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

I do not wonder, though I am very sorry for your last Dispatch, to which I shall answer nothing concerning what you have done, or mean to doe, because I have approved all, and still desire you to believe I do so, untill I shall contradict it with my own Hand. What now I write is, first to shew you in what Estate I am, and then to have your Advice in some things. My Train of Artillery consisting of 40 Peece of Ordnance (with the appurtenances) all Drakes, (half and more of which are to be drawn with one or two Horses apiece) is in good forwardness, and I hope will be ready within six weeks; for I am sure there wants neither Money, nor Materials to doe it with. I have taken as good order as I can for the present, for securing of Carlisle and Berwick; but of this you shall have more certainty by my next. I have sent for Arms to Holland, for 14000 Foot and 2000 Horse: for my Ships they are ready, and I have given Order to send three for the Coast of Ireland immediately, under pretence to defend our Fishermen. Last of all, which is indeed most of all, I have consulted with the Treasurer and Chancellour of the Exchequer, for Money for this years Expedition, which I estimate at two hundred thousand pounds Sterlin, which they doubt not but to furnish me; more I have done, but these are the chief heads. Now for your Advice, I desire to know whether you think it fit that I should send six thousand Land-men with the Fleet that goes to the Frith, or not; for since you cannot secure me my Castle of Edinburgh, it is a question whether you can secure the landing of those men, and if with them you can make your self Master of Leith, to fortifie and keep it: of this I desire you to send me your Resolution with all speed. I leave it to your consideration, whether you will not think it fit to see if you can make all the Guns of the Castle of Edinburgh unserviceable for any body, since they cannot be useful for me. Thus you may see, that I intend not to yield to the Demands of those Traitors the Covenanters, who I think will declare themselves so by their Actions, before I shall doe it by my Proclamation; which I shall not be sorry for, so that it be without the personal hurt of you, or any other of my honest Servants, or the taking of any English place. This is to shew you, that I care not for their affronting or disobeying my Declaration, so that it go not to open mischief, and that I may have some time to end my Preparations. So I rest

Your assured constant Friend,
CHARLES R.
Greenwich, 20 June, 1638.

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1638.—June 23.[69]

44. _To his Maiesties Commissioner, the supplicatione of the noblemen, barrons, burgesse, ministers and comons, heir attending his Maiesties gratious anssuer to our former petitions, complaintes and desyres, humblie shewing,_

That quheras wee, expecting from your Grace, as his Maiesties Commissioner, ane gratious anssuer to our former suplications, complaintes and just desyres, haue presentit to your Grace ane petitione, humblie crauing a free generall assembley and parliament, as the ordinar remedy of our griuances, the onlie meine to put this kirke and kingdome to quyetnesse.

It pleased your Grace to show that his Maiestie, from his princely caire of this kirke and kingdome, walde be most willing to indicte a free generall assembley, and call ane parliament for thesse good endes; bot that your Grace, as his Maiesties, hath conceaued the Confession of Faith and couenant, laitly renewed by ws his Maiesties subiects, to be ane vnlawfull combination aganist athority, therby to cast off our deutifull obedience, and not ane couenant for manteining of the trew religion, of his Maiesties persone and authority, and of the lawes and liberties of the kingdome; and wee being most willing to remoue that impediment, as the maine hinderance for obteining our desyres, therfor, and for cleiring of our loyaltie and windicating ourselues from so grate ane imputatione, wee doe now, in all humility, remonstrat to your Grace, as his Maiesties commissioner, and declairs before God and men, that wee ar heartily griued and sorey, that aney good man, bot most of all that our dreid souerainge should so conceaue of our doing, and that wee wer and still are so far from aney thought of withdrawing ourselues from our deutifull subiection and obedience to his Maiesties gouerniment, wich by the discent, and wnder the rainge of 107 kinges, is most cheirfully acknouledged by ws and our prædicessors. That wee neuer had nor haue aney intentione ore desyre to attempte aney thing wich may turne to the dishonor of God, ore to the diminutione of the Kinges gratnes and authority; bot one the contrarey wee acknouledge our quietnesse, stability and happines, to depend wpone the saftie of the Kinges Maiestie, as vpone Gods vicegerent sett ouer ws for mantinence of religion and administratione of justice, haue solemlie suorne, not only our mutuall concurrence and assistance for the causse of religion, bot also to the wttermost of our power, with our means and our liues, stand to the defence of our dread souerainge, the Kinges Maiesty, his persone and authority, in the preseruatione and defence of the trew religion, lawes and liberties of the kingdome: and therfor wee, his Maiesties loyall subiects, free from that and all other imputations of that kynd, most humblie beseiches your Grace to esteime our Confessione of Faith and couenant, to haue beine intendit, and to be the largest testimoney of our fidelity to God, and loyaltie to our Kinge; and that hinderance being remoued, most still supplicat your Grace wald be pleased to indicte a free generall assembley and parliament, quhilk will vndoubtedly redresse all our eiuells, sothe the peace of this kirke and kingdome, and procure that cheerfulnesse of obedience, quhilk is dew to be randred to his Maiestie, carrinng with it the offer of our fortuns and best indeuors for his Maᵗⁱᵉˢ honor and happines, as ane reall testimoney of our thankefullnes, praying God that his Maiesty may long and happily raing ouer ws.

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1638.—June 25.

45. _Letter from the King to Hamilton._[70]

HAMILTON,

I must needs thank you that you stand so close and constantly to my Grounds, and you deserve the more since your fellow-Counsellours do rather dishearten than help you in this business, for which I swear I pity you much. There be two things in your Letter that require Answer, to wit, the Answer to their Petition, and concerning the Explanation of their damnable Covenant; for the first, the telling you that I have not changed my mind in this particular, is Answer sufficient, since it was both foreseen by me, and fully debated betwixt us two before your down-going; and for the other, I will onely say, that so long as this Covenant is in force, (whether it be with or without Explanation) I have no more Power in Scotland than as a Duke of Venice; which I will rather die than suffer: yet I commend the giving ear to the Explanation, or any thing else to win Time, which now I see is one of your chiefest cares, wherefore I need not recommend it to you. Another I know is, to shew the World clearly, that my taking of Arms is to suppress Rebellion, and not to impose Novelties, but that they are the seekers of them; wherefore if upon the publishing of my Declaration a Protestation should follow, I should think it would rather doe right than wrong to my Cause; and for their calling a Parliament or Assembly without me, I should not much be sorry, for it would the more loudly declare them Traitors, and the more justifie my Actions; therefore in my mind my Declaration would not be long delayed: but this is a bare Opinion and no Command. Lastly, my resolution is to come my self in person, accompanied like myself, Sea-forces nor Ireland shall not be forgotten; the particulars of which I leave to the Comptrollers relation, as I do two particulars to the Archbishop of Canterbury, which you forgot to mention in my Letter: and so I rest

Your assured constant Friend,
CHARLES R.
Greenwich, 25 June, 1638.

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1638.—June 28.

46. _Proclamation._[71]

CHARLES by the grace of God, King of Scotland, England, France and Ireland, Defender of the Faith. To our Lovits ________________________ Heraulds _____________________________ Messengers, our Sheriffes in that part, conjunctly and severally specially constitute greeting. Forsameikle as we are not ignorant of the great disorders, which have happened of late within this Our ancient Kingdome of Scotland, occasioned, as is pretended, upon the introduction of the Service Book, Book of Canons, and High Commission, thereby fearing innovation 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: Neverthelesse, finding that disorders have daily so increased, that a powerfull rather then perswasive way, might have been justly expected from Us: Yet We out of Our innative indulgence to Our people, grieving to see them run themselves so headlong into ruine, are graciously pleased to try, if by a faire way We can reclaime them from their faults, rather than to 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 were, are, nor by the Grace of God ever shall bee stained with Popish superstition: But by the contrary, are resolved to maintain the true Protestant Christian Religion already profest within this Our ancient Kingdome. And for farther clearing of scruples, We do hereby assure all men, that We will neither now nor hereafter presse the practice of the foresaid Canons and Service Book, nor any thing of that nature, but in such a faire and legall way, as shall satisfie all Our loving subjects, that We neither intend innovation in Religion or Lawes. And to this effect have given order to discharge all Acts of Councel made thereanent. And for the high Commission, We shall so rectifie it with the help of advice of Our privie Councel, that it shall never impugne the Lawes, nor bee a just grievance to Our loyall subjects. And what is farder fitting to be agitate in generall Assemblies and Parliament, for the good and peace of the Kirk, and peaceable government of the same, in establishing of the Religion presently profest, shall likewise be taken into Our Royall consideration, in a free Assembly and Parliament, which shall be indicted and called with Our best conveniencie. And We hereby take God to witnesse, that our true meaning and intention is, not to admit of any innovations either in Religion or Laws, but carefully to maintain the purity of Religion already profest and established, and no wayes to suffer Our Lawes to be infringed. And although We cannot be ignorant, that there may be some dis-affected persons who will strive to possesse the hearts of Our good subjects, that this Our gracious declaration is not to be regarded; Yet We do expect that the behaviour of all Our good and loyall subjects will be such, as may give testimonie of their obedience, and how sensible they are of our grace and favour, that thus passeth over their misdemeanours, and by their future carriage make appeare, that it was only feare of innovation, that hath caused the disorders which have happened of late within this Our ancient Kingdome. And are confident, that they will not suffer themselves to be seduced and mis-led, to misconstrue Us or Our actions, but rest heartily satisfied with Our pious and real intentions, for maintenance of the true Religion and Lawes of this Kingdome. Wherefore We require and heartily wish all Our good people carefully to advert to these dangerous suggestions, and not to permit themselves, blindely under pretext of Religion, to be led in disobedience, and draw on infinitely, to Our grief, their own ruine, which We have, and still shall strive to save them from, so long as We see not royall Authoritie shaken off. And most unwillingly shall make use of that power which God hath endued Us with, for reclaiming of disobedient people.

Our will is herefore, and Wee charge you straightly and command, that incontinent these Our Letters seene, you passe to the market crosse of Our Burgh of Edinburgh, and all other places needfull, and there by open Proclamation make publication hereof to all and sundry Our good subjects, where through none pretend ignorance of the same. The which to do, We commit to you conjunctly and severally Our full power, by these Our Letters, delivering the same by you duely execute and indorsed againe to the Bearer. Given at Our Court of Greenwich the twenty eight day of June, and of Our Reigne the thirteenth yeer. 1638.

Per Regem.

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1638.—June 28.

47. _The Protestation of the Noblemen, Barons, Gentlemen, Burrows, Ministers and Commons, &c._[72]

Wee Noblemen, Barons, Gentlemen, Burgesses, Minnisters, and Commons, That whereas wee the Kings Majesties true and loyall Subjects, who have ever esteemed it our greatest happinesse to live under a religious and righteous King, and our greatest glory to testifie our best affections to our gracious Soveraign, have beene in His Majesties absence from this His native Kingdome heavily pressed for a long time past, And especially of late, with diverse innovations, which both in themselves, and in the way wherein they have beene urged, doe manifestly tend to the prejudice of the Kings honour, and of our Religion, Laws and Liberties, And by which we were brought to such extremitie, that there was no way left betwixt the rock of excommunication, and the high paine of rebellion on the one part, and the desperate danger of forsaking the way of true Religion and the breach of our Covenant with God on the other, but to represent our cause, and present our supplications to the Lords of secret Councell, that being equally pondered by them, they might either be answered by themselves, or by their recommendation might ascend to his Majesties owne consideration: And therefore in all humble manner we did to this effect supplicate their Lordsh: we were most willing (for the modest following of our supplications) to obey their direction in chusing Commissioners, for the great number of supplicants, who flocked together from all quarters of the Kingdome; were carefull to order our selves in all Christian and quiet carriage, and, against the tediousnesse of many and long delaies, did wait for a long time with very great patience, till at last they were pleased to receive our supplications, complaints, and bills: And conceiving them to containe weightier matters then could by themselves bee determined, they did promise and undertake to represent and recommend the same, according to their more then ordinary importance, unto his Majesties Royall consideration, and to report his Majesties answer.

While his Majesties good Subjects of all ranks, throughout the whole Kingdome, had their minds wakened, and their hearts filled with the expectation of a gracious and satisfactorie answer, worthy of his Majesties pious and equitable disposition, in the month of February last incontinent a rumour flyeth through the Countrie, and filleth all eares, That the Lords of his Majesties secret Councell were commanded to make such a Proclamation concerning the Service Booke, Booke of Canons, and the peaceable meetings of his Majesties good Subjects in time comming, as we were perswaded to have beene procured by the secret working, and malignant mis-information of our adversaries, seeking for their owne private ends, without respect to his Majesties honour, and welfare of this Kirk and Kingdome, to stop the course of our legall proceedings, and to escape their owne due censure: And therefore intending to make knowne to the Lords of secret Councell what was noised concerning the Proclamation: how far the whole Kingdome had been by some sinistrous mis-information frustrate of their hopes, and their constant desire to have some course taken by their Lordsh: advice; how his Majestie being further informed, might deliver his good subjects from so great grievances and feares, and establish a sure peace in this Countrie for time to come; we found our selves tyed by order of Law to decline those against whom we had made our complaint, unlesse we would admit our parties to be our Judges: And in case our Declinator should not be accepted, we behoved to protest, that we might have immediate recourse to the King himselfe, &c.

Thereafter in the Moneth of March, finding that by the foresaid Proclamation the innovations supplicated against were approven, our lawfull proceedings condemned, our most necessary meetings prohibited, there being no other way left unto us, wee were necessitate to renew the nationall Covenant of this Kirk and Kingdome, thereby to reconcile us to God, provoked to wrath against us, by the breach of his Covenant within this Land, to cleare our Soveraigns mind from all jealousies and suspicions, arising from our adversaries mis-information of our intentions and carriage; and so to make way for his acceptance of our humble supplications, and grant of their lawfull remedies, to guard this Land in defence of Religion, Authority and liberty against inward divisions, and externall violences. And that our actions might be answerable to our holy profession, we afterward drew up an humble supplication, containing our grievances, and desires of the ordinary remedies thereof, to have beene delivered to the King himselfe: In the meane time we were directed by those who were intrusted by his Majesty, to attend his Declaration here in Scotland, which would free us of all feares of innovations of Religion, and prove satisfactorie: And lest for want of true information of our just grievances and desires it should fall out otherwise, wee expressed to them, with the greatest modestie we could, our desires in some few Articles, and with great patience have attended his Majesties pleasure thereanent: And all this moneth by-gone being frequently conveened to heare the same delivered by his Majesties Commissioner, the right Noble and potent Lord James Marquesse of Hamiltoun, &c. we presented a new petition to his Grace as his Majesties Commissioner, craving most humbly the indiction of a free Assembly and Parliament, as the onely remedies thereof: Likeas finding a mis-information or mistake of our Covenant with God, as if it had beene an unlawfull combination to bee the maine hinderance of obtaining our desires, in a new supplication; wee have fully removed that impediment, renewed our desires of those supreme judicatories, to bee indicted with diligence, for settling of the Kirk and Kingdome: But being answered only with delayes after these nine Moneths attendance, and with this Proclamation that conteined his Majesties gracious declaration of his pious intentions, not to admit of any innovations in Religion or Law, nor any staine of Popish superstition, But on the contrary to be resolved to maintaine the true Christian Religion professed in this Kingdome; which we were, ever so far from calling in question, as in our supplications, complaints and bills, we used the same as one cause of our desires, one ground of our confidence of a gracious answer, and argument of our adversaries malignant mis-information of so religious a King: And now most humbly (with bended knees and bowed hearts) thanke our gracious Soveraigne for the same, Wishing and praying the Lord of heaven truly and fully to informe his Majestie how far these bookes, judicatories, and all our other evils and grievances are full of idolatrous superstitions, and Popish errours, How destructive of the reformation of Religion in this Land, and of the Lawes and Liberties of this Church and Kingdome, and so directly contrary to this his Majesties pious intention and declaration.

Yet seeing that no Proclamation could sufficiently remove the present evils, nor settle our feares, nor secure us from the re-entrie of any evil or Innovation, which it seemed to discharge, or prevent the like in time comming, nor satisfie our humble supplications, craving the present indiction of a free Assembly and Parliament, as the onely remedies of our evils, and meanes to prevent the like: And seeing this Proclamation doth not so much as make mention, or acknowledge any of our supplications, complaints and grievances, or any just cause thereof, except under the name of great increase of disorders, faults, and mis-demeanours, but only our feares of some future Innovation of Religion or Lawes, occasioned onely (as is pretended) by the introduction of the Service Booke, Booke of Canons, and High Commission; which feares his Majestie hoped to have beene abundantly and sufficiently satisfied by his two former proclamations of the ninth of December, and nineteenth of February. And by this his present Declaration, except his subjects bee blindely (under pretext of Religion) led unto disobedience, Doth mis-ken, passe over, and so in effect denie all our supplications, bills, articles, and desires, especially our complaints against the Prelates our parties. And, that once for all, in a faire and perswasive way, even after the resaite of our last supplication, clearing us from the calumnie of unlawfull combination; Doth not disallow nor discharge any of the innovations and evils complained upon, but onely assureth that his Majestie will not presse their practice, but in such a faire and legall way as shall satisfie his subjects of his intention; which (joyned with the other clause, allowing and confirming the Proclamation the nineteenth of February) evidenceth the liberty left to any Prelate or persons to practice the same, and by all other faire waies to perswade others thereunto; and his Majesties resolution to presse their practice in a faire and legall way: And also confirmeth the former Declaration, That the Service Booke is a ready meane to maintaine the true Religion already professed, and to beat out all Superstition, and no waies to be contrary to the Lawes of this Kingdome, but to be compiled and approved for the universall use and edification of all his Majesties subjects; Doth not abolish, but promiseth to rectifie the High Commission, with advice of his Privie Councell, implying the Kings power, with consent of the Councell, to establish this or any judicatory within this Kingdome, without consent of the three Estates conveened in Parliament, contrary to the fundamentall and expresse Lawes thereof; and by consequent with the like reason, to establish Lawes and Service Bookes, without consent of the Assembly and Parliament; Which is contrary to the maine ground of all our supplications, against the manner of their introduction; Doth only promise to take into his consideration in an Assembly and Parliament, which shall bee called at his best convenience, while as the evident and urgent necessity for settling the combustions threatening the totall dissolution and desolation of this Church and State, excuseth our uncessant and importune calling for these present remedies; Doth insinuate the continuance and execution of any pretended lawes for these innovations of worship, and corruptions of Church governmen, and civill places of Church-men, which by our Covenant wee have obliged our selves to forbeare; and the re-establishment of these evils in an Assembly and Parliament, which he will call in his best convenience, to wit, for that and this other end of satisfying his subjects judgements anent the Service Booke and Booke of Canons; Doth condemne all our former proceedings, even our supplicating, complaining, protesting, subscribing of our Covenant together, and our continuall meetings, as great disorders, increase of disorders, deserving justly a powerfull rather then a perswasive way, a running headlong into ruine, a perishing in our faults, a blind disobedience under pretext of Religion, and doth threaten & denounce, NOW ONCE FOR ALL, If we be not heartily satisfied, and give testimony of our obedience after this Declaration, but continue, as by our former proceedings, to draw on our owne ruine, that, albeit unwillingly, he must make use of that power which God hath indued him with, for reclaiming of so disobedient people.

THEREFORE we, in our own name, and in name of all who will adhere to the Confession of Faith, and reformation of Religion within this Land, are forced and compelled, out of our bound duty to God, our King, native Country, our selves and our posterity, (lest our silence should be prejudiciall to so important a cause, as concernes Gods glory and worship, our Religion and salvation, the Lawes and Liberties of this Church and Kingdome, or derogatory to our former supplications, complaints, protestations, Articles and proceedings, or unanswerable to the solemne oath of our nation covenant with God) To declare before God and man, and to protest, _Primo_, That we doe, and will constantly adhere, according to our vocation and power, to the said Reformation, in doctrine, use of Sacraments, and discipline; And that notwithstanding of any innovations introduced therein, either of old or of late. _Secundo_, we protest, That we adhere to the grievances, supplications, and protestations given in at Assemblies and Parliaments, and to our late supplications, complaints, protestations, and other lawfull proceedings against the same, and particularly against the Service book, and booke of Canons, as maine innovations of Religion and Lawes, and full of Popish superstition, and so directly contrary to the Kings Declaration, And against the High Commission, as a judicatory established contrary to the Lawes and Liberties of this Church and Kingdome, and destructive of other lawfull judicatories, which both in respect of the nature of it, manner of introduction, without consent of the three Estates of Parliament, cannot be any wayes rectified, but absolutely discharged: _Tertio_, we protest, That we adhere with our hearts to our Oath and subscription of the Confession of Faith, the solemne Covenant betweene God, this Church and Kingdome, and the clauses particularly therein expressed and generally contained, and to our last Articles for the peace of this Kirke and Kingdome, drawne out of it, and to all the matters therein contained, and manner of remedy therein desired. _Quarto_, We protest, that this Proclamation, or act of Councell, or any other act, or Proclamation, or Declaration, or ratification thereof, By subscription, or act, or letter, or any other manner of way whatsoever, or any precondemnation of our cause or carriage, before the same be lawfully heard and tryed in the supreme judicatories of this Kirk and Kingdome, the onely proper judges to nationall causes and proceedings, or any certification or threatning therein denounced, shall no waies be prejudiciall to the Confession of Faith, lawes, and liberties of this Kingdome, nor to our supplications, complaints, protestations, articles, lawfull meetings, proceedings, pursuits, mutual defences, nor to our persons and Estates, and shall no wayes be disgracefull either in reality or opinion, at home or abroad, to us or any of us: But on the contrary, that any act, or letter, or subscription of the Councell, carrying the approbation of the declaration, and condemnation of our proceedings, _indicta causa_, is and ought to be repute & esteemed unjust, illegall & null, as here before God and man we offer to clear, & to verifie both the justice of our cause and carriage, and the injustice of such acts against us, in the face of the first generall Assembly of the Church & Parliament of the Estates, unto whom with all solemnities requisite, we do publikly appeal. _Quinto_, We protest, that seeing our former supplications, last Articles, & our last desire and petition to his Majesties Commissioner, which petitioned for the present indiction of a free general Assembly & Parliament, according to the law and custome of all nations, & of this nation in the like case, to hear the desires, ease the grievances, & settle the fears of the body of the Church & Kingdome, are thus delayed, & in effect refused, to wit, ONCE FOR ALL, till his Majesties conveniency for the end contained in this Proclamation, that We continue by thir presents to supplicate his Majesty again and again, for the granting of the same: And whatsoever trouble or inconvenience fall out in this land in the mean time, for want of these ordinary remedies, and by the practice of any of these innovations & evils, contrary to our supplications, articles, & confession, it be not imputed unto us, who most humbly beg these lawfull remedies, but also that it is, & shall be lawfull unto us, to defend and maintain the Religion, lawes and liberties of this Kingdome, the Kings Authority in defence thereof, & every one of us one another in that cause, of maintaining the Religion, and the Kings foresaid Authority, according to our power, vocation and Covenant, with our best counsel, bodies, lives, means, & whole strength, against all persons whatsoever, and against all externall or internall invasions menaced in this proclamation. Like as that in the great exigencie of the Church, necessitating the use of this ordinary and lawfull remedies for settling the commotions thereof, it is and shall be leasome unto us to appoint, hold and use the ordinary means, our lawfull meetings and Assemblies of the Church agreeable to the law of God, and practice of the primitive Church, the Acts of the generall Assemblies, and Parliaments, and the example of our Worthy Reformers in the like case. _Sexto_, We protest, that our former Supplications, Complaints, Protestations, Confessions, meetings, proceedings and mutual defences of every one another in this cause, as they are, and were in themselves most necessary, and orderly meanes agreeable to the lawes & practice of this Church and Kingdome, to be commended as reall duties of faithfull Christians, loyall Subjects, and sensible members of the body of the Church and Kingdome, and no wise to be stiled nor accounted great disorders, misdemeanours, blind disobedience under pretext of Religion, and running headlong into ruine, &c. So they proceeded only from conscience of our duty to God, Our King, native countrey, and our posterity, and doth tend to no other end, but to the preservation of the true reformed Religion, the confession of Faith, Lawes, and Liberties of this His Majesties most ancient Kingdome, and of His Majesties authority in defence thereof, and satisfaction of our humble desires, contained in our supplications, complaints and articles, unto the which we adhere againe and again, as we would eschew the curse of the Almighty God, following the breach of his Covenant: And yet we doe certainly expect, according to the Kings Majesty his accustomed goodnesse and justice, that his sacred Majestie after a true information of the justice of our cause and carriage, will presently indict these ordinary remedies of a free Assembly and Parliament, to our just supplications, complaints, and articles, which may be expected, and useth to be granted from so just and gracious a King, towards most loyall and dutifull subjects, calling for redresse of so pressing grievances, and praying heartily that His Majestie may long and prosperously reigne over us.

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WHEREUPON a noble Earle John Earle of Cassles, &c. in name of the Noblemen, M. Alexander Gibson younger of Dury in name of the Barons, James Fletcher Provost of Dundy in name of the Burrowes, M. John Ker Minister at Salt-prestoun in name of the Ministers, and Master Archibald Johnston Reader hereof, in name of all who adheres to the Confession of Faith and Covenant lately renewed within this Kingdome, tooke Instruments in the hands of three Notars present, at the said mercat Crosse of Edinburgh, being invironed with great numbers of the foresaid Noblemen, Barons, Gentlemen, Borrows, Ministers and Commons, before many hundred witnesses, and craved the extract thereof: And in token of their dutifull respect to his Majesty, confidence of the equity of their cause, and innocency of their carriage, and hope of his Majesties gracious acceptance, they offered in all humility, with submisse reverence, a copie thereof to the Herauld.

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1638.—June 29.

48. _Letter from the King to Hamilton._[73]

HAMILTON,

Yours of the 24th (though it be long) requires but a short Answer, it being onely to have leave to come up, which is grounded upon so good reason, that I cannot but grant it. Some Considerations in the mean time I think fit to put to you; first, to take heed how you engage your self in the way of Mediation to me; for though I would not have you refuse to bring up to me any Demand of theirs to gain time, yet I would not have you promise to mediate for any thing that is against my Grounds; for if you do, I must either prejudice my self in the granting, or you in denying: then, I would have you take care, that no more Subscriptions be urged upon any, especially of Council or Session: lastly, that you leave such encouragement to these few, that have not yet forsaken my Cause, that they may be assured (as well as I) that your up-coming is neither to desert them nor it. And thus certainly if (as you write) you get the mutinous Multitude once dispersed, you will have done me very good Service; for I am confident that my Declaration published before your coming away, (according to the Alterations that I have given you leave to make) will give some stop to their Madnesses: however your endeavours have been such, that you shall be welcom to

Your assured constant Friend,
CHARLES R.
Greenwich, 29 June, 1638.

1638.—June 29.

49. _Letter from the Bishop of Ross to Hamilton._[74]

MY LORD, MAY IT PLEASE YOUR GRACE,

We are exceeding sorry to hear that the success of your Lordships Travels in this difficult Business, is otherwayes than good Christians and Subjects do wish, and heartily pray for; but on the other part, are glad to hear from our Friends there, that, whereof we were ever confident, that nothing is omitted by your Lordship to effectuate what is necessary for His Majesties Honour, and expedient for the good and quiet of that poor distracted and distempered Kingdom. For my own part give me leave, without either flattery or presumption, to say ingenuously, that the Course your Lordship keeps, seemeth to be such as all good and wise men must approve your Lordships wisdom and Loyalty. Infallibly the fruit will be, besides the Warrant your Lordship hath in your own Conscience by this Noble and Wise carriage, your Lordship must be more (if any accrewment can be to former Deserts) beloved of your Master: it will indear your Lordship more to all good, wise, and well-affected Patriots, and oblige all, especially honest Church-men, to be your Servants. It cannot seem strange to any wise heart, who looks on the Distemper of that Kingdom, wherein is the concourse of so many different and divers Distempers, where so many of all sorts of different Judgements, and no less variety of Affections, are so strongly engaged, and where many have their own private ends; that the best, wisest, and most powerful Agents, are not able on a sudden to rectifie their Judgements, cure their Affections, and by disappointing the private intentions of some to reduce all to Order, Peace, and Quiet. In any great Work of this strain, we must all rely somewhat more on the wise and gracious Providence of God, than in any other ordinary accidents: He is able to work good out of ill, light out of darkness, and order out of confusion, which I pray God heartily, we may see to His Glory, the Kings Honour, and Peace of the Church and State, without any other effect upon any author or abettor of these Disorders, but of Gods Mercy, and His Majesties Royal Clemency. In this I fear I have exceeded more, possibly, than becomes me with your Grace; but as I humbly beg pardon, so I trust your Lordships Goodness will easily pardon the expressions of a poor Heart surcharged with grief, not so much flowing from, or following the fear of any Personal or Private evil can befall it, as fearing the danger the Publick is in, because of our Sins, which are calling for Vengeance. God of his Mercy give us Repentance, and be merciful to that Church and State.

We can return nothing for your Lordships care and kindness to us but humble and hearty thanks, and earnestly pray God Almighty for all Honour, Wealth, and Happiness to your Lordship here and hence.

As your Lordship hath commanded us we shall go from hence, and where we pitch our abode, with the first opportunity shall acquaint your Lordship. We were advised by our best friends to doe so, before we received your Lordships; but that Obedience we owe, and promised to His Majesty and your Lordship, made us that we would not stir for any Advertisement or Advice, how necessary or affectionate soever, till we had your Lordships Warrant.

All that kind respect which is above our desert and condition, and tender care your Lordship hath expressed to us, for our safety, and that which your Lordship hath superadded out of your noble Bounty, desiring us to be so bold as to shew your Lordship what Money, or any thing else necessary we stand in need of, that your Lordship may supply our necessity in this, hath so perplexed us for a time, that we knew not what to choose; on the one part being ashamed to doe it, both because it seemeth impertinent, and incongruous to trouble one of your Lordships Honour, Place, and Imployment, with matters of this kind, and especially so unreasonably at such a time, when your Lordship is at such charge for the honour of His Majesties Service; as also that we are unprofitable, and cannot be useful to your Lordship in any kind, and so how should we to other troubles we make your Lordship, adde this to be chargeable: yet your Lordships noble and generous offer, and the necessity we are cast into at this present, that what is our own or due to us we cannot command, and know as little who will do us the favour at this time to trust us, hath made us (seeing Obedience is better than Sacrifice) to cast our selves upon your Lordships Bounty and Favour; fearing on the one part your Lordship may be offended if we doe it not, and on the other, that otherwise we cannot be provided: Therefore I humbly intreat your Lordship, to let me have with the Bearer a hundred and fifty Pieces, payable at Whitsunday next with the Interest, or Martinmas, as your Lordship pleases; for which your Lordship shall receive from the Bearer my own personal Bond. Here and at this time I cannot give better Security, but by Gods Grace your Lordship shall be in no danger, come the world as it will.

I have more than need to beg humble pardon for my unmannerly and impertinent importunities, in troubling your Lordship at this time, taken up with weighty Affairs, if it were but to read this long Paper; and that I offend no more in this kind, I shut up all with my hearty Prayers to God Almighty for all Honour and Happiness to your Lordship, and an effectual blessing upon your Travels. So wisheth he who shall be, whilest he lives,

Your Graces most humble and
bounden Servant,
JO. ROSSEN.
Berwick, 29 June, 1638.

* * * * *

1638.—July 2.

50. _Letter from the Privy Council to the King._[75]

Most Sacred Soveraigne,

The Marquesse of Hamiltoun, your Majesties Commissioner, having imparted unto us your Majesties gracious pleasure and allowance that the Judicatories of the Councell, of Session, and others, should be returned to the Citie of Edinburgh; Thereupon, the Lord Commissioner being present, order was given for publication at the Market Crosse of Edinburgh with all solemnities requisite; and that the like publication should be made throughout the whole Kingdome at all publike places: This hath given so great contentment to all your Majesties subjects, that we cannot expresse with what dutifull respect and heartie prayers for your Majestie they have embraced this great and undeserved favour: In consideration whereof wee conceive our selves bound in dutie to acquaint your Majestie herewith; and withall to render to your Majestie most humble and heartie thanks for this so great grace and goodnesse, which wee hope shall contribute to the good of your Majesties service, and to establishing the peace of the Countrie, for the which we all your Majesties good subjects shall ever bee most thankfull, and all in dutie bound to pray for your Majesties long and happy Reigne.

Holy-rood-house July 2. 1638.

Subscribitur

Traquaire
Roxbrugh
Mar
Morton
Winton
Lithgow
Wigtonne
Kingorne
Hadinton
Lauderdaile
Kinoul
Southesk
Lorne
Naper
Dalyell
Ihay
Ja: Carmithaell
Thomas Hop
John Hammilton

* * * * *

1638.—July 3.

51. _Speech by Commissioner to Court of Session._[76]

MY LORDES,

I was varranted from his Maiestie to recall the Session againe to Edinbrughe; the cheiffe thing that moued him therto, was the sense of the maney incommodities wich his subiects in generall, and the Iudges in particular, did susteine by the remoueing of it; that his sacred Maiestie and Master had requyred him to desyre and command the Iudges to grant all reasonable dispatche to Maiesties subiects in the administratione of iustice, that so sometyme wich was lost, might be regained. Lykwayes, my Lordes, I must requyre you to be werey cairfull and circumspecte, that in thesse troubelsome tymes, no order nor decree may passe from you, wich may be præiudiciall to his Maiesties croune or seruice.

* * * * *

1638.—July 5.

52. _Act anent the High Commission._[77]

At Halyrood-house, 5 July 1638.

The Lord Commissioner and Lords of Secret Councell having upon the 4 July instant, published his Majesties Declaration anent the seruice Book, Book of Canons, and High Commission: and being informed that His Majestes Declaration is not so clearly understood as is necessary for removing all scrouples which may arise to any of his Majestyes good subjects anent his Majesties declaration foresaid, declares that it is his Majesties gracious pleasure, likeas his Maᵗⁱᵉˢ Commissioner foresaid, and Lords of Secret Councel, abrogat and dischargis the said Service Book and Book of Canons, and inhibits all use and practice thereof, by whatsoever person or persons, of whatsoever quality, ecclesiastical or civil, within this Kingdom, anent the act of Councel made in the month of __________ 1636, and another made in the month __________ 1637, with the warrants whereupon the same proceeds, and proclamations following thereupon, anent the premises, or any part thereof, with all other warrants and proclamations made thereanent; and declares the same to be now and, in all time coming, null. And as far the High Commission, the Lord Commissioner and Lords of Secret Councel finds themselues warranted to discharge; likeas, by these presents, they do discharge all the practice and exercise whatsomever of the high commission past heretofore: and declares all his Majestie’s Lieges of whatsomever quality, free of all compearance before the Judges of the said high commission, and discharges the saids Judges of all proceeding agᵗ His Maᵗⁱᵉˢ subjects, by virtue thereof in time coming, till his Majesty so rectify the same as nothing therein shall impugn the Laws of this Kingdom, nor be a just grievance to his Majesty’s good subjects; and ordains proclamation to be made hereof at the Mercat Cross of Edinburgh, and other places needful, wherethro’ none pretend ignorance of the same.

* * * * *

1638.—July 13.

53. _Letter from Lord Rothes to Patrick Leslie, Aberdeen._[78]

LOVING COUSIN,

Because your town of Aberdeen is now the only Burgh in Scotland that hath not subscribed the Confession of Faith [Covenant,] and all the good they can obtain thereby is, that if we sail fairly, as there are very good conditions offered, they shall be under perpetual ignominy, and the Doctors that are unsound, punished by the Assembly; and if things go to extremity, because they refuse, and, in hopes of the Marquis Huntly’s help, the King will, perhaps, send in some ship or ships, and men there, as a sure place, and if that be good for the country, judge ye of it. It is but a fighting against the high God to resist this cause, and it is so far advanced already, that, on my honour, we could obtain with consent, 1. Bishops limited by all the strait caveats. 2. To be yearly censurable by Assemblies. 3. Articles of Perth discharged. 4. Entry of Ministers free. 5. Bishops and Doctors censured for bygone usurpation, either in teaching false doctrine, or oppressing their brethren. But God hath a great work to do here, as will be shortly seen, and men be judged by what is past. Do ye all the good ye can in that town, and in the country about—ye will not repent it—and attend my Lord Montrose, who is a noble and true-hearted cavalier. I remit to my brother, Arthur, to tell you how reasonable the Marquis Huntly was, being here away: he was but slighted by the Commissioner, and not of his privy Council. No further. I am your friend and cousin,

ROTHES.

* * * * *

1638.—July 27.

54. _Additional Instructions by the King to Hamilton._[79]

CHARLES R.

You shall try by all means to see if the Council will sign the Confession of Faith, established by Act of Parliament, with the new Bond joined thereto; but you are not publickly to put it to Voting, except you be sure to carry it, and thereafter that probably they will stand to it.

If the Council do sign it, though the Covenanters refuse, you shall proceed to the indicting of a free General Assembly; and though you cannot procure the Council to sign it, yet you are to proceed to the indicting thereof, if you find that no other Course can quiet business at this time.

You shall labour by all fair means that the sitting of the Assembly be not before the first of November, or longer if you can obtain it; for the place, We are pleased to leave it to your election; for the manner of indicting, you must be as cautious as you can, and strive to draw it as near as may be to the former Assemblies in my Fathers time.

You must labour that Bishops may have Votes in Assemblies, which if you cannot obtain, then you are to protest in their Favours in the most formal manner you can think of.

As for the Moderator in the Assembly, you are to labour that he may be a Bishop, which though you cannot obtain, yet you must give way to their Election.

You are to labour, that the Five Articles of Perth be held as indifferent; strive that the admissions of Ministers may continue as they are; you may condescend, that the Oaths of their Admission be no other than is warranted by Act of Parliament.

You are, if you find that it may in any wise conduce to Our Service, to enact and publish the Order made at Holyroodhouse by Our Council the fifth of July last, for discharging the use of the Service-Book, Book of Canons, and the practice of the High Commission.

You are to protest against the abolishing of Bishops, and to give way to as few restrictions of their power as you can; as for the Bishops not being capable of Civil Places, you must labour what you can to keep them free.

You may give way that they shall be accountable to the General Assembly, which you shall indict at the rising of this against that time twelve month.

As for the Bishops Precedence, you are not to admit them of the Assembly to meddle therewith, it being no point of religion, and totally in the Crown.

If the Bishop of St Andrews, or any other, be accused of any crime, you are to give way to it, so they may have a free Trial; and likewise the same of whatsoever person or Officer of State.

It is left to your discretion what course Bishops shall take, that are for the present out of the Country.

You are to advise the Bishops to forbear sitting at the Council, till better and more favourable times for them.

Notwithstanding all these Instructions above-mentioned, or any other accident that may happen (still labouring to keep up Our Honour so far as possibly you can) you are by no means to permit a present Rupture to happen, but to yield anything though unreasonable, rather than now to break.

C. R.
London the 27ᵗʰ July, 1638.

* * * * *

1638.—July 28.

55. _His Majesties Ten Demands._[80]

1. That all Ministers deposed or suspended by the Presbyteries since the first of February last, without warrant of the Ordinarie, shall be restored to their owne places, till such time as they shall be legally convicted.

2. That all Moderators of Presbyteries, deposed since the foresaid day by the Presbyteries, without warrant of the Ordinarie, be restored, and all Moderatours, appointed by the said Presbyteries without warrant foresaid, to desist from executing the office of Moderator.

3. That all Ministers admitted by the Presbyteries since the foresaid day, without warrant from the Ordinarie, shall desist from exercising the function of their ministerie in that place to which they have beene so presented and admitted.

4. That all Parishioners shall frequent their owne Churches, and heare their owne Minister, and that the Elders assist the Minister in the Session, and other exercises of the discipline of the Church, as formerly they were used to do.

5. That all Bishops and Ministers, have their rents and stipends duly and thankfully paid them.

6. That all Ministers bee appointed presently to repaire to their own Churches, that none of them come to the Assemblie, or to the place where the same shall bee held, but such as shall bee chosen Commissioners from the Presbyteries.

7. That according to the Act of Assemblie 1606, Moderators of Presbyteries being found necessarie members of the Assemblie, every one of the said Moderators be appointed to bee Commisioner from that Presbyterie where he is Moderator.

8. That Bishops and other Ministers who shall attend the Assemblie, may be secured in their persons from all trouble and molestation.

9. That the Commissioners from Presbyteries, be chosen by the Ministers of that Presbyterie onely: And that no lay-person whatsoever, meddle in the choice, nor no Minister without his owne Presbyterie.

10. That all Convocations and meetings bee dissolved, and that everie man repaire to his owne house, and that the Countrey not onely be made peaceable, but also that all such Acts be forborne, as may make it appeare to be otherwayes.

And since his Majestie is still displeased with the Covenant, wisdome and our dutifull obedience to our Soveraigne require, that some such course should be taken, whereby his Majestie may receive satisfaction therein; and in the meane time, that there be no pressing, threatning, or perswading of men to subscribe the Covenant, nor no mention be made thereof any more in Pulpits.

* * * * *

1638.—July 28.

56. _Answers to these Articles._[81]

Having seriously considered with our selves, that nothing in this world is so precious, and ought to be so deare unto us as our Religion; that the diseases of the Church after long toleration did threaten no lesse then her utter ruine, and the expiring of the truth of Religion at last; and that a free Generall Assemblie was the ordinarie remedie appointed by divine Authority, and blessed by divine providence in other Churches; and after a speciall manner in the Church of Scotland, wee have often and earnestly supplicated for the same, and have laboured to remove what was objected, or what we could conceive to be any hinderance to the obtaining of our desire, like as we have now for the same good end resolved to returne this answer to the particulars propounded, to be performed by us before any Assemblie be indicted.