Having already, at more than our usual length, given all the details connected with the destruction of King Charles, the minor events which ensued betwixt that occurrence and the meeting of the subsequent General Assembly, must now be stated very briefly. We must not, however, omit to state that, up to the time of the execution, and particularly on the 29th of January, the Scottish Commissioners in England, acting by orders of the States, remonstrated in the strongest terms, and on the most solid grounds, against putting the King to death. Their letters to Fairfax and Cromwell, which are extant on the record of Parliament,[413] bear witness to this, and establish that the foul deed was done by the House of Commons of England, not only without the concurrence, but in utter contempt of the earnest protestations of Scotland. Early in February, the Commons voted the House of Lords “useless and inconvenient;” and at once abolished it and the monarchy of England.
Whenever the tidings of the King’s death reached Edinburgh, the Estates, on the 5th of February, passed an act for proclaiming his eldest son, Charles, as King; and this ceremony took place the same day at the cross of Edinburgh.[414] On the 7th, an act was passed for securing the Covenant and peace of the kingdom, containing stringent conditions, that before the Prince, or any of his successors, should be admitted to the exercise of the royal power, he should not only take the ancient coronation oath to maintain the Protestant religion, but also accede to the Covenant and Solemn League and Covenant, and consent that all civil matters should be determined by Parliament, and all ecclesiastic by the General Assembly of the Kirk. Commissioners were also appointed to proceed to the Prince in Holland, and effect arrangements on these terms. At the same time an act was passed ratifying the Catechisms and Confession of Faith.[415] Various other statutes were enacted for putting the kingdom in a posture of defence, and referable to the existing state of public affairs—for keeping all “malignants” out of public employment.
But the most important act of that time, relating to the Kirk, was passed on the 9th of March, for abolishing the patronages of Kirks.[416] By that statute the Estates did “discharge for ever hereafter all patronages and presentations of Kirks, whither belonging to the King, or to any laick patrone, presbyterie, or others within this Kingdome, at being unlawfull and unwarrantable by God’s word, and contrary to the doctrines and liberties of this Kirk, and doe repeal, rescind, make voyd, and annull all gifts and rights granted thereanent, and all former Acts made in the Parliament, or in any inferior judicatory, in favour of any patrone or patrones whatsoever, so farre as the same doth or may relate unto the presentation of Kirks,” &c. “And because it is needfull that the just and proper interest of congregations and presbyteries in providing of Kirks and Ministers, be clearly determined by the General Assembly, and what is to be accompted the congregation having that interest. Therefore it is hereby seriously recommended unto the next General Assembly clearly to determine the same, and to condescend upon a certain standing way for having a settled rule therein for all tyme coming.” This was a most important innovation on the original constitution of the Reformed Church in 1567, from which time lay patronage had been an essential element in its composition, whether in times of Episcopacy or Presbytery; and, particularly, it amounted to a virtual repeal of the Act 1592, by which the Presbyterian polity was fully established. It is unnecessary to anticipate the proceedings of the Assembly on this devolution of the power of legislation in this matter, as the subsequent acts of that Assembly will most satisfactorily explain their ordinance. The Estates, after passing acts approbatory of the proceedings of their Commissioners in England, and various other matters of particular concernment, continued the Parliament till the 23d of May following.
After the reassembling in May, the most interesting subject brought under the notice of the Estates, was a report of the proceedings of the Commissioners who had been sent to the King to adjust the terms of his acceptance of the crown of Scotland. That report, and the various protocols connected with it, shew that the first treaty proved abortive;[417] the King declining to accede to the proposed restrictions, and the commissioners urging them ineffectually.[418] The army was also “purged” of all malignants; and from the communications which stand on record betwixt the two Parliaments of England and Scotland, the symptoms of a breach began very soon to appear; but nothing further very remarkable occurred worthy of notice, till the meeting of the Assembly, on the 4th of July, 1649, to the Acts of which we now point attention.
THE PRINCIPALL ACTS
OF THE GENERALL ASSEMBLY HOLDEN AT EDINBURGH, JULY 7, 1649.
Iuly 7, 1649. Ante Meridiem. Sess. IV.
Approbation of the proceedings of the Commissioners of the General Assembly.
THE Generall Assembly having heard the report of the Committee appointed for revising the proceedings of the Commissioners of the preceding Assembly; And finding thereby, that in all their proceedings they have been zealous, diligent and faithfull, in the discharge of the trust committed to them, do therefore unanimously Approve and Ratifie the whole proceedings, Acts and Conclusions of the said Commission; Appointing Mr John Bell Moderator pro tempore, to return them heartie thanks in the name of the Assembly for their great pains, travil and fidelity.