Miscellaneous Historical Documents. RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND, 1633-1638. (continued 6)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Falkirk, Nov. 30th.

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

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

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

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

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

Your, &c.

Traquair .

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

My very good Lord,

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

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

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

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

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

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

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

Lambeth, 3 Decemb. 1638.

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

Hamilton,

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

Your assured constant Friend, Charles R.

Whitehall, 7 Dec. 1638.

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

My very good Lord,

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

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

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

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

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

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

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

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

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

Whitehall, Decemb. 7. 1638.

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

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

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

Most Noble Lord,

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

Your Lordships humble Servants.