giuen in this daye be noblemen, barons, ministers, burroughes and comons, aganist the seruice booke, wntil his Maiestie, after dew consideratione of the same shall signifie his gratious pleasure thereanent, wherewith the saides petitioners shall be tymeously acquainted; and quherof mentione was judicially made to the Earles of Sutherland and Wymes, in name of the rest of the petitioners, and for themselues. And wheras the Duck of Lennox, his Grace, has beine ane eare and eye wittnes to all that was moued or treatted off in consaile concerning that matter, and quho is presently to repaire to his Maiesties royall courte; the saides Lordes intreattes the Duckes Grace to remonstratt to his Maiestie the trew estait of the bussines, with the maney pressing difficulties occuring therin; and to sollicit his Maᵗⁱᵉˢ gratious resolution theranent; for wiche ordaines tuo or three of the pryme persones, wich the counsaile shall make choysse offe, with a roll and list of the rest, to be deliuered to the Duckes Grace, to be represented by him to his Maiesty at his fitting conuenience. Extractum, &c. sic subscribitur.
Ja: Prymrose.
1637.—October 9.
15. Letter from the King to the Privy Council.[40]
Charles Rˣ,
Rᵗ Reuerend Father in God, &c. Wee greett you weeill. Wee haue seine the letter and petitions ze sent ws therwith, wiche wee thinke not fitt to ansuer at this tyme, bot will doe it quhen wee shall thinke fitt; and becausse wee are not resolued for the present quhen to doe it, wee command you to dissolue the meitting of this counsaile day, in so far as it does concerne this bussines; commanding them to repaire to ther auen duellings, wnder paine of horning, excepte such persons as shall make knowen to you just causse of stay, for ther particular affaires; and it is our furder pleasur, that you take especiall caire, and wsse your best endeuors, to find out and punishe the steires wpe of the lait tumulte at Edinbrughe and Glasgow; and so we bid you hartly fairweell, from our housse of Hampton Courte, 9 of October, 1637.
1637.—October 17.
16, 17, 18. Acts of Council.[41]
Apud Edinburgh 17. Octob. 1637.
Forasmuch as it hath pleased the Kings Majestie, upon divers good respects and considerations, to give warrant and direction to the Lords of his Majesties Privie Councell, for dissolving the meeting of this Councell day, in so farre as concerneth matters of the Church: And that everie one that hath come to attend this businesse, repaire to their owne dwellings, except such persons as shall make knowne to the said Lords of Councell just cause of stay for their particular affaires; Therefore the said Lords, according to his Majesties speciall warrant and direction sent unto them, have dissolved, and by the tenour hereof doe dissolve the meeting of this Councell day, in so farre as concernes the businesse above written; And ordaines a Maissar of Councell to passe to the Mercate Crosse of Edinburgh, and to make publication hereof; And to command everie one that hath come hither to attend this businesse, to repaire home to their owne dwellings within 24. houres after the publication hereof, except such persons as shall make knowne to the said Lords just cause of their further particular affaires in manner aforesaid, under the paine of Rebellion, and putting of them to the Horne; with certification to them, that if they faile they shall be denounced Rebels, and be put to the Horn, and all their moveable goods escheat to his Majesties use.
Apud Edinburgh 17. Octob. 1637.
Forasmuch as it hath pleased the Kings Majestie, upon divers great and good considerations knowne to his Majestie, to remove his Councell and Session from the Citie of Edinburgh to the Burgh of Dundie: And whereas it is inconvenient at this time to remove it so farre, his Majestie is graciously pleased that this next Session shall be holden at the Burgh of Linlithgow, and the next after the ordinarie vacants at the Burgh of Dundie: And there to remaine during his Majesties pleasure: And therefore the said Lords, according to his Majesties speciall direction, ordaines Maissars or Officers of Armes to passe and make publication hereof to all his Majesties good subjects by open Proclamation at all places needfull, whereby they can pretend no ignorance thereof, but may prepare themselves to attend at Linlithgow and Dundie accordingly.
Apud Edinburgh, Octob. 17. 1637.
Forasmuch as the Kings Majestie is credibly informed, that there is a certaine booke intituled, A Dispute against the English Popish Ceremonies, obtruded upon the Kirke of Scotland, and hath beene sent abroad and dispersed in this Kingdome, purposely to stirre the hearts and affections of the subjects from their due obedience and allegence: And therefore it hath pleased his Majestie to give order and direction to his Councell, that diligent inquirie and search be made for the said booke; And for this effect the said Lords ordaines letters to be directed to make intimation and publication to all his Majesties subjects, that such of them as have anie of the said bookes, bring in the same to the Lords of his Majesties Privie Councell betwixt the date of this Proclamation and the __________ day of ______________ And the said bookes being brought in, that the same be publikely burnt, certifying all his Majesties subjects if any of those bookes shall be found or knowne to have beene with any of them after the time aforesaid, that they shall incurre the like censure and punishment as the Authour may be found to deserve for any thing contained in that booke.
1637.—October 18.
19. Act of Council.[42]
At Haly-rud-house the 18 of Octob. 1637.
Forasmuch as a number of the Lords of his Majesties Privie Councell, as likewise the Towne Councell of Edinburgh, being this day conveened in their severall Judicatories for his Majesties speciall affaires and service, they were most rudely interrupted in the course of their proceedings, by a tumultuous gathering of the promiscuous and vulgar multitude, by whom his Majesties Councell and servants in an open way was shamefully environed: Which being a matter verie disgracefull to his Majesties Authoritie and lawfull Government, and which in the consequence thereof may produce dangerous effects, if the like bee not prevented in the time to come; Therefore the Lords of Secret Councell, according to the dutie of their place and charge incumbent unto them, Ordaines a Maissar of Councell to passe to the Mercate Crosse of Edinburgh, and there by open Proclamation to discharge all publike gatherings and convocations of his Majesties subjects within the Citie of Edinburgh, and upon the streets thereof; As likewise all private meetings tending to faction and tumult: And in his Majesties name and authoritie, to command and charge all his Majesties lieges and inhabitants within the said Citie, to containe themselves in peace and quietnesse; And for that effect to keepe their houses, except when their lawfull businesse doth otherwise call them, Under all highest paine and charge that by rigour of law can be inflicted upon the contraveeners of the premises in manner above expressed.
1637.—October 18.
20. Petition of the Men, Women, Children, and Servants of Edinburgh to the Lord Chancellor, against the Service Book.[43]
My Lord Chancellour,
Unto your Lordship humbly shewes, we, men, women, and children, and servants, indwellers within the Burgh of Edinburgh: That whereas we being urged with this Book of Service, and having considered the same, We finde many things therein so farre different from that forme of Gods publike worship universally received and professed within this Kingdome: And we Burgesses, being at our entrie and admission deeply sworne for the maintenance thereof, that now makes our hearts to tremble, and our weak consciences will not suffer us to imbrace and practise this urged Service: We have this long time past, winked at some former alterations, being put in hope that no further novations should follow. But now we being oppressed, with our just feares to see our selves deprived of that libertie in serving God which ever hath beene approved by Church and Kingdome: In place whereof we are now like to be constrained to imbrace another, which hath neither been agitated nor received either by generall Assemblie or Parliament: In such extremitie we are most humbly to supplicate your Lordship to consider our present estate, and that this businesse is a matter of so great weight and consequence as should not appeare to bee a needlesse noyse of simple women, but it is the absolute desire of all our hearts for preservation of true Religion amongst us, which is dearer to us than either estate or life: And therefore we do humbly crave, that as the rest of the Kingdome, so we may have a time to advise, and that your Lordship may find out some way whereby we may be delivered from the feare of this and all other innovations of this kinde, and have the happinesse to injoy the true Religion, as it hath beene by the great mercie of God reformed in this land, and authorised by his Majestie, who may long and prosperously Reigne over us: And your Lordships answer.
1637.—October 18.
21. Petition of the Noblemen, Gentrie, Ministers, Burgesses, and Commons to the Council against the Service Book and Book of Canons.[44]
My Lords of Secret Councell,
Unto your Lordships humbly shews; We Noblemen, Barons, Ministers, Burgesses, and Commons; That whereas we were in humble and quiet manner attending a gracious answer of our former supplications against the Service Book imposed upon us, and readie to shew the great inconveniences which upon the introduction thereof must ensue, we are, without any knowne desert, farre by our expectation, surprised and charged by publike Proclamation to depart out of the town within twentie foure houres thereafter, under paine of Rebellion; by which peremptorie and unusuall charge, out feares of a more severe and strict course of proceeding are augmented, and course of our supplication interrupted: wherefore we are constrained, out of the deep griefe of our hearts, humbly to remonstrate, that whereas the Arch-bishops and Bishops of this Realme, being intrusted by his Majestie with the government of the affaires of the Church of Scotland, have drawne up and set forth, and caused to be drawne up and set forth, and injoyned upon the subjects two Books; In the one whereof, called the Book of Common prayer, not onely are sowne the seeds of divers Superstitions, Idolatrie, and false doctrine, contrarie to the true Religion established within this Realme by divers Acts of Parliament; But also the Service Booke of England is abused, especially in the matter of Communion, by additions, subtractions, interchanging of words and sentences, falsifying of titles, and misplacing of Collects, to the disadvantage of Reformation, as the Romish Masse is, in the more substantiall points, made up therein, as we offer to instruct in time and place convenient, quite contrarie unto and for reversing the gracious intention of the blessed Reformers of Religion in England. In the other book called Canons and Constitutions for the government of the Church of Scotland, they have ordained, That whosoever shall affirme that the forme of worship inserted in the Booke of Common Prayer and administration of the Sacraments, whereof heretofore and now we most justly complaine, doth containe any thing repugnant to the Scriptures, or are corrupt, superstitious, or unlawfull in the service and worship of God, shall be excommunicated, and not be restored but by the Bishop of the place, or Archbishop of the Province, after his repentance and publicke revocation of this his wicked errour; Besides one hundred Canons moe, many of them tending to the reviving and fostering of abolished superstitions and errours, and to the overthrow of our Church Discipline established by Acts of Parliament, opening a doore for what further invention of Religion they please to make, and stopping the way which Law before did allow unto us for suppressing of errour and superstition; And ordaining, That where in any of the Canons there is no penalty expressly set down, the punishment shall be arbitrary as the Bishop shall think fittest: All which Canons were never seen nor allowed in any Generall Assembly, but are imposed contrary to order of law, appointed in this Realm for establishing Constitutions Ecclesiasticall; unto which two books, the foresaid Prelates have under trust procured his Majesties Royall hand and Letters Patents, for pressing the same upon his loyall subjects, and are the Contrivers and Devisers of the same, as doth clearly appeare by the Frontispice of the Book of Common Prayer, and have begun to urge the acceptance of the same, not onely by injunctions given in Provinciall Assemblies, but also by open Proclamation and charge of Horning, whereby we are driven in such straites as we must either by Processe of Excommunication and Horning suffer the ruine of our estates and fortunes, or else by breach of our Covenant with God, and forsaking the way of true Religion, fall under the wrath of God, which unto us is more grievous then death. Wherefore we being perswaded that these their proceedings are contrary to our gracious Sovereign his pious intention, who out of his zeale and Princely care of the preservation of true Religion established in this his ancient Kingdome, hath ratified the same in his Highnesse Parliament 1633. And so his Majestie to be highly wronged by the said Prelates, who have so farre abused their credit with so good a King, as thus to insnare his subjects, rend our Church, undermine Religion in Doctrine, Sacraments, and Discipline, move discontent between the King and his subjects, and discord between subject and subject, contrary to severall Acts of Parliament: We out of bound duty to God, our King and native Countrey, complain of the foresaid Prelates, humbly craving, that this matter may be put to tryall, and these our parties taken order with according to the lawes of the Realm; And that they be not suffered to sit any more as Judges, untill the cause be tryed and decided according to Justice. And if this shall seeme to bee to you a matter of higher importance then you will condescend unto, before his Majesty bee acquainted therewith, Then wee humbly supplicate that this our grievance and complaint may be fully represented to his Majestie, That from the influence of his Gracious Soveraigntie and Justice these wrongs may bee redressed, and we have the happinesse to injoy the Religion, as it hath beene reformed in this Land.
1637.—November 15.
22. Letter from the King to the Council.[45]
Charles Rˣ,
Rᵗ Reuerend Father in God, &c. Quheras ther are maney thinges at this tyme considerable for our seruice in that kingdome, wich wee cannot expresse at large be wreat wnto you, wee haue takin the occasion of our trustie and weill beloued cousin and counseller, the Earle of Roxbrughe, his repairing thither, that by him wee acquant you with our mynd, als far as wee haue conceaued fitting, vpone that wiche wee haue alredey hard from you. And it is oure pleasure, that in all thinges wich he shall communicat to you from ws, ather by word or wreat, concerning the present estait of that kingdome, you giue trust to him; and wee expecte, that in eurey thing wich you, or aney of you, haue found, ore shall find expedient for the vindicating of our honor, and quieting of the present disorders within that kingdome, ze will all giue that free aduice, and ioynt concurrence, wich wee are confident to receaue from our faithfull counsellers, quherof wee will be werey sensible, at most acceptable seruice done. Wee bid you fairweell, from our courte at Whithall, the 15 of Nouember, 1637.
1637.—December 7.
23. Proclamation at Linlithgow.[46]
Apud Linlithgow septimo Decemb. 1637.
For as much as the Kings Majestie, having seene the Petition presented to the Lords of his Majesties privie Councell, and by them sent up to his Majestie concerning the Service Book, determined to have taken the same into his Royall consideration, and to have given his gracious answer thereanent with all conveniencie: Like as his Majestie by his letters to his Councell of the date of the ninth of October last, did signifie his gracious resolution to the effect aforesaid. But since that time, his Majestie finding (farre contrarie to his expectation) that such disorderly, tumultuous and barbarous insolencies have beene committed within the Citie of Edinburgh upon the eighteenth of October last, to the great contempt of his Majesties Royall authoritie, by abusing his Majesties Councellors and Officers of State, with others bearing charge and authoritie under his Majestie within the said Citie: His Majestie in a just resentment of that foule indignitie, (wherein his Majesties Honour did so much suffer) hath beene moved to delay the signification of his Majesties gracious intention, in giving to his subjects such satisfactorie answers to their Petitions as in equitie might have been expected from so just and religious a Prince; But yet his Majestie being unwilling that his Loyall and faithfull subjects should be possessed with groundlesse and uncessarie doubts and feares, His Majestie is pleased out of his goodnesse to declare, like as by these presents hee declareth, That as he abhorreth all Superstition of Poperie, so he will be most carefull that nothing be allowed within his Majesties Dominions, but that which shall tend to the advancement of the true Religion, as it is presently professed within his most ancient Kingdome of Scotland: And that nothing is or was intended to be done therein against the laudable lawes of this his Majesties native Kingdome. And ordaineth publication to bee made hereof in forme as aforesaid.
1637.—December 21.
24. Speech of Lord Lowden to the Privy Council.[47]
After my Lord had, in all humility and submissiones, craued the Lordes of his Maiesties priuey counsaill, ther audience and patience, in respecte diuerse counsellors of the best sorte wer ther present, quho wer not acquanted with the progresse of the bussines; he declared the trew causse of the compirance of so grate a nomber of the nobility, gentrey, ministrie, and comons of all sortes ther, thus:—
My Lordes, (sayes he,) the subiecte of our complaint and contrawersie is religione, and lawes of the kingdome, wpone wiche dependethe bothe the weillfaire of the churche and comonwealthe, our condition of lyffe, our libertey and fortoune in this transitorey worlde, and the æternall happines in the lyffe to come; our deutie to Almightie God, the supreme King of Kinges, with our alledgeance and deutie to our soueraigne lord and master, the King’s Maiestie.
The matter of our regrate and griuance is, the alteratione of religione, in publicke forme of Gods worschipe, the most soleme action of ws all cretures in earth, wich by the innouvations complained off, is changed in doctrine, sacramentes and discipline, without and contrair to seuerall actes of parliament, and actes of nationall assemblies.
The innouations introduced, are chiffly the seruice booke, the booke of canons and constitutis, and the heighe commissione; in wich seruice booke are sowin the seedes of diuersse superstitions and heresies, that the Roman messe, in maney and substantiall poyntes, is made wpe therin; quhilke seruice booke and other nouations haue nather warrant of general assembly, nor of acte of parliament, bot contrarey to bothe, are introduced be the bischopes, quho haue caused sett fourthe ane booke of canons, quherin it is ordained, quhosoeuer shall affirme that the seruice booke containes aney thing erronious, shall be excommunicat; wich booke is the wsher and forrunner of the seruice booke printed therafter, quhilk by the bischopes conwayence was ratiffied by acte of parliament, and confirmed longe befor it was seine and printed, the bischopes for the tyme making wpe the counsaile, no nobleman being present ther quho did opposse it; and therafter by publick proclamatione cam fourth, chargeing all his Maᵗⁱᵉˢ subiects to conforme therto, as the onlie forme of Godes publicke worschipe to be wsed within the kingdome. After this the booke was printed, and as the booke was redey for the presse, letters of horning wer directed to charge the minister to bay the saides bookes for the wsse of the paroche, in Julij, wich moued them to giue in a bill of suspentione in Aguste follouing. The subiects finding themselues in the lyke danger, wnder one of tuo extremities, one being feared to be declared rebells and excommunicat one the one hand, ore forsaking the way of trew religione, one the other hand, contrarir to the sourne couenant with them, could find out no better meine, be ane legall and submissiue way, then to supplicat the Lordes of secret counsaile. Albeit thir innouations, by all thosse quho takes Gods worshipe to harte, doe wnderstand they wer contryuett to tend to the wtter ouerthrow of the trew religione, and laufull liberty of the subiectes. Zet to eschew the imputatione of factious conuocations and tumultous dealling, and to testifie ther loyalty to the King, they resolued to proceid in the most orderly way of supplicatting, by electinge one or tuo of the most grauest ministers in each presbyterey, and one or tuo descreitt gentlemen of each shyre, to prefer ther complaintes, remonstrances and griuances to the counsaile, by quhosse mediation the matter might be represented to the Kinges Maiestie, from quhosse justice, redresse was humblie craued and expected; and supplications at diuersse dyetts, giuen in name of the nobility, gentlemen, burrowes, and ministers, to that effecte, as the petitions themselues, that wich was giuen in the 23 of September, and that wpone the 18 of October, doeth cleirlie proport. At quhilke tyme, by warrant, appeirantly procured by the bischopes from his Maiestie, our supplicationes wer interrupted, and the counsaile at that tyme discharged to medle with churche bussines, and the supplicants to be discharged off the toune within 24 houres, wnder the paine of rebellione, wich feared them to giue in that supplicatione of the 18 of October, containing ane complaint aganist the bischopes, as contriuers, manteiners and vrgers of the booke. And the supplicants taking conweniencey of tyme, of the doune sitting of the sessione againe in Edinbrughe, the 15 of Nouember, commissioners wer chosen to attend his Maiesties anssuer, and doe quhat ells might conduce for furthering of ther lawfull desyres. The Earle of Roxbrughe being therafter sent from courte, did conweine the counsaile at Linlithgow, the 7 of September, quher ther was ane declaratione for the King, by oppin proclamatione at the mercat crosse of Edinbrugh, shouing that the Kinges Maiestie doethe abhore all superstitions of poprie, and wiolatione of the laudable lawes of the kingdome; and the supplicants wer desyred by the Earle of Roxbrughe and Traquair, Thesaurer, not to appeire at Linlithgow, wnder promisse that ther supplicatione should be judicially hard in counsaile the nixt weeke therafter, to the wich the counsaile wes appoynted to sitt at Dalkeithe; wher the commissioners and diuersse wther noblemen of good sorte, did attend the counsell to haue beine hard, bot wer postponit till the 21 of December.
After this relatione, he subsumed wpon the proclamatione, that thinges complined one wer superstitious, full of poprie and superstitione, and wiolatione of the lawes of the kingdome, quherwpon he groundit the supplicants confidence, to assist aganist the eiuells and the manteiners therof, seing his Maiestie, by proclamation, was cleired from authorizing the same.
After the forsaid relatione made by him, he presented a new bill, with a declinatour against the bischopes, and the double of the supplicatione presented the 23 of September, and 18 of October; and becausse no bischopes wer in the counsaile that day, some one quho remoued himselue befor the complainers cam in, he protested that the bischopes heirafter should not be permitted to sitt as ther iudges, wntill the causse was decydit, becausse they war parties, and albeit they be absent at this tyme, (said he,) zet they may be present at ane other tyme, and, possible both the most pairt of the counsaile and complainers shall be absent. The Chanceler with 6 or seuin other bischopes and coram of the counsaile, may determine vpone our causse and petitions, als weill as they passed ane acte of counsaile, for approuing the seruice booke befor it was ather printed or seine, which acte, wee persuade ourselues had neuer beine passed, if ather ther had beine a frequent counsaile, or if the bischopes had not beine predominant ingredientes at that tyme.
After this, he said, our desyres tend to no other end bot the præseruation of trew religion, the saluatione of our soules, and the subiectes lawfull liberties; and quher wee craue the matter to be trayed, and the bischopes and prælats delinquent takin order with according to iustice, wee nather craue ther blood, nore harme to ther persones; bot that the abusses and wronges done by them may be trewlie remonstrat to his Maiesty, that after dew trayell of the wronges, such order may be takin as the eiuells may be remedit; and that the power wich they haue takin may be restrained, that the lyke eiuells may be preuented in tyme to come.
Loudoun thus hauing endit his speach, Traquair, the Thesaurer, preceiding in counsaile, acknouledged the treuthe of the relatione and equity of the petition, and so remoued the parties complainers. It past to interloquitor, and thereafter in ane acte.
1637.—December 24.
25. Act of Council.[48]
The Lordes of secrett counsaile, hauing heard and considered the tuo suplications and petitions giuen in by the noblemen, barrons, ministers and burgeses, and finding the matter in them conteinned to be of that waight and importance, that they cannot determine therein wntill his Maiestie be acquanted with the same, and his royall pleasur returned theranent. Therfor, the saides Lordes, for anssuer to the tuo suplications and petitions, declared that they present the same to his Maiesties royall consideratione, and that without prejudice of the declinator giuen in by the saides suplicants, quherwpon they shall be hard in tyme and place conuenient; and in the meane tyme shall receaue no præiudice: quherwpone the saides supplicants asked instruments.[49]
1638.—February 19.
26. Proclamatian at Stirling.[50]
Charles by the grace God, King of great Britaine, France, and Ireland, defender of the faith, &c. To Our Lovits, &c.
Our Sheriffes in that part conjunctly and severally, specially constituted, greeting. For as much as Wee out of Our Princely care of maintenance of the true Religion already professed, and for beating downe of all superstition, having ordained a Book of Common prayer to be compiled for the generall use and edification of Our subjects within Our ancient Kingdome of Scotland, the same was accordingly done: In the performing whereof, We took great care and paines; So as nothing past therein but what was seene and approved by Us, before the same was either divulged or printed, assuring all Our loving subjects, that not onely Our intention is, but even the verie Book will be a readie meanes to maintaine the true Religion alreadie professed, and beat out all Superstition; Of which We in Our owne time do not doubt but in a faire course to satisfie Our good subjects. But having seene and considered some Petitions and Declarations given in to Our Councell against the said Book and late Canons of the Church, We find Our Royall Authority much injured thereby, both in the matter and in the carriage thereof; whereby We conceive these of Our Nobility, Gentrie, Burroughs, Ministers, and others, who kept and assisted these meetings and Convocations for contriving and forming the said Petitions, or who have subscribed the same, to deserve and bee liable to Our high censure, both in their persons and fortunes, as having conveened themselves without either Our consent or authoritie; Yet because Wee beleeve that what they have done herein is out of a preposterous zeale, and not out of any disloyaltie or disaffection to Soveraigntie, We are graciously pleased in so farre as concernes these meetings for consulting or subscribing of these Petitions, or presenting the same to any Judge or Judges in Our said Kingdome, to dispense therewith, and with what may bee their fault or errour therein, to all such as upon signification or declaration of Our pleasure shall retire themselves as becometh good and dutifull subjects: To which purpose Our will is, and We charge you straightly, and commands, that incontinent these Letters seene, you passe, and in Our name and authoritie make intimation hereof, to all Our lieges and subjects, by open Proclamation at all places needfull, wherethrough none pretend ignorance thereof; And therewith also, That you in Our name and authoritie discharge all such convocations and meetings in time comming, under the paine of treason: And also that you command, and charge, and inhibit all our lieges and subjects, that none of them presume nor take in hand to resort nor repaire to Our Burgh of Sterling, nor to no other Burgh, where Our Councell and Session sits, till first they declare their cause of comming to our Councell, and procure their warrant to that effect. And further, that you command and charge all and sundrie Provosts, Bailiffes, and Magistrates within Burgh, That they and everie one of them have a speciall care and regard to see this Our Royall will and pleasure really and dutifully obeyed in all points; And that no violation thereof be suffered within their bounds, under all highest paine, crime, and offence that they may commit against Us in that behalfe. As also that you command and charge all and sundrie Noblemen, Barons, Ministers and Burrowes, who are not actuall indwellers within this Our Burgh, and are not of the number of the Lords of our privie Councell and Session, and members thereof, and are already within this Our Burgh, that they, and everie one of them, remove themselves, and depart and passe forth of Our said Burgh, and returne not againe, without the warrant aforesaid, within six houres after the publication hereof, under the said paine of treason. And as concerning any Petitions that hereafter shall be given unto Us, upon this or any other subject, Wee are likewise pleased to declare, that We will not shut Our ears therefrom; so that neither the matter nor forme be prejudiciall to Our Regall Authoritie. The which to do We commit to you, conjunctly and severally, Our full power by these Our Letters, delivering the same by you duely execute and indorsed againe to the bearer. Given under Our Signet at Sterling the nineteenth day of February, And of Our Reigne the thirteenth yeere, 1638.
Per actum Secreti Concilii.
1638.—February 19.
27. Protestation by Lords Hume and Lindsay.[51]
For God and the King.
We Noblemen, Barons, Ministers, Burrowes, appointed to attend his Majesties answer to our humble Petition and complaint, and to preferre new grievances, and to do what else may lawfully conduce to our humble desires; That whereupon the 23. of September last, wee presented a Supplication to your Lordships, and another upon the 18. of October last, and also a new Bill relative to the former upon the 19. of December last, and did therein humbly remonstrate our just exceptions against the Service Book, and Book of Canons; and also against the Archbishops and Bishops of this Kingdome, as the contrivers, maintainers, and urgers therof, and against their sitting as our Judges untill the cause be decided; earnestly supplicating withall to bee freed and delivered from these and all other innovations of that kinde, introduced against the laudable Lawes of this Kingdome; as that of the High Commission, and other evils particularly mentioned, and generally contained in our foresaid supplications and complaints, and that this our partie delinquent against our Religion and Lawes may be taken order with, and these pressing grievances may be taken order with and redressed according to the Lawes of this Kingdome, as by our said supplications and complaints more largely doth appeare: With the which on the 19. of December last, we gave in a Declinator against the Arch-bishops and Bishops as our parties, who by consequence could not be our Judges; whereupon your Lordships declared by your Act at Dalkeith the said 19. of December, that you would present our Petitions to his Majesties Royall consideration, and that without prejudice of the Declinator given in by us the said supplicants; whereupon we should be heard at place and time convenient, And in the mean time should receive no prejudice, as the said Act in it selfe beareth. And whereas we your Lordships supplicants with a great deale of patience, and hope also, grounded on sundry promises, were expecting an answer to these our humble desires, and having learned that upon some directions of His Majesties anent our supplications and complaint unto your Lordships of the Secret Councell, your Lordships admits to the consulting and judging anent our supplications, and His Majesties answere thereunto, the Archbishops and Bishops our direct parties, contrarie to our Declinator first propounded at Dalkeith, and now renewed at Sterling; and contrarie to your Lordships Act aforesaid at Dalkeith, and contrarie to our Religion and Lawes, and humble supplications. Therefore lest our silence be prejudiciall to this so important a cause, as concernes Gods glorie and worship, our Religion, Salvation, the Lawes and Liberties of this Kingdome, or derogatorie to the former supplications and complaints, or unanswerable to the trust of our Commission; out of our bound dutie to our God, our King and native Countrey, we were forced to take instruments in Notaries hands, of your Lordships refusall to admit our Declinator, or remove these our Parties, and to protest in manner following: First, That we may have our immediate recourse to our sacred Soveraign, to present our grievances, and in a legall way to prosecute the same before the ordinarie competent Judges, Civill or Ecclesiasticall, without any offence offered by us, or taken by your Lordships. Secondly, We protest that the said Archbishops and Bishops, our Parties complained upon, cannot be reputed or esteemed lawfull Judges to sit in any Judicatorie in this Kingdome, Civill or Ecclesiasticall, upon any of the supplicants, untill after lawfull tryall judicially they purge themselves of such crimes as we have already laid to their charge, offering to prove the same whensoever His Sacred Majestie shall please to give us audience. Thirdly, We protest that no Act nor Proclamation to follow thereupon, past, or to be past in Councell or out of Councell, in presence of the Archbishops and Bishops, whom we have already declined to be our Judges, shall any wayes be prejudiciall to us the supplicants, our persons, estates, lawfull meetings, proceedings, or pursuits. Fourthly, We protest that neither we nor any whose heart the Lord moveth to joine with us in these our supplications against the foresaid Innovations, shall incurre any danger, in life, lands, or any Politicall or Ecclesiasticall paines, for not observing such Acts, Bookes, Canons, Rites, Judicatories, Proclamations, introduced without or against the Acts of Generall Assemblies, or Acts of Parliament, the Statutes of this Kingdome; But that it shall be lawfull for us or them to use our selves in matters of Religion of the externall worship of God and Policie of the Church, according to the word of God, and laudable Constitutions of this Church and Kingdome, conforme to His Majesties Declaration the ninth of December last. Fifthly, Seeing by the legall and submisse way of our former supplications, all who takes these Innovations to heart, have been kept calme and carried themselves in a quiet manner, in hope of redresse; We protest, that if any inconvenience shall happen to fall out (which we pray the Lord to prevent) upon the pressing of any of the foresaid Innovations of evils, specially or generally contained in our former supplications and complaints, and upon your Lordships refusall to take order thereanent, the same be not imputed to us, who most humbly seeks all things to be reformed by an Order. Sixthly, We protest that these our requests, proceeding from conscience and a due respect to His Majesties honour, doe tend to no other end, but to the preservation of the true reformed Religion, the lawes and liberties of this His Majesties most ancient Kingdome, and satisfaction of our most humble desires contained in our supplication and complaint, according to his Majesties accustomed goodnesse and justice, from which we doe certainly expect that His Sacred Majestie will provide and grant such remedie to our just petitions and complaints, as may be expected from so gracious a King toward most loyall and dutifull subjects, calling for redresse of so pressing grievances, and praying to God that his Majestie may long and prosperously reigne over us.
1638.—March 3.
28. Instructions from his Majesties Council to the Lord Justice-Clerk, whom they have ordained to go to Court for his Majesties service.[52]
In the first, you are to receaue from the clercke of the counsaile all the actes since our meitting one the 1 of Marche instant.
Item, you haue to represent to his Maᵗⁱᵉ, that this dayet of counsaile was appoynted to be keipt solemley, by adwisse of the Lord Chanceler and remanent Lordes of the clergie, beinng at Edinbrughe for the tyme, quo assurid ws that they wold keepe the dayett preceisly; bot at our meitting at Stirlinge, wee receaued a letter of excusse from the Lord Chanceler, wich forced ws to proceid without his presence, or aney other of the Lordes of the clergie, except the Bischope of Brechin, quho attendit with ws three dayes, bot remoued befor the closinge of our oppinion anent the bussines.
Item, imediatly after wee had resolued to directe you with a letter of trust to his Maiestie, wee did send our letter to the Lord Chanceler, acquanting him with our proceidinges, and desyring him to consider therof, and if he approued the same, to seinge them, and causse the remanent Lordes of the clergie, being ewest to him, and namlie, the Bischope of Brechin, quho was ane eare and eye wittnes to our consultations, to signifie the same to his Maiestie, and by his letter to signifie hes approbation therof; or if his Lordschipe did find aney other way more conuenient for his Maiesties honor, and peace of the countrey, that his Lordschipe, by his letter to the (L’s) Thesaurer and Priuey Seall, wold acquant them therwith, to the effecte they might conweine the counsaile for consulting theranent.
Item, that ze show to his Maiestie, that the counsaile, all in one woyce, findes, that the causse of the generall combustion in the countrey, are the fears apprehendit of the innouation of religion and discipline of the kirke, established by the lawes of the kingdome, by occasione of the seruice booke, booke of canons, and heighe commission, and formes of introduction therof.
Item, you are to represent to his Maᵗⁱᵉ our humble oppinions, that seing, as wee conceaue, the seruice booke, booke of canons, and heighe commission, (as is sett doune) are the occasione of this combustion; and that the subiects offers them to proue, wpone perrill of ther liues and fortuns, to cleir that the said seruice booke, and wthers forsaides, conteine diuersse poyntes contrarey to the trew religion presently professed, and lawes of the kingdome, in matter and maner of introduction; that the Lordes thinkes it expedient, that it be represented to his Maiesties gratious consideratione, that his Maiestie may be pleassid to declare, as ane acte of his singular iustice, that his Maiestie will take trayell of his subiects griuances, and reasons therof, in his auen tyme, and in his auen way, according to the lawes of the kingdome; and that his Maiestie may be pleassed gratiously to declaire, that in the meane tyme he will not presse nor vrge his subiectes therwithe, notwithstanding of aney acte or warrand made in the contrarey.
And in caisse his Maiesty shall be gratiouslie pleassed to approue of our oppinions, you are therafter to represent to his Maiesties wysse and gratious consideratione, if it shall be fitting to consulte his Maiesties counsaile, or some suche of them as he shall be pleased to call, ore allow to be sent from the table, both anent the tyme and way of doing.
Item, if his Maiestie (as God forbid) shall dislyke of quhat wee conceaue to be most conducing to his Maiesties seruice and peace of the kingdome, you are to vrge by all the arguments you can, that his Maiestie doe not determine vpone aney other coursse, wntill some at least of his counsaile from this be hard to giue the ressons of ther opinions; and in this caisse you are lykwayes to represent to his Maiesties consideratione, if it shall not be fitting and necessar to call for his informers, togider with some of his counsaile, that in his auen presence he may haue the reasons of both informations fully delatted.
Item, you shall show to his Maiestie, that his counsaile, hauing takin to ther consideratione quhat furder was to be done, for compessing and settling the present combustion within the kingdome, and dissipatinge of the conuocations and gatheringes within the samen, seing that proclamations are alredey made and published, discharging all suche conuocations and wnlawfull meittinges, the (L’s) after debaitting, findes they can doe no furder then is alredey done heirin, wntill his Maiesties pleasur be returned to thir our humble remonstrances.
1638.—March 5.
29. Letter from Traquair and Roxburgh to the King.[53]
Most Sacred Soveraign,
Although the miserable Estate of this poor Kingdome will be sufficiently understood by Your Majesty from this Gentleman, Sir John Hamilton’s Relation, yet we conceive our selves in a special manner bound and obliged to represent what we conceive does so nearly concern Your Majesties Honour and Service; and therefore give us leave truly and faithfully to tell Your Majesty, that since the last Proclamation, the fear of Innovation of Religion is so apprehended by all sorts of Subjects from all corners of this Kingdom, that there is nothing to be seen here but a general Combustion, and all men strengthening themselves by subscribing of Bonds, and by all other means for resisting of that which they seem so much to fear. This is come to such a height, and daily like to increase more and more, that we see not a probability of Force or Power within this Kingdom to repress this Fury, except Your Majesty may be graciously pleased, by some Act of Your Own, to secure them of that which they seem so much to apprehend, by the inbringing of the Books of Common-Prayer and Canons.
The way which the Subjects have taken and daily go about in the prosecution of their business is inexcusable, and no ways agreeable to the duty of good Subjects, but Your Majesty is wisely to consider what is the best and safest course for Your Own Honour and Peace of Your Government; and since Religion is pretended to be the cause of all, if it shall not be a safe course to free them at this time of Fears, by which means the wiser sort will be satisfied, and so Your Majesty enabled with less pain or trouble to overtake the Insolencies of any, who shall be found to have kicked against Authority.
We are the rather moved at this time to be of this opinion, that having found it the opinion, not only of those to whom Your Majesty wrote in particular, (except of the Marquis of Huntley, who as yet is not come from the north:) but of most of the Noblemen, and men of respect within this Kingdom: we find few or none well-satisfied with this business, or to whom we dare advise Your Majesty to trust in the prosecution thereof; and if any have, or shall inform Your Majesty to the contrary, give us leave humbly to intreat Your Majesty, to be pleased to call them before Your Self, that in our presence You may hear the reasons of both Informations fully debated. So praying God to grant Your Majesty many happy days, and full contentment in all your Royal designs, we humbly take our leave, and rest,
Your Majesties humble Servants,
and faithful Subjects,
Traquair.
Roxburgh.
Sterlin March 5. 1638.
1638.—March 5.
30. Letter from the Council to Marquis of Hamilton.[54]
Our very Honourable Good Lord,
We finding the Subjects Fears and Stirs to encrease since the last Proclamation, did appoint by the Lord Chancellour, and other Lords of the Clergy, their Special Advice, a solemn Dyet of Council to be kept at Sterlin, on the first of March, where the Lord Chancellour, and other Lords of the Clergie, promised to be present to consult upon the growth of the publick Evils and Remedies thereof, for His Majesties Honour and Peace of this Country; but having met at Sterlin, we received a Letter of Excuse from the Lord Chancellour, and were forced to proceed without him, and the other Lords of the Clergy; where, after we had spent four days in advising upon the said Evils and Remedies of them, we resolved in end to direct Sir John Hamilton of Orbiston, one of our number, with a Letter of Trust from us to His Majesty, to whom we have imparted our Opinions, and Reasons of the said publick Ills, and Remedies of the same, to be represented to His Sacred Majesty; and because the business is so weighty and important, that in our opinion the Peace of the Country was never in so great hazard, we have thought fit to recommend the business to your Lordships consideration, that after your Lordship has heard the Justice-Clerk therein, your Lordship according to your great interest in His Majesties Honour and Peace of the Kingdom, may concur by your best advice and assistance at His Majesties hands to bring these great and fearful Ills to a happy event. So committing your Lordship to the Grace of God, we rest
Your Lordships very good Friends,
| Traquair | Lauderdale | Napier |
| Roxburgh | Southesk | J. Hay |
| Winton | Angus | Tho. Hope |
| Perth | Lorn | J. Carmichael |
| Wigton | Down | W. Elphinston |
| Kinghorn | Elphinston | |
| Sterlin March 5. 1638. | ||
1638.—March 27.
31. Demands by the Covenanters given to Traquaire.[55]
First, It is certaine that the present not wrging or present discharging of the seruice booke, the booke of canons, and off the last heighe comissione, cannot satisfie our supplications, complaints, protestatione and cofession, cannot remeed the present eiuills, nor prewine the lyke in time coming.
2. Experience showeth the necessity, that this kirke must be assured, by ane acte of free generall assembley, and of ane parliament, that shoe shall neuer be vrged heirafter with aney alteratione in poyntes of doctrine, diwyne worschipe, or churche gouerniment, bot that wich shall be first aggreid wpon in a lawfull and free generall assembly, wich is order appoynted be God, obserued and præscribed in this churche since the reformatione, and the principall meine to giue satisfactione to all mens myndes in matters of religion, as far so as is possible.
3. Pastors and professors can neuer be free of troubles or feares, so long as the terror of the heigh commission standes ouer ther heades, wich cannot be limitted, bot quyte discharged.
First, Becausse it was introduced and exercissed, not only with the lawes of this kirke and kingdome, bot aganist the expresse acte of bothe.
2. It is [a] courte of ciuile and ecclesiasticke persons, hauing pouer to inflicte both spirituall and temporall paines, and therfor, being in the constitutione therof wnlawfull, cannot be qualified with aney limitations.
3. A commissione for ecclesiasticke persons to inflicte spirituall censures, cannot proceid from the King, bot from the generall assembley of the kirke: and a comissione to ciuile persons to inflicke temporall paines for ecclesiastick causes, cannot proceid bot from the parliament, at the desyre of the assemblies.
4tly. It subuerteth all other judicatories of this kirke and realme, and indangereth the liberties, estaites and persons of the quholl leidges.
4o. The vrginge of the artickeles of Perth, wnder ecclesiasticke and ciuile paines, hath caussed grate trouble and dissention in the kirk, made way for all ther subsequent innouations and superstitions, and zet is nather warranted be the acte of assembley, wich doeth nather conteine aney penaltie, nor inoyn’d by way of præcept, necessarly to be obayed, bot by way of counsaile, freelie to be obserued; and that wpone this ressone, seing all memorey of bygaine superstitione is past, wich being anima legis, inferreth via contrariorum, by way of contraries, the necessity of our not obseruing, seing the memorey of bygaine superstition is now reuiued and pressed, according to the last claus of the 21 artickell of our large Confession of Faith, ratified in parliament, and according to our promise in our lait confession; nather is it zet warranted by the actes of parliament, wich doeth ratifie the actes of this assembley, without aney desyre from the kirke; zea, contrarey to the suplications and protestations of maney godlie and learnid of the ministrie, bot neuer intendit, nor could change the free voluntarey obseruance in matters ecclesiasticke of ane churche counsaile, wnto the necessarey obedience of a penall statute, and therfor the vrging of the Perth artickells must ceasse and desist.
5o. Ther is no appirance of staying the present commotions and combustions in the kingdome, of satisfieing the Kinges honor and mynd, misinformed by our aduersaries, nor of cleiring of the subiects pious loyaltie, in ther legall and peacefull proceidinges, from all calumnies and misconstructions, accept in a free generall assemblie; the present archbischopes and bischopes, the authors and causse of all the innowations compleined vpon, and of all misinformations aganist the compleiners, be trayed and censsured according to the actes of the generall assembley; for it is aganist all law and reasone, that they should be, without dew censure, suffred to reuelle at ther pleasure; and ther auen acte of the assembley at Glasgow, quherby they haue ther pouer appoynted them, to be censured in ther lyffe, office and benefice, by the generall assembly, sick-lyke that ministers be trayed in ther office and conuersatione, and censured according to the actes of the assembley.
6o. For keiping the purity of religion in this kirk, and establishing a firme peace in this kingdome in tyme coming, generall assemblies must be haldin at the ordinarey tyme, for the commissioners appoynted by K. James for the assemblie, at Linlithgow, 1606, and wthers acquanted withe his Maiesties intentions, declaire that his Maiesty was neuer of ane other mynde, bot that the holding generall assemblies at certane competent tymes, was and is a most necessarey meine for preseruation of piety and vnion in the kirke, and for exterminatione of heresie and schisime, (quhilk our dolefull experience, and innumerable eiuells follouing wpon vant therof, doeth wndenayablie confirme); and therfor it was his will, that the acte of parliament should stand in force for conweinng the generall assembley once in the zeire, lyke as it was acknouledged in the afforsaid assembly of Glasgow, 1610, that the necessity of the kirke did craue, that for taking order with the common enimney, and for other affaires of the kirke, ther be zeirlie generall assemblies, and therfor that assembley requysted his Maiestie, that generall assemblies might be haldin once in the zeire, ore at least at sett tymes, in all tyme coming.
7o. The least can be sought for the present concerning ministers wotters in parliament, is, that they be limitted by the particular caueatts aggreid one in the assemblie, 1600, at Montrose, and by aney other cautions to be made, as the assembley shall thinke meitt and necessarey, (from oure 37 zeires experience of the fruittes and consequences thereof,) as it was appointed at that tyme; for so longe as they wotte in parliament, absolutly without the limitation of ther cautions, they can neuer be thought to wotte in name of the kirke.
8o. Ther can be no houpe of continuance of religione in the kirke, (altho wee are deliuered from all other eiuells) except some better coursse be takin for the free entrey of ministers, without wnlawfull othes, and with the consent of the presbeteries and of the people; for this end it wold be remembred, that it was declared, acte 114, parl. 1592, that God had giuen to the spirituall office bearirs of the kirke, colatione and depriuatione of ministers, and therfor the commission granted to bischopes, in Aᵒ 1584, to receaue the presentatione to benifices, wes declared to be null in all tyme coming; and it was ordained, that all presentations to benefices be directed to particular presbeteries in all tyme coming, with full pouer to giue colatione therwpone, they being the lawfull office bearirs of the kirke, to quhom God hath giuen that right, wich therfor nather was nor can be takin from them absolutly, nor giuen to bischopes exclusiue.
1638.—March 27.
32. Letter by the Covenanters to each of the Lords of Privy Councel.[56]
May it please your Lordship,
Wee the Ministers of the Gospel, conveened at this so necessarie a time, doe finde our selves bound to represent, as unto all, so in speciall unto your Lordship, what comfortable experience we have of the wonderfull favour of God, upon the renewing of the Confession of faith and Covenant, what peace and comfort hath filled the hearts of all Gods people, what resolutions and beginnings of reformation of manners are sensibly perceived in all parts of the kingdome, above any measure that ever we did finde or could have expected, how great glorie the Lord hath received thereby, and what confidence we have (if this sunshine be not eclipsed by some sinfull division or defection) that God shall make this a blessed kingdome, to the contentment of the Kings Majestie, and joy of all his good subjects, according as God hath promised in his good Word, and performed to his people in former times; And therefore we are forced from our hearts both to wish and entreat your Lordship to be partaker and promover of this joy and happinesse by your subscription, when your Lordship shall thinke it convenient: And in the meane while, that your Lordship would not be sparing to give a free testimonie to the truth, as a timely and necessarie expressione of your tender affection to the cause of Christ now calling for helpe at your hands: your Lordships profession of the true Religion as it was reformed in this land, the nationall oath of this kingdome sundry times sworne and subscribed, ablishing us who live at this time, the dutie of a good Patriot, the office and trust of a Privie Councellour, the present employment to have place amongst those that are first acquainted with his Majesties pleasure, the consideration that there is the time of tryall of your Lordships affection to Religion, the respect which your Lordship hath unto your fame both now and hereafter, when things shall be recorded to posteritie, and the remembrance, that not onely the eyes of men and Angels are upon your Lordships carriage, but also that the Lord Jesus is a secret witnesse now to observe, and shall be an open Judge hereafter to reward and confesse everie man before his Father, that confesseth him before men: All of these and each of them, besides your Lordships personall and particular obligations to God, doe call for no lesse at your Lordships hands, in the cause of so great and singular necessitie; and we also doe expect so much at this time, according as your Lordship at the houre of death would be free of the terrour of God, and be refreshed with the comfortable remembrance of a word spoken in season for Christ Jesus, King of Kings and Lord of Lords.
1638.—April 28.
33. Articles for the present Peace of the Kirk and Kingdom of Scotland, signed by Rothes, Cassils, and Montrose.[57]
If the Question were about such matters as did come within the compass of our own power, we would be ashamed to be importunate, and should be very easily satisfied without the smallest trouble to any; but considering that they are the matters of Gods honour, of the Kingdom of Christ, and the peace of our Souls, against the Mystery of Iniquity, which we clearly perceive to have been uncessantly working in this Land since the Reformation, to the ruine of true Religion in the end; it cannot stand with our duty to God, to our King, to our Selves and Posterity, to crave or be content with less, than that which the word of God, and our Confession of Faith doth allow, and which may against our Fears establish Religion afterwards.
I. The discharging of the Service-Book, the Book of Canons, and of the late High Commission, may be a part of the satisfaction of our humble Supplications, and just Complaints, which therefore we still humbly desire; but that can neither be a perfect Cure of our present Evils, nor can it be a preservative in time to come.
II. When it is considered what have been the Troubles and Fears of his Majesties most loyall Subjects from the High Commission, what is the nature and constitution of that Judicatory, how prejudicial it proves to the lawful Judicatories of the Kirk and Kingdom, how far it endangers the Consciences, Liberties, Estates and Persons of all the Lieges, and how easily, and far more contentedly all the Subjects may be keeped in order, and obedience to His Majesties just Laws, without any terrour of that kind; we look that his Majesties Subjects, who have been used to obey according to the Laws, shall be altogether delivered from the High Commission, as from a yoke and burden, which they feel and fear to be more heavy than they shall be ever able to bear.
III. Remembring by what wayes the Articles of Perth were introduced, how strangely and with what opposition they were carried in the Assembly, upon what Narrative they were concluded, how the Ratification in Parliament was not desired by the Kirk, but earnestly supplicated and protested against, how they have been introductory of the Service-Book, whereof now they are become Members, and in their nature make way for Popery, (whatsoever hath been the intentions of the Urgers;) and withall, what Troubles and Divisions they have caused these twenty years in this Kirk and Kingdom, and what Jealousies between the Kings Majesty and His Subjects, without any Spiritual profit or edification at all; as we can see no reason why they should be urged by Authority, so can we not find, but we shall be more unable to digest them than in the beginning, when we had not as yet tasted, and known how bitter and unwholsome they were.
IV. The Judgements of the best Divines of the Reformed Kirks, and of the most Pious and Learned of this Kirk since the Reformation, concerning the Civil Places and Offices of Kirkmen, and concerning the Vote of Ministers in Parliament, have been made known in divers generall Assemblies; which moved the Assemblies of this Kirk, when they could not by their modest opposition prevail to limit the Ministers that were to Vote in Parliament, by any particular Cautions agreed upon at first, and ordained to be inserted in the Act of Parliament, and by other Cautions to be made afterward, as the Assembly should find meet and necessary; and, therefore, if we will declare our minds, after lamentable experiences of the Evils which were then foreseen, feared, and foretold, we cannot see how Ministers voting in Parliament, absolutely without the limitation of these Cautions, can be thought fit to Vote in the name of the Kirk.
V. We have no Grievance more universal, more ordinary, and more pressing, than that worthy men, who have Testimonies of their Learning from Universities, and are tried by the Presbyteries to be qualified for the Work of the Ministery, and for their Life and Gifts earnestly desired by the whole People, are notwithstanding rejected because they cannot be persuaded to Subscribe and Swear such unlawful Articles and Oaths, as have neither warrant of the Acts of the Kirk, nor Laws of the Kingdom, and others of less worth, and ready to swear for base respects, unworthy to be mentioned, are obtruded upon the People, and admitted to the most eminent Places of the Kirk, and Schools of Divinity, which causes continual Complaints, makes the People run from their own Kirks, refuse to receive the Sacrament at the hands of the Ministers set over them against their hearts, or to render them that Honour which is due from the People to their Pastors, and is a mighty hindrance to the Gospel, to the Souls of the People, and to the Peace of the whole Kirk and Kingdom; all which might be easily helped, by giving place to the 114 Act of Parliament, 1592, declaring, That God hath given to the Spiritual Office-bearers of the Kirk Collation and Deprivation of Ministers, and ordaining that all Presentations to Benefices be directed to particular Presbyteries in all time coming, with full power to give Collation thereupon, they being the lawful Office-bearers of the Kirk, to whom God hath given that right; which therefore, never was nor can be taken from them, and so conferred upon others, at that they shall be quite secluded therefrom.
VI. The lawful and free National Assemblies of this Kirk, warranted by Divine Authority, ratified by Acts of Parliament, keeped in other Reformed Kirks, and in this Kirk since the Reformation, and acknowledged by King James to be the most necessary means for preservation of Piety and Union, and for extermination of Heresie and Schism, (who willed, therefore, that the Act of Parliament for convening the General Assemblies once in the year should stand in force;) if they were revived, and by His Majesties Authority appointed to be keeped at the ordinary times, and if one at His Majesties first opportunity, and so soon as may be conveniently, should be indicted, Kirkmen might be tried in their Life, Office, or Benefice, and keeped in order without trouble to His Majesty, and without offence to the People, the present Evils might be speedily helped, to His Majesties great honour and content, and to the preservation of the Peace of the Kirk, and these courses might be stopped afterwards: and on the contrary, while Kirkmen escape their due Censure, and matters of the Worship of God are imposed without the consent of the free Assemblies of the Kirk, they will ever be suspected to be unsound and corrupt, as shunning to be tried by the Light, to the continual entertaining of heart-burnings amongst the People, and to the hindrance of that cheerfulness of obedience which is due, and from our Hearts we wish may be rendred to the Kings Majesty.
VII. If according to the Law of Nature and Nations, to the Custom of all other Kingdoms, and the laudable example of His Majesties worthy Progenitors, in the like cases of National Grievances, or of Commotions and Fears of a whole body of a Kingdom, his Majesty should be graciously pleased to call a Parliament, for the timeous hearing and redressing of the just Grievances of the Subjects, for removing of their common Fears, and for renewing and establishing such Laws, as in time coming may prevent the one and the other, and may serve to the good of the Kirk and the Kingdom, that the Peace of both might be firmly settled, and mens minds now so awakened might be easily pacified; and all our Tongues and Pens are not able to represent, what would be the joyful Acclamations and hearty Wishes of so loyal and loving a People, for His Majesties Happiness, and how heartily bent all sorts would be found to bestow their Fortunes and Lives in His Majesties Service.
VIII. The more particular Notes of all things expedient for the well of the Kirk and Kingdom, for His Majesties honour and satisfaction, and for extinguishing of the present Combustion, may be given in to be considered in the Assembly and Parliament.
1638.—April 28.
34. Articles of Information to Mr Andrew Learmonth, for my Lord Archbishop of Saint Andrews, the Bishop of Ross, &c. and in their absence, for my Lord Archbishop of Canterbury his Grace.[58]
I. You shall show their Lordships, How they have changed the Moderator of the Presbytery of Edinburgh, and are going on in changing all the Moderators in the Kingdom.
II. How they have abused Doctor Ogstone the ninth of May in Edinburgh, Mr George Hannay at Torphichen the sixth of May, Doctor Lamond at Markinch the ninth of May, Mr Robert Edward at Kirkmichael, whom Kilkerrin is forced to entertain at his own House.
III. That the Presbytery of Haddingtown have given Imposition of Hands to Mr John Ker’s Son, to be his Collegue, without the knowledge of the Bishop; and likewise the Presbytery of Kircaldy to Mr John Gillespy’s Son, to the Church of the Weemes; and the Presbytery of Dumfrice, to one Mr John Wier, to the Church of Morton within two miles of Drumlanerick; and that they of Dumfermline have admitted Mr Samuel Row (a Minister banished from Ireland) to be helper to Mr Henry Mackgill; and they of Air Mr Robert Blair, to be helper to Mr William Annand; and that the Town of Dumfrice have made choice of Mr James Hamilton to be their Minister; and the Town of Kirkudbright one Mr John Macklennan, all of them banished from Ireland; and Mr Samuel Rutherford is returned and settled in his Place; and they intend to depose Mr John Trotter, Minister of Dirleuton; and how they intended to use the Regents.
IV. That the Council of Edinburgh have made choice of Mr Alexander Henderson to be helper to Mr Andrew Ramsay, and intend to admit him without advice or consent of the Bishop.
V. That the Ministers of Edinburgh, who have not subscribed the Covenant, are daily reviled and cursed to their Faces, and their Stipends are withheld and not payed; and that all Ministers who have not subscribed are in the same case and condition with them.
VI. That they hound out rascally Commons on men who have not subscribed the Covenant, as Mr Samuel Cockburn did one John Shaw at Leith.
VII. That His Majesty would be pleased by his Letters, to discharge the Bishop of Edinburgh to pay any Prebend-fee, to those who have subscribed the Covenant; as also by His Royal Letters to discharge the Lords of Session, to grant any Process against the Bishop for their Fees.
VIII. That His Majesty would be pleased in the Articles of Agreement with the Nobility, to see honest men, who shall happen in this tumultuous time to be deposed from their Places, restored and settled in them, and others that are violently thrust in, removed; and that the wrongs done to them be repaired.
IX. That if it shall happen his Majesty to take any violent course for repressing these Tumults and Disorders, (which God forbid) that in that case their Lordships would be pleased to supplicate His Majesty, that some speedy course may be taken for securing of the persons of these honest men, who stand for God and His Majesty.
Signed,
Da. Edin. Ja. Hannay.
Ja. Dumblanen. Da. Michell.
Ja. Lismoren. Da. Fletcher.
1638.—May 16.
35. Proclamation by the King.[59]
Charles R.
Charles by the Grace of God King of Scotland, England, France, and Ireland, Defender of the Faith, to our Lovits, our Sheriffs in that part, conjunctly and severally, specially constitute, Greeting.
Forsamiekle as We are not ignorant of the great Disorders which have happened of late within this Our ancient Kingdom of Scotland, occasioned (as is pretended) upon the introduction of the Service-book, Book of Canons, and High Commission, thereby fearing Innovations of Religion and Laws; for satisfaction of which Fears We well hoped, that the two Proclamations of the eleventh of December, and nineteenth of February, had been abundantly sufficient: nevertheless finding, that Disorders have daily so increased, that a powerful rather than a persuasive way might have been justly expected from Us; yet We, out of Our innate Indulgence to Our People, grieving to see them run themselves so headlong into Ruine, are graciously pleased to try if by a fair way We can reclaim them from their faults, rather than let them perish in the same. And therefore once for all, We have thought fit to declare, and hereby to assure all Our good People, that We neither are, were, nor (by the Grace of God) ever shall be stained with Popish Superstition, but by the contrary are resolved to maintain the true Protestant Christian Religion, already professed within this Our ancient Kingdom. And for further clearing of Scruples, We do hereby assure all men that We will neither now nor hereafter press the practice of the aforesaid Canons and Service-book, or any thing of that nature, but in such a fair and legal way as shall satisfie all Our loving Subjects, that we neither intend Innovation in Religion or Laws; and for the High Commission, We shall so rectifie it, with the help of advice of Our Privy Council that it shall never impugn the Laws, nor be a just Grievance to Our Loyal Subjects. And as hereby it may appear how careful We are to satisfie the foresaid Fears (how needless soever) of our good Subjects[*]. So We do hold Our Selves obliged both in Conscience and Honour, to hinder the course of that which may prejudge that Royal Authority, which God has endued Us with; wherefore, understanding that many of our Subjects have run themselves into seditious and undutiful courses, and willing to reduce them rather by a benign, than forcible mean (because We hope that most of them are drawn thereto, blindly out of fear of Innovations) are content hereby to declare, and promise upon the Word of a King to pardon what is past, and not to take notice of the by-gone faults, no not so much as of those factious and seditious Bonds, upon condition that they seek to Our Mercy by disclaiming the same, and in testification of the true sense of their Misdemeanours, that they deliver up, or continue with their best endeavours to procure the delivering up, of the said Bonds into the hands of Our Council, or such as Our Council shall appoint: Declaring always, likeas We by these presents do declare, all these to be esteemed and reputed as Traitors in all time coming, that shall not renounce and disclaim the said Bond or Bonds, within _____________ after the publication hereof; that is to say, Whosoever will from henceforth be thought a good Subject, and capable of Our Mercy, must either deliver up the same, in case he have it, or concur with his best endeavours to the delivering up thereof, or at least must come to some of Our Privy Council, or chief Officers in Burgh or Land, and testifie to him, that he renounces and disclaims the said Bonds. Our Will is therefore, and We charge you straitly and command, that incontinent this Our Letter seen, &c.
C. R.
The other Proclamation penned by the Marquis agrees with the former, to the place that is marked [*]; after which it follows thus.
So We expect that their behaviour will be such, as may give testimony of their Obedience, and how sensible they are of Our Grace and Favour, that thus pass over their Misdemeanours, and by their future carriage make appear, it was onely the fear of Innovations that caused those Disorders that have happened of late in this Our Kingdom, which now cannot but by this Our Declaration be removed from the hearts of Our loving Subjects: but on the contrary, if we find not this performed with that chearfulness and alacrity that becomes good and obedient Subjects, We declare and hold Our Self obliged in Honour and Conscience, to make use of those forcible means which God hath armed Royal Authority with, for the curbing of disobedient and stubborn People. Our Will therefore is, and we charge you, &c.
C. R.
1638.—May 16.
36. Declaration approved of by the King.[60]
Whereas we were in hope by Our late Proclamations to have given satisfaction to Our People, and to have removed their Mistakings of the Book of Common-prayer, which We caused to be published, having thereby declared, that it never entered into Our thoughts to make any Innovation in Religion and Form of Gods Worship, nay, not to press the said Books upon any of Our Subjects, till by a fair way they were induced to approve the same; yet having understood, that to the contrary (by what means We know not) occasions have been taken to confirm them in their former Mistakings, and to bind them by Oaths and Subscriptions against the Laws established by Our dear Father of blessed memory, and ratified by Our Selves since Our coming to the Crown: howsoever there is in that more than just cause offered to take punishment of such an open Contempt and Rebellion, yet considering that this is not the fault of the simple sort and multitude of People, who have been seduced through specious pretexts, as if nothing were contained in the said Bond or Covenant, as they call it, but the promoting of Gods Glory, the maintaining of Our Honour, and Liberty of the Country, with the preserving of Unity among themselves, We no way willing to use Our people with rigour, or to enquire severely into their errors of that kind, have thought meet to renew Our former Declaration, by assuring them, and every one of them, that Our constant Resolution is, and hath been, to maintain the true Religion professed and established by the Laws of that Our Kingdom, without any Change or Innovation, at the hazard of Our Life and Crown, and that We will not force on Our Subjects either the said Book of Common-prayer, or Book of Canons, till the same be duly examined, and they in their Judgments, satisfied with the legality thereof; nor will We permit the exercise of any Commission upon them, for whatsoever cause, which may give unto them any just cause of Grief and Complaint. Willing therefore and requiring all Our People and Subjects to acquiesce to this Our Declaration, and not suffer themselves to be misled by the private or publick Informations of turbulent spirits, as if We did intend any thing contrary to this Our Profession, having always esteemed it a special point of Royal Dignity, to profess what We intend to doe, and to perform what We do promise; certifying all Our good Subjects, who shall hereupon rest quiet in obedience of God and Us, that We will faithfully perform whatsoever We have declared, whether in this or in Our former Proclamations made to that purpose, and be unto them a good and merciful King: as on the other side, if any shall hereafter make business, and disturb the Peace of that Church and Kingdom, by following their private Covenants, and refusing to be ruled by the Laws established, that We will use the Force and Power, which God hath put into Our hands, for compescing and subduing such mutinous and disobedient Rebels. Given at Our Palace of
1638.—May 16.
37. Queries by Hamilton, and Answers by the King.[61]
Queries whereunto Your Majesties Direction and Resolution is humbly prayed, that accordingly I may govern my self, and be warranted for my Proceedings.
1. If, before the publishing of the Declaration some of the chiefest of the Petitioners may not be prepared, and laboured to conceive aright of the same, and in general acquainted with Your Majesties gracious Intentions?
They may.
2. Where the first meeting of the Council shall be?
Where you shall find most convenient, the City of Edinburgh only excepted.
3. If your Majesty will not permit the Council to sit, where, and in such places as is conceived may tend most for the advancement of your Service?
Yes.
4. If the Declaration shall not be read to the Council, and they required to sign the same?
By all means.
5. If we shall not all swear to give our best assistance for the putting the same in due execution?
Yes.
6. If any Councellour refuse to doe it, what course shall be taken with him?
Dismiss him the Council.
7. If Acts of Council are not to be made, finding that this Declaration ought to free us of the fears of Innovations either of Religion or Laws?
8. If all Councellours are not to be warned to give their attendance till the business be settled?
Yes.
9. If upon the publication of this Declaration there be Protestations made, what course shall be taken?
The Protesters must be proclaimed Rebels.
10. If no Protestations but Petitions of new be presented, either demanding further satisfaction, or adhering to their former, what Answer shall be made, or what course taken?
Ut supra.
11. If they remain still in a Body at Edinburgh or elsewhere, after the Declaration, what course shall be taken?
You must raise what Force you may to treat them as Rebels.
12. If they should petition against the High Commission itself, as not to be introduced without an Act of Parliament, what Answer shall be given?
That they must be content with My Declaration in that point.
13. If against the matter contained therein, it is then desired that those particulars may be expressed that will not be yielded to?
The settling thereof according to My Declaration will answer this.
14. If it be pressed that what is now concluded, concerning the High Commission be ratified in the next Parliament, what Answer shall be given?
If I may be sure that a Parliament will doe it, I shall be content.
15. If they Petition for a Convention, what Answer shall be given?
No Petition must be admitted till the Bond[62] be broken; if after, you may grant it, leaving the time to Me.
16. If they petition for a General Assembly, that it may be once in the year, what Answer shall be given?
I will not be tied, but as I shall find cause.
17. If they petition that the Ministers Oath may be no other than that which the Act of Parliament doth order them to take, what Answer shall be given?
I and the Bishops will consider of it.
18. If they petition that the five Articles of Perth may be held as indifferent, what Answer shall be given?
I will hear of no Petition against an Act of Parliament.
19. If the Town of Edinburgh may not be dealt with apart to petition for Your Majesties Favour, and if they desire that the Council, Exchequer, and Session may be returned them, what Answer shall be given?
Upon their full submission, and renouncing of the Bond, they may have their desires.
20. If the like course may not be taken with some other principal Burghs?
As before.
21. If to gain some leading men from the Party, marks of Your Majesties Favour may not be hoped for?
To some, I; to some, No.
22. If particular men desire either Acts of Council, or Pardons under the Great Seal, what shall be done?
Grant their desires.
23. What Service shall be used in the Chappel Royal?
The English.
24. If the Lords of Council and Session, shall at that time be pressed to receive Kneeling?
This is no time for a Communion, but when there is they must kneel.
25. If thought fit, what shall be done to them that refuse?
Advise of it.
26. If all Acts of Council, that have injoyned the use of the Service-Book, Book of Canons, are not to be suspended, and declared of no force in time coming?
Yes.
27. How far Your Majesty will warrant me to declare Your Pleasure to the Lords of the Clergy, concerning their living within their Diocesses?
I shall do it My Self, but you may tell any of it.
28. How far I may declare Your willingness to give ear to and receive the private Complaints of Your Subjects in general, and in particular against any of the Bishops?
Refuse none.
29. If those Ministers (who have been by the Multitude displaced) are not again to be established?
They must.
30. If in the Abbey-Church the use of the Organs shall be presently enjoyned?
Yes.
31. If those Ministers formerly silenced may not for a time be connived at, and permitted to preach?
If they preach not Sedition.
32. If your Majesty aim at more for the present, than establishing the Peace of the Country?
No more for the present.
33. If more, it is humbly desired, Your Majesty may be pleased to express it?
When time shall be fit.
In execution of all which, or what else Your Majesty shall think fit to command, it is most humbly desired, that I may be so warranted, that the labouring to put them in execution may not turn to my Ruine, nor hazard the losing of Your Majesties Favour, dearer to me than life?
You shall.
1638.—May 16.
38. Instructions by the King to Hamilton.[63]
Charles R.
I. Before you publish the Declaration which We have signed, you shall require all the Council to sign it, and if you find that it may conduce to Our Service, you shall make all the Council swear to give their best assistance in the execution of the same: but this of putting them to their Oaths, We leave to your discretion, to doe as you shall find occasion; but if you shall find it fit to put them to their Oaths, those that refuse must be dismissed the Council till Our further Pleasure be known.
II. We give you Power to cause the Council to sir in whatsoever place you shall find most convenient for Our Service, Edinburgh onely excepted, and to change the Meeting thereof as often as occasion shall require.
III. You may labour to prepare any of the refractory persons to conceive aright of Our Declaration before it be published, so that it be privately and underhand.
IV. You are to get an Act of Council to pass, to declare, that this Declaration of Ours ought to free all honest Subjects from the fears of Innovations of Religion or Laws: but this you are not to propose publickly except you be sure to carry it.
V. If any Protestation be made against Our Declaration, the Protesters must be reputed Rebels, and you are to labour to apprehend the chiefest of them.
VI. If Petitions be presented to demand further satisfaction than that We have already given by Our Declaration, you are to receive them, and to give them a bold Negative, both in respect of the Matter and the Form, as being presented from a Body which you are no ways to acknowledge.
VII. If it should be objected against the High Commission, that it ought not to be introduced but by Act of Parliament: your Answer must be, that We found it left Vs by Our Father, and therefore We meane to continue it, having first regulated it in such a way that it shall be no just Grievance to Our Subjects, or against Our Laws: and when there is a Parliament, We shall be content that it be ratified as We shall now rectifie it.
VIII. If after the limited time in Our Declaration a Body remain at Edinburgh, or elsewhere, you must raise what Force you can to dissipate, and bring them under Our Obedience.
IX. As soon as the Peace of the Country will permit, you are to call a General Assembly for settling of a constant and decent way for Gods Worship; We having resolved to call them, or to permit them to be as often as occasion shall require; We likewise intending to have a Parliament, to ratifie what shall be condescended on at the Assembly.
X. You may say, the Bishops shall impose no other Oath upon Ministers at their Admission, but what is warranted by Act of Parliament.
XI. You are to give direction that the same Service be used in Our Chapel Royal, that was before the enjoyning of the Service-book.
XII. You must admit of no Petition against the 5 Articles of Perth, but for the present you are not to press the exact execution of them.
XIII. Whenever the Town of Edinburgh shall depart from the Covenant, and petition for Our Favour, We will that you bring back the Council and Session to it.
XIV. You shall deny no Pardons nor Acts of Council to any particular persons that shall desire the same for their security.
XV. Some marks of Favour We may be moved to give to particular persons that may deserve the same.
XVI. All Acts of Council that enjoyn the use of the new Service-book are to be suspended, and to be of no force hereafter.
XVII. You shall declare Our pleasure to Our two Archbishops, (as soon as the Country is anyway settled) that it is Our Pleasure, that every Bishop shall live within his own Diocess, except upon his own urgent occasions, or that he be commanded from Us, or the Council, to attend there for Our Service, which I intend as seldom as may be.
XVIII. You shall refuse Complaints against no man in particular, whether Officers of State, Councellours, or Bishops, so that it be against their Persons and not their Places.
XIX. All those Ministers who have been displaced by the seditious multitude, are to be (so soon as conveniently may be) repossessed again as they were.
XX. As for silenced Ministers, you may connive at their Preaching, if you find it may tend to the quieting of the Country.
XXI. For the Organs in the Abby-Church, We leave them to your discretion when to be used, and to advertise Me of your opinion.
XXII. You are to cause insert 6 weeks in Our Declaration for the delivery up of the Covenant, and if you find cause, less.
XXIII. You shall declare, that if there be not sufficient Strength within the Kingdom to force the refractory to Obedience, Power shall come from England, and that My Self will come in Person with them, being resolved to hazard My Life rather than to suffer Authority to be contemned.
XXIV. If you shall find cause, you are to raise a Guard of 200 or more, to attend Our Council.
XXV. You may treat with the Earl of Marr for the keeping of our Castles of Edinburgh and Sterlin, and for the present he must be charged with their safe Custody.
XXVI. You shall take seriously into consideration the Copper-coyn, and declare Our willingness to remedy the Evils that have risen thereby; or what else the Subjects may justly complain of.
XXVII. You may declare, that as We never intended to assume the Nominating the Provost of Our Town of Edinburgh, so We mean not by Our too frequent Letters to hinder the free Election of their own Officers.
XXVIII. You may likewise declare, (if you find cause) that as We never did, so by Gods Grace We never will stop the course of Justice by any private directions of Ours; but will leave Our Lords of Session, and other Judges, to administer Justice, as they will be answerable to God and Us.
If you cannot by the means prescribed by Us bring back the refractory and seditious to due Obedience, We do not onely give you Authority, but command all hostile Acts whatsoever to be used against them, they having deserved to be used no other way by Us, but as a Rebellious People; for the doing whereof We will not onely save you harmless, but account it as acceptable Service done Us.
Such of these Instructions, as you shall find cause, We give you leave to divulge and make use of as you find Our Service shall require.
C. R.
At Whitehall the
16th May, 1638.
1638.—May 20.
39. Commission to Hamilton as Commissioner to Scotland.[64]
Carolus Dei gratiâ Magnæ Britanniæ, Franciæ, & Hiberniæ, Rex, fideique Defensor: Omnibus probis hominibus suis ad quos præsentes literæ pervenerint, Salutem. Sciatis nos considerantes magnos in hoc regno nostro Scotiæ non ita pridem exortos tumultus, ad quos quidem componendos, multiplices regiæ nostræ voluntatis declarationes promulgavimus, quæ tamen minorem spe nostrâ effectum hactenus sortitæ sunt; Et nunc statuentes, ex pio erga dictum antiquum regnum nostrum affectum, ut omnia gratiosè stabiliantur & instaurentur, quod (per absentiam nostram) non aliâ ratione commodius effici potest, quâm fideli aliquo Delegato constituto, cui potestatem credere possumus tumultus ejusmodi consopiendi, aliaque officia præstandi, quæ in bonum & commodum dicti antiqui regni nostri eidem Delegato nostro imperare nobis videbitur: Cumque satis compertum habeamus obsequium, diligentiam, & fidem prædilecti nostri consanguinei & consiliarii Jacobi Marchionis Hamiltonii, Comitis Arraniæ & Cantabrigiæ, Domini Aven & Innerdail, &c. eundemque ad imperata nostra exequenda sufficientèr instructum esse: Ideircò fecisse & constituisse, tenoreque præsentium facere & constituere præfatum prædilectum nostrum consanguineum & consiliarium Jacobum Marchionem de Hamiltoun, &c. nostrum Commissionarium ad effectum subscriptum: Cum potestate dicto Jacobo Marchioni de Hamiltoun, &c. dictum regnum nostrum adeundi, ibidemque præfatos tumultus in dicto regno componendi, aliaque officia à nobis eidem committenda in dicti regni nostri bonum & commodum ibi præstandi: Eoque Concilium nostrum quibus locis & temporibus ei visum fuerit convocandi, ac rationem & ordinem in præmissis exequendis servandum declarandi & præscribendi: Et quæcunque alia ad commissionis hujus capita pro commissa ipsi fide exequenda, eandemque ad absolutum finem perducendam & prosequendam conferre possunt tam in Concilio quâm extra Concilium nostro nomine efficiendi & præstandi; Idque similiter & adeò liberè acsi Nos in sacrosancta nostra persona ibidem adessemus. Et hac præsenti nostrâ commissione durante nostro beneplacito duratura ac semper & donec eadem per nos expressè inhibeatur. In cujus rei testimonium præsentibus magnum sigillum nostrum apponi præcepimus. Apud castrum nostrum de Windsore vigesimo die mensis Maii anno Domini millesimo sexcentesimo trigesimo octavo, Et anno regni nostri decimo quarto.
Per signaturam manu S. D. N. Regis
suprascriptam.
1638.—June 11.
40. Letter from the King to Hamilton.[65]
Hamilton,
Though I answered not yours of the fourth, yet I assure you that I have not been idle, so that I hope by the next week I shall send you some good assurance of the advancing of our Preparations. This say not to make you precipitate any thing, (for I like of all you have hitherto done, and even of that which I find you mind to doe;) but to shew you that I mean to stick to my Grounds, and that I expect not any thing can reduce that People to their Obedience, but onely force. I thank you for the clearness of your Advertisements, of all which none troubles me so much, as (that in a manner) they have possessed themselves of the Castle of Edinburgh; and likewise I hold Sterlin as good as lost. As for the dividing of my Declaration, I find it most fit (in that way you have resolved it;) to which I shall adde, that I am content to forbear the latter part thereof, until you hear my fleet hath set sail for Scotland. In the mean time your care must be how to dissolve the Multitude, and (if it be possible) to possess your self of my Castles of Edinburgh and Sterlin, (which I do not expect.) And to this end I give you leave to flatter them with what hopes you please, so you engage not me against my Grounds, (and in particular that you consent neither to the calling of Parliament nor General Assembly, untill the Covenant be disavowed and given up;) your chief end being now to win time, that they may not commit publick Follies untill I be ready to suppress them: and since it is (as you well observe) my own People, which by this means will be for a time ruined, so that the loss must be inevitably mine; and this if I could eschew, (were it not with a greater) were well. But when I consider, that not onely now my Crown, but my Reputation for ever, lies at stake, I must rather suffer the first, that Time will help, than this last, which is irreparable. This I have written to no other end, than to shew you I will rather die than yield to those impertinent and damnable Demands, (as you rightly call them;) for it is all one as to yield to be no King in a very short time. So wishing you better success than I can expect, I rest
Your assured constant Friend,
Charles R.
Greenwich, 11 June, 1638.
Postscript.—As the Affairs are now, I do not expect that you should declare the Adherers to the Covenant Traitors, until (as I have already said) you have heard from me that my Fleet hath set sail for Scotland, though your six weeks should be elapsed. In a word, gain time by all the honest means you can, without forsaking your Grounds.
1638.—June 13.
41. Letter by the King to Hamilton.[66]
Hamilton,
The dealing with Multitudes makes diversity of Advertisement no way strange, and certainly the alteration from worse to less ill cannot be displeasing; wherefore you may be confident, I cannot but approve your Proceedings hitherto, for certainly you have gained a very considerable point, in making the heady Multitude begin to disperse, without having engaged me in any unfitting thing. I shall take your advice in staying the publick Preparations for Force; but in a silent way (by your leave) I will not leave to prepare, that I may be ready upon the least advertisement. Now I hope there may be a possibility of securing my Castles, but I confess it must be done closely and cunningly. One of the chief things you are to labour now, is to get a considerable number of Sessioners and Advocates, to give their opinion that the Covenant is at least against Law, if not treasonable. Thus you have my Approbation in several shapes, therefore you need not doubt but that I am
Your assured constant Friend,
Charles R.
Theobalds, 13 Jun. 1638.
1638.—June 13.
42. Draft of Explanations of Covenant proposed by Spottiswood.[67]
We the Noblemen, Barons, Burgesses, Ministers, and others, that have joyned in a late Bond or Covenant for the maintaining of true Religion and purity of Gods Worship in this Kingdom, having understood that Our Sovereign Lord the Kings Majesty is with this our doing highly offended, as if we thereby had usurped his Majesties Authority, and shaken off all Obedience to His Majesty and to His Laws; for clearing ourselves of that imputation do hereby declare, and in the presence of God Almighty solemnly protest, that it did never so much as enter into our thoughts, to derogate any thing from his Majesties Power and Authority Royal, or to disobey and rebell against His Majesties Laws, and that all our proceedings hitherto by Petitioning, Protesting, Covenanting, and whatsoever other way, was and is onely for the maintaining of true Religion by us professed, and with express reservation of our Obedience to His most Sacred Majesty; most humbly beseeching His Majesty so to esteem and accept of us, that he will be graciously pleased to call a National Assembly and Parliament, for removing the Fears we have not without cause (as we think) conceived of introducing in this Church another form of Worship than what we have been accustomed with, as likewise for satisfying our just Grievances, and the settling of a constant and solid Order to be kept in all time coming, as well in the Civil and Ecclesiastical Government; which if we shall by the intercession of Your Grace obtain, we faithfully promise, (according to our bounden duties) to continue in His Majesties Obedience, and at our utmost powers to procure the same during our Lives, and for the same to rest and remain
Your Graces obliged Servants, &c.
1638.—June 20.
43. Letter by the King to Hamilton.[68]
Hamilton,
I do not wonder, though I am very sorry for your last Dispatch, to which I shall answer nothing concerning what you have done, or mean to doe, because I have approved all, and still desire you to believe I do so, untill I shall contradict it with my own Hand. What now I write is, first to shew you in what Estate I am, and then to have your Advice in some things. My Train of Artillery consisting of 40 Peece of Ordnance (with the appurtenances) all Drakes, (half and more of which are to be drawn with one or two Horses apiece) is in good forwardness, and I hope will be ready within six weeks; for I am sure there wants neither Money, nor Materials to doe it with. I have taken as good order as I can for the present, for securing of Carlisle and Berwick; but of this you shall have more certainty by my next. I have sent for Arms to Holland, for 14000 Foot and 2000 Horse: for my Ships they are ready, and I have given Order to send three for the Coast of Ireland immediately, under pretence to defend our Fishermen. Last of all, which is indeed most of all, I have consulted with the Treasurer and Chancellour of the Exchequer, for Money for this years Expedition, which I estimate at two hundred thousand pounds Sterlin, which they doubt not but to furnish me; more I have done, but these are the chief heads. Now for your Advice, I desire to know whether you think it fit that I should send six thousand Land-men with the Fleet that goes to the Frith, or not; for since you cannot secure me my Castle of Edinburgh, it is a question whether you can secure the landing of those men, and if with them you can make your self Master of Leith, to fortifie and keep it: of this I desire you to send me your Resolution with all speed. I leave it to your consideration, whether you will not think it fit to see if you can make all the Guns of the Castle of Edinburgh unserviceable for any body, since they cannot be useful for me. Thus you may see, that I intend not to yield to the Demands of those Traitors the Covenanters, who I think will declare themselves so by their Actions, before I shall doe it by my Proclamation; which I shall not be sorry for, so that it be without the personal hurt of you, or any other of my honest Servants, or the taking of any English place. This is to shew you, that I care not for their affronting or disobeying my Declaration, so that it go not to open mischief, and that I may have some time to end my Preparations. So I rest
Your assured constant Friend,
Charles R.
Greenwich, 20 June, 1638.
1638.—June 23.[69]
44. To his Maiesties Commissioner, the supplicatione of the noblemen, barrons, burgesse, ministers and comons, heir attending his Maiesties gratious anssuer to our former petitions, complaintes and desyres, humblie shewing,
That quheras wee, expecting from your Grace, as his Maiesties Commissioner, ane gratious anssuer to our former suplications, complaintes and just desyres, haue presentit to your Grace ane petitione, humblie crauing a free generall assembley and parliament, as the ordinar remedy of our griuances, the onlie meine to put this kirke and kingdome to quyetnesse.
It pleased your Grace to show that his Maiestie, from his princely caire of this kirke and kingdome, walde be most willing to indicte a free generall assembley, and call ane parliament for thesse good endes; bot that your Grace, as his Maiesties, hath conceaued the Confession of Faith and couenant, laitly renewed by ws his Maiesties subiects, to be ane vnlawfull combination aganist athority, therby to cast off our deutifull obedience, and not ane couenant for manteining of the trew religion, of his Maiesties persone and authority, and of the lawes and liberties of the kingdome; and wee being most willing to remoue that impediment, as the maine hinderance for obteining our desyres, therfor, and for cleiring of our loyaltie and windicating ourselues from so grate ane imputatione, wee doe now, in all humility, remonstrat to your Grace, as his Maiesties commissioner, and declairs before God and men, that wee ar heartily griued and sorey, that aney good man, bot most of all that our dreid souerainge should so conceaue of our doing, and that wee wer and still are so far from aney thought of withdrawing ourselues from our deutifull subiection and obedience to his Maiesties gouerniment, wich by the discent, and wnder the rainge of 107 kinges, is most cheirfully acknouledged by ws and our prædicessors. That wee neuer had nor haue aney intentione ore desyre to attempte aney thing wich may turne to the dishonor of God, ore to the diminutione of the Kinges gratnes and authority; bot one the contrarey wee acknouledge our quietnesse, stability and happines, to depend wpone the saftie of the Kinges Maiestie, as vpone Gods vicegerent sett ouer ws for mantinence of religion and administratione of justice, haue solemlie suorne, not only our mutuall concurrence and assistance for the causse of religion, bot also to the wttermost of our power, with our means and our liues, stand to the defence of our dread souerainge, the Kinges Maiesty, his persone and authority, in the preseruatione and defence of the trew religion, lawes and liberties of the kingdome: and therfor wee, his Maiesties loyall subiects, free from that and all other imputations of that kynd, most humblie beseiches your Grace to esteime our Confessione of Faith and couenant, to haue beine intendit, and to be the largest testimoney of our fidelity to God, and loyaltie to our Kinge; and that hinderance being remoued, most still supplicat your Grace wald be pleased to indicte a free generall assembley and parliament, quhilk will vndoubtedly redresse all our eiuells, sothe the peace of this kirke and kingdome, and procure that cheerfulnesse of obedience, quhilk is dew to be randred to his Maiestie, carrinng with it the offer of our fortuns and best indeuors for his Maᵗⁱᵉˢ honor and happines, as ane reall testimoney of our thankefullnes, praying God that his Maiesty may long and happily raing ouer ws.
1638.—June 25.
45. Letter from the King to Hamilton.[70]
Hamilton,
I must needs thank you that you stand so close and constantly to my Grounds, and you deserve the more since your fellow-Counsellours do rather dishearten than help you in this business, for which I swear I pity you much. There be two things in your Letter that require Answer, to wit, the Answer to their Petition, and concerning the Explanation of their damnable Covenant; for the first, the telling you that I have not changed my mind in this particular, is Answer sufficient, since it was both foreseen by me, and fully debated betwixt us two before your down-going; and for the other, I will onely say, that so long as this Covenant is in force, (whether it be with or without Explanation) I have no more Power in Scotland than as a Duke of Venice; which I will rather die than suffer: yet I commend the giving ear to the Explanation, or any thing else to win Time, which now I see is one of your chiefest cares, wherefore I need not recommend it to you. Another I know is, to shew the World clearly, that my taking of Arms is to suppress Rebellion, and not to impose Novelties, but that they are the seekers of them; wherefore if upon the publishing of my Declaration a Protestation should follow, I should think it would rather doe right than wrong to my Cause; and for their calling a Parliament or Assembly without me, I should not much be sorry, for it would the more loudly declare them Traitors, and the more justifie my Actions; therefore in my mind my Declaration would not be long delayed: but this is a bare Opinion and no Command. Lastly, my resolution is to come my self in person, accompanied like myself, Sea-forces nor Ireland shall not be forgotten; the particulars of which I leave to the Comptrollers relation, as I do two particulars to the Archbishop of Canterbury, which you forgot to mention in my Letter: and so I rest
Your assured constant Friend,
Charles R.
Greenwich, 25 June, 1638.
1638.—June 28.
46. Proclamation.[71]
Charles by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith. To our Lovits ________________________ Heraulds _____________________________ Messengers, our Sheriffes in that part, conjunctly and severally specially constitute greeting. Forsameikle as we are not ignorant of the great disorders, which have happened of late within this Our ancient Kingdome of Scotland, occasioned, as is pretended, upon the introduction of the Service Book, Book of Canons, and High Commission, thereby fearing innovation of Religion and Laws. For satisfaction of which fears, We well hoped, that the two Proclamations of the eleventh of December, and nineteenth of February, had been abundantly sufficient: Neverthelesse, finding that disorders have daily so increased, that a powerfull rather then perswasive way, might have been justly expected from Us: Yet We out of Our innative indulgence to Our people, grieving to see them run themselves so headlong into ruine, are graciously pleased to try, if by a faire way We can reclaime them from their faults, rather than to let them perish in the same. And therefore once for all We have thought fit to declare, and hereby to assure all Our good people, that We neither were, are, nor by the Grace of God ever shall bee stained with Popish superstition: But by the contrary, are resolved to maintain the true Protestant Christian Religion already profest within this Our ancient Kingdome. And for farther clearing of scruples, We do hereby assure all men, that We will neither now nor hereafter presse the practice of the foresaid Canons and Service Book, nor any thing of that nature, but in such a faire and legall way, as shall satisfie all Our loving subjects, that We neither intend innovation in Religion or Lawes. And to this effect have given order to discharge all Acts of Councel made thereanent. And for the high Commission, We shall so rectifie it with the help of advice of Our privie Councel, that it shall never impugne the Lawes, nor bee a just grievance to Our loyall subjects. And what is farder fitting to be agitate in generall Assemblies and Parliament, for the good and peace of the Kirk, and peaceable government of the same, in establishing of the Religion presently profest, shall likewise be taken into Our Royall consideration, in a free Assembly and Parliament, which shall be indicted and called with Our best conveniencie. And We hereby take God to witnesse, that our true meaning and intention is, not to admit of any innovations either in Religion or Laws, but carefully to maintain the purity of Religion already profest and established, and no wayes to suffer Our Lawes to be infringed. And although We cannot be ignorant, that there may be some dis-affected persons who will strive to possesse the hearts of Our good subjects, that this Our gracious declaration is not to be regarded; Yet We do expect that the behaviour of all Our good and loyall subjects will be such, as may give testimonie of their obedience, and how sensible they are of our grace and favour, that thus passeth over their misdemeanours, and by their future carriage make appeare, that it was only feare of innovation, that hath caused the disorders which have happened of late within this Our ancient Kingdome. And are confident, that they will not suffer themselves to be seduced and mis-led, to misconstrue Us or Our actions, but rest heartily satisfied with Our pious and real intentions, for maintenance of the true Religion and Lawes of this Kingdome. Wherefore We require and heartily wish all Our good people carefully to advert to these dangerous suggestions, and not to permit themselves, blindely under pretext of Religion, to be led in disobedience, and draw on infinitely, to Our grief, their own ruine, which We have, and still shall strive to save them from, so long as We see not royall Authoritie shaken off. And most unwillingly shall make use of that power which God hath endued Us with, for reclaiming of disobedient people.
Our will is herefore, and Wee charge you straightly and command, that incontinent these Our Letters seene, you passe to the market crosse of Our Burgh of Edinburgh, and all other places needfull, and there by open Proclamation make publication hereof to all and sundry Our good subjects, where through none pretend ignorance of the same. The which to do, We commit to you conjunctly and severally Our full power, by these Our Letters, delivering the same by you duely execute and indorsed againe to the Bearer. Given at Our Court of Greenwich the twenty eight day of June, and of Our Reigne the thirteenth yeer. 1638.
Per Regem.
1638.—June 28.
47. The Protestation of the Noblemen, Barons, Gentlemen, Burrows, Ministers and Commons, &c.[72]
Wee Noblemen, Barons, Gentlemen, Burgesses, Minnisters, and Commons, That whereas wee the Kings Majesties true and loyall Subjects, who have ever esteemed it our greatest happinesse to live under a religious and righteous King, and our greatest glory to testifie our best affections to our gracious Soveraign, have beene in His Majesties absence from this His native Kingdome heavily pressed for a long time past, And especially of late, with diverse innovations, which both in themselves, and in the way wherein they have beene urged, doe manifestly tend to the prejudice of the Kings honour, and of our Religion, Laws and Liberties, And by which we were brought to such extremitie, that there was no way left betwixt the rock of excommunication, and the high paine of rebellion on the one part, and the desperate danger of forsaking the way of true Religion and the breach of our Covenant with God on the other, but to represent our cause, and present our supplications to the Lords of secret Councell, that being equally pondered by them, they might either be answered by themselves, or by their recommendation might ascend to his Majesties owne consideration: And therefore in all humble manner we did to this effect supplicate their Lordsh: we were most willing (for the modest following of our supplications) to obey their direction in chusing Commissioners, for the great number of supplicants, who flocked together from all quarters of the Kingdome; were carefull to order our selves in all Christian and quiet carriage, and, against the tediousnesse of many and long delaies, did wait for a long time with very great patience, till at last they were pleased to receive our supplications, complaints, and bills: And conceiving them to containe weightier matters then could by themselves bee determined, they did promise and undertake to represent and recommend the same, according to their more then ordinary importance, unto his Majesties Royall consideration, and to report his Majesties answer.
While his Majesties good Subjects of all ranks, throughout the whole Kingdome, had their minds wakened, and their hearts filled with the expectation of a gracious and satisfactorie answer, worthy of his Majesties pious and equitable disposition, in the month of February last incontinent a rumour flyeth through the Countrie, and filleth all eares, That the Lords of his Majesties secret Councell were commanded to make such a Proclamation concerning the Service Booke, Booke of Canons, and the peaceable meetings of his Majesties good Subjects in time comming, as we were perswaded to have beene procured by the secret working, and malignant mis-information of our adversaries, seeking for their owne private ends, without respect to his Majesties honour, and welfare of this Kirk and Kingdome, to stop the course of our legall proceedings, and to escape their owne due censure: And therefore intending to make knowne to the Lords of secret Councell what was noised concerning the Proclamation: how far the whole Kingdome had been by some sinistrous mis-information frustrate of their hopes, and their constant desire to have some course taken by their Lordsh: advice; how his Majestie being further informed, might deliver his good subjects from so great grievances and feares, and establish a sure peace in this Countrie for time to come; we found our selves tyed by order of Law to decline those against whom we had made our complaint, unlesse we would admit our parties to be our Judges: And in case our Declinator should not be accepted, we behoved to protest, that we might have immediate recourse to the King himselfe, &c.
Thereafter in the Moneth of March, finding that by the foresaid Proclamation the innovations supplicated against were approven, our lawfull proceedings condemned, our most necessary meetings prohibited, there being no other way left unto us, wee were necessitate to renew the nationall Covenant of this Kirk and Kingdome, thereby to reconcile us to God, provoked to wrath against us, by the breach of his Covenant within this Land, to cleare our Soveraigns mind from all jealousies and suspicions, arising from our adversaries mis-information of our intentions and carriage; and so to make way for his acceptance of our humble supplications, and grant of their lawfull remedies, to guard this Land in defence of Religion, Authority and liberty against inward divisions, and externall violences. And that our actions might be answerable to our holy profession, we afterward drew up an humble supplication, containing our grievances, and desires of the ordinary remedies thereof, to have beene delivered to the King himselfe: In the meane time we were directed by those who were intrusted by his Majesty, to attend his Declaration here in Scotland, which would free us of all feares of innovations of Religion, and prove satisfactorie: And lest for want of true information of our just grievances and desires it should fall out otherwise, wee expressed to them, with the greatest modestie we could, our desires in some few Articles, and with great patience have attended his Majesties pleasure thereanent: And all this moneth by-gone being frequently conveened to heare the same delivered by his Majesties Commissioner, the right Noble and potent Lord James Marquesse of Hamiltoun, &c. we presented a new petition to his Grace as his Majesties Commissioner, craving most humbly the indiction of a free Assembly and Parliament, as the onely remedies thereof: Likeas finding a mis-information or mistake of our Covenant with God, as if it had beene an unlawfull combination to bee the maine hinderance of obtaining our desires, in a new supplication; wee have fully removed that impediment, renewed our desires of those supreme judicatories, to bee indicted with diligence, for settling of the Kirk and Kingdome: But being answered only with delayes after these nine Moneths attendance, and with this Proclamation that conteined his Majesties gracious declaration of his pious intentions, not to admit of any innovations in Religion or Law, nor any staine of Popish superstition, But on the contrary to be resolved to maintaine the true Christian Religion professed in this Kingdome; which we were, ever so far from calling in question, as in our supplications, complaints and bills, we used the same as one cause of our desires, one ground of our confidence of a gracious answer, and argument of our adversaries malignant mis-information of so religious a King: And now most humbly (with bended knees and bowed hearts) thanke our gracious Soveraigne for the same, Wishing and praying the Lord of heaven truly and fully to informe his Majestie how far these bookes, judicatories, and all our other evils and grievances are full of idolatrous superstitions, and Popish errours, How destructive of the reformation of Religion in this Land, and of the Lawes and Liberties of this Church and Kingdome, and so directly contrary to this his Majesties pious intention and declaration.
Yet seeing that no Proclamation could sufficiently remove the present evils, nor settle our feares, nor secure us from the re-entrie of any evil or Innovation, which it seemed to discharge, or prevent the like in time comming, nor satisfie our humble supplications, craving the present indiction of a free Assembly and Parliament, as the onely remedies of our evils, and meanes to prevent the like: And seeing this Proclamation doth not so much as make mention, or acknowledge any of our supplications, complaints and grievances, or any just cause thereof, except under the name of great increase of disorders, faults, and mis-demeanours, but only our feares of some future Innovation of Religion or Lawes, occasioned onely (as is pretended) by the introduction of the Service Booke, Booke of Canons, and High Commission; which feares his Majestie hoped to have beene abundantly and sufficiently satisfied by his two former proclamations of the ninth of December, and nineteenth of February. And by this his present Declaration, except his subjects bee blindely (under pretext of Religion) led unto disobedience, Doth mis-ken, passe over, and so in effect denie all our supplications, bills, articles, and desires, especially our complaints against the Prelates our parties. And, that once for all, in a faire and perswasive way, even after the resaite of our last supplication, clearing us from the calumnie of unlawfull combination; Doth not disallow nor discharge any of the innovations and evils complained upon, but onely assureth that his Majestie will not presse their practice, but in such a faire and legall way as shall satisfie his subjects of his intention; which (joyned with the other clause, allowing and confirming the Proclamation the nineteenth of February) evidenceth the liberty left to any Prelate or persons to practice the same, and by all other faire waies to perswade others thereunto; and his Majesties resolution to presse their practice in a faire and legall way: And also confirmeth the former Declaration, That the Service Booke is a ready meane to maintaine the true Religion already professed, and to beat out all Superstition, and no waies to be contrary to the Lawes of this Kingdome, but to be compiled and approved for the universall use and edification of all his Majesties subjects; Doth not abolish, but promiseth to rectifie the High Commission, with advice of his Privie Councell, implying the Kings power, with consent of the Councell, to establish this or any judicatory within this Kingdome, without consent of the three Estates conveened in Parliament, contrary to the fundamentall and expresse Lawes thereof; and by consequent with the like reason, to establish Lawes and Service Bookes, without consent of the Assembly and Parliament; Which is contrary to the maine ground of all our supplications, against the manner of their introduction; Doth only promise to take into his consideration in an Assembly and Parliament, which shall bee called at his best convenience, while as the evident and urgent necessity for settling the combustions threatening the totall dissolution and desolation of this Church and State, excuseth our uncessant and importune calling for these present remedies; Doth insinuate the continuance and execution of any pretended lawes for these innovations of worship, and corruptions of Church governmen, and civill places of Church-men, which by our Covenant wee have obliged our selves to forbeare; and the re-establishment of these evils in an Assembly and Parliament, which he will call in his best convenience, to wit, for that and this other end of satisfying his subjects judgements anent the Service Booke and Booke of Canons; Doth condemne all our former proceedings, even our supplicating, complaining, protesting, subscribing of our Covenant together, and our continuall meetings, as great disorders, increase of disorders, deserving justly a powerfull rather then a perswasive way, a running headlong into ruine, a perishing in our faults, a blind disobedience under pretext of Religion, and doth threaten & denounce, Now once for all, If we be not heartily satisfied, and give testimony of our obedience after this Declaration, but continue, as by our former proceedings, to draw on our owne ruine, that, albeit unwillingly, he must make use of that power which God hath indued him with, for reclaiming of so disobedient people.
Therefore we, in our own name, and in name of all who will adhere to the Confession of Faith, and reformation of Religion within this Land, are forced and compelled, out of our bound duty to God, our King, native Country, our selves and our posterity, (lest our silence should be prejudiciall to so important a cause, as concernes Gods glory and worship, our Religion and salvation, the Lawes and Liberties of this Church and Kingdome, or derogatory to our former supplications, complaints, protestations, Articles and proceedings, or unanswerable to the solemne oath of our nation covenant with God) To declare before God and man, and to protest, Primo, That we doe, and will constantly adhere, according to our vocation and power, to the said Reformation, in doctrine, use of Sacraments, and discipline; And that notwithstanding of any innovations introduced therein, either of old or of late. Secundo, we protest, That we adhere to the grievances, supplications, and protestations given in at Assemblies and Parliaments, and to our late supplications, complaints, protestations, and other lawfull proceedings against the same, and particularly against the Service book, and booke of Canons, as maine innovations of Religion and Lawes, and full of Popish superstition, and so directly contrary to the Kings Declaration, And against the High Commission, as a judicatory established contrary to the Lawes and Liberties of this Church and Kingdome, and destructive of other lawfull judicatories, which both in respect of the nature of it, manner of introduction, without consent of the three Estates of Parliament, cannot be any wayes rectified, but absolutely discharged: Tertio, we protest, That we adhere with our hearts to our Oath and subscription of the Confession of Faith, the solemne Covenant betweene God, this Church and Kingdome, and the clauses particularly therein expressed and generally contained, and to our last Articles for the peace of this Kirke and Kingdome, drawne out of it, and to all the matters therein contained, and manner of remedy therein desired. Quarto, We protest, that this Proclamation, or act of Councell, or any other act, or Proclamation, or Declaration, or ratification thereof, By subscription, or act, or letter, or any other manner of way whatsoever, or any precondemnation of our cause or carriage, before the same be lawfully heard and tryed in the supreme judicatories of this Kirk and Kingdome, the onely proper judges to nationall causes and proceedings, or any certification or threatning therein denounced, shall no waies be prejudiciall to the Confession of Faith, lawes, and liberties of this Kingdome, nor to our supplications, complaints, protestations, articles, lawfull meetings, proceedings, pursuits, mutual defences, nor to our persons and Estates, and shall no wayes be disgracefull either in reality or opinion, at home or abroad, to us or any of us: But on the contrary, that any act, or letter, or subscription of the Councell, carrying the approbation of the declaration, and condemnation of our proceedings, indicta causa, is and ought to be repute & esteemed unjust, illegall & null, as here before God and man we offer to clear, & to verifie both the justice of our cause and carriage, and the injustice of such acts against us, in the face of the first generall Assembly of the Church & Parliament of the Estates, unto whom with all solemnities requisite, we do publikly appeal. Quinto, We protest, that seeing our former supplications, last Articles, & our last desire and petition to his Majesties Commissioner, which petitioned for the present indiction of a free general Assembly & Parliament, according to the law and custome of all nations, & of this nation in the like case, to hear the desires, ease the grievances, & settle the fears of the body of the Church & Kingdome, are thus delayed, & in effect refused, to wit, Once for all, till his Majesties conveniency for the end contained in this Proclamation, that We continue by thir presents to supplicate his Majesty again and again, for the granting of the same: And whatsoever trouble or inconvenience fall out in this land in the mean time, for want of these ordinary remedies, and by the practice of any of these innovations & evils, contrary to our supplications, articles, & confession, it be not imputed unto us, who most humbly beg these lawfull remedies, but also that it is, & shall be lawfull unto us, to defend and maintain the Religion, lawes and liberties of this Kingdome, the Kings Authority in defence thereof, & every one of us one another in that cause, of maintaining the Religion, and the Kings foresaid Authority, according to our power, vocation and Covenant, with our best counsel, bodies, lives, means, & whole strength, against all persons whatsoever, and against all externall or internall invasions menaced in this proclamation. Like as that in the great exigencie of the Church, necessitating the use of this ordinary and lawfull remedies for settling the commotions thereof, it is and shall be leasome unto us to appoint, hold and use the ordinary means, our lawfull meetings and Assemblies of the Church agreeable to the law of God, and practice of the primitive Church, the Acts of the generall Assemblies, and Parliaments, and the example of our Worthy Reformers in the like case. Sexto, We protest, that our former Supplications, Complaints, Protestations, Confessions, meetings, proceedings and mutual defences of every one another in this cause, as they are, and were in themselves most necessary, and orderly meanes agreeable to the lawes & practice of this Church and Kingdome, to be commended as reall duties of faithfull Christians, loyall Subjects, and sensible members of the body of the Church and Kingdome, and no wise to be stiled nor accounted great disorders, misdemeanours, blind disobedience under pretext of Religion, and running headlong into ruine, &c. So they proceeded only from conscience of our duty to God, Our King, native countrey, and our posterity, and doth tend to no other end, but to the preservation of the true reformed Religion, the confession of Faith, Lawes, and Liberties of this His Majesties most ancient Kingdome, and of His Majesties authority in defence thereof, and satisfaction of our humble desires, contained in our supplications, complaints and articles, unto the which we adhere againe and again, as we would eschew the curse of the Almighty God, following the breach of his Covenant: And yet we doe certainly expect, according to the Kings Majesty his accustomed goodnesse and justice, that his sacred Majestie after a true information of the justice of our cause and carriage, will presently indict these ordinary remedies of a free Assembly and Parliament, to our just supplications, complaints, and articles, which may be expected, and useth to be granted from so just and gracious a King, towards most loyall and dutifull subjects, calling for redresse of so pressing grievances, and praying heartily that His Majestie may long and prosperously reigne over us.
Whereupon a noble Earle John Earle of Cassles, &c. in name of the Noblemen, M. Alexander Gibson younger of Dury in name of the Barons, James Fletcher Provost of Dundy in name of the Burrowes, M. John Ker Minister at Salt-prestoun in name of the Ministers, and Master Archibald Johnston Reader hereof, in name of all who adheres to the Confession of Faith and Covenant lately renewed within this Kingdome, tooke Instruments in the hands of three Notars present, at the said mercat Crosse of Edinburgh, being invironed with great numbers of the foresaid Noblemen, Barons, Gentlemen, Borrows, Ministers and Commons, before many hundred witnesses, and craved the extract thereof: And in token of their dutifull respect to his Majesty, confidence of the equity of their cause, and innocency of their carriage, and hope of his Majesties gracious acceptance, they offered in all humility, with submisse reverence, a copie thereof to the Herauld.
1638.—June 29.
48. Letter from the King to Hamilton.[73]
Hamilton,
Yours of the 24th (though it be long) requires but a short Answer, it being onely to have leave to come up, which is grounded upon so good reason, that I cannot but grant it. Some Considerations in the mean time I think fit to put to you; first, to take heed how you engage your self in the way of Mediation to me; for though I would not have you refuse to bring up to me any Demand of theirs to gain time, yet I would not have you promise to mediate for any thing that is against my Grounds; for if you do, I must either prejudice my self in the granting, or you in denying: then, I would have you take care, that no more Subscriptions be urged upon any, especially of Council or Session: lastly, that you leave such encouragement to these few, that have not yet forsaken my Cause, that they may be assured (as well as I) that your up-coming is neither to desert them nor it. And thus certainly if (as you write) you get the mutinous Multitude once dispersed, you will have done me very good Service; for I am confident that my Declaration published before your coming away, (according to the Alterations that I have given you leave to make) will give some stop to their Madnesses: however your endeavours have been such, that you shall be welcom to
Your assured constant Friend,
Charles R.
Greenwich, 29 June, 1638.
1638.—June 29.
49. Letter from the Bishop of Ross to Hamilton.[74]
My Lord, may it please your Grace,
We are exceeding sorry to hear that the success of your Lordships Travels in this difficult Business, is otherwayes than good Christians and Subjects do wish, and heartily pray for; but on the other part, are glad to hear from our Friends there, that, whereof we were ever confident, that nothing is omitted by your Lordship to effectuate what is necessary for His Majesties Honour, and expedient for the good and quiet of that poor distracted and distempered Kingdom. For my own part give me leave, without either flattery or presumption, to say ingenuously, that the Course your Lordship keeps, seemeth to be such as all good and wise men must approve your Lordships wisdom and Loyalty. Infallibly the fruit will be, besides the Warrant your Lordship hath in your own Conscience by this Noble and Wise carriage, your Lordship must be more (if any accrewment can be to former Deserts) beloved of your Master: it will indear your Lordship more to all good, wise, and well-affected Patriots, and oblige all, especially honest Church-men, to be your Servants. It cannot seem strange to any wise heart, who looks on the Distemper of that Kingdom, wherein is the concourse of so many different and divers Distempers, where so many of all sorts of different Judgements, and no less variety of Affections, are so strongly engaged, and where many have their own private ends; that the best, wisest, and most powerful Agents, are not able on a sudden to rectifie their Judgements, cure their Affections, and by disappointing the private intentions of some to reduce all to Order, Peace, and Quiet. In any great Work of this strain, we must all rely somewhat more on the wise and gracious Providence of God, than in any other ordinary accidents: He is able to work good out of ill, light out of darkness, and order out of confusion, which I pray God heartily, we may see to His Glory, the Kings Honour, and Peace of the Church and State, without any other effect upon any author or abettor of these Disorders, but of Gods Mercy, and His Majesties Royal Clemency. In this I fear I have exceeded more, possibly, than becomes me with your Grace; but as I humbly beg pardon, so I trust your Lordships Goodness will easily pardon the expressions of a poor Heart surcharged with grief, not so much flowing from, or following the fear of any Personal or Private evil can befall it, as fearing the danger the Publick is in, because of our Sins, which are calling for Vengeance. God of his Mercy give us Repentance, and be merciful to that Church and State.
We can return nothing for your Lordships care and kindness to us but humble and hearty thanks, and earnestly pray God Almighty for all Honour, Wealth, and Happiness to your Lordship here and hence.
As your Lordship hath commanded us we shall go from hence, and where we pitch our abode, with the first opportunity shall acquaint your Lordship. We were advised by our best friends to doe so, before we received your Lordships; but that Obedience we owe, and promised to His Majesty and your Lordship, made us that we would not stir for any Advertisement or Advice, how necessary or affectionate soever, till we had your Lordships Warrant.
All that kind respect which is above our desert and condition, and tender care your Lordship hath expressed to us, for our safety, and that which your Lordship hath superadded out of your noble Bounty, desiring us to be so bold as to shew your Lordship what Money, or any thing else necessary we stand in need of, that your Lordship may supply our necessity in this, hath so perplexed us for a time, that we knew not what to choose; on the one part being ashamed to doe it, both because it seemeth impertinent, and incongruous to trouble one of your Lordships Honour, Place, and Imployment, with matters of this kind, and especially so unreasonably at such a time, when your Lordship is at such charge for the honour of His Majesties Service; as also that we are unprofitable, and cannot be useful to your Lordship in any kind, and so how should we to other troubles we make your Lordship, adde this to be chargeable: yet your Lordships noble and generous offer, and the necessity we are cast into at this present, that what is our own or due to us we cannot command, and know as little who will do us the favour at this time to trust us, hath made us (seeing Obedience is better than Sacrifice) to cast our selves upon your Lordships Bounty and Favour; fearing on the one part your Lordship may be offended if we doe it not, and on the other, that otherwise we cannot be provided: Therefore I humbly intreat your Lordship, to let me have with the Bearer a hundred and fifty Pieces, payable at Whitsunday next with the Interest, or Martinmas, as your Lordship pleases; for which your Lordship shall receive from the Bearer my own personal Bond. Here and at this time I cannot give better Security, but by Gods Grace your Lordship shall be in no danger, come the world as it will.
I have more than need to beg humble pardon for my unmannerly and impertinent importunities, in troubling your Lordship at this time, taken up with weighty Affairs, if it were but to read this long Paper; and that I offend no more in this kind, I shut up all with my hearty Prayers to God Almighty for all Honour and Happiness to your Lordship, and an effectual blessing upon your Travels. So wisheth he who shall be, whilest he lives,
Your Graces most humble and
bounden Servant,
Jo. Rossen.
Berwick, 29 June, 1638.
1638.—July 2.
50. Letter from the Privy Council to the King.[75]
Most Sacred Soveraigne,
The Marquesse of Hamiltoun, your Majesties Commissioner, having imparted unto us your Majesties gracious pleasure and allowance that the Judicatories of the Councell, of Session, and others, should be returned to the Citie of Edinburgh; Thereupon, the Lord Commissioner being present, order was given for publication at the Market Crosse of Edinburgh with all solemnities requisite; and that the like publication should be made throughout the whole Kingdome at all publike places: This hath given so great contentment to all your Majesties subjects, that we cannot expresse with what dutifull respect and heartie prayers for your Majestie they have embraced this great and undeserved favour: In consideration whereof wee conceive our selves bound in dutie to acquaint your Majestie herewith; and withall to render to your Majestie most humble and heartie thanks for this so great grace and goodnesse, which wee hope shall contribute to the good of your Majesties service, and to establishing the peace of the Countrie, for the which we all your Majesties good subjects shall ever bee most thankfull, and all in dutie bound to pray for your Majesties long and happy Reigne.
Holy-rood-house July 2. 1638.
| Subscribitur | |
|---|---|
| Traquaire | Lauderdaile |
| Roxbrugh | Kinoul |
| Mar | Southesk |
| Morton | Lorne |
| Winton | Naper |
| Lithgow | Dalyell |
| Wigtonne | Ihay |
| Kingorne | Ja: Carmithaell |
| Hadinton | Thomas Hop |
| John Hammilton | |
1638.—July 3.
51. Speech by Commissioner to Court of Session.[76]
My Lordes,
I was varranted from his Maiestie to recall the Session againe to Edinbrughe; the cheiffe thing that moued him therto, was the sense of the maney incommodities wich his subiects in generall, and the Iudges in particular, did susteine by the remoueing of it; that his sacred Maiestie and Master had requyred him to desyre and command the Iudges to grant all reasonable dispatche to Maiesties subiects in the administratione of iustice, that so sometyme wich was lost, might be regained. Lykwayes, my Lordes, I must requyre you to be werey cairfull and circumspecte, that in thesse troubelsome tymes, no order nor decree may passe from you, wich may be præiudiciall to his Maiesties croune or seruice.
1638.—July 5.
52. Act anent the High Commission.[77]
At Halyrood-house, 5 July 1638.
The Lord Commissioner and Lords of Secret Councell having upon the 4 July instant, published his Majesties Declaration anent the seruice Book, Book of Canons, and High Commission: and being informed that His Majestes Declaration is not so clearly understood as is necessary for removing all scrouples which may arise to any of his Majestyes good subjects anent his Majesties declaration foresaid, declares that it is his Majesties gracious pleasure, likeas his Maᵗⁱᵉˢ Commissioner foresaid, and Lords of Secret Councel, abrogat and dischargis the said Service Book and Book of Canons, and inhibits all use and practice thereof, by whatsoever person or persons, of whatsoever quality, ecclesiastical or civil, within this Kingdom, anent the act of Councel made in the month of __________ 1636, and another made in the month __________ 1637, with the warrants whereupon the same proceeds, and proclamations following thereupon, anent the premises, or any part thereof, with all other warrants and proclamations made thereanent; and declares the same to be now and, in all time coming, null. And as far the High Commission, the Lord Commissioner and Lords of Secret Councel finds themselues warranted to discharge; likeas, by these presents, they do discharge all the practice and exercise whatsomever of the high commission past heretofore: and declares all his Majestie’s Lieges of whatsomever quality, free of all compearance before the Judges of the said high commission, and discharges the saids Judges of all proceeding agᵗ His Maᵗⁱᵉˢ subjects, by virtue thereof in time coming, till his Majesty so rectify the same as nothing therein shall impugn the Laws of this Kingdom, nor be a just grievance to his Majesty’s good subjects; and ordains proclamation to be made hereof at the Mercat Cross of Edinburgh, and other places needful, wherethro’ none pretend ignorance of the same.
1638.—July 13.
53. Letter from Lord Rothes to Patrick Leslie, Aberdeen.[78]
Loving Cousin,
Because your town of Aberdeen is now the only Burgh in Scotland that hath not subscribed the Confession of Faith [Covenant,] and all the good they can obtain thereby is, that if we sail fairly, as there are very good conditions offered, they shall be under perpetual ignominy, and the Doctors that are unsound, punished by the Assembly; and if things go to extremity, because they refuse, and, in hopes of the Marquis Huntly’s help, the King will, perhaps, send in some ship or ships, and men there, as a sure place, and if that be good for the country, judge ye of it. It is but a fighting against the high God to resist this cause, and it is so far advanced already, that, on my honour, we could obtain with consent, 1. Bishops limited by all the strait caveats. 2. To be yearly censurable by Assemblies. 3. Articles of Perth discharged. 4. Entry of Ministers free. 5. Bishops and Doctors censured for bygone usurpation, either in teaching false doctrine, or oppressing their brethren. But God hath a great work to do here, as will be shortly seen, and men be judged by what is past. Do ye all the good ye can in that town, and in the country about—ye will not repent it—and attend my Lord Montrose, who is a noble and true-hearted cavalier. I remit to my brother, Arthur, to tell you how reasonable the Marquis Huntly was, being here away: he was but slighted by the Commissioner, and not of his privy Council. No further. I am your friend and cousin,
Rothes.
1638.—July 27.
54. Additional Instructions by the King to Hamilton.[79]
Charles R.
You shall try by all means to see if the Council will sign the Confession of Faith, established by Act of Parliament, with the new Bond joined thereto; but you are not publickly to put it to Voting, except you be sure to carry it, and thereafter that probably they will stand to it.
If the Council do sign it, though the Covenanters refuse, you shall proceed to the indicting of a free General Assembly; and though you cannot procure the Council to sign it, yet you are to proceed to the indicting thereof, if you find that no other Course can quiet business at this time.
You shall labour by all fair means that the sitting of the Assembly be not before the first of November, or longer if you can obtain it; for the place, We are pleased to leave it to your election; for the manner of indicting, you must be as cautious as you can, and strive to draw it as near as may be to the former Assemblies in my Fathers time.
You must labour that Bishops may have Votes in Assemblies, which if you cannot obtain, then you are to protest in their Favours in the most formal manner you can think of.
As for the Moderator in the Assembly, you are to labour that he may be a Bishop, which though you cannot obtain, yet you must give way to their Election.
You are to labour, that the Five Articles of Perth be held as indifferent; strive that the admissions of Ministers may continue as they are; you may condescend, that the Oaths of their Admission be no other than is warranted by Act of Parliament.
You are, if you find that it may in any wise conduce to Our Service, to enact and publish the Order made at Holyroodhouse by Our Council the fifth of July last, for discharging the use of the Service-Book, Book of Canons, and the practice of the High Commission.
You are to protest against the abolishing of Bishops, and to give way to as few restrictions of their power as you can; as for the Bishops not being capable of Civil Places, you must labour what you can to keep them free.
You may give way that they shall be accountable to the General Assembly, which you shall indict at the rising of this against that time twelve month.
As for the Bishops Precedence, you are not to admit them of the Assembly to meddle therewith, it being no point of religion, and totally in the Crown.
If the Bishop of St Andrews, or any other, be accused of any crime, you are to give way to it, so they may have a free Trial; and likewise the same of whatsoever person or Officer of State.
It is left to your discretion what course Bishops shall take, that are for the present out of the Country.
You are to advise the Bishops to forbear sitting at the Council, till better and more favourable times for them.
Notwithstanding all these Instructions above-mentioned, or any other accident that may happen (still labouring to keep up Our Honour so far as possibly you can) you are by no means to permit a present Rupture to happen, but to yield anything though unreasonable, rather than now to break.
C. R.
London the 27ᵗʰ July, 1638.
1638.—July 28.
55. His Majesties Ten Demands.[80]
1. That all Ministers deposed or suspended by the Presbyteries since the first of February last, without warrant of the Ordinarie, shall be restored to their owne places, till such time as they shall be legally convicted.
2. That all Moderators of Presbyteries, deposed since the foresaid day by the Presbyteries, without warrant of the Ordinarie, be restored, and all Moderatours, appointed by the said Presbyteries without warrant foresaid, to desist from executing the office of Moderator.
3. That all Ministers admitted by the Presbyteries since the foresaid day, without warrant from the Ordinarie, shall desist from exercising the function of their ministerie in that place to which they have beene so presented and admitted.
4. That all Parishioners shall frequent their owne Churches, and heare their owne Minister, and that the Elders assist the Minister in the Session, and other exercises of the discipline of the Church, as formerly they were used to do.
5. That all Bishops and Ministers, have their rents and stipends duly and thankfully paid them.
6. That all Ministers bee appointed presently to repaire to their own Churches, that none of them come to the Assemblie, or to the place where the same shall bee held, but such as shall bee chosen Commissioners from the Presbyteries.
7. That according to the Act of Assemblie 1606, Moderators of Presbyteries being found necessarie members of the Assemblie, every one of the said Moderators be appointed to bee Commisioner from that Presbyterie where he is Moderator.
8. That Bishops and other Ministers who shall attend the Assemblie, may be secured in their persons from all trouble and molestation.
9. That the Commissioners from Presbyteries, be chosen by the Ministers of that Presbyterie onely: And that no lay-person whatsoever, meddle in the choice, nor no Minister without his owne Presbyterie.
10. That all Convocations and meetings bee dissolved, and that everie man repaire to his owne house, and that the Countrey not onely be made peaceable, but also that all such Acts be forborne, as may make it appeare to be otherwayes.
And since his Majestie is still displeased with the Covenant, wisdome and our dutifull obedience to our Soveraigne require, that some such course should be taken, whereby his Majestie may receive satisfaction therein; and in the meane time, that there be no pressing, threatning, or perswading of men to subscribe the Covenant, nor no mention be made thereof any more in Pulpits.
1638.—July 28.
56. Answers to these Articles.[81]
Having seriously considered with our selves, that nothing in this world is so precious, and ought to be so deare unto us as our Religion; that the diseases of the Church after long toleration did threaten no lesse then her utter ruine, and the expiring of the truth of Religion at last; and that a free Generall Assemblie was the ordinarie remedie appointed by divine Authority, and blessed by divine providence in other Churches; and after a speciall manner in the Church of Scotland, wee have often and earnestly supplicated for the same, and have laboured to remove what was objected, or what we could conceive to be any hinderance to the obtaining of our desire, like as we have now for the same good end resolved to returne this answer to the particulars propounded, to be performed by us before any Assemblie be indicted.
The particulars propounded, are either concerning matters Ecclesiasticall, or Civill: Ecclesiasticall, or Church matters are, The first, concerning Ministers deposed or suspended by the Presbyteries, since the first of Februarie last, without warrant of the Ordinarie, that they bee restored to their owne places. The second, concerning Moderators of Presbyteries deposed since the foresaid day, to be restored, and all Moderators appointed by the said Presbyteries without warrant aforesaid, to desist from executing the office of Moderator. The third, concerning Ministers admitted since the foresaid day, that they desist from exercising the function of the Ministerie in that place, to which they have beene admitted. These three particulars do concerne the power, dutie, and particular facts, or faults of Presbyteries, wherein we have no power to judge or determine, whether they have proceeded lawfully or not, farre lesse can wee urge or command them to recall what they have determined or done, in the suspending, deposing, or admitting of Ministers, or Moderators; they being properly subject to the superiour Assemblies of the Church; and in this case and condition of the Church, to the Generall Assemblie, where, if they shall not after triall justifie their proceedings, from the good warrants of Scripture, reason, and the acts and practices of the Church, they ought to sustaine their owne deserved censure. And since on the one side, there bee many complaints against the Prelats for their usurpation over Presbyteries in the like particulars; and on the other side, there bee such complaints of the doings and disorders of the Presbyteries to the offence of the Prelats; wee trust that his Majesties Commissioner will not esteeme this to bee any hinderance of the indiction of a Generall Assemblie, but rather a powerfull and principall motive with speed to conveene the same, as the proper Judicatorie wherein to determine such dangerous and universall differences of the Church. Neither do we heare that any Ministers are deposed, but onely suspended during this Interim till a Generall Assemblie, for their erroneous doctrine and flagitious life; So that it were most offensive to God, disgracefull to Religion, and scandalous to the people, to restore them to their places till they bee tried, and censured. And concerning Moderators, none of them (as wee understand) are deposed, but some onely changed, which is verie ordinarie in this Church. The fourth, concerning the repairing of Parishioners to their owne Church, and that Elders assist the Ministers in the discipline of the Church, ought to be cognosced and judged by the particular Presbyteries, to which the Parishioners and Elders are subject, since the cause may be in the Ministers no lesse then in the Parishioners and Elders. And in case they finde no redresse there, to assent till they come to a Generall Assemblie, the want whereof maketh disorders to bee multiplied, both in Presbyteries and particular Parishes.
To the sixth, That Ministers wait upon their owne Churches, and that none of them come to the Assemblie, or place where the same is kept, but such as shall be chosen Commissioners from Presbyteries, we answer, That none are to come to the place of the Assemblie, but such as are either allowed by Commission to have voice, or otherwise have such interesse as they can justifie to his Majesties Commissioner, and the Assemblie conveened.
To the seventh, Concerning the appointment of Moderators of Presbyteries to bee Commissioners to the Generall Assemblie, onely constant Moderators, who have ceased long since, were found in the Assemblie 1606. (which yet was never reputed by the Church to be a lawfull nationall Assemblie) to be necessarie members of the Generall Assemblie. And if both the Moderators, who if they be necessarie members need not to bee chosen, and the chosen Commissioners repaire to the Assemblie, the Assemblie it selfe can judge best of the members whereof it ought to consist.
To the ninth, That no lay-person whatsoever meddle with the choosing of Commissioners from the Presbyteries, and no minister without his owne Presbyterie, we say, That according to the order of our Church discipline, none but Ministers, and Elders of Churches ought to have voice in choosing Commissioners from Presbyteries, and that no Minister, or Elder should have voice in Election, but in his owne Presbyterie.
The rest of the particulars are concerning civill matters: As the fifth concerning the paying of Rents and Stipends to Ministers and Bishops, concerning which we can say no further, but that the lawes are patent for them, as for his Majesties other subjects, and that the General Assemblie ought not to be delaied upon any complaint in that kinde.
The eighth, requiring that Bishops, and Ministers be secured in their persons, we think so reasonable, that wee will promise everie one of us for our own parts, they shall suffer no violence from us, and that we shall hinder others so farre as wee may; And if any trouble them otherwise, or make them any kinde of molestation in that attendance but by order of Law, the parties are justly punishable according to the degree of their fault as other subjects are.
To the tenth, concerning the dissolving of all Convocations and meetings, and the peaceablenesse of the Countrie; These meetings being kept for no other end, but for consulting about lawfull remedies against such pressing grievances as threaten the desolation of this Church and State, cannot be dissolved till the evils be removed. And we trust, that nothing in these our meetings hath escaped us, which carrieth in it the smallest appearance of undutifulnesse, or which may seeme to tend to the breach of the common peace: But although our adversaries have herein calumniated us, yet we have alwayes so behaved our selves, as beseemed his Majesties most humble and loyall subjects, petitioning his Majestie for a legall redresse of our just grievances.
To the last, concerning the Covenant; the Commissioner his Grace having many times and most instantly pressed us with that point, we did first by invincible arguments make manifest, that we could not, without sinning against God, and our owne consciences, and without doing wrong to this Nationall Church, and all posteritie, rescind or alter the same: And thereafter did at large cleare the same of all unlawfull combination against Authoritie, by our last Supplication and Declaration, which his Majesties Commissioner accepted as the most readie and powerfull of all other meanes, which could come within the compasse of our thought to give his Majestie satisfaction, The subscription of this our confession of Faith, and Covenant being an act so evidently tending to the glorie of God, the Kings honour, and happinesse of the Kingdome: And having alreadie proved so comfortable to us in the inward of our hearts, It is our ardent and constant desire, and readie wish, that both his Majestie and all his good subjects may be partakers of the same comfort, Like as we finde our selves bound by conscience, and by the Covenant it selfe, to perswade all his Majesties good subjects to join with us for the good of Religion, his Majesties honour, and the quietnesse of the Kingdome: which being modestly used by us without pressing, or threatening of the meanest, we hope shall never give his Majestie the least cause of discontent.
Seeing therefore, according to our power and interesse, wee are most willing to remove all hinderances, that things may bee carried in a peaceable manner, worthy our Profession, and Covenant, doe aime at nothing but the good of the Kingdome, and preservation of the Church, which by consumption, or combustion, is like to be desperately diseased, except remedy some way be speedily provided; And wee delight to use no other meanes, but such as are legall, and have been ordinarie in this Church, since the Reformation: Wee are confident that without further delay, for preventing of greater evils and miseries then we can expresse our just desires shall be granted. So shall we be encouraged in the peace of our souls, still to pray for his Majestie, all encrease of our true honour and happinesse.
1638.—July 28.
57. Reply by the Commissioner.[82]
1. If the Lords and the rest will undertake for themselves and the rest, that noe Laicks shall have voyces in choosing the Ministers to bee sent from the severall Presbyteries to the General Assembly, nor none else but the Ministers of the same Presbyterie:
2. If they will undertake that at the Assemblie they shall not goe about to determine of things established by Acts of Parliament, otherwise then by remonstrance or petition to the Parliament, leaving the determining of things Ecclesiasticall to the generall Assembly, and things settled by Act of Parliament, to the Parliament:
Then I will presently indict a Generall Assembly, and promise, upon my Honour, immediately after the Assembly to indict a Parliament, which shall cognosce of all their complaints.
1638.—July 30.
58. Letter from the King to Privy Council.[83]
Charles R.
Right trusty and well-beloved Cousin, Councellour and Commissioner, and Right trusty and well-beloved Cousins and Councellours, and trusty and well-beloved Councellours, We Greet you well.
The great Distractions which have of late arisen both in Kirk and Commonwealth, in that Our Ancient Kingdom of Scotland, have much troubled the minds of many good and loyal Subjects there, and these Distractions have fallen out among them upon Jealousies and Fears of Innovation in Religion, and introducing of Popery; and not without some Fears conceived amongst them, as if We Our Self were that way inclined.
Upon occasion of these Fears they have of late signed a Covenant, or Bond for conserving the Religion established, and the Laws of the Country; but this Bond being not subscribed by Royal leave and Authority (as was that in Our dear Fathers time) must needs be both null in it self, and very prejudicial to the ancient and laudable Government of both Kirk and Commonwealth: which though We must declare unto you, yet out of Our inborn Love to that Our Native Country, and Loyal Subjects there, and for the obviating of these causeless Fears, and to satisfie your selves and all Our loving People, We do hereby under Our hand let you know that We are, and have ever been satisfied fully in Our Judgement and Conscience, both for the Reformed Religion and against the Roman; and that by Gods Grace and Goodness, We purpose both to live and die in the belief and practice of the Religion now established, and to preserve it in full strength, according to the Laws of that Our Kingdom: and to the end that this may appear to Posterity, how firm and settled We are in that Our Religion, We require you Our Commissioner and Council to see these Letters registred according to course.
Given at Our Court at Oatlands, July 30. 1638.
1638.—July 30.
59. Declaration by the King.[84]
Charles R.
The great Distractions which of late have risen both in Kirk and Commonwealth, in this Our ancient Kingdom, have so troubled the minds of many of Our good and loyal Subjects there, that they have been possessed with Fears as if Popery had been intended to have been introduced, and as if We Our Self were that way inclined: upon occasion of which Fears a Covenant or Bond of late hath been drawn up, intended by the Subscribers (as doth appear by their Supplication, presented to Our Commissioner the 26th of June last) for conserving the Religion and Laws of the Country; but it not being done by Royal leave and Authority, as was that in Our dear Fathers time, must be both null and void of it self, and much prejudicial to the ancient and laudable Government of Kirk and Commonwealth: Therefore We for obviating those Fears, which have been misconceived, both against Our Person and Profession, for matters of Religion, and to satisfie not our loving Subjects only, but all the Christian World, that We do, and (by Gods Grace) ever will maintain the true Christian and Reformed Religion, established in this our Kingdom, and to let the World see, that this shall be done in and with all freedom according to the Laws of Our Country, have signed the Confession of Faith, established by Act of Parliament An. 1557, with this Bond following, in defence of it, and Royal Authority, Laws, and Liberties of the Country; and do also require the present Subscription of this Confession and Bond by all Our loving Subjects, that it may remain in force to Posterity, that they may know how careful We are, and have been to preserve the integrity of Religion, and the freedom of Our Laws.
1638.—August 13.
60. Declaration by Hamilton to the Privy Council.[85]
My Lords,
I thought it fit to acquaint your Lordships before I returned His Majesties Answer to the Noblemen, and others petitioning for the same, which is so full of Grace and Goodness, that we have all cause to bless God, and thank His Majesty for it: such is his tender care of this poor distracted Kingdom, that he will leave nothing undone, that can be expected from a Just Prince, to save us from Ruine; and since he finds such Distraction in the Church and State, that they cannot be well settled without a Parliament and Assembly, the state of the Country and business being prepared for it, he hath given me Warrant for calling of both, that they may be orderly held, as formerly they have been, according to the Laws and Customs of the Kingdom.
And further I am to declare to your Lordships, that this we are to attribute only to His Goodness, for we cannot but acknowledge, that our carriage hath been such, as justly we might have expected that he would have taken another course with us: which he was Royally and really prepared for, (had not His Mercy prevailed above His just Indignation) and by a powerful and forcible way have taught us Obedience, which he hath forborn to make use of merely out of His Grace and Goodness. It is our duty to let His Subjects know, how great our obligation is to Him, which every one of us in particular, and all of us in general, should strive to make every one sensible of; and labour, so far as lieth in our power, to procure satisfaction to His Majesty, and quiet to this distracted Church and State.
1638.—August 25.
61. Articles of Advice, by Hamilton and other Peers, to the King.[86]
Since the cause and occasion of all the Distractions, which of late have happened both in Kirk and Polity, seems to proceed from the conceived Fears of Innovation of Religion and Laws, and that the Service-Book, Book of Canons, and the unbounded power of Bishops in the High Commission (never yet warranted by Law) was that which first gave ground and occasion to the Subjects Fears, and seeing the said Books are offered to be proved, to be full of Tenets and Doctrines contrary to the Reformed Religion, professed and established within this Kingdom, and the same introduced against all form and custom practised in this Church; it were an Act of Justice well beseeming so Gracious and Glorious a King, absolutely and fully to discharge the same.
And seeing likewise this High Commission hath given so great offence to so many of your Majesties good Subjects, and as is constantly affirmed, is of so vast and illimited a power, and contrary to express Laws, by which all such Judicatories, not established by Act of Parliament, are declared to be of no force; it would much conduce to the satisfaction of this People, if this Judicatory were discharged till the same were established by Law.
The practice of the Five Articles of Perth hath been withstood by the most considerable part of the Subjects of all qualities, both Laity and Clergy, whereby great Divisions have been in this Church, and are like to have an increase, if Your Majesty, (in Your accustomed goodness and care of this poor Kirk and Kingdom) shall not be graciously pleased to allow that the pressing of these Articles may be forborn until the same may be considered of in an Assembly and Parliament; and although we conceive Episcopacy to be a Church-Government most agreeable with Monarchy, yet the illimited power which the Lords of the Clergy of this Kingdom have of late assumed to themselves, in admitting and deposing of Ministers, and in divers others of their Acts and Proceedings, gives us just ground humbly to beg, that Your Majesty may be pleased to remit to the Consideration of the Assembly this their unwarranted Power.
The sense and apprehension of these foresaid Evils, hath stirred up the Subjects without warrant of Authority, to join in a Bond and Covenant to withstand the foresaid Innovations, and for maintainance of the true Religion, the Kings Majesties Person, and of one another in the defence thereof.
If your Majesty might be graciously pleased in supplement hereof, to allow or warrant such a Confession of Faith, with such a Covenant or Bond joyned thereto, as that signed by Your Majesties Father, and by His Command, by the Council and most part of the Kingdom, we are very confident the same would be a ready and forcible mean to quiet the present Disorders, at least to satisfie most part; and if Your Majesty shall condescend to the foresaid Propositions, we are hopeful, if not confident, it shall give so great content to so considerable a number of Your Majesties good Subjects, of all qualities, that if any shall stand out, or withstand Your Majesties Royal Pleasure, after the publication thereof, they may be overtaken by Your Majesties Power within this Kingdom, without the help or assistance of any Force elsewhere.
And because it is to be hoped, that all that hath past in this business, and all the Courses that have been taken herein by the Subjects, hath proceeded from the foresaid Fears of Innovations, and not out of any Disloyalty or dissatisfaction to Soveraignty, and that Your good People may still taste the fruits of Your Grace and Goodness, we wish Your Majesty may be graciously pleased, upon the Word of a King, to pardon what is past, and never so much as to take notice of any of the Actions or Proceedings of what person soever, who after this shall carry himself as becomes a dutiful Subject, and in testification thereof shall give his best assistance for settling the present Disorders.
And if Your Majesty may be pleased to condescend hereto, we conceive all Your Majesties Subjects, Petitioners or Covenanters, should acquiesce, and rest heartily satisfied therewith; and if any shall be so foolish or mad, as notwithstanding this Your Majesties grace and goodness, still to disturb the Peace of Your Majesties Government, we in testification of our hearty thankfulness to our Soveraign, by these, humbly and heartily make offer of our Lives and Fortunes, for assisting Your Majesty, or Your Commissioner, in suppressing all such Insolences or insolent persons.
| Signed | Hamilton. | Roxburgh. |
| Traquair. | Southesk. |
1638.—September 9.
62. New Instructions by the King to Hamilton.[87]
Charles R.
I. You shall in full and ample manner, by Proclamation or otherwise, as you shall see cause, declare, That We do absolutely revoke the Service-Book, the Book of Canons, and the High Commission.
II. You shall likewise discharge the practice of the Five Articles of Perth, notwithstanding the Act of Parliament, which doth command the same, and in the said Proclamation you shall promise, in Our Name, that if in the first Parliament to be held the three Estates shall think fit to repeal the said Act, We shall then give Our Royal Assent to the said Act of Repeal.
III. You shall likewise declare, that We have enjoyned, and authorized the Lords of Our Privy Council to subscribe the Confession of Faith, and Bond thereto annexed, which was subscribed by Our dear Father, and enjoyned by His Authority in the year 1580. and likewise have enjoyned them to take order, that all our Subjects subscribe the same.
IV. You shall likewise declare, that Our meaning and pleasure is, that none of Our Subjects, whether Ecclesiastical or Civil, shall be exempted from censures and trial of the Parliament, or General Assembly, those Courts proceeding against them in due form and order of law.
V. You shall likewise declare, That we are Graciously content, that the Episcopal Government, already established, shall be limited with such Instructions, as may stand with the Laws of this Church and Kingdom already established.
VI. You shall offer a Pardon by Proclamation, and promise in it a Ratification of the same in Parliament, to all Our good Subjects, who shall rest satisfied with this Our gracious Declaration, and hereafter carry themselves as becomes peaceable and dutiful Subjects.
VII. You shall procure an Act of Council, wherein every Councellour shall declare himself fully satisfied with this our Declaration, and (if you can) they shall moreover solemnly swear and protest to adhere to Us, and with their Lives, Fortunes, and whole Means, assist Us in the punishing and repressing all such as shall be found to be disobedient to Us, or persist in turbulent and unpeaceable Courses; and if any of Our Councellours shall refuse so to doe, you shall presently remove him from the place of a Councellour.
VIII. You shall likewise require every Lord of the Session to subscribe the Confession of Faith abovementioned, and the Bond thereunto annexed; as likewise to make the same Protestation in all things, as in the last Instruction is required of a Councellour: and if they shall refuse to doe it, you shall then certifie to Us the names of such Refusers.
IX. You shall likewise declare, that Our Pleasure is, That a most solemn Fast be indicted upon a set day throughout the whole Kingdom, which shall precede the General Assembly in some competent time. The Causes shall be declared, to beg Gods blessing on that Assembly, to beg of God a peaceable end to the Distractions of this Church and Kingdom, with the aversion of Gods heavy judgement from both. The form of Indiction we desire to be according to the most laudable Custom of this Church in most extraordinary cases.
X. You shall labour as much as in you lieth, that both the Electors, and Persons elected to be Commissioners at the General Assembly, shall be the same that were wont to be in My Fathers time, and the same forms to be observed as near as may be: but yet if that cannot be obtained, it shall be no lett to you from indicting a General Assembly; but you shall go on in it, by all such means, as you shall find to be most advantageous to Me in that Service.
XI. The time and place of the Assembly, (Edinburgh only excepted) We leave to your Judgment and Pleasure.
XII. You shall likewise presently indict a Parliament; the time and place We leave likewise to you.
XIII. Whether you shall first publish Our Gracious Offers, or first indict the Assembly, We leave it to your own Judgment as you shall see cause.
XIV. If you shall find the most considerable part of the Council not to acquiesce in this Our Gracious Declaration, and not to promise hearty and chearful Assistance to Us, as is above expressed, or not a considerable part of other Lords and Gentlemen, in case Our Council refuse, then you shall neither indict Parliament nor Assembly, nor publish any of My Gracious Offers, except only the abolishing of the Service-Book, Book of Canons and High Commission; but leave them to themselves, and to such further Order as We shall be forced to take with them; only if you foresee a Breach, you shall give timely warning thereof, to such as have stood well-affected to Our Service, that so they may in due time provide for their safety, and your self is to return to Us with expedition.
XV. You must by all means possible you can think of be infusing into the Ministers, what a wrong it will be unto them, and what an oppression upon the freedom of their Judgements, if there must be such a number of Laicks to overbear them, both in their Elections for the General Assembly and afterwards.
XVI. Likewise you must infuse into the Lay-Lords and Gentlemen with art and industry, how manifestly they will suffer, if they let the Presbyters get head upon them.
XVII. For the Forms of these We leave to you, and such Learned Council as you shall use upon the place, always provided, that you retain the substance of these Our Instructions.
XVIII. You shall enjoyn in Our Name the Lords of Council, and all other Our good Subjects to subscribe the Confession of Faith signed by Our dear Father; and publish Our charge to all Commissioners and Ministers for that end, according to the same, signed with Our Royal Hand; and further proceed in that particular, according as We have directed you, and Our Council by Our Letter to that effect.
Charles R.
Oatlands the 9ᵗʰ
of Septemb. 1638.
1638.—September 9.
63.—Instructions as to the Bishops.[88]
Charles R.
You shall shew My Lord of St Andrews, that We intend by being content with his demission of the Chancellours Place no injury to him, and most willing We are, that in the manner of doing it he may receive no prejudice in his reputation, though we cannot admit at this time of his nominating a Successor; and to make it more plain, that We are far from having any thought to affront him, by thinking of his demission, We will in no ways that you urge him to do it; yet you are to intimate that in Our opinion a fair demission will prove more to the advancement of Our Service, and be better for him, than if he should retain the Place.
If you find him willing to demit, you shall then try what consideration he doth expect from Us, and if the same be not altogether unreasonable, you shall promise it in Our Name.
If a demission, then it is presently to be done.
If he resolve to hold that Place, then you must presently command his repair to Scotland, all excuses set apart.
You shall communicate to him and the rest of his Brethren, that far of Our Intentions, that it is probable you may indict a General Assembly.
That We are content absolutely to discharge the Books of Service, and Canons, and the High Commission.
You shall shew that the Five Articles of Perth We are pleased be esteemed as indifferent, and that though We maintain Episcopacy, yet We will be content that their Power be limited according to the Laws.
And it is Our further Pleasure, that if an Assembly be indicted, he and the rest of his Brethren be there, to defend themselves and their Cause: and for that end, that he and they repair to Newcastle, Morpeth, or Berwick, there to attend your further advertisement, that so immediately they may repair to Scotland, not only to answer for themselves at the said Assembly, but likewise to consult with you, what will be fittest to be done, for the advancement of Our Service that evil may be kept off, so much as in you and them lieth, both from Kirk and Commonwealth.
C. R.
Oatlands the 9ᵗʰ September, 1638.
1638.—September 9.
64. Proclamation.[89]
Charles, by the grace of God, King of Scotland, England, France, and Ireland, defender of the faith. To our Lovits ______________________________________ ____________________________________________________ Messengers, Our Sheriffs, in that part conjunctly and severally specially constitute, greeting. Forsomuch as the cause and occasion of all the distractions which have happened of late both in Church and Common-weale of this Our Kingdome, have proceeded from the conceived fears of innovation of Religion and Lawes: To free all our good Subjects of the least suspition of any intention in Us to innovate any thing, either in Religion or Laws; and to satisfie, not only their desires, but even their doubts: We have discharged, and by these presents do discharge the Service book, book of Canons, and high Commission, and the practice of them, or any of them; and by these presents annuls and rescinds all acts of Councell, Proclamations, and other acts and deeds whatsoever that have been made or published, for establishing them, or any of them: and declares the same to be null, and to have no force nor effect in time coming. And being informed, that the urging of the practice of the five Articles of Pearth Assembly, hath bred great distraction and division in the Church and State, We have been graciously pleased to take the same into Our consideration; and for the quiet and peace of Church and State, do not only dispense with the practice of the saids Articles, but also discharge, like as by these presents Wee discharge all and whatsoever persons from urging the practice thereof, upon either laicke or ecclesiasticall person whatsoever. And We doe hereby free all Our Subjects from all censure and pain, whether ecclesiasticall or secular, for not urging, practising, or obeying the same, notwithstanding of any thing contained in the acts of Parliament, or generall Assembly to the contrarie. And because it hath been, to the disgrace of government, disperst and surmized throughout this Our Kingdome, that some of Our Subjects have exercised such illimited and unwarranted power, and have held themselves eximed from censure and punishment, to which others Our Subjects are lyable: We do by these presents declare, that if any of Our Subjects, whether ecclesiasticall or civill, of whatsoever qualitie, title, or degree, have, or shall at any time presume to do any such act, or assume to themselves any such exemption or power, That they shall, like as by these presents We make and ordain them to be lyable to the tryall and censure of Parliament, generall Assembly, or any other judicatories competent, according to the nature and qualitie of the offence. And for the free entrie of Ministers, that no other oath be administrate unto them, than that which is contained in the act of Parliament. And to give Our Subjects full assurance, that we never intend to admit of any change or alteration in the true Religion already established and professed in this Our Kingdome, And that all Our good people may be fully and clearly satisfied of the realitie of Our intentions towards the maintenance of the truth, and integrity of the said Religion: Wee have thought fit and expedient to enjoyn and authorize, like as We by these presents do require and command all the Lords of Our privie Councell, Senatours of the Colledge of Justice, Judges, and Magistrates to burgh and land, and all Our other Subjects whatsoever, to subscribe and renew the Confession of Faith, subscribed at first by Our dear Father and his houshold, in the yeare of God, 1580. Thereafter by persons of all ranks, in the year 1581. by ordinance of the Lords of secret Councell, and acts of the generall Assembly. Subscribed again by all sorts of persons in the year, 1590. by a new ordinance of Councell at the desire of the generall Assembly, with their generall band of maintenance of the true Religion, and the Kings person. And for that effect we do require the Lords of Councell to take such course, anent the foresaid confession and generall band, that it may be subscribed and renewed throughout the whole kingdome, with all possible diligence. And because we will not leave in Our Subjects mindes the least scruple or doubt of our royall intentions and reall resolutions, Wee have given warrant to Our Commissioner to indict a free generall Assembly to be holden at Glasgow the twentie one day of November, in this present year, 1638. And thereafter a Parliament to be holden at Edinburgh the fifteenth day of May, Anno 1639. for setting a perfect peace in the Church, and Common-weale of this Kingdome. And because it is likely that the disorders and distractions which have happened of late, have been occasioned through the conceived fears of innovation of religion and laws, and not out of any disloyalty or disaffection to Soveraignty: We are graciously pleased absolutely to forget what is past, and freely to forgive all by-gones to all such as shall acquiesce to this Our gracious pleasure, and carry themselves peaceably as loyall and dutifull Subjects, and shall ratifie and approve the same in Our next ensuing Parliament. And that this Assembly may have the better successe, and more happy conclusion, Our will is that there be a solemne fast proclaimed and kept by all Our good Subjects of this kingdome, a fourteen daies before the beginning of the said Assembly: the causes thereof to be a begging a blessing from God upon that Assembly, and a peaceable end to the distractions of this church and kingdome, with the aversion of Gods heavie judgement from both. And our pleasure is that this fast be kept in the most solemne manner as hath been in this Church at any time heretofore upon the most extraordinary occasion.
OUR WILL is herefore, and we charge you straitly and command, that incontinent these our letters seen, ye passe, and make publication hereof by open proclamation at the market crosses of the head burrows of this kingdome, where-through none pretend ignorance of the same.
Giuen at our court of Oatlands, the ninth day of
September, 1638.
Per Regem.
1638.
65. A Direction by Covenanters for Presbyteries.[90]
1. That every Presbyterie have a copie of the Act made at Dundie the seventh of March 1597. concerning the number of Commissioners; the tenour whereof followeth:—
Because there hath beene no order hitherto anent the number of Commissioners to be directed from everie Presbyterie to the Generall Assemblie, therefore it is statuted and ordained, that in all time comming three of the wisest and gravest of the Brethren shall be directed from everie Presbyterie at the most, as Commissioners to everie Assemblie and that none presume to come without Commission: And likewise, that one bee directed from everie Presbyterie in name of the Barons, and one out of everie Burgh, except Edinburgh, which shall have power to direct two Commissioners to the Generall Assemblie.
2. That everie Presbyterie have a copie of the Commission, to be given to the Commissioners; the tenour thereof followes.
T. T. ____ the ____ day of ____ The which day after calling upon the name of God, We the members of the Presbyterie of ____ having diligently considered the manifold corruptions, innovations, and disorders, disturbing our peace, and tending to the overthrow of our Religion, and Liberties of the reformed Church within this Realme; which hath come to passe, especially through the want of the necessarie remedie of Generall Assemblies, as well ordinarie as pro re nata, injoyned by this Church for many yeares, and ratified by Act of Parliament, And now expecting shortly by the mercie of God the benefit of a free Generall Assemblie, do by these presents nominate and appoint ____ Minister of ____ as also ____ in name of the Burrowes, conjunctly and severally our lawfull Commissioners, giving and granting unto them our full power, Commission, and expresse charge, to repaire to the said Assemblie at the day and place, when and where it shall happen to sit, in any safe and commodious place within this Kingdome, and there with the rest who shall be authorised with lawfull Commission, in our name to propone, treat, reason, vote, and conclude, according to the word of God, and confession of faith approved by sundrie Generall Assemblies, and received throughout the whole Kingdome in all Ecclesiasticall matters, competent to a free Generall Assemblie, and tending to the advancement of the Kingdome of Christ, and the good of Religion, as they will answer to God, and his Church thereupon, and to report to us their diligence therein. In testification of this our Commission and charge, we have subscribed these presents with our hands, and which they have accepted with the lifting up of their hands.
3. That everie Church Session send one of the most qualified Elders unto the Presbyterie the day of chusing Commissioners to the Generall Assemblie: That by common consent of the Ministers and those Elders present in the Presbyterie, there may bee chosen both the Commissioners for the Ministers, and also some well affected and qualified Nobleman, or speciall Gentleman, being an Elder of some particular Church Session within that Presbyterie, in name of the Barons: For this is the constitution of the Presbyteries, (otherwise called Elderships) appointed by the Church in the books of discipline, Acts of the Generall Assemblie, practised for many yeares after the reformation, and ratified in the Parliament, the twelfth of King James the 6. and never since altered nor rescinded; neither can be with reason altered, seeing that same is the constitution of the supreme and Generall Assemblies, and of the inferiour and Church Sessions, as is at more length cleared by some reasons.
4. That such as are erroneous in doctrine, or scandalous in life, be presently processed, that they be not chosen Commissioners; and if they shall happen to be chosen by the greater part, that all the best affected, both Ministers and Elders, protest and come to the Assemblie to testifie the same.
5. To send to everie Presbyterie a copie of the printed reasons for an Assemblie.
6. That Moderators by vertue of their office bee not Commissioners to the Assemblie, except they be chosen.
7. That the Presbyteries in one of the ordinarie meetings, appoint to conveene solemnely after the twentieth of September, either upon the 21. 22. 23. 24. or 25. for chusing of their Commissioners to the Assemblie, and for to send them hither to Edinburgh before the first of October, or so soone as they can, that with common consent, they may receive the Kings last answer, and advise upon the next lawfull remedies, in their extreme necessities of Church and State.
That in the Fast to be observed on the sixteenth day of September, the second day preceding their election, they may crave God’s direction therein.
1638.—September 22.
66. Letter from the King to Hamilton.[91]
Hamilton,
If I should be too long silent, I seem to contradict that Rule which myself prescribed; therefore, though for the present I can say nothing of the main business, yet this must go if it were but to acknowledged the receipt of your two—viz., of the 12ᵗʰ of September from Ferribridge, and of the 17ᵗʰ of the same from Holyrood-house. So referring you to the Comptroller for what concerns the Ordnance that is to be transported to Hull, I rest
Your assured constant Friend,
Charles R.
Hampton-Court,
22 Sept. 1638.
1638.—September 22.
67, 68.—Proclamations.[92]
At Holy-rood-house the 22. day of September 1638. Forsomuch as it hath pleased the Kings Majestie, out of his pious and religious disposition to the true Religion, and out of his fatherly care, for removing of all feares, doubts, and scruples, which may arise in the mindes of his subjects, for preservation of the puritie thereof, and upon divers great and weightie considerations, importing the glory of God, the peace of the Kirke and Common-weale of this kingdome, to appoint and give order, that a free generall Assembly be indicted, kept, and holden at the Citie of Glasgow the 21. of November next. Therefore the Lords of secret Councell ordaines letters to be direct, charging Maissars, and Officers of Armes, to passe and make publication hereof by open Proclamation at the Market Crosse of Edinburgh, and the head Burrowes of this Kingdome, and other places needfull. And to warne all and sundry Archbishops, Bishops, Commissioners of Kirkes, and others having place and vote in the Assembly, to repaire and addresse to the said Citie of Glasgow the said one and twentieth day of November next to come, and to attend the said Assembly induring the time thereof, and aye and while the same be dissolved, and to doe and performe all which to their charges in such cases appertaineth, as they will answer to the contrarie at their highest perill.
At Holy-rood-house the 22. day of September 1638.
Forsomuch as it hath pleased his Majestie, out of his pious and religious disposition to the true Religion, and out of his fatherly care for removing of all feares, doubts, and scruples which may arise in the mindes of his subjects, for preservation of the puritie thereof, and upon divers other great and weighty causes, importing the glory of God, the peace of the Kirke and Common-weale of this Kingdome, to appoint and give order, that the Soveraigne and High Court of Parliament shall be holden at the Citie of Edinburgh upon the 15. day of May next to come, with continuation of dayes: Therefore the Lords of secret Councell ordain letters to be direct to Maissars and officers of Arms, charging them to passe to the market Crosse of Edinburgh, and other places needfull, and there by open Proclamation to make publication of the holding of the said Parliament, and to warne all and sundry Noblemen, Prelates, and Commissioners for the Barons and Burrowes, and all others having voice and place in the said Parliament, that they and every one of them, in their most decent and comely manner, make their addresse to the said Parliament, attend and await thereat during the time thereof, and to discharge that duty which is incumbent to them, and each one of them, as they will answer on the contrary at their perill.
1638.—September 22.
69. Letter from the King to the Privy Council.[93]
Apud Holy-rood-house Septemb. 22. 1638.
The which day James Marquesse of Hamiltoun His Majesties Commissioner, produced and exhibited before the Lords of Privie Councell, the two Missive underwritten, signed by the Kings Maiestie, and directed to the said Lords, which being read, heard and considered by the said Lords, They have ordained, and ordaines the name to be inserted and registred in the books of secret Councell, therein to remaine ad futuram rei memoriam, whereof the tenour followeth.
Charles R.
Right trusty, &c. being certainly informed that the distractions which have happened of late, (both in Church and Commonwealth) in this Our ancient Kingdome of Scotland, have much troubled the minds of many of Our good and loyall subiects; and that these distractions have beene occasioned upon jealousies and feares of innovation of Religion and Lawes, as tending to the introduction of Poperie, and not without some suspition as if Wee Our selfe were inclined that way; Upon occasion whereof, many of Our subjects have of late subscribed a band or Covenant for preserving the true Religion and Lawes already established, and for defending the Kings person, and each others, in defence thereof: But the same not being warranted by Royall authority (as that which was in Our deare Fathers time) must needs of it selfe be ineffectuall, and much prejudiciall to the ancient Forme and Custome of government kept within that Our Kingdome of Scotland: Wherefore Wee, out of Our inborne love to Our said native Countrie, and for obviating these conceived feares, and satisfying of you and all Our loving people, have thought good to ordaine the Confession of Faith, and band subjoyned thereto, of the date at Edinburgh, Januarie 28. 1580. and signed by Our Royall Father to bee renewed: And to that effect have given Order to Our Commissioner, with advice of Our Councell, to set downe and settle some solid course, whereby the same may be subscribed by Our Councell, Judges, Magistrates of Burroughes, and all other Our people of that Kingdome. And for further clearing of Our selfe, Wee declare, That as We are and ever have beene satisfied in Our judgment and conscience for the reformed Religion now established, and against the Roman: so Wee purpose, by Gods grace, both to live and die in the practice thereof, and to preserve and maintaine the same in full strength and integritie, according to the Lawes of that Our ancient Kingdome. What We have thought further fitting to be done at this time, concerning the particulars contayned in Our subjects petitions; you shall receive Our full pleasure therein from Our Commissioner. And that this Our Declaration concerning Our selfe, and Our pious intention, for settling the Reformed Religion within that Our Kingdome may appeare to posteritie. Our pleasure is, that these presents be registred in the Books of Councell.
Oatlands, Septem. 9. 1638.
1638.—September 22.
70. Act of Council.[94]
The Lords of secret Councell having read and maturely considered his Majesties letters, and particular declaration of his pleasure anent the annulling of the Service Book, book of canons, and high Commission, discharging the pressing of the practice of the five Articles, making all persons Ecclesiastick and Civill, of what title or degree soever, lyable to the triall and censure of Parliament, general Assembly, & other judicatories competent, anent the not administrating to ministers at their entry any other oath than that which is contained in the act of Parliament anent the subscribing and renewing the confession of faith, subscribed by his Majesties Father of blessed memory, and his houshold, in Anno 1580. and band following thereupon, anent the indiction of a generall Assembly, to be holden at Glasgow the 21. day of November 1638, and Parliament at Edinburgh the 15 of May, 1639. and anent his gracious goodnesse in forgetting and forgiving all by-gones, and indiction of a fast for craving of God’s blessing to this Assembly; finde themselves so fully satisfied therewith, and the same to be so satisfactorie for removing all the fears of the subjects anent innovation of religion or laws, that we hold our selves bound in dutie, not only to acquiesse therewith, as the best mean to secure both religion and laws, but also to use our best endeavours, that all his Majesties good subjects may likewise rest satisfied therewith. And that they with us, and we with them, may testifie our thankfulnesse for so great a grace and goodnesse with all the hearty expressions of dutifulnesse and loyalty, and that our true sense hereof may the more clearly appear to our Sacred Soveraigne; We do by these humbly and heartily make offer of our lives and fortunes in the defending and assisting of his Majesties sacred person and authority; in the maintenance of the foresaid religion and confession, and repressing of all such as shall hereafter presse to disturbe the peace of this Kirk and Kingdome.
In witnesse whereof we have heartily and freely subscribed these presents with our hands. At Halyrude-house the 22 day of September. 1638.
Sic Subscribitur.
HAMMILTOUN.
Traquaire, Roxburgh, Mairsheall, Mar, Murray, Linlithgow, Perth, Wigtoun, Kingorne, Tullibardin, Hadington, Annandail, Lauderdail, Kinnoul, Dumfreis, Southesk, Belheaven, Angus, Lorne, Elphinstoun, Naper, Dalyell, Amont, J. Hay, S. Thomas Hope, S. W. Elphinstoun, Ja. Carmichael, J. Hammiltoun, Blackhall.
1638.—September 22.
71. The Protestation of the Noblemen, Barons, Gentlemen, Burrowes, Ministers, and Commons, the 22. September 1638 [after the reading of the Proclamation dated September 9.][95]
Wee Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons, his Majesties true and loyall subjects, That whereas our continuall supplications, complaints, articles, and informations, presented, first, to the Lords of his Majesties Privie Councell; next, to his sacred Majestie, and last, from time to time to his Majesties Commissioner, our long attendance and great patience this twelvemonth bygone, in waiting for satisfaction of our most just desires, our zeale to remove all rubs out of the way, which were either mentioned unto us, or could be conceived by us, as hinderances of our pious intentions, aiming at nothing but the good of the Kingdome, and preservation of the Kirk, which by consumption or combustion is likely to expire; delighting to use no other meanes but such as are legall, and have beene ordinarie in this Kirk since the reformation, and labouring according to our power and interesse, that all things might be carried in a peaceable manner, worthy of our Profession and Covenant, our Protestation containing a hearty thanksgiving for what his Majesty in his Proclamation from his justice had granted of our just desires, and our Protests and hopes for so much as was not as yet granted: All these made us confidently to expect from his Majesties royall and compassioned disposition towards this his native Kingdome, that a free Generall Assembly and Parliament should have beene indicted, as the ordinary and most proper remedies of our grievances, and did constraine us to renew our petition, earnestly intreating that his Majesties Commissioner would be pleased to represent unto his Majesty the condition of this Kirk and Kingdome, crying in an extreme exigencie for present help, with the lawfulnesse of the remedies prescribed by his Majesties Lawes, required by us, and presented to him in some particular Articles, which his Grace promised to recommend to his Majestie, and to doe his best endeavours for obtaining the same; especially the first Article, that there might be indicted a full and free Generall Assembly, without prelimitation, either in the constitution and members thereof, in the order and manner of proceeding, or in the matters to be treated: And if there should be any question or doubt about one of these, or such like particulars, that the determination thereof might be remitted to the Assembly it selfe, as the only proper and competent Judge. And now, after so many supplications, complaints, articles, and informations; after our necessary protestation, expressing the humble thankfulnesse and continued desires of our hearts; after so long expectation, and so much dealing, having with open eares and attentive minds, heard his Majesties Proclamation, It is our desire, purpose, and endeavour so to proceed, that we may upon the one part still be thankfull to God and the King for the least blinke of his Majesties countenance, and the smallest crums of comfort that fall unto us from his Majesties Royall hands; beseeching the Lord yet farther to inlarge his Majesties heart, for our full satisfaction and rejoicing, to the honour of God, the good of this Kirk and Kingdome, and his Majesties never dying fame and glory; that his wise government and zeale to the service of God may be a measure and patterne of desires to all generations hereafter, when they shall be wishing for a religious and righteous King: And on the other part, that Christ our Lord, the King of kings, through our neglect or luke-warmnesse may want no part of his Soveraignty and Dominion, and that in our Religion, which is more dear unto us then our lives, we deceive not our selves with that which cannot satisfie and make up the breach of this Kirke and Kingdome, or remove our feares, doubts, and suspicions of the innovations of Religion: This hath made us to observe and perceive, that his Majesties Proclamation doth ascribe all the late distractions of this Kirke and Common-wealth to our conceived feares of the innovation of Religion and Law, as the cause and occasion thereof, and not to the innovations themselves, with which we have beene for a long time, and especially of late, heavily pressed and grieved; as if the cause were rather in apprehension and fancie, then in reality and substance. That the Service book and booke of Canons are not so far discharged by this Proclamation, as they have beene urged by preceding Proclamations; for this Proclamation onely dischargeth the practice of them, and rescinds the Acts made for establishing their Practice, but doth not rescind the former Proclamations, namely, that of the 19 of February at Stirling, and that of the fourth of July at Edinburgh, which give an high approbation to these Books, as fit meanes to maintaine Religion, and to beat down all superstition; and withall declares his Majesties purpose, to bring them into this Kirk in a faire and legall way: And thus both our feares that they may be introduced hereafter, must still remaine; and the libertie of the Generall Assembly by such a Declaration of his Majesties judgement, is not a little prejudged in the minds of so many as wisely consider and compare the preceding Proclamations with this which we now heare, although others who looking upon one step and not upon the whole progresse, run on rashly, and neither considering what they are doing, nor with whom they are dealing, may be easily deceived Qui pauca videt, citò judicat, a short sight maketh a sudden judgement.
That it is declared in this Proclamation, That his Majesty neither intendeth to innovate any thing in Religion or Lawes, or to admit of any change or alteration in the true Religion already established and professed in this Kingdome: and withall, this is interposed, That the articles of Pearth are established by the acts of Parliament and generall Assembly, and dispensation of the practice only granted, and discharge given, that no person be urged with the practice thereof; and consequently, his Majesties intention for the standing of the Acts of the Assembly and Parliament, appointing the Articles of Pearth, is manifest; which is no small prejudice to the freedome of the Generall Assembly, That while the Proclamation ordaineth all his Majesties subjects to be liable to the triall and censure of the judicatories competent, and that none of them shall use any unlimited and unwarranted power; likewise that no other oath be administred to Ministers at their entrie, then that which is contained in the Act of Parliament; in both these Articles the Bishops are meaned, who are only thereby for the present curbed, against their exorbitancie and enormities in exercing their office: but the office of Bishops is thereby not only presupposed as unquestionable, but also so strongly established, that his Majestie declareth, for the present, his intention, to admit no innovation therein: which is more evident by the indiction of the Parliament, warning all Prelats to be present, as having voice and place in Parliament; and by the indiction of the Assembly, warning all Archbishops and Bishops (for so are their divers degrees and offices Ecclesiasticall here designed and supposed) to be present, as having place and voyce in the Assembly, contrary to the caveats, acts of the Kirk, and our declinator: And thus a third and great limitation is put upon the Generall Assembly. The Proclamation, by reason of these many reall limitations, and prejudices of the liberty of the Assembly in the very points which have wrought so much woe and disturbance in this Kirk and Kingdome, and wherein the liberty of the Assembly is most usefull and necessary at this time, can neither satisfie our grievances and complants, nor remove our feares and doubts, nor cannot (without protestation) be admitted by us his Majesties subjects, who earnestly desire that Truth and Peace may be established; and that for the reasons following:—
1. To keepe silence in any thing that may serve for the good of the Kirk, whether it be in preaching, prayer, or in proposing and voyceing in a lawfull Assembly of the Kirke, is against the word of God. Esai. 62. 6. “Yee that are the Lords remembrancers, keepe not silence, and give him no rest till he establish, and till he make Jerusalem a praise in the earth.” 1. King. 18. 21. “Like the halting of the people betweene two opinions, and their not answering a word, when the Lord called them to give a testimony.” Act. 20. 20. “I have keeped backe nothing that was profitable unto you:” and againe 1 Cor. 12. 7. Mat. 15. 18. Rom. 1. 18. Revel. 2. 14. 20. and 3. 15: and therefore to keepe silence, or not to meddle with corruptions, whether in doctrine, sacraments, worship or discipline, in a generall Assembly of the Kirk, conveened for that end, were the ready way to move the Lord to deny his Spirit unto us, and to provoke him to wrath against our proceedings, and might be imputed unto us for prejudice, for collusion, and for betraying our selves and the posterity.
2. This predetermination is against our supplications and protestations, wherein we have showne ourselves so earnest for a free generall Assembly, contrary to every limitation of this kind; so far prejudging the liberty thereof, is against the Confession of Faith registrated in the Parliament 1567, declaring that one cause of the Councels of the Kirk is for good policie and order to be observed in the Kirk, and for to change such things as men have devised when they rather foster superstition then edifie the Kirke, using the same; and is against our late Confession, wherein we have promised to forbeare all novations till they be tryed, which obligeth us to forbeare now, and to try them in an Assembly, and by all lawfull meanes to labour to recover the former purity and liberty of the Gospel, to which this limitation is directly repugnant, our liberty in a Generall Assembly being the principall of all lawfull meanes serving to that end.
3. This were directly contrary to the nature and ends of a generall assembly, which having authority from God, being conveened according to the lawes of the Kingdome, and receiving power from the whole collective body of the Kirke, for the good of Religion, and safety of the Kirke; whatsoever may conduce for these good ends in wisdome and modesty should be proponed, examined, and determined without Prelimitation, either of the matters to bee treated, or of the liberty of the members thereof. It being manifest, that as farre as the assembly is limited in the matters to bee treated, and in the members to be used, the necessary ends of the Assembly, and the supreme Law, which is the safety of the Kirke, are as far hindered, and pre-judged.
This limitation is against the Discipline of the Kirke, which Booke 2. chap. 7. declareth this to be one of her liberties, That the Assembly hath power to abrogate and abolish all Statutes and ordinances concerning Ecclesiasticall matters that are found noysome and unprofitable, and agree not with the time, or are abused by the people, and against the acts of the generall assembly. Like as the pretended Assembly 1610 declareth for the common affaires of the Kirk (without exception or limitation) it is necessary that there bee yearely generall Assemblies, And what order can bee hoped for hereafter, if this assembly indicted after so long intermission, and so many grosse corruptions be limited, and that more than ever any lawfull Assembly of the Kirk was, when it was yearly observed.
5. It is ordained in Parl. 11. act 40. K. James 6. anent the necessary and lawfull forme of all Parliaments that nothing shall be done or commanded to be done, which may directly or indirectly pre-judge the liberty of free voicing or reasoning of the Estates, or any of them in time coming. It is also appointed in Parl. 6. act 92. K. James 6. that the Lords of Counsell and Session proceed in all civill causes intended or depending before them, or to be intended, to cause execute their decrees notwithstanding any private writing, charge, or command in the contrary, and generally by the acts of Parliament appointing every matter for its owne judicatorie, and to all judicatories their owne freedome. And therefore much more doth this liberty belong to the supreame judicatory ecclesiastick in matters so important as concerneth Gods honour and worship immediately, the salvation of the peoples Soules, and right constitution of the Kirk whose liberties and priviledges are confirmed Parl. 12. K. James 6. Parl. 1. K. Charles, for if it be carefully provided by diverse Acts of Parliament, especially Parl. 12. act 148. King James 6. That there be no forstalling or regrating of things pertaining to this naturall life: What shall be thought of this spirituall forstalling and regrating which tendeth to the famishing or poysoning of the soules of the people both now and in the generations afterward.
6. It were contrary to our Protestations, proceedings and complaints against the late innovations. And it might bee accounted an innovation and usurpation as grosse & dangerous to us, & the posterity, and as prejudiciall to Religion as any complained upon by us, to admit limitations, and secret or open determinations, which belongeth to no person or judicatory, but to an Assembly, Or to consent to, and approve by our silence the same predeterminations, It were to be guilty of that our selves, which we condemn in others. We may easily judge how the Apostles before the Councell of Jerusalem, the Fathers before the Nicene Councell, and our Predecessors before the assembly holden at the Reformation, and afterwards, would have taken such dealing.
That this Proclamation commandeth all his Ma jesties Subjects for maintenance of the Religion already established to subscribe and renew the Confession of Faith subscribed before in the yeare 1580 and afterward. And requireth the Lords of privy Counsell to take such course anent the same, and the generall Band of Maintenance of the true Religion, and the Kings person, that it may be subscribed, and renewed throughout the whole Kingdome with all possible diligence, which cannot now be performed by us. For although of late we would have been glad that our selves and other his Majesties Subjects had been commanded by authority to sweare, and subscribe the generall Confession of Faith against Popish errours, and superstitions: and now would be glad that all others should ioyne with us in our late Covenant & Confession, descending more especially to the novations and errors of the time, and obliging us to the defence of Religion; and of the Kings Maiesties person, and authority, and for these ends to the mutuall defence every one of us of another, Yet can we not now after so necessary, and so solemne a specification returne to the generall for the reasons following.
1. No means have been left unassayed against our late Confession of Faith and Covenant so solemnly sworn and subscribed. For first we were prest with the rendering and rescinding of our Covenant. Next an alteration in some substantiall points was urged. 3. A Declaration was motioned, which tended to the enervation thereof, and now we finde in the same strain, that we are put to a new triall, and the last mean is used more subtile than the former: That by this new subscription our late Covenant, and Confession may be quite absorbed and buried in oblivion, that where it was intended & sworn to be an everlasting Covenant never to be forgotten, it shall be never more remembered, the one shall be cryed up, and the other drowned in the noise thereof, And thus the new subscription now urged (although in a different way) shall prove equivalent to the rendering of the Covenant, or what of that kinde hath before been assayed. Like as the reasons against the rendring of the Covenant, doe militate directly against this new motion.
2. If we should now enter upon this new Subscription, we would think our selves guilty of mocking God, & taking his Name in vain, for the tears that began to be powred forth at the solemnizing of the Covenant are not yet dryed up and wiped away, and the joyfull noise which then began to sound hath not yet ceased, and there can bee no new necessity from us, and upon our part pretended for a ground of urging this new subscription, at first intended to be an abjuration of Popery upon us who are knowne to hate Popery with an unfained hatred, and have all this yeare bygone given large testimony of our zeale against it. As we are not to multiply miracles on God’s part, so ought we not to multiply solemne oathes and Covenants upon our part, and thus to play with oathes, as children doe with their toyes, without necessity.
3. Neither would we in giving way to this new subscription think our selves free of perjury: for as we were driven by an undeclinable necessity to enter into a mutuall Covenant, so are we bound, not only by the law of God and nature, but by our solemn oath and subscription, against all divisive motions to promove and observe the same without violation: and it is most manifest, that having already refused to render, alter, or destroy our Covenant, nothing can bee more contrary and adverse to our pious intentions and sincere resolutions, than to consent to such a subscription and oath, as both in the intention of the urgers, and in the nature and condition of the matter urged, is the ready way to extinguish, and to drowne in oblivion the Band of our union and conjunction that they be no more remembred. In this case we are called to lay seriously to our hearts, 1, That we have sworne that we shall neither directly, nor indirectly suffer our selves to be divided and withdrawne from this blessed and loyall conjunction, which consisteth not only in the generall Confession, but also in our explanation, & application thereof, but on the contrary, shal by all lawfull means, labour to further and promove the same. 2. That our union and conjunction may be observed without violation, (and so without mutilation of our application) we call the living LORD to witnesse, as we shall answer to Christ in the great Day, &c.
4. This new subscription, instead of performing our vows, would be a reall testimony and confession before the World, That we have been transgressours, in making rash vows, that we repent our selves of former zeal and forwardnesse against the particulars exprest first in our Supplications, Complaints, and Protestations, and next abjured in our Covenant, that we in our judgement prefer the generall Confession unto this, which necessarily was now made more speciall; and that we are now under the faire pretext and honest cover of a new oath, recanting & undoing that, which upon so mature deliberation we have been doing before. This beside all other evils, were to make way and open a door to the re-entry of the particulars abjured, and to repent our selves of our chiefest consolations, and to lie both against God and our owne soules.
5. It hath been often objected, that our Confession of Faith, & Covenant was unlawfull, because it wanted the warrants of publick authority, and it hath been answered by us, that we were not destitute of the warrant civill and ecclesiasticall which authorized the former Covenant. And although we could have wished that his Maᵗʸ had added both his subscription & authority unto it, yet the lesse constraint from authority and the more liberty, the lesse hypocrisie, and more sincerity hath appeared: But by this new subscription urged by authority we both condemn our former subscription as unlawfull, because alleadged to be done without authority, and precondemn also the like laudable course in the like necessity to be taken by the posterity.
6. What is the use of merch-stones upon borders of Lands, the like use hath Confessions of Faith in the Kirk, to disterminate and divide betwixt Truth and errour: and the renewing and applying of Confessions of Faith to the present errors and corruptions, are not unlike ryding of merches. And therefore to content our selves with the generall, and to return to it, from the particular application of the Confession necessarily made upon the invasion or creeping in of errors within the borders of the Kirk, if it be not a removing of the merch stone from its own place, it is at least the hiding of the merch in the ground that it be not seen, which at this time were very unseasonable for two causes. One is, because Popery is so pregnant, and powerful in this land, as we have learned of late. The other, because the Papists who upon the urging of the Service book & Canons, have presumed of our return to Rome, will upon this our subscription arise from their dispareing of us, unto their wonted presumption. None of us will deny, but the large Confession of Faith registrated in the Acts of Parliament, doth by consequence contain this short confession and abjuration: Yet were it not sufficient against Popery to subscribe the one without the other: how then shall we think that the more generall Confession & abjuration at this time, when the urging of such Popish books hath extorted from us so necessary an application, and doth still call for a testimony, to be compleat enough without it.
7. The Papists shall hereby be occasioned to renew their old objection against us, Annuas & menstruas fides de Deo decernunt, That our Faith changeth with the Moon, or once in the yeere. Other reformed Kirks might justly wonder at our inconstancy in changing our Confession without any reall necessity, and that in one and the same yeer it cometh forth larger, & more particular, then shorter, & more generall: & our Adversaries will not fail to traduce us as troublers of the peace of the kirk & kingdom without any necessar cause.
8. It will likewise prove a confirmation of their errour, who think they may both subscribe the Confession of Faith, and receive the Service book, and Canons, which is not only a direct scandaling of them, but also a ready way to put a weapon in their hands against our selves, who maintain and professe that these and such other evils are abjured in the Confession of Faith.
9. If we should now sweare this Confession, we should be obliged by our oath to maintain Perth articles, which are the innovations already introduced in the worship of God, and to maintain Episcopacy, with the civill places, and power of Kirkmen. Because we are bound to swear this Confession by vertue of & conform unto the Kings command signed by his sacred Majesty of the date September 9. 1638. (These are the very words subioyned to the Confession and Band, and prefixed to the Subscriptions) and it cannot be denyed, but any oath ministred unto us, must either be refused, or else taken according to the known mind, professed intention, and expresse command of Authority urging the same: And it is most manifest, that His Maiesties minde, intention, and Commandement, is no other, but that the Confession be sworne, for the maintenance of religion, as it is already or presently professed, (these two being coincident, altogether one and the same, not only in our common form of speaking, but in all His Maiesties Proclamations) and thus as it includeth, and conteineth within the compasse thereof, the foresaid novations and Episcopacy, which under that name were also ratified, in the first Parliament holden by his Majesty. And where it may be objected, that the Counsellors have subscribed the Confession of Faith, as it was professed 1580. and will not urge the Subscription in another sense upon the Subjects. We answer, First, the Act of Counsell containing that declaration, is not as yet published by Proclamation. Secondly, if it were so published, it behooved of necessity either be repugnant to His Majesties declared Iudgement and Command, which is more nor to sweare without warrand from Authority (a fault although unjustly, often objected unto us) or else we must affirme the Religion in the yeare 1580. and at this time to be altogether one and the same; and thus must acknowledge, that there is no novation of Religion, which were a formall contradiction to that we have sworne. 3. By approving the Proclamation anent the Oath to be administred to Ministers, according to the Act of Parliament, which is to sweare simple obedience to the Diocesan Bishop, and by warning all Archbishops and Bishops to be present; as having voice and place in the Assembly: They seem to determine, that in their Iudgement the Confession of Faith, as it was professed 1580. doth consist with Episcopacy, whereas We by our oath have referred the tryall of this or any other question of that kinde to the generall Assembly & Parliament.
10. This subscription and oath in the mind & intention of authority, & consequently in our swearing thereof may consist with the corruptions of the Service book & Canons, which we have abjured as other heads of Popery: For both this present proclamation, and his Majesties former proclamations at Linlithgow, Striveling, Edenburgh; The Lords of privy Counsell in their approbation of the same; and the prelates and doctors who stand for the Service book & Canons, Doe all speak plainly, or import so much, That these bookes are not repugnant to the Confession of Faith; and that the introducing of them is no novation of religion or law: And therefore wee must either refuse to subscribe now, or we must confesse contrary to our late Oath, and to a cleare Truth, That the Service book and Canons are no innovations in Religion. And, though the present bookes be discharged by proclamation, yet if we shall by any deed of our own testifie, that they may consist with our Confession of Faith, within a very short time, either the same bookes, or some other like unto them, with some small change, may be obtruded upon us, who by our abiuration (if we adhere unto it) have freed both our selves, and the posterity of all such corruptions, and have laid a faire foundation for the pure worship of God in all time comming.
11. Although there be indeed no substantiall difference between that which We have subscribed, & the Confession subscribed 1580. more than there is between that which is hid, and that which is revealed; A march stone hid in the ground, and uncovered, betwixt the hand closed and open, betwixt a sword scheathed and drawne, or betwixt the large Confession, registrat in the Acts of Parliament, and the short Confession, or (if we may with reuerence ascend yet higher) between the Old Testament & the New, yet as to scheath our sword when it should be drawn, were imprudency, or at the commandement of Princes, professedly Popish in their dominions, after the Subiects had subscribed both Confessions, to subscribe the first without the second, or at the will of a Jewish Magistrate, openly denying the New Testament, to subscribe the Old alone, after that they have subscribed both, were horrible impiety against God, and Treachery against the Truth: Right so, for Vs to subscribe the former a-part, as it is now urged and framed, without the explanation and application thereof at this time, when ours is reiected; and the subscribers of the former refvse to subscribe ours, as containing something substantially different, and urge the former upon us, as different from ours, and not expressing the speciall abiuration of the euils, supplicated against by us, were nothing else, but to deny and part from our former subscription, if not formally, yet interpretatively. Old Eleazar, who would not seeme to eate forbidden meate, and the Confessors and Martyrs of old, who would not seeme by delivering some of their papers, to render the Bible, or to deny the Truth, may teach us our duty in this case, although our lives were in hazard for refusing this Subscription: And who knoweth but the LORD may be calling His people now, who have proceeded so far in professing His Truth at this time, to such Trials and Confessions, as His faithfull witnesses have given of old; that in this point also our doing may be a document both to the succeeding ages, and to other Kirks, to whom for the present we are made a spectacle.
12. If any be so forgetfull of his oath (which God forbid) as to subscribe this Confession, as it is now urged, he doth according to the proclamation acquiesce in this declaration of his Majesties will, and doth accept of such a pardon as hath need to be ratified in Parliament, And thus doth turne our glory unto shame, by confessing our guiltinesse, where God from Heaven hath made us guiltlesse, and by the fire of His Spirit from Heaven hath accepted of our service, And doth depart from the commandement of God, the practise of the Godly in former times, and the worthy and laudable example of our worthy and religious progenitours, in obedience whereof, and conform to which, We made profession to subscribe: for there is no particular Act required of us, to whom the pardon is presented in this proclamation, but this new subscription allanerlie.
13. The generall band now urged to be subscribed, as it containeth many clauses not so fitting the present time as that wherein it was subscribed, so is it deficient in a point, at this time most necessary, Of the reformation of our lives, that we shall answerably to our profession, be examples to others, of all Godliness, sobernesse and righteousnesse and of every duty we owe to God and man, without which we cannot now subscribe this Confession, least we loose the bands to wickednesse, seem to repent of our former resolutions and promises, and choose to have our portion with hypocrites, professing and swearing that we know God, but in our workes denying him, being abominable, disobedient, and unto every good work reprobate.
14. Since the narrative of the generall band is now changed, & some lines, expressing at length the Papists, and their adherents to be the partie from whom the danger to Religion, and the Kings Majestie was threatned, are left out, and no designation made of the partie from whom the danger is now threatned, We are made either to think, that our subscription at this time is unnecessarie, or to suspect that we who have supplicated and entred in Covenant, are understood to be the partie, especially since the Lords of Councell have in the Act Septemb. 22. ratifying the Proclamation, found themselves bound to use their best endeavours, that all his Majesties good subjects may rest satisfied with his Majesties Declaration, since also we have beene (although undeservedly) challenged of disorders, distractions, and dangers to Religion, and his Majesties authority; and since in the foresaid Act, and in the missive directed to his Majestie, the Lords of Councell offer their lives and fortunes to his Majestie, in repressing all such as shall hereafter prease to disturbe the peace of this Kirk and Kingdome; which being expressed in a generalitie is by many applied to us, and interpreted of our adhering to our Covenant; We should therefore, by our subscription of the Covenant, as it is now conceived, both do directly against our owne minds in condemning our selves, wherein we are innocent, and should consent to our owne hurt, to the suppressing of the cause which we maintaine, and to the repressing mutually one of us of another, dirictly contrarie to our former solemne Oath and subscription.
15. The subscribing of this Confession by the Lords of His Majesties privie Councell, who by their place and high employment are publike Peacemakers, and by others who have not subscribed the late Confession, will make the breach wider, and the lamentable division of this Kirk more desperate then ever before, some having sworne to labour by all lawfull meanes to recover the former Libertie, and puritie of Religion, and others maintaining that for puritie, which is alreadie established; Some beleeving and professing, that the evils supplicated against, are abjured in that Confession of Faith, and others maintaining the Confession of Faith, and these corruptions (although for the present discharged by Authoritie) not to be inconsistent: and beside this, many divisions and subdivisions will ensue, to the dolefull renting of the Kirk and Kingdome, making way for the wrath and many judgements of God often threatned by his faithfull servants, which all the godly ought to labour by all meanes to prevent.
16. Wee represent also to the honourable Lords of privie Councell to be considered, That the Doctrine, Discipline, and Use of Sacraments are sworne, and the contrarie abjured, according to the Word of God, and the meaning of the Kirk of Scotland, in the Books of Discipline and Acts of Assemblies; And that in the Oath there is no place left to the generalitie of any mans conception of the true Faith and Religion, nor to any private interpretation, or mentall reservation.
For these and the like considerations, in our owne name, and in name of all who will adhere to the late Covenant, subscribed by Us, and sealed from Heaven, We (from our dutie to God, our King, our native Countrey, our selves, and the posteritie, lest our silence import a satisfaction of our desires, and a stopping of our mouths, from necessarie supplication, for things yet to bee obtained from his Majesties just and gracious disposition), are constrained to declare and protest, First, That the cause and occasion of the distractions of the Kirk and common-wealth are no wayes to bee imputed unto us, or our needlesse feares, but to the innovations and corruptions of Religion, which, against the acts and order of this Kirk, and the Lawes of the Kingdome, have beene pressed upon us the people of God, and his Majesties loyall Subjects; who, although under great thraldom, were living in peace and quietnesse, labouring in all godlinesse and honestie, to do our dutie to God and man. Secondly, We protest, that all questions and doubts that arise, concerning the freedome of the Assemblie, whether in the constitution and members thereof, or in the matters to be treated, or in the manner and order of proceeding, be remitted to the determination of the Assembly it selfe, as the onely proper and competent Judge, And that it shall be lawfull for us, being authorized with lawfull commissions, as at other times when the urgent necessitie of the Kirk shall require, so in this exigence to assemble our selves at the Diet appointed, notwithstanding any impediment or prorogation to the contrary. And being assembled, against all qualifications and predeterminations, or presupposals, to propone, treat, reason, vote, and conclude, according to the Word of God, Confession of Faith, and Acts of lawfull Assemblies, in all Ecclesiasticall matters pertaining to the Assemblie, and tending to the advancement of the Kingdome of Christ and good of Religion.
Thirdly, since Archbishops and Bishops have no warrand for their office in this Kirk, since it is contrary both to reason and to the Acts of the Kirk, that any have place and voice in the Assemblie, who are not authorized with lawfull Commissions; and seeing both in common equitie, and by the tenour of this Proclamation they are made lyable to the triall and censure of the Assembly, Wee protest, that they bee not present, as having place or voice in the Assembly, but as rei to compeere, for underlaying tryall and censure upon the generall complaints already made, and the particular accusations to bee given in against them; And that the warning given by His Majesties Proclamation, and this our Protestation, bee a sufficient citation to them, to compeer before the Assembly, for their triall and censure in life, office, and benefice.
Fourthly, Wee solemnly protest that We do constantly adhere to our Oath and Subscription of the Confession of Faith and Covenant, lately renewed and approven, with rare and undeniable evidences from heaven, of the wonderfull workings of his Spirit, in the hearts both of Pastors and people, through all the parts of the Kingdome; And that we stand to all parts and clauses thereof, and particularly to the explanation and application, containing both our abjuration of, and our union against the particular evils and corruptions of the time; a dutie which the Lord at this time especially craveth at our hands.
Fifthly, We also Protest, that none of us who have Subscribed, and do adhere to our Subscription of the late Covenant, be charged, or urged, either to procure the subscriptions of others or to subscribe ourselves unto any other Confession or Covenant, containing any derogation therunto, especially that mentioned in the Proclamation, without the necessarie explanation and the application thereof alreadie sworn by us for the reasons above expressed: And because, as we did in our former Protestation appeale from the Lords of His Majesties Councell, so do we now by these renew our solemne appeale, with all solemnities requisite, unto the next free Generall Assemblie and Parliament, as the onely supreame nationall Judicatories competent, to judge of nationall causes and proceedings.
Sixthly, We protest, That no subscription, whether by the Lords of Councell or others, of the Confession mentioned in the Proclamation, and enjoyned for the maintenance of Religion, as it is now already, or at this present time established and professed within this Kingdome, without any innovation of Religion or Law, be any manner of way prejudiciall to our Covenant, wherein we have sworn to forbeare the practice of Novations already introduced, &c. till they be tryed in a free Assembly, And to labour by all lawfull meanes, to recover the puritie and libertie of the Gospel as it was established and professed before the foresaid Innovations: And in like manner, that no subscription foresaid be any derogation to the true and sound meaning of our worthy predecessours, at the time of their subscription in the yeer 1581. and afterward: Withall, warning and exhorting all men who lay to heart the cause of Religion, against the corruptions of the time & the present estate of things, both to subscribe the Covenant as it hath bin explained, & necessarily applied; and as they love the puritie and libertie of the Gospel, to hold back their hands from all other Covenants, till the Assembly now indicted be conveened, & determine the present differences and divisions, & preserve this countrey from contrary oathes.
Seventhly, As his Majesties royall clemencie appeared in forgiving and forgetting what his Majestie conceiveth to be a disorder or done amisse in the proceeding of any; so are we very confident of his Majesties approbation, to the integrity of our hearts and peaceablenesse of our wayes and actions all this time past: And therefore We protest that we still adhere to our former complaints, protestations, lawfull meetings, proceedings, mutuall defences, &c. All which, as they have been in themselves lawfull, so were they to us, pressed with so many grievances in his Majesties absence from this native kingdome, most necessary, and ought to be regarded as good offices, and pertinent duties of faithfull Christians, loyall subjects, and sensible members of this Kirk and Common-wealth, as we trust at all occasions to make manifest to all good men, especially to his sacred Majestie, for whose long and prosperous government, that we may live a peaceable and quiet life in all godlinesse and honesty, We earnestly pray.
Whereupon a noble Earle, James Earle of Montrose, &c., in name of the Noblemen; M. Alexander Gibson, younger of Durie, in name of the Barons; George Porterfield Merchant Burgesse of Glasgow, in name of the Burrowes; M. Harie Rollock Minister at Edinburgh, in name of the Ministers: and M. Archbald Johnstoun Reader hereof, in name of all who adhere to the Confession of faith and Covenant lately renewed within this Kingdome, tooke instruments in the hands of three Notars present, at the said Mercate Crosse of Edinburgh, being invironed with great numbers of the foresaid Noblemen, Barons, Gentlemen, Burrows, Ministers, and Commons, before many hundred witnesses, and craved the extract thereof: And in token of their dutifull respect to his Majestie, confidence of the equitie of their cause, and innocencie of their carriage, and hope of his Majesties gracious acceptance they offered in all humilitie with submisse reverence a copie thereof to the Herauld.
1638.—September 24.
72. Proclamation.[96]
At Holy-rood-house the 24. day of September Anno 1638.
The which day a Noble Earle, James Marquesse of Hamiltoun, Earle of Arran and Cambridge, his Majesties Commissioner, having produced and exhibit before the Lords of secret Councell, upon the twenty-second day of this instant, a warrant signed by his Majestie, of the date the ninth of September instant; wherein among others of his Majesties gracious and royall expressions for preservation of the purity of Religion, and due obedience to his Majesties authoritie in the maintenance thereof, his Majestie did will and ordaine that the Lords themselves should sweare the Confession and generall Band mentioned in his Majesties said warrant, and also should take such order as all his Majesties lieges may subscribe the same. And the said Lords of secret Councell, acknowledging his Majesties pious and gracious disposition and affection to the purity of Gods truth, did upon the 22. day of September instant, unanimously and with all humble, hearty, and sincere affection, sweare and subscribe the Confession of Faith, dated the second of March 1580. according as it was then profest within this Kingdome: Together with the foresaid generall Band dated in Anno 1589. And now to the effect that all his Majesties lieges may give the like obedience to his Majesties so pious desire, therefore the said Lords have ordained and ordaines all his Majesties lieges, of whatsoever estate, degree or qualitie, Ecclesiasticall or Civill, to sweare and subscribe the said Confession, dated the second of March 1580. and that according to the said date and tenour thereof, as it was then profest within this Kingdome: Together with the said generall Band dated in Anno 1589. as they will answer at the contrarie upon their obedience. And ordaines Officers of Armes to passe to the market crosse of Edinburgh, and make publication hereof, and at all other places needfull, where-through none pretend ignorance of the same.
1638.—September 30.
73. Letter from the King to Hamilton.[97]
Hamilton,
I have no time now to make my observations upon your Proceedings, therefore now I shall onely tell you that I approve them all, (in what concerns your part of them;) and that not onely so, but that I esteem it to be very great Service (as the times are.) This much I thought necessary at this time to encourage you in your Proceedings: my next shall be longer, yet this is enough to assure you that I am
Your assured constant Friend,
Charles R.
Hampton-Court,
30 Sept. 1638.
1638.—October 1.
74. Letter from the King to the Council.[98]
Right trusty and right wel-beloved Cousin and Councellour, Right trusty and right well-beloved Cousins and Councellours, We greet you well: As by your Letter We finde now well you are satisfied with Our gracious pleasure, expressed in Our late Proclamation and Declaration; so We do expect the continuance of your care by your best indevours, to bring al Our good people to a true sense of Our Royal intentions, and reall care of preferring and advancing the good and peace of that Church and Kingdome, which hath always been and still is one of Our chiefest cares. We give you hearty thanks for your affection and pains in this service, and do approve of your course in subscribing of the Confession and band, and order taken by you for publishing and requiring the like due and thankfull acceptance of Our gracious pleasure by all Our good subjects. And seeing the time of the Assembly doth now approach, We require you to attend diligently upon our Commissioner, untill the time appointed for the down sitting of the said Assembly, and further, to the finall ending thereof; that from time to time you may be assisting to him with your best opinions and advices, for preparing and digesting every thing that may conduce to bring this businesse, to be treated upon in the Assembly, to the wished peaceable and happy end. And although We will not doubt but that all Our good subjects will be carefull of every thing that may concern Us, or Our Sovereign Authority: yet because that at such publick and generall meetings, it is not to be expected that all mens dispositions will bee alike, and of one temper, We require you, and that in a more particular manner, according to the trust and confidence We have in your affections to Our Service, carefully to advert, that if any proposition shall be made, which may seem to derogate from Soveraignty, or that true estate of Monarchicall Government already established within that Kingdome, or which may impede the peaceable conclusion of this Assembly, that as good subjects and faithfull Councellours and servants to Us, you assist Our Commissioner to withstand the same to the uttermost of your power: To whom We will you to give absolute trust in every thing which he in Our name shall deliver or impart to you, or any of you, in publick or in private, And so we bid you farwell. From Our Honour of Hampton Court the first of October, 1638.
1638.—October 3.
75. Letter from Lords Covenanters to Commissioner.[99]
Please your Grace,
Wee wer glade of the indiction of the ane assembley, as the means to bring our complaints to ane end; and as wee promissed for our pairt to doe our endeuore, that all matters might be carried in a peaceable way, and no man troubled in any sorte till that tyme, so did wee certainlie expecte, that no violence or molestatione should haue beine wssed aganist aney of thosse quho had subscriued the last couenant; and zet, far contrarey to our expectation, are brought hither almost eurey houre griuous complaints from maney of the people in diuersse pairts of the kingdome; that they are by the threttninges and oppin violence of some statsmen, and counsellers, and barrons, constrained to subscriue a confession of faithe and band; some with blind and doubting mynds, and others aganist ther conciences, to the grate trouble of ther soulles, and grate disturbance of the peace of the countrey, contrarey to suche peaceable preparations as should haue proceidit a perfyte pacification at a generall assembley. If wee had hard bot some complaints of this kind, wee wold haue spared both your Graces paines and our auen; bot complaints being multiplied more and more, wee could not bot of deutiey make some representations therof to your Grace, that some coursse may be takin for present suppressing this so irreligious and vniust maner of doing; and for præuenting the hard consequences that may ensew from people quho are thus pressed to subscriue aganist ther mynds, and from others who are ioneyed in couenant with them, wich, as it is humblie petitioned, so it is confidently expected by,
| Your Grace’s humble seruants, | ||
|---|---|---|
| Cassils, | ||
| Louthean, | ||
| Lindesay, | Balmerino, | |
| Loudoun, | Burlie, | |
| Johnston: | ||
1638.—October 3.
76, 77, 78. Answer thereto, and Correspondence.[100]
My very good Lord,
I have received from your Lordsh: and other Noblemen a Letter, containing a complaint against the violence offered to divers of his Majesties subjects, by States-men, Councellours, and others; and that complaint aggravated by your promising and undertaking, for your selfe and all your adherents, that no man should be troubled until the Generall Assembly; and your just expectation that the same course should have beene held on the other side by Us.
For the former, I know not what States-men, Noblemen or Barons, your Lordsh: meanes; for naming none, I know not to whom I shall take my selfe; nor doe I know what violence and threatnings you mean. If you meane his Majesties Commissioners appointed by the King, they requiring his subjects to subscribe the old Confession and Covenant, by his authoritie now renewed, and remonstrating unto them the danger they incurre by law in not obeying his Majesties commandement, I hope that cannot be called violence, but duty, the omission whereof must needs be a violation of, and violence offered to his Majesties sacred authoritie: If other violences and threatnings they have used, as your Lordsh: seemeth to intimate (for their obedience to his Majesties just authority, I am sure your Lordsh: will not call violence) they must answer for it, and shall whensoever your Lordsh: shall make known the delinquents. But alas, my Lords, Tell me now in good earnest, whether you have heard they have used such violence in perswading this Covenant, as hath beene used by your adherents in inforcing of yours? Hath the bloud of Gods seruants, his holy Ministers, beene shed, which bloud I am afraid keepeth the vengeance of God still hanging over this Land? Have men beene beaten, turned out of their livings and maintenance, reviled and excommunicated in the Pulpits, and a thousand more outrages acted upon them for not subscribing this Covenant? Have none who have subscribed your Covenant, done it with blind and doubting minds? If they have, I beseech your Lordsh: not to call his Majesties Councellours legall proceedings irreligious and unjust, untill you have proved the pietie and justice of the proceedings of your owne adherents.
For the other, of your undertaking and promising for your parts, that no man should bee troubled till the Assembly, and expecting the like from us, truly I am glad I have it under your Lordships hands, for I think there are few houres of any one day, since the indicting of the Assemblie, that from all parts of this Kingdome, I am not vexed with complaints of new processing of Ministers, new withholding of Ministers stipends unprocessed, heavie complaints of Ministers of your owne Covenant, that they are threatened, and that sharply and bitterly, for their declaring of their griefe, in being barred of their freedome in the election of their owne Commissioners to the Generall Assembly, and being borne downe by the multitude of Lay voices, and menaced because of their protesting against the same, the complaints of Ministers Non-Covenanters and Lay-Elders Non-Covenanters, chosen by their Sessions to assist at the election of the Commissioners from the Presbyteries, but turned back for not having subscribed your Covenant, and reviled with bitter words for being so pert as to come thither; Is this the performance of promising, that no man shall be troubled till the Assembly? These are, indeed, preparations very unfit to precede this Assemblie, they being so unpeaceable and like to take up much time, in discussing, at that great Meeting, the illegality of these elections. My Lord, the truth is, I shall be as carefull to see any wrong offered by his Majesties Commissioners (in urging his Majesties authoritie) punished, when I shall know the offences and the offenders, as I am heartily grieved at the proceedings of your Associats: Here I am sure, his Maᵗⁱᵉˢ Commissioners have bin rather backward then forward, but so have not your Lordsh: adherents bin; for they have in very many places proclaimed your Protestation, where his Majesties Declaration hath not beene proclaimed. I hope your Lordsh: will pardon my unusuall prolixitie; for I confesse I am much troubled to see his Majesties good subjects led into such misconstructions of his pious and religious intentions towards them, This my Letter, I pray your Lordsh: to communicate to the other Noble Lords, who subscribed that to me. To your selfe, and them, I pray your Lordsh: commend the true respects of
Your Lordsh:
Hamiltoun.
For the Earle of Cassills.
Letter from the Lords Covenanters to the Commissioner.[101]
Please your Grace,
After your parting from us, we had knowledge from John Wilson Skipper, & sundry of his Passengers newly arrived, That, being at sea on his way from Holland hither, one of his Maᵗⁱᵉˢ small ships of 8. Peeces, came aboard & searched him for Armes & Ammunition, declaring they did the same by his Majesties Warrant. We doe not so much value the hazzard of any prejudice, as we are heartily grieved to find any such note of his Majesties displeasure, differencing us from his other subjects, when our own hearts and the Lord that searcheth them doth beare witnesse of our loyaltie and affection to his Majestie, especially to have found it now when we are made so secure, both by the hopes of obteyning from his Majesties favour, by your mediation, these ordinary and publike remedies that can fully settle this Church and State and by assurance from your Grace we should finde no such hard dealing, during the time of your imployment amongst the subjects here, who trust in your care to prevent speedily the inconvenience of this, as you did in that other late particular anent the arrest of our horses in England. We thinke this advertisement sufficient to your Grace, who is wounded through our sides if wee suffer any thing in this time, being so farre interessed to vindicate us from such prejudice, who doe acknowledge our selves to be
Your Graces humble
servants.
Rothes, Montrose, Home, Weymse, Lindesay, Boyd, Loudone, Balmerino, Dalhousie, Forrester, Elcho, Cranstoune, Balcarres, Burghly, Lothiane.
Edinb. the 28. Septemb.
1638.
Answer to the foregoing, by the Commissioner.[102]
My Lord,
I have received a Letter this day signed by your Lordsh: and sundry other Noblemen, making mention, that one John Wilson Skipper, being on his way from Holland hither, was searched by one of his Majesties small ships. This is no new nor unaccustomed thing; for commonly the Captains of his Majesties ships during the time of being at sea, doe take notice what the loadings of all such ships are, as they meet with, who trade in the Channell; it being a prerogative that belongs to his Imperiall Crown: I am persuaded that your Lordsh: and the rest of my Lords cannot thinke, but if his Majestie had been desirous to have made stop of importation of Ammunition into this Kingdome this time past, but it would have been an easie matter for him to have effected; but so little hath he regarded this, as he hath not so much as taken notice of it, And yet it were no strange thing, if his Majestie should give direction to cause examine for what end so great store of Ammunition is imported into this Kingdome, and a little more narrowly to looke into our actions; when, by I know not whom, there hath been so much notice taken of such Ammunition, as his Majestie hath thought fit to send hither. For notwithstanding that your Lordsh: sayes we are made secure by the hopes of obtaining from his Majestie these remedies that can fully settle this Church and State, yet I may say courses are taken to put feares in his Majesties good subjects minds, by perswading of them that no such thing is intended: This does too too manifestly appeare by the watching and guarding his Majesties Castle, and many other courses: but of this I will write nothing, my intention being only to returne answer of what is writ to me: And therefore for your Lordsh: satisfaction I shall acquaint his Majestie with the contents of your letters, who will no doubt give such directions therein, as his good subjects will have no just cause of complaint: Whereas you have been pleased to say, that you have been assured by me, that you should receive no such hard dealing, during the time of my imployment; let mee desire you to consider this aright, and you will find it none; for neither was that ship stayed from proceeding on their intended voyage, nor anything taken from them, nor needs your Lordsh: to doubt that his Majestie will doe any thing (except our owne indiscretion provoke him) that may make appear to the world that he makes a difference betwixt us of this nation and his other subjects. Bee confident, my Lord, that my endeavours have, and doe tend to no other end, but to the glory of God, the honour of his sacred Majestie, and the preserving from ruine this poore distracted Kingdome; and that I have and shall labour to prevent all such accidents as may breed the least stop or hinderance of this wished event, which I hope and am confident that your Lordsh: and all those noble Lords who have signed this Letter to me, will take the same to heart; and then certainly you will not be so easily moved with such light and sleight reports: Nor will your Lordsh: thinke that either you or I can bee wounded by the order and command of so pious, mercifull, and so clement a Prince as is our dread Soveraigne, who hath showne himselfe to be so full of goodnesse, as we must of all men living prove the worst, if we be not thankfull to God, and him for it. This my letter your Lordsh: will be pleased to communicate to the rest who haue writ to me, and esteeme of me as
Hammilt. 24[103] Sept. 1638. Your Lordships
humble servant,
Hammiltoun.
For the Earle of Rothees.
1638.—October 5.
79. Explanation by the Bishop and Doctors of Aberdeen on signing the King’s Covenant.[104]
First, we do heartily abhor and condemn all Errours truly Popish, or repugnant to the Holy Scripture, and consequently to the Uniform Doctrine of the Reformed Kirks, and to Our National Confession registered in Parliament An. 1567.
Secondly, we do no ways hereby abjure or condemn Episcopal Government, as it was in the days, and after the days, of the Apostles in the Christian Kirk for many hundred of years, and is now conform thereto restored in the Kirk of Scotland.
Thirdly, we do not hereby condemn nor abjure the Five Perth Articles, or any thing lawful of that sort, which shall be found by the Church conducible at any time for good Policy and Order, or which is practised by any sound Reformed Kirk.
Fourthly, we still hold to that Clause of our great National Confession, (chap. 20. art. 21.) that the General Councils, and consequently the National Kirk of Scotland, have no power to make any perpetual Law which God before hath not made.
Fifthly, by the adhering to the Discipline of the Reformed Kirk of Scotland, we mean not any immutability of that Presbyterial Government which was An. 1581. or of any other Humane Institution: but we do hereby understand that the Ecclesiastical Jurisdiction and Discipline of the Kirk of Scotland doth not depend on the Pope of Rome, or any other Foreign Power; and hereby we do confess our constant Obedience to the Kirk of Scotland in all her lawful Constitutions.
Sixthly, we do not presume by this our personal Oath either to prejudge the liberty of the Kirk of Scotland, to change and reform this foresaid short Confession, in some ambiguities and obscure expressions thereof, whereupon some men have builded inconvenient Interpretations and Doctrines, or to exime our selves from Obedience to the Kirk in that case.
Seventhly, by this our personal Oath we do not take upon us to lay any further Bond upon our Posterity, than the Word of God doth, recommending onely our Example to them, so far as they shall find it agreeable to Gods Word.
In this sense as is said, and not otherwise, do we subscribe the said Confession, and the general Bond annexed thereto, at Aberdeen Octob. 5. 1638.
Signed,
Ad. Aberdonen.
John Forbes D. and P. of Div.
R. Barrone D. and P. of Div.
Al. Rosse D.D.
Ja. Sibbald D.D.
Al. Scrogie D.D.
Wil. Lesley D.D.
1638.—October 9.
80. Letter from the King to Hamilton.[105]
Hamilton,
I Confess this last Dispatch does more put me to seek how to judge of the Affairs of that Kingdom, than any that I have yet received; for I did not think that you would have met with so much opposition within your bounds, since (as I thought) you past well over a greater difficulty, to wit, the Peevishness of the Council. The cause of this I judge to be, that you did not make so much opposition against the Protestation as it deserved, though (I believe) as much as you could. But one thing I desire you to send me the reason of, which is, why you have mingled the Protesters with my good Subjects, as Commissioners in most of all the Shires, for the procuring of Subscriptions to my Bond: now it seems to me, that this will make the Covenanters oppose my Service with a shew of more Authority than otherwise they could, (and certainly you cannot but imagine, that they must oppose that that they have protested against;) for, by this the ignorant Multitude may be brought to believe, that my Council have either admitted, or, at least, do not gainsay, the protestation: yet whether I be right in this or not, I will suspend my Judgment, even of my own Opinion, until I hear from you. But one thing I will confidently affirm, that until most of the Council express themselves vigorously in detestation of this last damnable Protestation, never look for any Obedience there. In the latter end of your letter, you are very careful not to give them cause of Fears of my Preparations, or hindering theirs; yet in the middle persuade to hasten on Mine: now, besides that this seems to me a Contradiction I think that there is as much (if not more) danger now, that they should imagine I fear to displease them, than to make them scar at my Preparations, or for stopping of theirs; for now that the pretext of Religion is (I dare say) fully satisfied, fearful Proceeding now may hazard the loss of the little Party we have, by making them probably fear, that I either cannot or dare not maintain my own authority. But I doubt not your Dexterity and Diligence will help me to break through these difficulties; and so I rest
Your assured constant Friend,
Charles R.
Hampton-Court,
9 Octob. 1638.
1638.—October 20.
81. Letter from the King to Hamilton.[106]
Hamilton,
I see by yours of the 27ᵗʰ of September, that the Malignity of the Covenanters is greater than ever, so that if you who are my true Servants do not use extraordinary Care and Industry, my Affairs in that Kingdom are likely rather to grow worse than better: therefore, you that do your endeavours accordingly deserve the more praise, and your opposers the more punishment; and in my mind this last Protestation deserves more than any thing yet they have done, for if raising of Sedition be Treason, this can be judged no less. And methinks, if the Colledge of Justice have signed my Covenant, (which I hope they have, because I hear nothing in the contrary) it were no impossible thing to get them to doe me Justice in this particular. And this I will say confidently, that until at least the Adherers to this last Protestation be declared Traitors, nothing will go as it ought in that Kingdom; I say this not to alter your course, but onely to shew you my opinion of the State of Affairs.
As for the danger that Episcopal Government is in, I do not hold it so much as you doe; for I believe that the number of those that are against Episcopacy (who are not in their hearts against Monarchy) is not so considerable as you take it.
And for this General Assembly, though I can expect no good from it, yet I hope you may hinder much of the ill; first, by putting Divisions among them concerning the Legality of their Elections, then by Protestations against their Tumultuous Proceedings. And I think it were not amiss if you could get their Freedom defined (before their Meeting,) so that it were not done too much in their Favours. And I hope you will remember to weigh well the Propositions for the Assembly, and send them up to me with all convenient speed. I have seconded your Letter to the Mayor of Newcastle for the freeing of these Horses, and have stopped all Provisions according to your advice at Hull; yet methinks now they may be avowed to go against those that will not rest satisfied with what you have lately done in my Name. But in this I assure you that I take your advice; and so I rest
Your assured constant Friend,
Charles R.
Hampton-Court,
20 Octob. 1638.
1638.—October 24.
82. Letter from the King to Hamilton.[107]
Hamilton.
I would not answer your two of the 14ᵗʰ and 15ᵗʰ of this moneth, till I had fully dispatched the Bishop of Ross, whom I have sent away not onely well instructed, but well satisfied with my ways. It is true that his Instructions were not totally according to our Grounds, but I made him alter (I am confident) as well in Judgment as Obedience; for upon discourse he much approved of my Alterations, confessing likewise, that you upon the place may find reason to make more; wherefore all is referred to you, as well what I answered as what not; so leaving and recommending him to your care, I come to answer your last Letters, with the account of which I am much more satisfied than your other Dispatch before: as likewise you have fully satisfied me in all my Queries, and in particular I confess clearly, you had reason to joyn the Covenanters with my honest Servants, for procuring of Subscriptions to my Bond, because I see the Council would have it so. But certainly it had been better otherwise, if you could have done it with their consent. In short, I am truly and fully satisfied with all your proceedings, so that you may be confident that I am
Your assured constant Friend,
Charles R.
Whitehall,
24 Octob. 1638.