It appears, that from his youth he had been well affected to the presbyterian interest, for no sooner did that reformation (commonly called the second reformation) begin to take air, which was about the year 1637, than he appeared a principal promoter thereof, and that not only in joining these petitioners, afterwards called the covenanters, but also when the general assembly sat down at Glasgow in Nov. 1638, he thought it his honour to attend the same in almost every session thereof, and was of great service both by his advice in difficult cases, and also by several excellent speeches that he delivered therein. As witness Upon the very entry, when the difference arose between the marquis of Hamilton the king's commissioner, and some of the rest, anent choosing a clerk to the assembly, the marquis refusing to be assisted by Traquair and Sir Lewis Stuart, urged several reasons for compliance with his majesty's pleasure, &c. and at last renewed his protest, where upon lord Loudon, in name of commissioners to the assembly, gave in reasons of a pretty high strain, why the lord commissioner and his assessors ought to have but one vote in the assembly, &c. Of these reasons Traquair craved a double, and promised to answer them, but it appears never found leisure for this employment.
About this time, he told the king's commissioner roundly, "They knew no other bonds betwixt a king and his subjects but religion and laws; and if these were broken, mens lives were not dear to them. They would not be so; such fears were past with them[112]."
The king and the bishops being galled to the heart to see that, by the assembly, presbytery was almost restored, and prelacy well nigh abolished, he immediately put himself at the head of an army in order to reduce them, &c. The Scots, hearing of the preparation, provided as well as they could. Both armies marched towards the border, but upon the approach of the Scots, the English were moved with great timidity, whereupon ensued a pacification.——Commissioners being appointed to treat on both sides, the Scots were permitted to make known their desires; the lord Loudon being one of the Scots commissioners, upon his knees said, "That their demand was only to enjoy their religion and liberties, according to the ecclesiastical and civil laws of the kingdom." The king replied, "That if that was all that was to be desired, the peace would soon be made." And after several particulars were agreed upon, the king promised, "That all ecclesiastical matters should be decided by an assembly, and civil matters by the parliament, which assembly should be kept once a-year. That on the 6th of August should be held a free general assembly when the king would be present, and pass an act of oblivion, &c." The articles of the pacification were subscribed June 18th, by the commissioners of both sides, in view of both armies at kirks near Berwick, anno 1639.
But this treaty was short-lived and ill observed, for the king irritated by the bishops, soon after burnt the pacification by the hands of the hangman, charging the Scots with a breach of the articles of the treaty, although the earl of Loudon gave him sufficient proofs to the contrary. Which freedom used by his lordship no way pleased the king; but he was suffered to return home, and the king kept his resentment unto another opportunity.
In the mean time, the general assembly sat down at Edinburgh, August 12th. Mr. Dickson was chosen moderator, and at this assembly, after several matters were discussed, Messrs. Henderson and Ramsay entered upon a demonstration, that episcopacy hath its beginning from men, and is of human institution, &c. But they had not proceeded far, till they were interrupted by Traquair, the king's commissioner, who declared he did not desire them to fall upon any scholastic dispute, but how far those in the reformation had found episcopacy contrary to the constitution of this church; whereupon the truly noble lord Loudon (being present) did most solidly explain the act of the general assembly, 1580, which condemned the office of bishops in the most express terms, prior to the subscription of the national covenant, and because of a difficulty raised from these words in that act, viz. (as it was then used) his lordship observed that in the assemblies 1560, 1575, 1576, 1577, and 1578, episcopacy came still under consideration, though not directly as to the office, yet as to the corruption, &c. and having enlarged upon the office of bishops as without a warrant from the word of God, he concludes—"As we have said, so that the connection between the assemblies of 1574, and of 1581, is quite clear; episcopacy is put out as wanting warrant from the word of God, and presbytery put in, as having that divine warrant; and was accordingly sworn unto."
The same day on which the assembly arose, the parliament sat down, but falling upon matters that did not correspond with the king's design, Traquair did all he could to stop them that they might have nothing done, whereupon they agreed to send up the earls of Dunfermline and Loudon to implore his majesty to allow the parliament to proceed, and to determine what was before them, &c. But ere these two lords had reached the court, orders were sent them discharging them in the king's name, from coming within a mile of him, on supposition they had no express warrant from the lord commissioner; and they were returned home.
In the mean time the parliament by the kings orders is prorogued to the 2d of June 1640, and matters continued so till Jan. 1641, that the committee of parliament having obtained leave to send up commissioners to represent their grievances, did again commission the two foresaid earls, to whom they added Sir William Douglas of Cavers, and Mr. Barclay provost of Irvine. On their arrival they were allowed to kiss the king's hand, and some time after were appointed to attend at the council chamber, but understanding they were not to have a hearing of the king himself, they craved a copy of Traquair's information to the council of England, which was denied. At last the king gave them audience himself upon the third of March, when the lord Loudon, after having addressed his majesty, shewed that his ancient and native kingdom is independent upon any other judicatory whatever, and craved his majesty's protection in defence of religion, liberty, and the cause of the church and kingdom, and then speaking concerning those who have or may misrepresent or traduce these his most loyal Scots subjects, he says, "If it please God, for our sins to make our condition so deplorable as they may get the shadow of your majesty's authority, (as we hope in God they will not) to palliate their ends, then as those who are sworn to defend our religion, our recourse must be only to the God of Jacob for our refuge, who is the Lord of lords, and king of kings, and by whom kings do reign and princes decree justice. And if, in speaking thus out of zeal to religion, and the duty we owe to our country, and that charge which is laid upon us, any thing hath escaped us, sith it is spoken from the sincerity of our hearts, we fall down at your majesty's feet, craving pardon for our freedom." Again having eloquently expatiated upon the desires of his subjects, and the laws of the kingdom, he speaks of the laws of God and power of the church, and says, "Next, we must distinguish betwixt the church and the state, betwixt the ecclesiastical and civil power; both which are materially one, yet formally they are contradistinct in power, in jurisdiction, in laws, in bodies, in ends, in offices and officers, and although the church and ecclesiastic assemblies thereof be formally different and distinct from the parliament and civil judicatories, yet there is so strict and necessary a conjunction betwixt the ecclesiastic and civil jurisdiction, betwixt religion and justice; as the one cannot firmly subsist and be preserved without the other, and therefore they must stand and fall, live and die together, &c." He enlarged further upon the privileges of both church and state, and then concluded with mentioning the sum of their desires, which——"is that your majesty (saith he) may be graciously pleased to command that the parliament may proceed freely to determine all these articles given in to them, and whatsoever exceptions, objections, or informations are made against any of the particular overtures, &c. we are most willing to receive the same in write, and are content in the same way, to return our answers and humble desires[113]."
March 11, the commissioners appeared, and brought their instructions, whereupon ensued some reasonings betwixt them and the king, in which time arch-bishop Laud, who sat on the king's right-hand, was observed to mock the Scots commissioners, causing the king put such questions to them as he pleased. At last Traquair gave in several queries and objections to them, unto which they gave most solid and sufficient answers in every particular.
But this farce being over, for it seems nothing else was here intended by the court than to intrap the commissioners, (and particularly this noble earl who had so strenuously asserted the laws and liberties of his native country). In the end, all the deputies, by the king's order, were taken into custody, and the earl of Loudon sent to the tower for a letter alledged to be wrote by him, and sent by the Scots to the French king, as to their sovereign, imploring his aid against their natural king, of the following tenor:
"SIRE,