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

by Church of Scotland. General Assembly

Sess. 23.—August 30.

After prayer, there was some Billes given in, which were delivered to the Committie since they gave in their reportes.

A Bill from the Presbitrie of Lanerk anent the division of Kirkes, recommended to the Parliament.

Mr Wᵐ Livingstoun his Bill for a fellow-helper in the Ministrie at Lanerk, recommended to the Parliament.

Mr Robert MᶜClellane, at Zietaum, his Bill recommended to the Presbitrie of Kirkcudbright.

The Bill of Teviotdaill and Merse, against the profanation of the Lords Sabbath, granted.

The Bill of the Presbitrie of Haddingtoun, desiring the ratification of former Acts agᵗ the Salt Pannes upon the Sabbath day, granted.

The Assembly appoynted a Commission for drawing up of ane uniforme Cathechisme, and the order of familie exercise, and to reporte their diligence to the next Assemblie, to be there considered—viz., Mr Andro Ramsay, Alexʳ Hendersone, Robert Blair, Edward Wright, John Livingston, James Hamilton.

The Assemblie, considering that should it please God to conclude all matters in this Assemblie and Parliament, it were necessar there should be a solemne thanksgiving through all the land; that the whole bodie might rejoyce together, and the Kings Majestie might heare that this Kirk rejoyces under the sence of receaved favours; and, that they could not now appoynt the day, did give Commission to the Presbitrie of Edinburgh to advertise the whole Presbitries.

The Moderatour desired that the motion concerning the new Colledge of Sᵗ Androwes be intertained, and some expediences found out for promoving of that warke.

Mr Alexʳ Hendersone, Mr Robert Meldrum, Mr Robert Douglas, at the Moderatours desire, by many pressing arguments, did show the necessitie of provyding the Colledge well with Professours and competent means, without prejudice of any uther Colledge within the kingdome, because it was thought necessar that the Kings Majestie should receave thankes from this Assemblie, and that in a publict way.

The Committie for the Overtures did represent to the Assemblie that they should have a Commission to the Presbitrie of Edinburgh, and some uther adjacent Presbitries, with power to draw up a humble Supplication to his Majestie, acknowledging all his byegone favours bestowed upon this Kirk; to present the grievances of the Kirk, and everie member thereof; and to receive ane answer from his Majestie; and, likewise, in case of any exigencie, to acquaint his Majestie with the necessitie of holding an occasionall Assemblie. Becaus this motion was opposed by the Commissioners Grace when he came in, and another course taken to the satisfaction of the Assemblie, hereafter to be insert, [the motion was abandoned.]

The names of these that were appoynted to preach on the Sabbath. [Not given.]

A number of the Commissioners of the Assemblie, Noblemen, Ministers, Barrons, were appoynted to attend the Parliament, and there to represent the grievances of the Kirk, and to meit everie day at 6 in the morning for that effect.

Mr Alexʳ Hendersone was sent to the Councell house for the Supplication, that it might be read and considered by the Assembly before the Commissioner [came] in, the tenor whereof followeth:—

The Assemblies Supplication for Subscryving of the Covenant. [Vide p. 207 of these Records.]

The Committie appoynted for viewing of the Large Declaration having drawen up their diligence in 12 scheits of paper, for fear of marring the Assemblie, extracted furth, in two scheits, their maine and most materiall observations upon the said Booke, which they did represent unto the Assemblie, the tennour whereof followes:—

This Declaration of Doctor Balcanquel is, First, Dishonourable to God; 2ˡⁱᵉ, To the Kings Majestie; 3ˡⁱᵉ, To this Nationall Kirk; 4ˡⁱᵉ, It is stuffed full of Lies and Calumnies, which we make evident to the world by these reasons:—

First,—It is dishonourable to God:—

That albeit the Subscription of our Confession of Faith and Covenant was ane Act evidentlie tending to the glorie of God, besides the testimonies of our consciences thereanent, is now, praised be the Lord, againe acknowledged be this present Assemblie; notwithstanding, to the great dishonour of God and his true religion, as it is now professed in this kingdome, it is most impudentlie averred in this Large Declaration, that the subscription of our Covenant doth most evidentlie tend to the dishonour of God.—Pag. [20].

That the same Covenant is dung which was throwne upon the face of auctoritie—a lewd Covenant, with a seditious Band annexed thereto, so that everie religious and wise man may run and read that sentence of condemnation which it carrieth in its owne front—Pag. [54].

That it is a wicked Covenant, or pretended Holy League, like to that of France.—Pag. [2].

That it is a spurious Covenant.—Pag. [125].

A rebellious Covenant.—Pag. [156].

That it is not far from blasphemie to say, that God, by the fire of his Spirit from Heaven, hath accepted thereof.—Pag. [178].

That it is a dangerous and fearfull approach to blasphemie to say that it was sealed from Heaven.—Pag. [179].

And that all Christians in the world who have heard of it doe acknowledge that no such Covenant came from Heaven but from Hell, from whence cometh all portion of schisme.—Pag. [161].

Secondlie,—Dishonourable to this Kirk:—

For although it hath beene the glorie of our Kirk among foraign nations, that with the veritie of doctrine received, the puritie of discipline according to the word of God, whereby all errour in doctrine, superstitione in worship, and tyrannie in government, and especiallie all Poperie, hath beine opposed and removed; and that, of late, we have laboured to recover that puritie by removing these offices and corruptions that have no warrant by the Word of God, and re-establishing these office-bearers that are warranted by the same; notwithstanding, to the great dishonour of this Kirk, [it] is affirmed in this Declaration that there is a great deformitie in our service—no forme of publict prayer, but preachers, readers, and ignorant schoollemasters, praying in the church, sometymes so ignorantlie as it was a shame to all religion to have the Majestie of God so barbarouslie spocken to; sometymes so seditiouslie, that their prayers were plaine lybellis goeing against soveraignitie and auctoritie, or hes bein stuffed with all the false reportes of the kingdome.—Pag. [16].

That we have taken such a course to undermynd and blow up the Reformed Religion, that if the conclave of Rome, the severall colledges perpetuallie sitting at Rome for contryving and effecting the meanes of reducing all kingdomes to the Romane obedience; nay, if with both these, all the Jesuites and their most especiallie combyned and sworne enemies to our profession, all assembled in ane place, and had all their witts and devices concentred in ane conclusion and resolution, they could hardlie have fallen upon for turning all men out of the pathes of religion reformed, or have settled upon such courses which can bespeake no uther event but the undoubted everthrow of it, at least in that kingdome, unles God from heaven (which we hope) have all their cobble webs, contextures, in derision; that our maximes are the same with the Jesuites; that our preachours sermons have beine delivered in the very phrase of Becanus, Scippeius, and Swarez; that the meanes which we have used to induce credite with our proselytes, are meirlie Jesuitical fables, false reportes, false prophets, pretended inspirations and divinations of the weaker sex, as if now Herod and Pylat were once againe reconceiled for the ruine of Christ and his true religion.—P. [3] and 4.

That out conclusions are quite contrarie to the Confessions of all Reformed Churches in particular, and of our Scottish Positive Confession, and that all the weapons wherewith we now fight against these Protestant Conclusions, are stolen or borrowed out of the most rigide Jesuit Magazens; to witt, that we are to be accompted not as friends to the Kings Majestie, but as foes; not as Protestants, but as the most rigide of Papists, Jesuits; and so being without in this poynt, not bring scandall upon the reformed religion, and those who are not with the same, especiallie considering we have gone about to wound the reformed religion through the Kings Majesties sydes—Pag. [4].

That Ruleing Elders were brought in, onlie out of a feare that rigide ministers designed for the Assemblie, might want a sufficient number of their fellow ministers for their elections in their severall Presbitries.—Page [189].

That Mr David Mitchell was processed and deposed, for doctrines uncontraverted and generallie receaved by all Protestant Churches in the world.—Pag. [206].

That the processe against the Bishops was pursued with such malice, injustice, falshood, and scandall, not only to the reformed religion in particular, but to the Christian religion in generall, as it cannot be paralelled by any precedent of injustice in precedent ages; and which, if it were knowen among Turkes, Pagans, or Infidells, would make them abhorre the Christian Religion, if they did thinke it would either countenance or could cousist with such abominable impietie and injustice.—Pag. [207].

That some used a notable trick of forgerie and Romish imposture, for advancing the worke of reformation, by working upon the weaknes of a young maid, and makeing choyse of her as a fitt instrument to abuse the people.—Pag. [226], [227].

That such was our blind obstinacie, that we scorned that any one should sitt in the Assemblie who ran not in our rebellious courses, as holding it a dis-reputation to abate any thing of our power or will, and we would be sure to clippe the winges of auctoritie.—Pag. [245].

That we should have everie mechanick artizan, being chosen a lay elder, to have equall power and state with his Majestie.—Pag. [246].

That the Kings Commissioner got certain intelligence of the Covenanters unmovable resolution, that altho’ the Assemblie should be continowed, and all things which they desire should be granted and effected, that the quyetnes and peace of this Kingdome should be never a whitt the more settled or established, but that they were determined to choose certain committies, who, under the name of Commissioners from the Generall Assembly, should keepe up their Tables, and be chosen and continowed from one Assemblie to another, and so hold on the same rebellious courses which they ever held, since the first erection of their Tables—to the overthrow of the Kings royall auctoritie, and the auctoritie of the Lords of Counsell and Session.—Pag. [269].

That under the name of Arminian tenets, many thinges in all the Reformed Churches were condemned in the Assemblie.—Pag. [317].

That the conclusions in the Assemblie tended to the sedition and rebellion, and the overthrow of the lawes both of Church and Kingdoms; and that many of them were false and foolishe positions.—Pag. [324].

That the Covenanters are the worst and most disloyall pack of the Kingdome.—P. [380].

Thirdlie,—Dishonourable to the Kingdome:—

For, although it hath beene the glorie of this Kingdome that it hath continowed in duetifull subjection and obedience for many ages under 107 Kings, and we have ever acknowledged our quyenes, stabilitie, and happines to depend upon the safetie of our graceous King, as upon Gods Vicegerent sett over us for mantenance of Religion and ministration of Justice—not having any intention to desire to attempt any thing that might turne to the diminution of the Kings honour and auctoritie;—notwithstanding, to the great dishonour of this Kingdome, it is affirmed in this Declaration, that, although the Marqueis of Hamiltoun, during his continowance among us, found that we gave him civill respects as Marqueis of Hamiltoun, yet his being clothed with the Kings auctoritie and Commission did much diminische them.—Pag. [86].

That the State of Scotland hath beene much of late discomposed and disconected by the seditious practices of divers, impatient of all lawes and government—Pag. [1].

That, by persisting [in] our tumultuous and rebellious courses, we doe demonstrat to the world our wearinesse of being governed by his Majestie and his Lawes, and our itching humour of having this Kingdome governed by a Table of our owne devysing—a monstrous birth, as the lyke hath not beene bredd in any kingdome, Christian, Jewish, or Pagan.—Pag. [2].

That we are like these of the bloudie League in France, who hoped that the verie name of Holy League would cause in the world a mistake of their meaning, and palliat their most wicked and unnaturall treasons for rooting out that lawfull Soveraignitie and the true Religion.—Pag. [44].

That we begunne the most unnaturall Councells and horrible rebellion that this or perhapes any other age in the world hath ever beine acquanted with—that we begin to invest ourselves with the supreme ensignes and markes of Majestie and Soveraignitie, by erecting publict tables of advice and counsell for ordering the effaires of the Kingdome without the Kings auctoritie, and by entering into a Covenant and most wicked band and combination against all opposers, not excepting the Kings oune persone, directlie against the Law of God, the Law of Nations, and the Municipall Lawes of this Kingdome.—Pag. [53], [54].

That these our meetings at our tables have beene accompted by wise men, rather stables of unrulie horses brocken louse, and pulling doune all they can reach, and throwing dung into the face of auctoritie.—Pag. [54].

That we suggested some alteration in religion to be made by the innovations, onlie to that end that the Kings Subjects might be keeped from returning to their obedience.—Pag. [152].

That the divilishe obstinacie and malice of our factious spirits found meanes to blindfold the peoples eyes, and so keepe them from discovering and acknowledging the Kings Grace and goodnes towards them.—Pag. [155], [156].

That it was our master peice to stoppe anything, though never so well lyked be ourselves, if it wer commanded by the Kings auctoritie, as fearing that if he had obedience In any one thing, the people might recover the tast of governement.—Pag. [193].

That the heads of the Covenanters were affrayed that any shew of obedience should be yielded to the King by his people in the least poynt.—Pag. [204].

That not so much as the least inclination to peace could be discovered in us.—Pag. [84].

That, above all things, they of the Covenanters table, were affrayed that the people should receave any satisfaction from his Majestie, or rest contented with the grace of his most reasonable proffers of favour.—Pag. [90].

That the Leaders of the Covenanters studied nothing more then to suppresse the Kings graceous intentions and favoures towards them—Pag. [91].

Fourthlie,—This Declaration is stuffed with a hudge number of Lies, in averring Untruthes besides the alreadie mentioned—for instance, as follows:—

That the Covenanters pretend religion, and intend nothing less then that: their courses are tumultuous and rebellious.—Pag. [2], et passim.

That our Covenant, by Papists, was receaved with infinit joy, as hopeing that the King and his successours might be brought to ditest that religion whose profest zelots had beene the author of such ane insufferable Covenant, which could not subsist with Monarchie—Pag. [74].

That, upon the removing of the Covenant, there was a suddaine and frequent arryvall of Priests and Jesuits from Doway, and other seminaries beyond the seas, in hope of their welcome to his Majestie.—Ibidem.

That our Covenant was receaved by the Protestants abroad with most offensive scandall, and infinit grieffe—namelie, at Charingtoune, Geneva, and other reformed churches in France—who were so scandalized with this prodigious Covenant, as that they were affrayed of nothing more then this, that It will bring ane indelable scandall upon the Reformed Churches, and alienat the mynds of all Christian Princes from ever entertaining a good thought of our religion.—P. [74].

That the Covenant was obtruded to all sortes of people with furie and madnes, with threatenings, tearing of clothes, drawing of blood, & cet.—Pag. [95].

That the seids of this sedition were sawen by the plotters of the Covenant, first, at the Kings Majesties revocation.—Pag. [6].

Secundlie, at the Commission of Surrenders.—Pag. [7].

Thirdlie, Upon the refusall of honours at the late Parliament.—Pag. [11].

That the finall alterations of the Service Booke urged upon us, in which it differeth from the English Service Booke, are such as might best comply with the mynds and dispositions of the subjects of this kingdome.—Pag. [18].

And that the same Service Booke was no different from the English in any materiall poynt.—Pag. [19].

That the heads of the Covenant had no sooner notice of the peaceable course intended by us, but they flew out in farr greater violence.—Pag. [79] and [113].

That the Proclamation, Julii 4, would have beene receaved by the people with humble and thankfull acknowledgment, if they had not beene not onelie diverted, but perverted by these men, who interpreted everie satisfaction of the subjects to be a divideing from themselves.—Pag, [92], [93].

That, in our Privat Meetings and Publict Sermonds, we have endeavoured to settle in the subjects mynds, opinions, feares, and jealousies quyte contrare to our printed asseverations—Pag. [107].

That the principall Covenanters, Noblemen, Gentlemen, and Ministers, protested to the Kings Commissioner, that their meaning was never to abolische Episcopall governments, but to have it limited, and censurable by the Generall Assemblie; and that they had farr rather live under it than under the tyrannie of Presbitries, which they have heard the Fathers complaine of, and bidd them bewarr of.—Pag. [114], [115].

That the heads of the Covenant had layd upon the King that aspersion that he intended to bring in Poperie, or, at least, to tollerat the same; becaus they believed it was the most powerfull meanes of alienating the mynds of the people from him, which they onlie intendit—Pag. [125], [126].

That the Marqueis of Hamilton presented to his Majestie not only the improbabilitie that ever the ring leaders of that rebellion would desist untill they had obtained their wicked ends, and that the only hope of peace was placed in dividing the people from them, by preferring unto the people such graceous favours as in all likeliehood they neither could nor would reject.—Pag. [126].

That laymen did not sitt in Presbitries 40 yeares before.—Pag. [132] and [191].

That it is unquestionablie true that Episcopacie may and doth consist with the Confession of Faith. Pag. [158] and [177].

That Archbishops and Bishops, September 1638, had and have still a settled office in the Kirk be Parliament, nay, and be Assemblie too.—Pag. [180].

That the Covenanters choose none to the Assemblie but such as they were sure would receave no satisfaction, and keepe all uthers from accepting any.—Pag. [188].

That the Covenanters laboured hard to persuade that none of these thinges promised in the proclamation—no, not the Assemblie itselfe—were ever intended to be performed by the King, but that he studied to deley tyme whill he were readie for their ruine—Pag. [195].

That they resolved to increase thir disorders to such a height, and to multiplie affronts upon the King and his auctoritie, as they imagined should be past all sufferance, that they might compasse their desyres of his Majesties Commissioner, either prorogation or discharging the Assemblie.—Pag. [195] and [228].

That the witnesses in Mr David Mitchells process being all laymen, wer men of such mean and ordinarie understanding, as that it was improbable, if not impossible, that they should understand the doctrines that he was charged with.—Pag. [206].

That the meeting at Edʳ was to agrie upon the conclusions to be made in the Assemblie.—Pag. 133 and [231].

That the two Covenanting Ministers of Edinburgh declairing to uther Covenanting Ministers that bemoned themselves, wondering that they would give way to the utter defaceing of the Church by these laick intrusions, that they grieved for it as much as themselves, but that they must winke at it, else the nobilitie, gentrie, and burrowes did threaten them with a desertion. That the Bookes of Discipline were penned by some privat men, but were never confirmed by Act of Parliament or Generall Assemblie.—Pag. [313].

That there is nothing in the Confession of this Kirk against the tenets of Arminius.

That we confessed the 4 Bookes of the Assemblie not to be originalls, but copies—Pag. [271].

Fyftlie,—Our intentions, wordes, and actiones, are miserable wreasted in this Declaration.

That our refuseing to except the King out of the number of persons against whom the Band of mutuall Maintainers was intendit demonstration that, in our intentions, he was the persone chiefly aymed at.—Pag. [106].

Whereas he could not be excepted, because our Mutuall Maintenance against all persones quhatsomever was in defence of Religion, the Kings persone, and auctoritie.

That our meaning in explication of the Covenant was, that we would continow the Kings obedient subjects if he would pairt from his soveraignitie, and that we would obey him if he would suffer us to command.—Pag. [115].

Whereas our true meaning therein was to cleare ourselves of the imputation of disloyaltie to our graceous Soveraigne; and whereas the Bill against the President and Clerk-Register was given in to crave justice upon them as offenders, yet it is affirmed that it was becaus we knew the Marqueis neither could nor would yield unto it, and that by his denyall we might have meanes to irritat, even to disgust the Kings graceous favours.—Pag. [93].

The Assemblies Judgment concerning the Manifesto.

After the reading whereof, the Moderatour desired some of the brethren to give their judgment of the said Booke.

Mr Andro Cant said—It is [so] full of grosse absurdities that I thinke hanging of the author should prevent all other censures.

The Moderatour answered—That punishment is not in the hands of Kirkmen.

The Shireff of Teviotdaill, being asked his judgment, said—Ye were offendit with a churchmans hard sentence alreadie; but, truelie, I could execute that sentence with all my heart, becaus it is more propper to me, and I am better acquainted with hanging.

My Lord Kirkcudbright said—It is a great pittie, that many honest men in Christendome, for writing little bookes called pamphlets, should want eares; and false knaves, for writing such volumes, should brooke heads.

The Assemblie, after serious consideration of the great dishonour to God, this church and kingdome, by the said Booke, did condescend upon a supplication to the Commissioners Grace, that the same might be represented to the Kings Majestie, that his Majestie might be pleased to call in all the said Bookes, and thereby shew his dislyke thereof; and next to give Commission to cite all such persones who are either knowne or suspected to be the authors thereof, or informers anent it; and in speciall, Doctor Balcanquell, who is knowne and professed to be the author, at least the owner of a great parte thereof; that, by their examplarie punishment, others may be deterred from such dangerous and seditious courses; the tennour of which Supplication followeth:—[Vide p. 206 of these Records.]

The Assemblie thought it expedient that some overtures might be advised upon for keeping order in the Assemblie in tyme comeing.

The Assemblie found it expedient, for the preventing of all Innovations which might impede this recovered reformation, that no dangerous motion, tending to the hurt of the Church, be proponed or concluded suddenlie in any Assemblie, Presbiteriall or Provinciall; but when any question shall arise in any inferiour judicatorie, it may be communicat to all others, agitat and disputed in Sessions, Presbitries and Synods, and so might be rypened for the Generall Assemblie: lykewayes, that nothing should come before the Generall Assemblie, but that which came by reference or by appellation, and which could not be discussed by another Inferiour Judicatorie: As also that no reference should be made but orderlie—viz., from Session to Presbitrie, from thence to Synods, and then to the Generall Assemblie.

The Commissioner being come in to the Assemblie, the Moderatour desired his Grace to show the Assemblie the Declaration wherewith his Grace was to subscryve the Covenant.

The Commissioner answered—For my Declaration [it] is verie short. It is nothing els but what I have declaired many a tyme since we mett here; for, as I told yow, when that Act, abolishing Episcopacie and the rest of these evilles, past heir, the 17 of this instant, I was to consent unto that Act in my Masters name, not as a thing that my Masters judgement and opinion willed him unto, but that his tender affection to our satisfaction moved him to assent unto it. Even so now, I am to make a short Declaration, least if my Master should subscryve simplie, he should condemne thinges that are allowed in the Kirk he lives in, and which his judgement assents unto. A king may be a king of divers kingdomes that are of divers religions: and we hope we will not say but he may doe that that may satisfie one of his dominions which will not satisfie another. And for my Declaration quherewith I subscryve the Covenant as the Kings Commissioner, and in his name, it shall not be obligatorie to any Scottis man to subscryve with declaration; neither shall any Scottis subject whatsoever shelter himselfe under it; but if he subscryve not with the Assemblies Declaration, shall be lyable to the censures of the Kirk, and so shall I myselfe be; for as Lord of Traquair I shall subscryve totum compositum, with all the rest of the subjects, even as Mr Archbald Johnstoune subscryves, which I believe is strict enough. And so the Commissioners Grace arose and sought libertie to goe to the Counsell, and the Assemblie to sitt still till he returned.

Thereafter the Supplication was sent in to the Commissioners Grace and Counsell, by the Earle of Argyle, Rothes, Lowdoun, Mr Alexʳ Hendersone, Keir, Provost of Irwing. In the interim the Moderatour exhorted the Assemblie, and speciallie the Ministrie, to call to mynd the old Acts of the Assembly, that were revised, anent the conversation and carriage of Ministers, that by their painfulnes upon their people, the fruites of the Gospell might appeare in the land, that all that lookes on may see that we intendit nothing but reformation; and in particular regrated heavilie the great slighting of the worke of examination, that it was become perfunctorie when it was left to a few dayes before the Communion, and there wished that there should be weeklie examinations, and desired that some of the brethren should speake their judgments.

Mr Robert Blair said—I remember at the last Assemblie that King James was at, holden at Holyrudhous, 1602 yeares, that there were instructions given for the visiting of severall congregations, and a number of questions that the Ministers are to be tryed in; and it is expresslie said there, that they shall be asked whether they have weeklie catechiseing through the year; and whill this be amended there is small hopes that people will be brought to the knowledge of religion.

Mr John Weymes said—It is to be regraited that most parte of Ministers scrufes the mater of catechizing, in making some stand up and repeat verballie words of the catechise upon the Sabboth afternoone, or some select tymes; quhereas some time should be spent everie weeke in teaching the catechetick doctrine.

Mr _____________ said—A great helpe to this were, that familie dueties were instantlie urged and pressed upon all masters of families, that they might take such paines on their children and servands, that when they presented them to us, they might tell us of what nature they were; and so long as familie duties, catechiseing of servands and children, and uther religious exercises, are neglected, our examination will have but a small life.

The Moderatour added—It is very pertinently spocken; for so long as devotion is slighted in privat houses, and masters of families makes not conscience of these that are under their charge, the examination of Ministers is but like threshing on the water, except it be supported by privat diligence.

Mr Thomas Ramsay said—In my judgment, a great helpe to this were to provyde understanding and well affected schoolmasters, who would use diligence and paines upon the people, and that competent meanes were allotted for their mantenance.

Mr John Row said—I thinke a great helpe of all this, were the carefull visitation of particular Kirks by Presbitries, which is greatlie neglected.

Mr George Lammer said—It is verie expedient that it be recorded and made ane Act in this Assemblie, that familie dueties be urged, especiallie catechising throughout all the Kingdome. To the which the whole Assemblie willinglie acquiesced.

Heir the Commissioners Grace returned to the Assemblie.

The Moderatour desired his Grace to bring foorth these good newes which the Assemblie hath bein long looking for.

The Commissioner answered—My Lords of Counsell with myselfe have receaved your Supplicatioun, desyreing that the Covenant, with the explanation of this Assemblie, may receave the force of ane Act of Counsell, to be subscryved by all the Subjects of this Kingdome; and we find your desire so fair and reasonable, that we conceave it our bounden duetie to grant the same, and thereupon have made an Act of Counsell to that effect. Now, there is a second Act to be expected in this Assemblie; and I am so fullie satisfied that I come now as his Majesties Commissioner to consent fullie unto it. I am willing that it be enacted here in this Assemblie, to oblidge all his Majesties Subjects to subscryve to the said Covenant with the said explanation: and becaus there is a third thing that was desired—in respect I am to subscryve with a declaration—that I should sett doune the same in write and show it to the Assemblie. As a Subject, I shall subscryve to the Declaration of the Assemblie as followes:—

“The Article of this Covenant which was at the first subscription referred to the determination of the Generall Assemblie, being now determined, and thereby the 5 Articles of Perth and governement of the Church and Bishops, the civill places and power of Churchmen, upon the reasons and grounds contained in the Acts of the Assemblie, declaired to be unlawfull, I subscrive according to the determination of the said free and lawfull Generall Assemblie.”

As his Majesties Commissioner, I shall subscrive to this Declaration:—

“Seeing this Assembly, according to the laudable forme and custome heretofore keeped in the like cases, doth in a humble and duetifull way supplicat to his Majesties Commissioner, and the Lords of his Majesties most honourable Privie Councell, that the Covenant, with the explanation of this Assemblie, might be subscryved; and, to that effect, that all the Subjects of the Kingdome, by Act of Counsell, be required to doe the same; and that therein, for vindicating themselves from all suspitions of disloyaltie, or derogating from the greatnes and auctoritie of our dread Soveraigne, have therewith added a clause, whereby this Covenant is declaired ane in substance with that which was subscryved by his Majesties father of blessed memorie 1580, 1581, 1583, and often since renewed: Therefore I, as his Majesties Commissioner, for the full satisfaction of the Subjects, and for settling a perfect peace in Church and Kingdome, doe, according to my first declaration and subscription, subscryve to the Act of this Assemblie of the dait the 17 of this instant, allow and consent to, that the Covenant be subscryved throughout all this Kingdome. And in witnes whereof I have subscrived thir premisses—Sic subscribitur,

“John Earle of Traquair. Commissioner.”

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The Commissioners Grace his Declaration prefixed before his Subscription [of] the Act of this Assemblie the 17th of this Instant. Sess. 8.

“I, John Earle of Traquair, his Majesties Commissioner in this present Assemblie, doe, in His Majesties name, declair, that, notwithstanding of his Majesties oune inclination, and manie other grave and weightie considerations, that such is His Majesties incomparable goodnes, that, for settleing the present distractions and giveing full satisfaction to the Subjects—doth allow, like as I, his Majesties Commissioner, doe consent to the forsaid Act, and have subscryved the premisses—Sic subscribitur,

“John Earle of Traquair, Commissioner.”[236]

After the reading whereof, his Grace promised that the first thing should be done in Parliament, should be the ratification of all the whole premisses and Acts of Assemblie: at the hearing whereof, such unspeakable joy was wakened in the hearts of the whole Assemblie, that some could scairce containe themselves, but did expresse their incessant desires to acknowledge the God of Heaven with praises of King Charles, with his oune due acknowledgement for such undeserved and unexpected favours, with clapping of their hands, and crying “God save the King!”

The Commissioner said—Let everie Christiane hearte judge if this nation hes not great cause to pray for the prosperitie of the throne of King Charles.

The Moderatour said—It is incumbent to us having now gotten this Act of Councell and your Graces auctoritie, that we lykewise of this Assemblie, joyne our Ecclesiasticall sanction for the subscription of the Covenant, and renew (as it becomes us) the Ats for that effect, that we may be all one.

Then the rolles were called, and the whole Assemblie most unanimouslie, in one voice, with many expressions of joy among hands, did agrie according to the forsaid Act of Councell; and the Commissioner his Declaration, that the Covenant should be subscrived by all the subjects within this kingdome, under all Ecclesiasticall censure; and so after thanksgiving by the Moderatour, the Assemblie dismissed. To meit at 4 a clocke in the afternoone.

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Sessio Ultima.—August Penultima—hora quarta.

After in calling upon the name of God, the Moderatour said—Please your Grace: the wrong fathered booke is perused, and is now to be considered by the Assemblie; and there is a Supplication in readinesse to be presented to your Grace, that the samen (as a matter that toutcheth his Majesties honour verie nearlie) may be represented to his Majestie.

The Commissioner answered—I have receaved the Supplication, and shall represent the same to his Majestie.

The Moderatour said—We cannot passe by your Grace and the Parliament, as two steppes whereby we mind to ascend to his Majestie.

The Commissioner said—I will receave it here, and he may take course to represent it to this Parliament. The Commissioner desired that the short tyme might be well spent.

The Moderatour answered—We are waiting for a Covenant, to the end your Grace may subscrive it.

The Commissioner answered—I must take a tyme to collation what I subscryve, and I shall doe it in als publict a way before the Estates in Parliament; for he must be tratour both to God and man that subscryves the Act which I have done alreadie, and will not subscrive the Covenant.

The Moderatour desired his Grace to heare the Overtures that were to be given in to the Parliament, as followes:—First, That the Acts of this Generall Assemblie be approven and ratified, and that all former Acts of Parliament, ratification, &c., (hic diest.) Ane overture, showing the necessitie of having a Commission at Edinburgh, with power from this Assemblie if neid require, and for frameing a humble Supplication to his Majestie, to thanke him for his late favours, to hear all humble grievances in Kirk affaires, to represent the same to his Majestie, and receave his Majesties graceous answer, and report all to the next Assemblie.

After much agitation betwixt the Commissioners Grace, the Earle of Rothes, Lord Lowdoun, and the Moderatour, it was condescendit upon that the Assemblie should grant the foresaid Commission to the Presbitrie of Edinʳ, upon condition they meet only upon their ordinary Presbitrie day.

The humble Supplication of our countrymen who travell in the neighbour kingdomes, prest with ane unlawfull oath, contrare to our Covenant subscryved be them, to be exeemed from the said oath, being willing to sweare the oath of alleadgeance, or to give any other declaration of their loyaltie to his Majestie which is compatible with our Confession and Covenant—recommended most humblie and earnestlie to the Parliament.

Mr Patrick Lindsey, his Supplication being read at the Commissioners desire, grants a conference to him, and referres the proces to the judge competent.

The Moderatour desired, that since the Assemblie had gotten the Commissioners auctoritie for subscryving of the Covenant with ane Act of Councell enjoying the same, that they might adde their Ecclesiastical sanction thereunto; whereto the Rolles being called, the whole Assemblie unanimouslie agried that ane Act should be framed to that effect; the tennour whereof followeth. [Vide p. 208 of these Records.]

The Moderatour asked if any man knew of any matter to be proponed before the closure of the Assemblie. It was answered there was no more to be done but the tyme and place of the next Generall Assemblie to be condescended upon.

The Assemblie, with consent of the Commissioners Grace, fand it expedient that the next Generall Assemblie should sitt at Aberdeene, the last Tuysday of Julii, [1640.]

The Moderatour his last Speach before the closure of the Assemblie.

This is the day which the Lord hath made; let us rejoyce and be glad in it: a glad day it is which we long looked for, and we are the most oblidged nation to our God and our King under the coppe of Heaven; and therefore our Lord ought highlie to be praised, and our King heartilie acknowledgit. First, our Lord ought to be praised, becaus in trueth he hath wrought wonders in our sight; for he hath declaired exceedinglie his mercie and his justice to Scotland. First, he hath declaired his justice; first, upon us Ministers; secondlie, upon yow of the State; thirdlie, upon our adversaries the Prelats. First upon us of the Ministrie. We studied not to be spiritual in our doctrine, and thought matters but small at the beginning, and therefore the Lord suffered men to make slaves of some of us, and tyrannize over the conscience of uthers. Secondlie, upon yow of the State. Ye looked through your fingers when Prelats were creeping up and miskend the matter, and the Lord suffered them to ryde over your necks: And never did any, (not a King excepted,) exalt a Minister above his station, but that Minister exalted Popedome over his bellie that exalted him. Thirdlie, justice upon our adversaries the Prelats. They would not be content of the title of Ministers but of Lords, and he hath taken both from them, and powred shame upon them withall. Thus hath the Lord manifested his justice, but in such a way that he hath also manifested his mercie in a wonderfull maner; first to our ministers, 2ˡⁱᵉ to the Kings Majestie, 3ˡⁱᵉ to the State.

First, he hath not given our souls over to death and delusion, nor suffered us to goe utterlie to defection, but hes in the midst brocken off all their plotts, who thought to have caused everie mans purse light in their lapp, and showen furth his justice on them. Secondlie, He hath manifested mercie to the King in keeping him from shedding innocent blood, which is no griefe to his Majestie this day; and this the Lord hath convayed in such a way as is wonderfull to Scotland, in blessing weake meanes, so as he would not have humane power seene; for there was never a steppe of our bussines but we were still put to a noneplus what to doe. Next, and when we knew not what to doe, then did the Lord come and poynt out the way before us, and did so leappie out our blessings to us, that whenever we got a little hope we gott feares upon the back upon it, to keipe us from being wantoun, and did so cogg the running of our wheeles that he made a considerable pairt of the Lords of Councell to stand aloofe from our bussines, which tempered all thinges in Gods providence (whatever men intendit) that it tendit all to our good. Thirdlie, He has manifested such great mercie and love to our State, as, when we marke the passages of it, it is wonderfull to sie a State troubled so long, and in a legall manner settled againe; a great wonder to sie such commotions and so few ill fruites following upon it; a great wonder to sie Scottsmen going through-other, and in such a sturre for the space of two years, and a peaceable conclusion. There is a wonder to sie Prelats bigg their nest up in Heaven, and call themselves the triumphant Kirk, and the Lord bringing them doune lower than the dust. There is a great wonder after many tumults and Assemblies, such a peaceable Assemblie as this; which is more to heare Prelats saying that King Charles should not brooke his crowne except they stood, and that it should fall with them, and yet to see King Charles brooke his crowne, and they to fall—a great wonder!

Now since the Lord hath done so, let his great name be exalted. Let all of us lay our hands on our mouths, for the Lord hath done it. He was provocked ten thousand tymes to cutt the warke in the midst, and yet hes beine pleased to draw it to this great lenth; therefore love the Son of God who hes taine power and glorie to himselfe, sittin downe on his throne, and purged his house; so that now there is no ordinances in this Kirk that we ken of but Christs. All we ministers are only servands, bound to give our accompt of all that we doe, and to show our letters from our Master, or else speire ye at us—Wherefore bidd ye us do that? Where is your Commission? For we have no power but as a messenger of armes, who must ay show his warrand. Would to God we knew our Masters bewtie, and the glorie of the Sone of God! Then would we all be affected with greater measure of love to him then we have beine, and will goe about his flocke, and bestirre ourselves more carefullie for their behoove then we have done. And any of us that gives ourselves out for Christs servands who gets meat and fie from him, declair it to the world by feeding of his flocke.

Now for the Kings Majestie: let us leave flatterie, and speake solide and soft words, such as beseemes a grave Assemblie: And, for this end, I will propone three things concerning the Kings Majestie, which doth enforce a favourable construction of his Majestie by us. Ane is his Majesties education. Had any of yow beine brought up as his Majestie, and never seene any uther thing, I trow ye should have stucken as hard by that cause as he. A second is the information of these that his Majestie trusted much into; for there is not a Prince in the world more accessible, nor giveth more in trust to these that he receaves in kyndnes and favour, which is a propertie of a verie good Prince. Now, when Bishops were Counsellors, of whom should his Majestie take counsell but of Churchmen and Counsellours both? Secondlie, consider this: Kings cannot understand all things in a Kingdome. They must trust some, and whom (thought he) should he trust but these that was most oblidged to him, had their being of him, and were created for that end? And yet, of all men in the world, they did him worst service.

The third is this—the manner of the Kings proceedings toward this land. His proceedings hes never beene as an enemie, but to try us and put us to proofe what we were seeking. When we did supplicat, he gart blow the trumpet, and discharge us all off the toune, to try if we would ceasse there; gart discharge us from all the judgment seats; and when we proceedit on, he thought he would essay us with our lyves; and so his Majestie came not in armes to destroy but to try us. Why? As soone as he had tryed us, and found that we were seeking nothing but religion, and were loyall in our hearts to him, presentlie his Majestie folded and layd doune armes. This I speake, that ye may wiselie prye in the matters of princes, and neither thinke, speake, nor write utherwayes then becomes yow, and not only temper your tongues in speaking of him, but love your Prince yourselfe, and procure all that yow can, love and obedience towards him of others. And trewlie, whoever knew him described, they would thinke him verie love-worthie. First, he is the most gentle-natured Prince; secondlie, the least suspitious; thirdlie, a Prince more readie to forgive faults when they are acknowledged; fourthlie, the most loath to take misinformation when it is given, then any Prince in the world; fifthlie, and which is ane odd thing, he hath not a face against reason. Bring reason to him and he will yield; and if these be not poynts of a lovelie Prince, judge ye. Sixthlie, and which is most of all, that he hes quate his aune inclination and education, and said to his Commissioner and this Assemblie, “Goe yee and doe as yee find Gods Word and the Constitutions of this Kirk warrands yow; goe your way; serve God according to his Word; and whatever yow conclude according to that rule, I shall authorize it.” Seventhlie, there is no Prince in the world so cleare of infirmities as he. These things being well considered, and withall, his Majestie being farr from us, and considering in what danger princes are in—subject to als many tentations as tries that are on a hill head, obnoxious to divers blasts and winde—and have need to be supported by the prayers of their people.

These thinges, I say, being well considered, will make all men construct favourable of his Majestie; and if we will rander that duetie of humble thankes and heartie prayers, who knowes but he shall be the most comfortable instrument for advancement of religion in the whole world; and this little distance that hes beine, may end in the sweetest reconciliation that ever was seene betweene a King and a People? And becaus we would give a right construction to all under his Majestie who have procured our good, I will ranke all these that ran not in the same course with us, to seeke the peace of the Kirk, in three rankes: First, some followed the Prelats, and being affected with Poperie, they knew no better hyding place then under the Prelats mantle. A second sort, that followed the erring judgement of the misinformed conscience; and these ought to be pittied of all that knowes them. A third sort are those who walked in a State way; and it is not the day nor yesterday that they have merite of us a favourable construction. It was evident they loved both the King and the State; for they divided themselves to have gained peace. When themselves were with the King, their soules were with us; and my Lords of Councell who have stayed with us at this tyme and countenanced our proceedings, ought also to have their aune thankes. And for your Grace, we thinke a large scoare is due to yow; for if God had not put your Grace upon this Act, there had beene many hard thoughts of yow, for we thought yow still over farr inclyning to the other syde of it. But its Gods mercie to yow, and count it no small favour, that yow are made the instrument to croune this worke in a maner. Lay it up in your heart and in your charter-kist as a most speciall obligation, to make yow imploy your excellent witt and all that yow have, for Christ, who lettis none that does fear him want their reward.

And we will not forget the Marqueis of Hamilton, who, according to report, hes loved our peace. Howsoever, he was ance in a passage, that if he had come any further, he might have hazarded soul and bodie both: Yet we will give him a favourable construction.

Now, there rests a word to every ane of yow, Commissioners and Members of the Court of our Lord Jesus Christ: for I compt this ane of the chiefest courts that Christ holds on earth. Elders, sett your hearts to assist the worke of the ministrie; for ye are officers to oversee the maners of everie ane within the Kirk, that they miscarie not, and to take notice what fruites of the Gospell are brought foorth. Ministers, be faithfull to your Master; and, above all thinges, love ane another, Stryve not ane with another; neither insult over those that have beine of a discrepant judgment from us, anent the matter of ceremonies and the governement of the Church; but let us make a perpetuall act of oblivion in all our memories of such thinges. Let us be glad together. Let us lay aside all disputes that have taken up much tyme which might have beine better spent; but we were necessitat unto it for clearing of ourselves and of our cause. And if thus ministers will doe, I will speake prophesie to yow: It shall come to passe that if yow will keepe yourselves at your booke and your chamber and studie, to be powerfull and spirituall in doctrine, ye shall have more credite nor if ye ran to Court ten thousand tymes. Your paroches shall travell to Edinʳ to plead for your stipend, whereas before they let you goe yourselves. Therefore wait upon your calling, and your Lord and Master shall have a care of yow. Let us be instant with our Lord to get his Spirit powred out upon us; for the word without the Spirit is but like a tinckling cymball. To him who will doe this, and who hes wrought, and will worke all our workes for us, be praise!

And so, after prayer by the Moderatour, and singing the 23 Psalme, and saying the blessing, the Assemblie depairted, joyfullie and glad for all the wonders that God had done for this Church and Land.

FINIS.

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THE
GENERAL ASSEMBLY,
AT ABERDEEN, 1640.

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After perusing the Reports which we have given of the proceedings in the Assemblies of 1638 and 1639, and the several relative documents therewith connected, our readers, we are convinced, will agree with us, that the mere Acts, as they are technically termed, of these and similar Assemblies, convey but a faint and feeble impression of the real character of those Conventions. They are but the dry bones, as it were, of our Ecclesiastical Constitutions. It is in the circumstances attendant on their enactment; the causes in which they originated; the muniments of the period, (sometimes public and frequently long concealed); the reasonings of the antagonist parties, and incidental outbreaks of individual feeling; and, more especially, in the dramatic movements of debate in popular assemblages—that we catch the true spirit by which the more formal enactments are re-awakened in the present age, and presented to the eye and the mind of a modern student with all the vividness and force of scenes passing daily around us.

We have now reached the Acts of the Assembly 1640; but, ere we proceed to that very limited portion of our undertaking, we must be permitted to take a review of the more prominent features of the Assembly in 1639, and of the events which intervened betwixt that and the subsequent meeting in 1640.

It will be recollected that, by the Treaty of 18th June 1639, it was stipulated that all matters ecclesiastical were agreed to be settled in a General Assembly, and matters civil in the Parliament and inferior judicatories established by law. Unhappily for the King and the Covenanters, this vague and general basis was soon found to be too narrow to bear the superstructure which each party intended to rear on it; and ere the parties had retired to their several homes, the seeds of future collision were sown. No dear and precise line of distinction was drawn in the treaty, betwixt what was to be deemed ecclesiastical and what civil; and in his warrant for the proclamation by which the Assembly and Parliament of 1639 were indicted, the King, on the 29th of June, directed that all “Archbishops, Bishops, and Commissioners of Kirks,” among others, entitled to place and voice therein, should attend, as Members of the Assembly, on the 12th of August following.

This, in the estimation of the Covenanters, was tantamount to a departure from the spirit of the treaty, in which nothing was said in plain terms as to the constituent Members of that Assembly. The Covenanters could not, as the King well knew, recognise Archbishops and Bishops as legitimate Members of a General Assembly of the Kirk of Scotland—the intrusion of them into the Church being all along stated as their chief and leading grievance, for the removal of which, and the oppressions thence resulting, they had taken up arms. Of this the King and his Counsellors were fully aware—and therefore his proclamation was truly the signal for a renewal of the agitations which had ostensibly been quelled. It was literally keeping his word of promise to the ear, but breaking it to the hopes of his Scottish subjects; and, accordingly, no sooner was the proclamation issued, than it was followed by the usual flood of protestations and manifestoes on all hands. No doubt Episcopacy was still the unrepealed law of Scotland, and the parties, by mutual consent, had agreed to wave all discussion as to the Assembly of 1638; yet, if the King honestly intended to leave Church matters proper, to the decision of a new General Assembly, to be afterwards considered and ratified in Parliament, he was bound to have informed the Covenanters explicitly, that the Assembly of 1639 was not to consist (as they necessarily understood) of Members chosen on the old Presbyterian platform, but of Prelates and Statesmen sent thither by virtue solely of the Royal prerogative, and who were not, in any intelligible sense, the representatives of the Scottish Church. In short, (as is proved by his correspondence with the fugitive Prelates, and other evidence,) his entering into the treaty of 18th June was a mere juggle, and his promise of a Free General Assembly a palpable fraud—his settled purpose being unquestionably to restore Prelacy whenever he could, and to render the deliberations of the promised Assembly altogether nugatory, with reference to the objects for which it was sought and agreed to.

Although the latent proofs of Charles’s duplicity were not known to the Covenanters, they found in the proclamation and other circumstances, sufficient reason for distrust; and their past experience, both of the King and his advisers, was sufficient to rouse their suspicions. Their vigilance and preparations continued unrelaxed; and so formidable was the tone of public feeling in Scotland, during the brief space which elapsed betwixt the date of the treaty and the meeting of the Assembly, that the King found it necessary to adopt a temporizing and most insidious policy. Traquair, a man of talent and consummate address, armed with the King’s secret instructions, came down to Scotland as Commissioner, and the Assembly met on the 12th of August.

It will be seen, from the foregoing report, that the Commissioner, although he hinted at some objections to Members of Assembly, stated none when called on; and thus and otherwise, he fully recognised, in the King’s name, the perfect lawfulness of the Assembly, and soon pledged himself to sanction, for his Sovereign, the Acts which it might pass, on all the vital points for which the Covenanters had so strenuously struggled—assented to the abolition of Episcopacy and all its obnoxious accompaniments in Scotland—and undertook to get these Acts ratified in Parliament. The suspicions of the Assembly were lulled by the speciousness of Traquair, (whom, however, we are not prepared to condemn so vehemently as has sometimes been done both by his coadjutors and antagonists;) and we have rarely perused the account of any scene, whether of real life or of skilful romance, with keener feelings than those excited by the detailed report of proceedings in the General Assembly on 17th August 1639. When the seemingly gracious intentions of the King were intimated by Traquair, there was a simultaneous burst of gratitude and confidence, and, in the highest sense of the words, of chivalrous loyalty. The stern men of the Covenant were melted into tears of high-minded and generous gladness. The venerable Patriarchs of the old Presbyterian Church, who had served at its unpolluted altars for half a century, and who had mourned its degradation in silent sorrow, or suffered captivity and oppressions from its temporary Lords, poured out their hearts in thanksgivings to God and the King, for these unlooked-for manifestations of royal grace and favour.

“Mr John Weymes, called on, could scarse get a word spocken for teares trickling doune along his gray haires, like droppes of rain or dew upon the toppe of the tender grasse; and yet withal, smyling for joy, said—I doe remember when the Kirk of Scotland had a beautifull face. I remember since there was a great power and life accompanying the ordinances of God, and a wonderfull worke of operation upon the hearts of people. This my eyes did see—a fearfull defection [followed] after, procured by our sinnes; and no more did I wishe, before my eyes were closed, but to have seene such a beautifull day, and that under the conduct and favour of our Kings Majestie. Blessed for ever more be our Lord and King, Jesus; and the blessing of God be upon his Majestie, and the Lord make us thankfull!”[237]

Such were the pathetic and touching strains in which the worthies of the olden Church received the announcement by Traquair, of the hollow and hypocritical message of which he was the herald. We do but justice to the memory of Traquair, when we give him credit for being moved by such testimonies of affectionate loyalty, and convinced that the system of dissimulation of which he was but the “echo,” was utterly impolitic and impracticable; and he acted his part with a talent and temper which we cannot but admire. He was indeed placed in “a false position,” in which no man could have done at once what patriotism and honour prompted, and yet obeyed the master whom he served, or gratified the minions of his court. Had Charles but followed out the course which the sagacity of Traquair, and the circumstances in which he was placed, chalked out in the Assembly of 1639, we verily believe that the King might long have reigned in the hearts of a loyal people, and Traquair have been remembered as one of her patriots and best benefactors. But the infatuation which overruled these arrangements, led to other and very different consequences.

In viewing these transactions, however, justice must be done to the King as well as to the Covenanters; and there is no doubt that the latter, in some particulars, deviated from the spirit and avowed purposes of the treaty. That treaty was based on a spontaneous declaration by the Covenanters, that they would yield “all civil and temporal obedience” to the King, and that all they claimed was security for their “religion and liberties, according to the ecclesiastical and civil laws” of Scotland;[238] and the ambiguous terms of the treaty, when finally completed, just left the vexed question as open as it was before—What were the Ecclesiastical and what the Civil Laws of Scotland at the time? Charles held that Episcopacy was the form of Church Government settled both by the ecclesiastical and civil laws in force at the time; while the Covenanters looked back to the constitutions and enactments prior to the changes introduced by King James VI., and understood that these were to be assumed as the securities which they demanded; and hence, the treaty in fact amounted merely to a truce, which was soon destined to be broken.

The course adopted in these circumstances by Traquair and the leaders of the Covenant at the Assembly, had it been judiciously followed out, might have obviated all difficulties—viz., that the Assembly should, by a declaratory Act, indicate what the Church held to be its genuine ecclesiastical constitutions, to be afterwards submitted to and ratified by Parliament. And had nothing been done beyond their declaration as to the causes of the recent troubles, matters might have been satisfactorily adjusted. But this was not the case. Although it was clearly agreed on, that no reference should be made to the Acts of the Assembly 1638, and that nothing was to be founded on these, the Covenanters broke through this arrangement in one most essential particular—namely, with regard to the depositions and excommunications of Ministers which had taken place under its authority. Notwithstanding repeated warnings and remonstrances by Traquair, the Assembly entered upon a review of all the proceedings of the Commissions that had acted by authority of the preceding Assembly, which was virtually assuming and sanctioning the Acts of 1638; although, as stated by themselves, the King had declared he never would recognise or sanction the proceedings of that Assembly. By taking cognizance of these cases of deposition, &c., they in effect anticipated the decision of Parliament, with respect to their findings as to the constitutions of the Church, and thus inverted the proper order of procedure. They thus furnished, not merely a plausible, but a valid ground for the King to object to their whole proceedings; and although we acquit the single-hearted and zealous Presbyterian Clergy who concurred in this anomalous course, we cannot so readily forgive the Nobles and other laymen who were parties to the negociations, and who have left on record their own statements, that the Acts of the Assembly of 1638, were to be held as in a state of abeyance in that of the following year.

In this particular, therefore, it appears the Covenanters were clearly to blame, independently altogether of the unsound nature of the proceedings of the Commissions, and the venial accusations against many of the deposed Ministers, many of whom were constrained, by operating on their fears and other grovelling feelings, to acquiesce in decisions which they could not resist, and to profess submission, when in their hearts and consciences they could not be supposed, honestly, to yield it. It is impossible to read the details about some scores of these poor men, without pain and reprobation; and the vindictive spirit in which they were treated ought to be a warning, in all future times, against a rash submission to high pretensions in popular ecclesiastical courts. Many were deposed on very questionable grounds, and others were left for the administration of what was called “mercy,” on condition of renouncing all their previous convictions and professions, and their sense of allegiance to the monarch and statute law of the land. That some were unworthy may be admitted; but trial in their absence, upon nice points of metaphysical theology, and by means of evidence of very questionable credibility, is, to say the least of it, a characteristic of the Assembly of 1639, which reflects but little credit on its charity or its justice.

We must be permitted further to remark, that the soreness and ferocity which were indicated by that Assembly in reference to the “Large Declaration,” or Manifesto, afford but slender proofs of magnanimity or conscious rectitude. That work was known to be the production of Balcanquel; and, after a minute examination of it, an elaborate report on its mis-statements was read, when the following colloquy took place.[239]

“The Moderatour desired some of the brethren to give their judgment of the said Booke.

“Mr Andro Cant said—It is [so] full of grosse absurdities, that I thinke hanging of the author should prevent all other censures.

“The Moderatour answered—That punishment is not in the hands of Kirkmen.

“The Shireff of Teviotdaill [Douglas of Cavers], being asked his judgment, said—Ye were offendit with a churchmans hard sentence alreadie; but, truelie, I could execute that sentence with all my heart, becaus it is more propper to me, and I am better acquainted with hanging.

“My Lord Kirkcudbright said—It is a great pittie that many honest men in Christendome, for writing little bookes called pamphlets, should want eares; and false knaves, for writing such volumes, should brooke heads.”

These “random ebullitions” require no commentary; but in such manifestations of character we discover that spirit of fanatical intolerance, which at no distant period, involved the two British kingdoms in all the horrors of civil war—consigned their Sovereign to the block—rent the Church of Scotland into two ferocious factions, and finally subjected it to contumely and extinction at the hands of a canting usurper.

There is another point in these proceedings which must ever excite regret and reprehension—we mean that act by which they sought and obtained the Commissioner’s sanction, and that of the Privy Council, to a compulsory subscription to the Covenant. “This ordinance,” says Dr Cook, in his History of the Church of Scotland,[240] “so popular throughout the kingdom, was, in fact, an engine of severe persecution. It required, by authority, from all ranks of men, and particularly from those whose opinions were suspected, subscription to a number of propositions, about which multitudes must have been totally ignorant, and to maxims respecting ecclesiastical polity, which it is impossible to suppose were not condemned by numbers, who, having for many years lived in communion with an Episcopal Church, could not be persuaded that such a Church was unlawful. So long as signing the Covenant was a voluntary expression of attachment to a particular cause, much might have been said in its justification. But now, when it was required by an Act of Council and the Church, which it was dangerous to disobey—now that it could be forced by the zealots of a sect upon all whom they chose to harass—it must be abhorred as occasioning, to the conscientious part of the community, much wretchedness, and as calculated to diffuse that relaxation of principle which is the bitter fruit of every deviation from the tolerant spirit of pure religion.”

Concurring as we do most cordially in these just and enlightened views, we need only add, that no man will defend this blot in the escutcheon of the Covenanters, who would not, if he had the power, imitate their example.

Before finally taking leave of the Assembly of 1639, we cannot overlook the fact, that, in all the proceedings, either in it or in that of the preceding year, or in the voluminous details of grievances of which they complained, we can find no trace whatever of lay patronage being regarded or even mentioned as one of the number. It is equally remarkable, too, that both Henderson and Dickson repeatedly state the doctrine of the lawfulness of civil interference in matters ecclesiastical; and that the notions which, at a subsequent period, sprung up and distracted and divided the Church, as to the anti-scriptural nature of lay patronage, and about the independence and inherent power of an established Church, (established too on certain precise and definite terms), do not appear at that time to have been either agitated or even mooted. We merely note the circumstance as an historical fact, without at all entering on a controversy in the matter. But certainly the eager desire, manifested incessantly, for a ratification of the ecclesiastical constitutions by the civil authority, emphatically implied, that, without such sanction, these applicants did not regard their own Acts as sufficient to clothe them with complete authority.

The day after the Assembly dissolved, being the 30th of August 1639, the Parliament—which had been prorogued, from time to time, to the 31st of that month—convened, and was opened with all the state of the ancient “Ryding of Parliament.” A preliminary difficulty, however, occurred to its constitution, in consequence of the absence of the Prelates, who, by the subsisting laws and usages of Parliament, formed a component part of it. Prelacy had been abolished by an Act of Assembly, but that was not yet ratified by Parliament; and, in order to supply the place of the Bishops as one of the Estates, it was agreed that, for the present, the Commissioner should, in their stead, select eight of the Nobles to be among the Lords of the Articles; being a committee to digest all business for the consideration, and adoption, or rejection of the whole house. The Earl of Argyle entered a protestation that the present mode of choosing the Lords of the Articles should be no precedent for the future; and intimated in it an innovation on the future constitution of Parliament, by introducing a different mode of naming the Lords of the Articles from that which had heretofore obtained—namely, by excluding the nomination of the Crown or its Commissioner, and giving to the Lords, Barons, and Burgesses the nomination from their several bodies. This initial difficulty being overcome, the Commissioner, on the 6th of September, signed the Covenant—not as Commissioner, but as Treasurer; and on the same day a Bill for the ratification of the Act of Assembly 17th August, anent the bygone evils of the Church, and the Supplication against Dr Balcanquel, were passed in the Articles; while a Petition, presented by the Commissioner, in favour of the ousted Ministers, was refused; and a Bill for rescinding the Acts in favour of Episcopacy was handed to the Lord Advocate, to be revised: and all this passed amidst a profusion of protestations, which it is unnecessary to notice.

On the 11th of September, there was a warm debate on the proposal to bring down the vengeance of Parliament on Balcanquel and his “Large Declaration,” in which Traquair resisted it as offensive to the King, while Argyle and Rothes supported the vindictive Petition from the Assembly; but the Acts as to the constitution of Parliament, &c., made some advance; and Baillie, in a letter dated October 12, gives a very striking picture of the condition to which the contending parties had reduced themselves. “The affairs of our Parliament,” (says he, vol. i, p. 188,) “goes but this and that way, if we look to men; our estate is but yet wavering up and down in the scales of a very dubious event. Our main Acts are but scarce past the Articles. The Commissioner either threatens to rise, or to protest in the day of the riding, or to make declarations equivalent to protestations, or to deny the sceptre to our most substantial desires. To preveen this, we have been content to sit still, half-idle, thrice so long time as ever any Parliament in our land did continue, waiting till posts upon posts, running up and down, for carrying to us the Kings pleasure. It seems our enemies credit is not yet extinguished at Court. The Castle of Edinburgh is daily made stronger. From London, the other week, arrived at Dumbarton a great ship, with cannon and other munition, with an English captain, and divers English soldiers. Division is much laboured for in all our estate. They speak of too great prevailing with our Nobles. Hume evidently fallen off; Montrose not unlike to be ensnared with the fair promises of advancement; Marischal, Sutherland, and others, somewhat doubted; Sheriff of Teviotdale, and some of the Barons, inclining the Court-way. Divisions betwixt the merchants and Crafts of Edinburgh; and so, by consequence, of all the Burghs in Scotland, carefully fostered by our Commissioner; our prime Clergy like to fall foul upon the question of our new private meetings.”

In this state of distraction and doubt, matters continued—the views and sentiments of the King having been sufficiently indicated in his letters to Traquair, whose policy was, of course, guided by his Master’s orders. On the 24th of September, an Act for rescinding all the Acts in favour of Episcopacy was voted and passed in the Articles, under a protestation by the Commissioner against that or any others prejudicial to his Majesty’s authority; and the Act as to the constitution of the Parliament was also passed. While matters were thus agitated and protracted; the Parliament was continued on the 24th October till the 14th of November, when the Lord Advocate presented a royal warrant for proroguing it till the 2d of June 1640, the Covenanters entering their protestation.[241] Thus the King baffled all the hopes of the Covenanting party, of obtaining a ratification of their favourite ecclesiastical degrees—a result attributable, no doubt, in a great measure, to the extreme violence of some of their propositions, of which the King availed himself by stating, as the ground of adjournment, that various things had been propounded which trenched on his civil authority and government.[242]

This step could not fail to startle and exasperate the Covenanters, more especially as their deputies, (the Earl of Dunfermline and Lord Loudon,) who had been sent off to Court after the prorogation on 14th November, had been dismissed contemptuously, without ever being admitted to an audience of the King. When the King sent orders for the prorogation, which took place of that date, he also ordered Traquair up to London, to give an account personally of all the recent proceedings in Scotland. He was coldly received, in consequence of the concessions he had made, and his signing the Covenant. He was accused by the Covenanters of inciting the King to a new war, and is alleged to have made his peace by doing so; but, although this is stated by Burnet and others, we have never seen any evidence to substantiate the charge; and it is more probable that his best (as in truth it was his only) apology for the part he had acted, was, that he had no alternative but to yield to the dominant party, both in the Assembly and Scottish Parliament, or at once commit the King in open hostility with his northern subjects. Indeed, it seems utterly impossible that he, or any man, could have obeyed his instructions without at the same time outraging the whole policy and passions of the Covenanters, and precipitating another open revolt, before the King could have made any preparations to encounter its force. He had, however, obtained possession of a letter from the leaders of the Covenant, addressed to the King of France, soliciting protection and assistance—a document which, it appeared afterwards, had never been sent or perfected; and this document, as in duty bound, he produced to his Sovereign, as a proof of the treasonable purposes of the Covenanters. It is quite possible that, with such apparently good evidence in his possession, he might have represented to the King that nothing but force would curb the ambitious views of the Covenanting Nobles and Barons; but, in so doing, had it even been so, we cannot discover any rational ground for the inveterate hostility subsequently shewn to Traquair and Hamilton as incendiaries; for, whether the letter was or was not sent, it evinced the treasonable purpose which was cherished, of soliciting the assistance of a foreign potentate, for the accomplishment of their purposes; and both Traquair and Hamilton were bound, as loyal subjects, to make the fact known to the King, and to give him such advice as their opportunities of observation enabled them to afford.

Be this as it may, however, the Covenanters transmitted another petition to the King, by a person named Cuningham, requesting permission to send some of their number to Court to vindicate their proceedings. This the King granted, and Loudon and Dunfermline were again dispatched, on the 31st of January, for this purpose. On the 2d of March, (1640,) these Deputies got notice that the King would receive them next day in the Council Chamber; and, on that occasion, Loudon made an elaborate exposition of all the Scottish grievances, which, with the King’s counter Declaration, are too long for insertion in this work; but the curious reader will find them both embodied in Rushworth’s Collections.[243] Several other audiences were given, at the last of which (18th March) the King and Council declared that the Deputies had no sufficient authority to demand a ratification of the Acts of the preceding Assembly. On the 11th of April a warrant was given to Adams, one of the Sheriffs of London, to take Loudon into custody; and he was subsequently committed to the Tower, on a charge of high treason, for his participation in the letter above alluded to; and he was not liberated thence till the 27th of June following, upon certain conditions which were not very creditable to either of the parties.[244]

Of this transaction, there can, we think, be but one opinion among all honourable men. Whatever might be Loudon’s demerits as regarded the letter to the King of France, he went to England under the guarantee of a Royal protection; and he was not amenable to any tribunal in England, as a Scottish subject, for an imputed offence committed in Scotland. He pleaded this, and the acts of pacification and indemnity which had followed. It appeared, too, that the act of treason had never been consummated by transmission of the letter; and he offered himself for trial in Scotland. The King was saved the infamy of carrying his original purpose into execution by a trial in England, in consequence of the interposition of Hamilton, who represented the serious consequences which would ensue. But we must now turn to the movements in Scotland subsequently to the prorogation of its Parliament in November preceding.

The finances of the King having been exhausted by the useless parade on the Borders during the preceding summer, and a renewal of the war having been resolved on by his Majesty and “The Junto,” as it was termed, in whose advice he confided, (Canterbury, Strafford, Hamilton, and Morton,) Charles was constrained to have recourse to a Parliament in England. This was reluctantly adopted, as the only means by which the sinews of war could be provided—and was the first that had been called by the King during the space of twelve years, in the course of which he had managed to carry on a perilous system of government, by levying taxes in virtue of the prerogative, and other devices, which ultimately led to his ruin. A Parliament having been summoned in England, and the warlike purposes of the King having speedily been manifested, these things could not long escape the vigilance of the Scottish leaders; and a meeting of the Nobles, Gentry, and Ministers was summoned at Edinburgh on the 10th of March; when, with their wonted energy, they resolved to levy an army, to fortify all the strengths of which they could obtain possession, and to raise the requisite funds for the purpose, both by voluntary contributions and taxes; and such was the enthusiasm of the people, that plate, jewels, and whatever wealth a poor country could supply, were cheerfully poured into the coffers of the insurgents. The banner of “The Covenant” was once more unfurled, and the pulpits of the clergy again resounded with ardent exhortations to rally round it.

Meanwhile, the proceedings in England tended materially to promote the views of the Scottish leaders. Before the Parliament was assembled, the discontents of the English—which were mightily strengthened by the success of the Scottish insurrection of the previous summer—had attained a pitch of consistency and force, which was extremely favourable to their northern neighbours, who were further encouraged by a forged promise of support, apparently by some of the most influential English nobility. And the issue of the first Session of the English Parliament contributed powerfully to promote the cause of insurrection in Scotland—the discontents and movements in both kingdoms naturally acting and reacting on each other as incentives to resistance to the “kingly way” of government, which Charles endeavoured, so unfortunately for himself and his country, to carry on. The King had urgently pleaded for supplies from his English subjects to carry on the war against the Scotch, whom he represented as bent on the utter subversion of the monarchy. But the English House of Commons would not grant any supplies without a previous redress of their own grievances; and, finding them inflexible on this point, he had again recourse to his former practice of dissolving the Parliament, on the 13th of April.

The embarrassments of Charles, in consequence of this sturdy refusal of his English subjects to support him, were infinite; and, resorting to all his accustomed modes of raising men and money for the impending war, these were only aggravated by the means which he adopted to supply the want of subsidies. His army had been completely dislocated and disbanded; and many who had joined his standard the previous year, were now marshalled in the ranks of opposition; while the general dissatisfaction of the country, rendered all his exertions, and the voluntary contributions of those who still adhered to and supported him, altogether inadequate to the exigency of his affairs.

The Scottish leaders, when they dissolved their army in June 1639, had taken the precaution to secure the future services of the veteran officers whom they had employed on that occasion, should those services be required; and the troops, though dispersed in their several localities, were warned to be in readiness for another muster, perhaps at no remote period. When the tocsin was again sounded, therefore, the Scottish army was speedily re-organized under their old commander, Leslie; and it was already re-established in a condition fit for action, while the King was struggling hopelessly with his financial difficulties and the discontents of his English subjects.

The 2d of June, to which the Scottish Parliament had been prorogued, at length arrived; and although another commission for a further prorogation to July was sent down, some technical difficulty in communicating it to the States, furnished a reason for this not being done; and they readily availed themselves of what was really a quibble, to disregard the commission for adjournment, and declared themselves a lawful Parliament, in which they proceeded to enact into laws, all the Bills which had been introduced previous to the former prorogation. Ruthven, who commanded in Edinburgh Castle, and refused to surrender it, was forfeited, and a great Committee of Estates named, with sovereign authority to direct all matters civil and military. That Committee, as usual, opened diplomatic communications with the King through Lord Lanerick, the new Secretary for Scotland, to which it is needless to refer particularly, as these communications are given among the annexed documents; and, in short, the people of Scotland once more stood in an attitude of open hostility to their King.

While matters were in this position, and amidst general preparations for war, the 28th of July arrived, being the time appointed for the meeting of the General Assembly at Aberdeen. No Commissioner was appointed by the King; but, after waiting one day for a Commissioner, (should one have been named,) they proceeded, according to their own views of “the liberties of the Kirk,” to business; but did nothing that is worthy of remark at present. And here we pause in our introductory narrative, to be prosecuted with more spirit-stirring matter, when we reach the date at which it may be suitably resumed, postponing some of the earlier military operations, till we give them all in connection.

We shall, therefore, only further note that, previously to this meeting of Assembly, the seeds of disunion were sown in the Church by a miserable controversy among the Covenanters themselves, about private meetings for devotional purposes, which some of the leading men in the Church countenanced and others reprobated—a schism which was agitated at the Aberdeen Assembly, and at a future period increased, till the Presbyterian Church was divided into two furious factions, denouncing, excommunicating, and persecuting each other. For the nature and particulars of this schism, we refer to Baillie, in which these are given with his characteristic naivete and frankness.[245]

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THE PRINCIPALL ACTS
OF THE GENERALL ASSEMBLY CONVEENED AT ABERDENE, JULY 28, 1640.

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