Chapter X: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (7)

We finding the Subjects Fears and Stirs to encrease since the last Proclamation, did appoint by the Lord Chancellour, and other Lords of the Clergy, their Special Advice, a solemn Dyet of Council to be kept at Sterlin, on the first of March, where the Lord Chancellour, and other Lords of the Clergie, promised to be present to consult upon the growth of the publick Evils and Remedies thereof, for His Majesties Honour and Peace of this Country; but having met at Sterlin, we received a Letter of Excuse from the Lord Chancellour, and were forced to proceed without him, and the other Lords of the Clergy; where, after we had spent four days in advising upon the said Evils and Remedies of them, we resolved in end to direct Sir John Hamilton of Orbiston, one of our number, with a Letter of Trust from us to His Majesty, to whom we have imparted our Opinions, and Reasons of the said publick Ills, and Remedies of the same, to be represented to His Sacred Majesty; and because the business is so weighty and important, that in our opinion the Peace of the Country was never in so great hazard, we have thought fit to recommend the business to your Lordships consideration, that after your Lordship has heard the Justice-Clerk therein, your Lordship according to your great interest in His Majesties Honour and Peace of the Kingdom, may concur by your best advice and assistance at His Majesties hands to bring these great and fearful Ills to a happy event. So committing your Lordship to the Grace of God, we rest

Your Lordships very good Friends,

Traquair
Roxburgh
Winton
Perth
Wigton
Kinghorn
Lauderdale
Southesk
Angus
Lorn
Down
Elphinston
Napier
J. Hay
Tho. Hope
J. Carmichael
W. Elphinston

Sterlin March 5. 1638.

* * * * *

1638.—March 27.

31. _Demands by the Covenanters given to Traquaire._[55]

First, It is certaine that the present not wrging or present discharging of the seruice booke, the booke of canons, and off the last heighe comissione, cannot satisfie our supplications, complaints, protestatione and cofession, cannot remeed the present eiuills, nor prewine the lyke in time coming.

2. Experience showeth the necessity, that this kirke must be assured, by ane acte of free generall assembley, and of ane parliament, that shoe shall neuer be vrged heirafter with aney alteratione in poyntes of doctrine, diwyne worschipe, or churche gouerniment, bot that wich shall be first aggreid wpon in a lawfull and free generall assembly, wich is order appoynted be God, obserued and præscribed in this churche since the reformatione, and the principall meine to giue satisfactione to all mens myndes in matters of religion, as far so as is possible.

3. Pastors and professors can neuer be free of troubles or feares, so long as the terror of the heigh commission standes ouer ther heades, wich cannot be limitted, bot quyte discharged.

First, Becausse it was introduced and exercissed, not only with the lawes of this kirke and kingdome, bot aganist the expresse acte of bothe.

2. It is [a] courte of ciuile and ecclesiasticke persons, hauing pouer to inflicte both spirituall and temporall paines, and therfor, being in the constitutione therof wnlawfull, cannot be qualified with aney limitations.

3. A commissione for ecclesiasticke persons to inflicte spirituall censures, cannot proceid from the King, bot from the generall assembley of the kirke: and a comissione to ciuile persons to inflicke temporall paines for ecclesiastick causes, cannot proceid bot from the parliament, at the desyre of the assemblies.

4tly. It subuerteth all other judicatories of this kirke and realme, and indangereth the liberties, estaites and persons of the quholl leidges.

4o. The vrginge of the artickeles of Perth, wnder ecclesiasticke and ciuile paines, hath caussed grate trouble and dissention in the kirk, made way for all ther subsequent innouations and superstitions, and zet is nather warranted be the acte of assembley, wich doeth nather conteine aney penaltie, nor inoyn’d by way of præcept, necessarly to be obayed, bot by way of counsaile, freelie to be obserued; and that wpone this ressone, seing all memorey of bygaine superstitione is past, wich being anima legis, inferreth via contrariorum, by way of contraries, the necessity of our not obseruing, seing the memorey of bygaine superstition is now reuiued and pressed, according to the last claus of the 21 artickell of our large Confession of Faith, ratified in parliament, and according to our promise in our lait confession; nather is it zet warranted by the actes of parliament, wich doeth ratifie the actes of this assembley, without aney desyre from the kirke; zea, contrarey to the suplications and protestations of maney godlie and learnid of the ministrie, bot neuer intendit, nor could change the free voluntarey obseruance in matters ecclesiasticke of ane churche counsaile, wnto the necessarey obedience of a penall statute, and therfor the vrging of the Perth artickells must ceasse and desist.

5o. Ther is no appirance of staying the present commotions and combustions in the kingdome, of satisfieing the Kinges honor and mynd, misinformed by our aduersaries, nor of cleiring of the subiects pious loyaltie, in ther legall and peacefull proceidinges, from all calumnies and misconstructions, accept in a free generall assemblie; the present archbischopes and bischopes, the authors and causse of all the innowations compleined vpon, and of all misinformations aganist the compleiners, be trayed and censsured according to the actes of the generall assembley; for it is aganist all law and reasone, that they should be, without dew censure, suffred to reuelle at ther pleasure; and ther auen acte of the assembley at Glasgow, quherby they haue ther pouer appoynted them, to be censured in ther lyffe, office and benefice, by the generall assembly, sick-lyke that ministers be trayed in ther office and conuersatione, and censured according to the actes of the assembley.

6o. For keiping the purity of religion in this kirk, and establishing a firme peace in this kingdome in tyme coming, generall assemblies must be haldin at the ordinarey tyme, for the commissioners appoynted by K. James for the assemblie, at Linlithgow, 1606, and wthers acquanted withe his Maiesties intentions, declaire that his Maiesty was neuer of ane other mynde, bot that the holding generall assemblies at certane competent tymes, was and is a most necessarey meine for preseruation of piety and vnion in the kirke, and for exterminatione of heresie and schisime, (quhilk our dolefull experience, and innumerable eiuells follouing wpon vant therof, doeth wndenayablie confirme); and therfor it was his will, that the acte of parliament should stand in force for conweinng the generall assembley once in the zeire, lyke as it was acknouledged in the afforsaid assembly of Glasgow, 1610, that the necessity of the kirke did craue, that for taking order with the common enimney, and for other affaires of the kirke, ther be zeirlie generall assemblies, and therfor that assembley requysted his Maiestie, that generall assemblies might be haldin once in the zeire, ore at least at sett tymes, in all tyme coming.

7o. The least can be sought for the present concerning ministers wotters in parliament, is, that they be limitted by the particular caueatts aggreid one in the assemblie, 1600, at Montrose, and by aney other cautions to be made, as the assembley shall thinke meitt and necessarey, (from oure 37 zeires experience of the fruittes and consequences thereof,) as it was appointed at that tyme; for so longe as they wotte in parliament, absolutly without the limitation of ther cautions, they can neuer be thought to wotte in name of the kirke.

8o. Ther can be no houpe of continuance of religione in the kirke, (altho wee are deliuered from all other eiuells) except some better coursse be takin for the free entrey of ministers, without wnlawfull othes, and with the consent of the presbeteries and of the people; for this end it wold be remembred, that it was declared, acte 114, parl. 1592, that God had giuen to the spirituall office bearirs of the kirke, colatione and depriuatione of ministers, and therfor the commission granted to bischopes, in Aᵒ 1584, to receaue the presentatione to benifices, wes declared to be null in all tyme coming; and it was ordained, that all presentations to benefices be directed to particular presbeteries in all tyme coming, with full pouer to giue colatione therwpone, they being the lawfull office bearirs of the kirke, to quhom God hath giuen that right, wich therfor nather was nor can be takin from them absolutly, nor giuen to bischopes exclusiue.

* * * * *

1638.—March 27.

32. _Letter by the Covenanters to each of the Lords of Privy Councel._[56]

MAY IT PLEASE YOUR LORDSHIP,

Wee the Ministers of the Gospel, conveened at this so necessarie a time, doe finde our selves bound to represent, as unto all, so in speciall unto your Lordship, what comfortable experience we have of the wonderfull favour of God, upon the renewing of the Confession of faith and Covenant, what peace and comfort hath filled the hearts of all Gods people, what resolutions and beginnings of reformation of manners are sensibly perceived in all parts of the kingdome, above any measure that ever we did finde or could have expected, how great glorie the Lord hath received thereby, and what confidence we have (if this sunshine be not eclipsed by some sinfull division or defection) that God shall make this a blessed kingdome, to the contentment of the Kings Majestie, and joy of all his good subjects, according as God hath promised in his good Word, and performed to his people in former times; And therefore we are forced from our hearts both to wish and entreat your Lordship to be partaker and promover of this joy and happinesse by your subscription, when your Lordship shall thinke it convenient: And in the meane while, that your Lordship would not be sparing to give a free testimonie to the truth, as a timely and necessarie expressione of your tender affection to the cause of Christ now calling for helpe at your hands: your Lordships profession of the true Religion as it was reformed in this land, the nationall oath of this kingdome sundry times sworne and subscribed, ablishing us who live at this time, the dutie of a good Patriot, the office and trust of a Privie Councellour, the present employment to have place amongst those that are first acquainted with his Majesties pleasure, the consideration that there is the time of tryall of your Lordships affection to Religion, the respect which your Lordship hath unto your fame both now and hereafter, when things shall be recorded to posteritie, and the remembrance, that not onely the eyes of men and Angels are upon your Lordships carriage, but also that the Lord Jesus is a secret witnesse now to observe, and shall be an open Judge hereafter to reward and confesse everie man before his Father, that confesseth him before men: All of these and each of them, besides your Lordships personall and particular obligations to God, doe call for no lesse at your Lordships hands, in the cause of so great and singular necessitie; and we also doe expect so much at this time, according as your Lordship at the houre of death would be free of the terrour of God, and be refreshed with the comfortable remembrance of a word spoken in season for Christ Jesus, King of Kings and Lord of Lords.

1638.—April 28.

33. _Articles for the present Peace of the Kirk and Kingdom of Scotland, signed by Rothes, Cassils, and Montrose._[57]

If the Question were about such matters as did come within the compass of our own power, we would be ashamed to be importunate, and should be very easily satisfied without the smallest trouble to any; but considering that they are the matters of Gods honour, of the Kingdom of Christ, and the peace of our Souls, against the Mystery of Iniquity, which we clearly perceive to have been uncessantly working in this Land since the Reformation, to the ruine of true Religion in the end; it cannot stand with our duty to God, to our King, to our Selves and Posterity, to crave or be content with less, than that which the word of God, and our Confession of Faith doth allow, and which may against our Fears establish Religion afterwards.

I. The discharging of the Service-Book, the Book of Canons, and of the late High Commission, may be a part of the satisfaction of our humble Supplications, and just Complaints, which therefore we still humbly desire; but that can neither be a perfect Cure of our present Evils, nor can it be a preservative in time to come.

II. When it is considered what have been the Troubles and Fears of his Majesties most loyall Subjects from the High Commission, what is the nature and constitution of that Judicatory, how prejudicial it proves to the lawful Judicatories of the Kirk and Kingdom, how far it endangers the Consciences, Liberties, Estates and Persons of all the Lieges, and how easily, and far more contentedly all the Subjects may be keeped in order, and obedience to His Majesties just Laws, without any terrour of that kind; we look that his Majesties Subjects, who have been used to obey according to the Laws, shall be altogether delivered from the High Commission, as from a yoke and burden, which they feel and fear to be more heavy than they shall be ever able to bear.

III. Remembring by what wayes the Articles of Perth were introduced, how strangely and with what opposition they were carried in the Assembly, upon what Narrative they were concluded, how the Ratification in Parliament was not desired by the Kirk, but earnestly supplicated and protested against, how they have been introductory of the Service-Book, whereof now they are become Members, and in their nature make way for Popery, (whatsoever hath been the intentions of the Urgers;) and withall, what Troubles and Divisions they have caused these twenty years in this Kirk and Kingdom, and what Jealousies between the Kings Majesty and His Subjects, without any Spiritual profit or edification at all; as we can see no reason why they should be urged by Authority, so can we not find, but we shall be more unable to digest them than in the beginning, when we had not as yet tasted, and known how bitter and unwholsome they were.

IV. The Judgements of the best Divines of the Reformed Kirks, and of the most Pious and Learned of this Kirk since the Reformation, concerning the Civil Places and Offices of Kirkmen, and concerning the Vote of Ministers in Parliament, have been made known in divers generall Assemblies; which moved the Assemblies of this Kirk, when they could not by their modest opposition prevail to limit the Ministers that were to Vote in Parliament, by any particular Cautions agreed upon at first, and ordained to be inserted in the Act of Parliament, and by other Cautions to be made afterward, as the Assembly should find meet and necessary; and, therefore, if we will declare our minds, after lamentable experiences of the Evils which were then foreseen, feared, and foretold, we cannot see how Ministers voting in Parliament, absolutely without the limitation of these Cautions, can be thought fit to Vote in the name of the Kirk.

V. We have no Grievance more universal, more ordinary, and more pressing, than that worthy men, who have Testimonies of their Learning from Universities, and are tried by the Presbyteries to be qualified for the Work of the Ministery, and for their Life and Gifts earnestly desired by the whole People, are notwithstanding rejected because they cannot be persuaded to Subscribe and Swear such unlawful Articles and Oaths, as have neither warrant of the Acts of the Kirk, nor Laws of the Kingdom, and others of less worth, and ready to swear for base respects, unworthy to be mentioned, are obtruded upon the People, and admitted to the most eminent Places of the Kirk, and Schools of Divinity, which causes continual Complaints, makes the People run from their own Kirks, refuse to receive the Sacrament at the hands of the Ministers set over them against their hearts, or to render them that Honour which is due from the People to their Pastors, and is a mighty hindrance to the Gospel, to the Souls of the People, and to the Peace of the whole Kirk and Kingdom; all which might be easily helped, by giving place to the 114 Act of Parliament, 1592, declaring, That God hath given to the Spiritual Office-bearers of the Kirk Collation and Deprivation of Ministers, and ordaining that all Presentations to Benefices be directed to particular Presbyteries in all time coming, with full power to give Collation thereupon, they being the lawful Office-bearers of the Kirk, to whom God hath given that right; which therefore, never was nor can be taken from them, and so conferred upon others, at that they shall be quite secluded therefrom.

VI. The lawful and free National Assemblies of this Kirk, warranted by Divine Authority, ratified by Acts of Parliament, keeped in other Reformed Kirks, and in this Kirk since the Reformation, and acknowledged by King James to be the most necessary means for preservation of Piety and Union, and for extermination of Heresie and Schism, (who willed, therefore, that the Act of Parliament for convening the General Assemblies once in the year should stand in force;) if they were revived, and by His Majesties Authority appointed to be keeped at the ordinary times, and if one at His Majesties first opportunity, and so soon as may be conveniently, should be indicted, Kirkmen might be tried in their Life, Office, or Benefice, and keeped in order without trouble to His Majesty, and without offence to the People, the present Evils might be speedily helped, to His Majesties great honour and content, and to the preservation of the Peace of the Kirk, and these courses might be stopped afterwards: and on the contrary, while Kirkmen escape their due Censure, and matters of the Worship of God are imposed without the consent of the free Assemblies of the Kirk, they will ever be suspected to be unsound and corrupt, as shunning to be tried by the Light, to the continual entertaining of heart-burnings amongst the People, and to the hindrance of that cheerfulness of obedience which is due, and from our Hearts we wish may be rendred to the Kings Majesty.

VII. If according to the Law of Nature and Nations, to the Custom of all other Kingdoms, and the laudable example of His Majesties worthy Progenitors, in the like cases of National Grievances, or of Commotions and Fears of a whole body of a Kingdom, his Majesty should be graciously pleased to call a Parliament, for the timeous hearing and redressing of the just Grievances of the Subjects, for removing of their common Fears, and for renewing and establishing such Laws, as in time coming may prevent the one and the other, and may serve to the good of the Kirk and the Kingdom, that the Peace of both might be firmly settled, and mens minds now so awakened might be easily pacified; and all our Tongues and Pens are not able to represent, what would be the joyful Acclamations and hearty Wishes of so loyal and loving a People, for His Majesties Happiness, and how heartily bent all sorts would be found to bestow their Fortunes and Lives in His Majesties Service.

VIII. The more particular Notes of all things expedient for the well of the Kirk and Kingdom, for His Majesties honour and satisfaction, and for extinguishing of the present Combustion, may be given in to be considered in the Assembly and Parliament.

* * * * *

1638.—April 28.

34. _Articles of Information to Mr Andrew Learmonth, for my Lord Archbishop of Saint Andrews, the Bishop of Ross, &c. and in their absence, for my Lord Archbishop of Canterbury his Grace._[58]

I. You shall show their Lordships, How they have changed the Moderator of the Presbytery of Edinburgh, and are going on in changing all the Moderators in the Kingdom.

II. How they have abused Doctor Ogstone the ninth of May in Edinburgh, Mr George Hannay at Torphichen the sixth of May, Doctor Lamond at Markinch the ninth of May, Mr Robert Edward at Kirkmichael, whom Kilkerrin is forced to entertain at his own House.

III. That the Presbytery of Haddingtown have given Imposition of Hands to Mr John Ker’s Son, to be his Collegue, without the knowledge of the Bishop; and likewise the Presbytery of Kircaldy to Mr John Gillespy’s Son, to the Church of the Weemes; and the Presbytery of Dumfrice, to one Mr John Wier, to the Church of Morton within two miles of Drumlanerick; and that they of Dumfermline have admitted Mr Samuel Row (a Minister banished from Ireland) to be helper to Mr Henry Mackgill; and they of Air Mr Robert Blair, to be helper to Mr William Annand; and that the Town of Dumfrice have made choice of Mr James Hamilton to be their Minister; and the Town of Kirkudbright one Mr John Macklennan, all of them banished from Ireland; and Mr Samuel Rutherford is returned and settled in his Place; and they intend to depose Mr John Trotter, Minister of Dirleuton; and how they intended to use the Regents.

IV. That the Council of Edinburgh have made choice of Mr Alexander Henderson to be helper to Mr Andrew Ramsay, and intend to admit him without advice or consent of the Bishop.

V. That the Ministers of Edinburgh, who have not subscribed the Covenant, are daily reviled and cursed to their Faces, and their Stipends are withheld and not payed; and that all Ministers who have not subscribed are in the same case and condition with them.

VI. That they hound out rascally Commons on men who have not subscribed the Covenant, as Mr Samuel Cockburn did one John Shaw at Leith.

VII. That His Majesty would be pleased by his Letters, to discharge the Bishop of Edinburgh to pay any Prebend-fee, to those who have subscribed the Covenant; as also by His Royal Letters to discharge the Lords of Session, to grant any Process against the Bishop for their Fees.

VIII. That His Majesty would be pleased in the Articles of Agreement with the Nobility, to see honest men, who shall happen in this tumultuous time to be deposed from their Places, restored and settled in them, and others that are violently thrust in, removed; and that the wrongs done to them be repaired.

IX. That if it shall happen his Majesty to take any violent course for repressing these Tumults and Disorders, (which God forbid) that in that case their Lordships would be pleased to supplicate His Majesty, that some speedy course may be taken for securing of the persons of these honest men, who stand for God and His Majesty.

Signed,
Da. Edin. Ja. Hannay.
Ja. Dumblanen. Da. Michell.
Ja. Lismoren. Da. Fletcher.

* * * * *

1638.—May 16.

35. _Proclamation by the King._[59]

CHARLES R.

Charles by the Grace of God King of Scotland, England, France, and Ireland, Defender of the Faith, to our Lovits, our Sheriffs in that part, conjunctly and severally, specially constitute, Greeting.

Forsamiekle as We are not ignorant of the great Disorders which have happened of late within this Our ancient Kingdom of Scotland, occasioned (as is pretended) upon the introduction of the Service-book, Book of Canons, and High Commission, thereby fearing Innovations of Religion and Laws; for satisfaction of which Fears We well hoped, that the two Proclamations of the eleventh of December, and nineteenth of February, had been abundantly sufficient: nevertheless finding, that Disorders have daily so increased, that a powerful rather than a persuasive way might have been justly expected from Us; yet We, out of Our innate Indulgence to Our People, grieving to see them run themselves so headlong into Ruine, are graciously pleased to try if by a fair way We can reclaim them from their faults, rather than let them perish in the same. And therefore once for all, We have thought fit to declare, and hereby to assure all Our good People, that We neither are, were, nor (by the Grace of God) ever shall be stained with Popish Superstition, but by the contrary are resolved to maintain the true Protestant Christian Religion, already professed within this Our ancient Kingdom. And for further clearing of Scruples, We do hereby assure all men that We will neither now nor hereafter press the practice of the aforesaid Canons and Service-book, or any thing of that nature, but in such a fair and legal way as shall satisfie all Our loving Subjects, that we neither intend Innovation in Religion or Laws; and for the High Commission, We shall so rectifie it, with the help of advice of Our Privy Council that it shall never impugn the Laws, nor be a just Grievance to Our Loyal Subjects. And as hereby it may appear how careful We are to satisfie the foresaid Fears (how needless soever) of our good Subjects[*]. So We do hold Our Selves obliged both in Conscience and Honour, to hinder the course of that which may prejudge that Royal Authority, which God has endued Us with; wherefore, understanding that many of our Subjects have run themselves into seditious and undutiful courses, and willing to reduce them rather by a benign, than forcible mean (because We hope that most of them are drawn thereto, blindly out of fear of Innovations) are content hereby to declare, and promise upon the Word of a King to pardon what is past, and not to take notice of the by-gone faults, no not so much as of those factious and seditious Bonds, upon condition that they seek to Our Mercy by disclaiming the same, and in testification of the true sense of their Misdemeanours, that they deliver up, or continue with their best endeavours to procure the delivering up, of the said Bonds into the hands of Our Council, or such as Our Council shall appoint: Declaring always, likeas We by these presents do declare, all these to be esteemed and reputed as Traitors in all time coming, that shall not renounce and disclaim the said Bond or Bonds, within _____________ after the publication hereof; that is to say, Whosoever will from henceforth be thought a good Subject, and capable of Our Mercy, must either deliver up the same, in case he have it, or concur with his best endeavours to the delivering up thereof, or at least must come to some of Our Privy Council, or chief Officers in Burgh or Land, and testifie to him, that he renounces and disclaims the said Bonds. Our Will is therefore, and We charge you straitly and command, that incontinent this Our Letter seen, &c. C. R.

The other Proclamation penned by the Marquis agrees with the former, to the place that is marked [*]; after which it follows thus.

So We expect that their behaviour will be such, as may give testimony of their Obedience, and how sensible they are of Our Grace and Favour, that thus pass over their Misdemeanours, and by their future carriage make appear, it was onely the fear of Innovations that caused those Disorders that have happened of late in this Our Kingdom, which now cannot but by this Our Declaration be removed from the hearts of Our loving Subjects: but on the contrary, if we find not this performed with that chearfulness and alacrity that becomes good and obedient Subjects, We declare and hold Our Self obliged in Honour and Conscience, to make use of those forcible means which God hath armed Royal Authority with, for the curbing of disobedient and stubborn People. Our Will therefore is, and we charge you, &c. C. R.

* * * * *

1638.—May 16.

36. _Declaration approved of by the King._[60]

Whereas we were in hope by Our late Proclamations to have given satisfaction to Our People, and to have removed their Mistakings of the Book of Common-prayer, which We caused to be published, having thereby declared, that it never entered into Our thoughts to make any Innovation in Religion and Form of Gods Worship, nay, not to press the said Books upon any of Our Subjects, till by a fair way they were induced to approve the same; yet having understood, that to the contrary (by what means We know not) occasions have been taken to confirm them in their former Mistakings, and to bind them by Oaths and Subscriptions against the Laws established by Our dear Father of blessed memory, and ratified by Our Selves since Our coming to the Crown: howsoever there is in that more than just cause offered to take punishment of such an open Contempt and Rebellion, yet considering that this is not the fault of the simple sort and multitude of People, who have been seduced through specious pretexts, as if nothing were contained in the said Bond or Covenant, as they call it, but the promoting of Gods Glory, the maintaining of Our Honour, and Liberty of the Country, with the preserving of Unity among themselves, We no way willing to use Our people with rigour, or to enquire severely into their errors of that kind, have thought meet to renew Our former Declaration, by assuring them, and every one of them, that Our constant Resolution is, and hath been, to maintain the true Religion professed and established by the Laws of that Our Kingdom, without any Change or Innovation, at the hazard of Our Life and Crown, and that We will not force on Our Subjects either the said Book of Common-prayer, or Book of Canons, till the same be duly examined, and they in their Judgments, satisfied with the legality thereof; nor will We permit the exercise of any Commission upon them, for whatsoever cause, which may give unto them any just cause of Grief and Complaint. Willing therefore and requiring all Our People and Subjects to acquiesce to this Our Declaration, and not suffer themselves to be misled by the private or publick Informations of turbulent spirits, as if We did intend any thing contrary to this Our Profession, having always esteemed it a special point of Royal Dignity, to profess what We intend to doe, and to perform what We do promise; certifying all Our good Subjects, who shall hereupon rest quiet in obedience of God and Us, that We will faithfully perform whatsoever We have declared, whether in this or in Our former Proclamations made to that purpose, and be unto them a good and merciful King: as on the other side, if any shall hereafter make business, and disturb the Peace of that Church and Kingdom, by following their private Covenants, and refusing to be ruled by the Laws established, that We will use the Force and Power, which God hath put into Our hands, for compescing and subduing such mutinous and disobedient Rebels. Given at Our Palace of

* * * * *

1638.—May 16.

37. _Queries by Hamilton, and Answers by the King._[61]

Queries whereunto Your Majesties Direction and Resolution is humbly
prayed, that accordingly I may govern my self, and be warranted for
my Proceedings.

1. If, before the publishing of the Declaration some of the chiefest
of the Petitioners may not be prepared, and laboured to conceive
aright of the same, and in general acquainted with Your Majesties
gracious Intentions?

_They may._

2. Where the first meeting of the Council shall be?

_Where you shall find most convenient, the City of Edinburgh only
excepted._

3. If your Majesty will not permit the Council to sit, where, and in
such places as is conceived may tend most for the advancement of your
Service?

_Yes._

4. If the Declaration shall not be read to the Council, and they
required to sign the same?

_By all means._

5. If we shall not all swear to give our best assistance for the
putting the same in due execution?

_Yes._

6. If any Councellour refuse to doe it, what course shall be taken
with him?

_Dismiss him the Council._

7. If Acts of Council are not to be made, finding that this
Declaration ought to free us of the fears of Innovations either of
Religion or Laws?

8. If all Councellours are not to be warned to give their attendance
till the business be settled?

_Yes._

9. If upon the publication of this Declaration there be Protestations
made, what course shall be taken?

_The Protesters must be proclaimed Rebels._

10. If no Protestations but Petitions of new be presented, either
demanding further satisfaction, or adhering to their former, what
Answer shall be made, or what course taken?

_Ut supra._

11. If they remain still in a Body at Edinburgh or elsewhere, after
the Declaration, what course shall be taken?

_You must raise what Force you may to treat them as Rebels._

12. If they should petition against the High Commission itself, as
not to be introduced without an Act of Parliament, what Answer shall
be given?

_That they must be content with My Declaration in that point._

13. If against the matter contained therein, it is then desired that
those particulars may be expressed that will not be yielded to?

_The settling thereof according to My Declaration will answer this._

14. If it be pressed that what is now concluded, concerning the High
Commission be ratified in the next Parliament, what Answer shall be
given?

_If I may be sure that a Parliament will doe it, I shall be content._

15. If they Petition for a Convention, what Answer shall be given?

_No Petition must be admitted till the Bond_[62] _be broken; if after,
you may grant it, leaving the time to Me._

16. If they petition for a General Assembly, that it may be once in
the year, what Answer shall be given?

_I will not be tied, but as I shall find cause._

17. If they petition that the Ministers Oath may be no other than
that which the Act of Parliament doth order them to take, what Answer
shall be given?

_I and the Bishops will consider of it._

18. If they petition that the five Articles of Perth may be held as
indifferent, what Answer shall be given?

_I will hear of no Petition against an Act of Parliament._

19. If the Town of Edinburgh may not be dealt with apart to petition
for Your Majesties Favour, and if they desire that the Council,
Exchequer, and Session may be returned them, what Answer shall be
given?

_Upon their full submission, and renouncing of the Bond, they may
have their desires._

20. If the like course may not be taken with some other principal
Burghs?

_As before._

21. If to gain some leading men from the Party, marks of Your
Majesties Favour may not be hoped for?

_To some, I; to some, No._

22. If particular men desire either Acts of Council, or Pardons under
the Great Seal, what shall be done?

_Grant their desires._

23. What Service shall be used in the Chappel Royal?

_The English._

24. If the Lords of Council and Session, shall at that time be
pressed to receive Kneeling?

_This is no time for a Communion, but when there is they must kneel._

25. If thought fit, what shall be done to them that refuse?

_Advise of it._

26. If all Acts of Council, that have injoyned the use of the
Service-Book, Book of Canons, are not to be suspended, and declared
of no force in time coming?

_Yes._

27. How far Your Majesty will warrant me to declare Your Pleasure
to the Lords of the Clergy, concerning their living within their
Diocesses?

_I shall do it My Self, but you may tell any of it._

28. How far I may declare Your willingness to give ear to and receive
the private Complaints of Your Subjects in general, and in particular
against any of the Bishops?

_Refuse none._

29. If those Ministers (who have been by the Multitude displaced) are
not again to be established?

_They must._

30. If in the Abbey-Church the use of the Organs shall be presently
enjoyned?

_Yes._

31. If those Ministers formerly silenced may not for a time be
connived at, and permitted to preach?

_If they preach not Sedition._

32. If your Majesty aim at more for the present, than establishing
the Peace of the Country?

_No more for the present._

33. If more, it is humbly desired, Your Majesty may be pleased to
express it?

_When time shall be fit._

In execution of all which, or what else Your Majesty shall think fit
to command, it is most humbly desired, that I may be so warranted,
that the labouring to put them in execution may not turn to my Ruine,
nor hazard the losing of Your Majesties Favour, dearer to me than
life?

_You shall._

* * * * *

1638.—May 16.

38. _Instructions by the King to Hamilton._[63]

CHARLES R.

I. Before you publish the Declaration which We have signed, you shall require all the Council to sign it, and if you find that it may conduce to Our Service, you shall make all the Council swear to give their best assistance in the execution of the same: but this of putting them to their Oaths, We leave to your discretion, to doe as you shall find occasion; but if you shall find it fit to put them to their Oaths, those that refuse must be dismissed the Council till Our further Pleasure be known.

II. We give you Power to cause the Council to sir in whatsoever place you shall find most convenient for Our Service, Edinburgh onely excepted, and to change the Meeting thereof as often as occasion shall require.

III. You may labour to prepare any of the refractory persons to conceive aright of Our Declaration before it be published, so that it be privately and underhand.

IV. You are to get an Act of Council to pass, to declare, that this Declaration of Ours ought to free all honest Subjects from the fears of Innovations of Religion or Laws: but this you are not to propose publickly except you be sure to carry it.

V. If any Protestation be made against Our Declaration, the Protesters must be reputed Rebels, and you are to labour to apprehend the chiefest of them.

VI. If Petitions be presented to demand further satisfaction than that We have already given by Our Declaration, you are to receive them, and to give them a bold Negative, both in respect of the Matter and the Form, as being presented from a Body which you are no ways to acknowledge.

VII. If it should be objected against the High Commission, that it ought not to be introduced but by Act of Parliament: your Answer must be, that We found it left Vs by Our Father, and therefore We meane to continue it, having first regulated it in such a way that it shall be no just Grievance to Our Subjects, or against Our Laws: and when there is a Parliament, We shall be content that it be ratified as We shall now rectifie it.

VIII. If after the limited time in Our Declaration a Body remain at Edinburgh, or elsewhere, you must raise what Force you can to dissipate, and bring them under Our Obedience.

IX. As soon as the Peace of the Country will permit, you are to call a General Assembly for settling of a constant and decent way for Gods Worship; We having resolved to call them, or to permit them to be as often as occasion shall require; We likewise intending to have a Parliament, to ratifie what shall be condescended on at the Assembly.

X. You may say, the Bishops shall impose no other Oath upon Ministers at their Admission, but what is warranted by Act of Parliament.

XI. You are to give direction that the same Service be used in Our Chapel Royal, that was before the enjoyning of the Service-book.

XII. You must admit of no Petition against the 5 Articles of Perth, but for the present you are not to press the exact execution of them.

XIII. Whenever the Town of Edinburgh shall depart from the Covenant, and petition for Our Favour, We will that you bring back the Council and Session to it.

XIV. You shall deny no Pardons nor Acts of Council to any particular persons that shall desire the same for their security.

XV. Some marks of Favour We may be moved to give to particular persons that may deserve the same.

XVI. All Acts of Council that enjoyn the use of the new Service-book are to be suspended, and to be of no force hereafter.

XVII. You shall declare Our pleasure to Our two Archbishops, (as soon as the Country is anyway settled) that it is Our Pleasure, that every Bishop shall live within his own Diocess, except upon his own urgent occasions, or that he be commanded from Us, or the Council, to attend there for Our Service, which I intend as seldom as may be.

XVIII. You shall refuse Complaints against no man in particular, whether Officers of State, Councellours, or Bishops, so that it be against their Persons and not their Places.

XIX. All those Ministers who have been displaced by the seditious multitude, are to be (so soon as conveniently may be) repossessed again as they were.

XX. As for silenced Ministers, you may connive at their Preaching, if you find it may tend to the quieting of the Country.

XXI. For the Organs in the Abby-Church, We leave them to your discretion when to be used, and to advertise Me of your opinion.

XXII. You are to cause insert 6 weeks in Our Declaration for the delivery up of the Covenant, and if you find cause, less.

XXIII. You shall declare, that if there be not sufficient Strength within the Kingdom to force the refractory to Obedience, Power shall come from England, and that My Self will come in Person with them, being resolved to hazard My Life rather than to suffer Authority to be contemned.

XXIV. If you shall find cause, you are to raise a Guard of 200 or more, to attend Our Council.

XXV. You may treat with the Earl of Marr for the keeping of our Castles of Edinburgh and Sterlin, and for the present he must be charged with their safe Custody.

XXVI. You shall take seriously into consideration the Copper-coyn, and declare Our willingness to remedy the Evils that have risen thereby; or what else the Subjects may justly complain of.

XXVII. You may declare, that as We never intended to assume the Nominating the Provost of Our Town of Edinburgh, so We mean not by Our too frequent Letters to hinder the free Election of their own Officers.

XXVIII. You may likewise declare, (if you find cause) that as We never did, so by Gods Grace We never will stop the course of Justice by any private directions of Ours; but will leave Our Lords of Session, and other Judges, to administer Justice, as they will be answerable to God and Us.

If you cannot by the means prescribed by Us bring back the refractory and seditious to due Obedience, We do not onely give you Authority, but command all hostile Acts whatsoever to be used against them, they having deserved to be used no other way by Us, but as a Rebellious People; for the doing whereof We will not onely save you harmless, but account it as acceptable Service done Us.

Such of these Instructions, as you shall find cause, We give you leave to divulge and make use of as you find Our Service shall require.

C. R.
At Whitehall the
16th May, 1638.

* * * * *

1638.—May 20.

39. _Commission to Hamilton as Commissioner to Scotland._[64]

Carolus Dei gratiâ Magnæ Britanniæ, Franciæ, & Hiberniæ, Rex, fideique Defensor: Omnibus probis hominibus suis ad quos præsentes literæ pervenerint, Salutem. Sciatis nos considerantes magnos in hoc regno nostro Scotiæ non ita pridem exortos tumultus, ad quos quidem componendos, multiplices regiæ nostræ voluntatis declarationes promulgavimus, quæ tamen minorem spe nostrâ effectum hactenus sortitæ sunt; Et nunc statuentes, ex pio erga dictum antiquum regnum nostrum affectum, ut omnia gratiosè stabiliantur & instaurentur, quod (per absentiam nostram) non aliâ ratione commodius effici potest, quâm fideli aliquo Delegato constituto, cui potestatem credere possumus tumultus ejusmodi consopiendi, aliaque officia præstandi, quæ in bonum & commodum dicti antiqui regni nostri eidem Delegato nostro imperare nobis videbitur: Cumque satis compertum habeamus obsequium, diligentiam, & fidem prædilecti nostri consanguinei & consiliarii Jacobi Marchionis Hamiltonii, Comitis Arraniæ & Cantabrigiæ, Domini Aven & Innerdail, &c. eundemque ad imperata nostra exequenda sufficientèr instructum esse: Ideircò fecisse & constituisse, tenoreque præsentium facere & constituere præfatum prædilectum nostrum consanguineum & consiliarium Jacobum Marchionem de Hamiltoun, &c. nostrum Commissionarium ad effectum subscriptum: Cum potestate dicto Jacobo Marchioni de Hamiltoun, &c. dictum regnum nostrum adeundi, ibidemque præfatos tumultus in dicto regno componendi, aliaque officia à nobis eidem committenda in dicti regni nostri bonum & commodum ibi præstandi: Eoque Concilium nostrum quibus locis & temporibus ei visum fuerit convocandi, ac rationem & ordinem in præmissis exequendis servandum declarandi & præscribendi: Et quæcunque alia ad commissionis hujus capita pro commissa ipsi fide exequenda, eandemque ad absolutum finem perducendam & prosequendam conferre possunt tam in Concilio quâm extra Concilium nostro nomine efficiendi & præstandi; Idque similiter & adeò liberè acsi Nos in sacrosancta nostra persona ibidem adessemus. Et hac præsenti nostrâ commissione durante nostro beneplacito duratura ac semper & donec eadem per nos expressè inhibeatur. In cujus rei testimonium præsentibus magnum sigillum nostrum apponi præcepimus. Apud castrum nostrum de Windsore vigesimo die mensis Maii anno Domini millesimo sexcentesimo trigesimo octavo, Et anno regni nostri decimo quarto.

Per signaturam manu S. D. N. Regis suprascriptam.

* * * * *

1638.—June 11.

40. _Letter from the King to Hamilton._[65]

HAMILTON,

Though I answered not yours of the fourth, yet I assure you that I have not been idle, so that I hope by the next week I shall send you some good assurance of the advancing of our Preparations. This say not to make you precipitate any thing, (for I like of all you have hitherto done, and even of that which I find you mind to doe;) but to shew you that I mean to stick to my Grounds, and that I expect not any thing can reduce that People to their Obedience, but onely force. I thank you for the clearness of your Advertisements, of all which none troubles me so much, as (that in a manner) they have possessed themselves of the Castle of Edinburgh; and likewise I hold Sterlin as good as lost. As for the dividing of my Declaration, I find it most fit (in that way you have resolved it;) to which I shall adde, that I am content to forbear the latter part thereof, until you hear my fleet hath set sail for Scotland. In the mean time your care must be how to dissolve the Multitude, and (if it be possible) to possess your self of my Castles of Edinburgh and Sterlin, (which I do not expect.) And to this end I give you leave to flatter them with what hopes you please, so you engage not me against my Grounds, (and in particular that you consent neither to the calling of Parliament nor General Assembly, untill the Covenant be disavowed and given up;) your chief end being now to win time, that they may not commit publick Follies untill I be ready to suppress them: and since it is (as you well observe) my own People, which by this means will be for a time ruined, so that the loss must be inevitably mine; and this if I could eschew, (were it not with a greater) were well. But when I consider, that not onely now my Crown, but my Reputation for ever, lies at stake, I must rather suffer the first, that Time will help, than this last, which is irreparable. This I have written to no other end, than to shew you I will rather die than yield to those impertinent and damnable Demands, (as you rightly call them;) for it is all one as to yield to be no King in a very short time. So wishing you better success than I can expect, I rest

Your assured constant Friend,
CHARLES R.
Greenwich, 11 June, 1638.

POSTSCRIPT.—As the Affairs are now, I do not expect that you should declare the Adherers to the Covenant Traitors, until (as I have already said) you have heard from me that my Fleet hath set sail for Scotland, though your six weeks should be elapsed. In a word, gain time by all the honest means you can, without forsaking your Grounds.

* * * * *

1638.—June 13.

41. _Letter by the King to Hamilton._[66]

HAMILTON,

The dealing with Multitudes makes diversity of Advertisement no way strange, and certainly the alteration from worse to less ill cannot be displeasing; wherefore you may be confident, I cannot but approve your Proceedings hitherto, for certainly you have gained a very considerable point, in making the heady Multitude begin to disperse, without having engaged me in any unfitting thing. I shall take your advice in staying the publick Preparations for Force; but in a silent way (by your leave) I will not leave to prepare, that I may be ready upon the least advertisement. Now I hope there may be a possibility of securing my Castles, but I confess it must be done closely and cunningly. One of the chief things you are to labour now, is to get a considerable number of Sessioners and Advocates, to give their opinion that the Covenant is at least against Law, if not treasonable. Thus you have my Approbation in several shapes, therefore you need not doubt but that I am

Your assured constant Friend,
CHARLES R.
Theobalds, 13 Jun. 1638.

* * * * *

1638.—June 13.

42. _Draft of Explanations of Covenant proposed by Spottiswood._[67]

We the Noblemen, Barons, Burgesses, Ministers, and others, that have joyned in a late Bond or Covenant for the maintaining of true Religion and purity of Gods Worship in this Kingdom, having understood that Our Sovereign Lord the Kings Majesty is with this our doing highly offended, as if we thereby had usurped his Majesties Authority, and shaken off all Obedience to His Majesty and to His Laws; for clearing ourselves of that imputation do hereby declare, and in the presence of God Almighty solemnly protest, that it did never so much as enter into our thoughts, to derogate any thing from his Majesties Power and Authority Royal, or to disobey and rebell against His Majesties Laws, and that all our proceedings hitherto by Petitioning, Protesting, Covenanting, and whatsoever other way, was and is onely for the maintaining of true Religion by us professed, and with express reservation of our Obedience to His most Sacred Majesty; most humbly beseeching His Majesty so to esteem and accept of us, that he will be graciously pleased to call a National Assembly and Parliament, for removing the Fears we have not without cause (as we think) conceived of introducing in this Church another form of Worship than what we have been accustomed with, as likewise for satisfying our just Grievances, and the settling of a constant and solid Order to be kept in all time coming, as well in the Civil and Ecclesiastical Government; which if we shall by the intercession of Your Grace obtain, we faithfully promise, (according to our bounden duties) to continue in His Majesties Obedience, and at our utmost powers to procure the same during our Lives, and for the same to rest and remain

Your Graces obliged Servants, &c.

* * * * *

1638.—June 20.

43. _Letter by the King to Hamilton._[68]

HAMILTON,