Chapter XII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (9)

The particulars propounded, are either concerning matters Ecclesiasticall, or Civill: Ecclesiasticall, or Church matters are, The first, concerning Ministers deposed or suspended by the Presbyteries, since the first of Februarie last, without warrant of the Ordinarie, that they bee restored to their owne places. The second, concerning Moderators of Presbyteries deposed since the foresaid day, to be restored, and all Moderators appointed by the said Presbyteries without warrant aforesaid, to desist from executing the office of Moderator. The third, concerning Ministers admitted since the foresaid day, that they desist from exercising the function of the Ministerie in that place, to which they have beene admitted. These three particulars do concerne the power, dutie, and particular facts, or faults of Presbyteries, wherein we have no power to judge or determine, whether they have proceeded lawfully or not, farre lesse can wee urge or command them to recall what they have determined or done, in the suspending, deposing, or admitting of Ministers, or Moderators; they being properly subject to the superiour Assemblies of the Church; and in this case and condition of the Church, to the Generall Assemblie, where, if they shall not after triall justifie their proceedings, from the good warrants of Scripture, reason, and the acts and practices of the Church, they ought to sustaine their owne deserved censure. And since on the one side, there bee many complaints against the Prelats for their usurpation over Presbyteries in the like particulars; and on the other side, there bee such complaints of the doings and disorders of the Presbyteries to the offence of the Prelats; wee trust that his Majesties Commissioner will not esteeme this to bee any hinderance of the indiction of a Generall Assemblie, but rather a powerfull and principall motive with speed to conveene the same, as the proper Judicatorie wherein to determine such dangerous and universall differences of the Church. Neither do we heare that any Ministers are deposed, but onely suspended during this Interim till a Generall Assemblie, for their erroneous doctrine and flagitious life; So that it were most offensive to God, disgracefull to Religion, and scandalous to the people, to restore them to their places till they bee tried, and censured. And concerning Moderators, none of them (as wee understand) are deposed, but some onely changed, which is verie ordinarie in this Church. The fourth, concerning the repairing of Parishioners to their owne Church, and that Elders assist the Ministers in the discipline of the Church, ought to be cognosced and judged by the particular Presbyteries, to which the Parishioners and Elders are subject, since the cause may be in the Ministers no lesse then in the Parishioners and Elders. And in case they finde no redresse there, to assent till they come to a Generall Assemblie, the want whereof maketh disorders to bee multiplied, both in Presbyteries and particular Parishes.

To the sixth, That Ministers wait upon their owne Churches, and that none of them come to the Assemblie, or place where the same is kept, but such as shall be chosen Commissioners from Presbyteries, we answer, That none are to come to the place of the Assemblie, but such as are either allowed by Commission to have voice, or otherwise have such interesse as they can justifie to his Majesties Commissioner, and the Assemblie conveened.

To the seventh, Concerning the appointment of Moderators of Presbyteries to bee Commissioners to the Generall Assemblie, onely constant Moderators, who have ceased long since, were found in the Assemblie 1606. (which yet was never reputed by the Church to be a lawfull nationall Assemblie) to be necessarie members of the Generall Assemblie. And if both the Moderators, who if they be necessarie members need not to bee chosen, and the chosen Commissioners repaire to the Assemblie, the Assemblie it selfe can judge best of the members whereof it ought to consist.

To the ninth, That no lay-person whatsoever meddle with the choosing of Commissioners from the Presbyteries, and no minister without his owne Presbyterie, we say, That according to the order of our Church discipline, none but Ministers, and Elders of Churches ought to have voice in choosing Commissioners from Presbyteries, and that no Minister, or Elder should have voice in Election, but in his owne Presbyterie.

The rest of the particulars are concerning civill matters: As the fifth concerning the paying of Rents and Stipends to Ministers and Bishops, concerning which we can say no further, but that the lawes are patent for them, as for his Majesties other subjects, and that the General Assemblie ought not to be delaied upon any complaint in that kinde.

The eighth, requiring that Bishops, and Ministers be secured in their persons, we think so reasonable, that wee will promise everie one of us for our own parts, they shall suffer no violence from us, and that we shall hinder others so farre as wee may; And if any trouble them otherwise, or make them any kinde of molestation in that attendance but by order of Law, the parties are justly punishable according to the degree of their fault as other subjects are.

To the tenth, concerning the dissolving of all Convocations and meetings, and the peaceablenesse of the Countrie; These meetings being kept for no other end, but for consulting about lawfull remedies against such pressing grievances as threaten the desolation of this Church and State, cannot be dissolved till the evils be removed. And we trust, that nothing in these our meetings hath escaped us, which carrieth in it the smallest appearance of undutifulnesse, or which may seeme to tend to the breach of the common peace: But although our adversaries have herein calumniated us, yet we have alwayes so behaved our selves, as beseemed his Majesties most humble and loyall subjects, petitioning his Majestie for a legall redresse of our just grievances.

To the last, concerning the Covenant; the Commissioner his Grace having many times and most instantly pressed us with that point, we did first by invincible arguments make manifest, that we could not, without sinning against God, and our owne consciences, and without doing wrong to this Nationall Church, and all posteritie, rescind or alter the same: And thereafter did at large cleare the same of all unlawfull combination against Authoritie, by our last Supplication and Declaration, which his Majesties Commissioner accepted as the most readie and powerfull of all other meanes, which could come within the compasse of our thought to give his Majestie satisfaction, The subscription of this our confession of Faith, and Covenant being an act so evidently tending to the glorie of God, the Kings honour, and happinesse of the Kingdome: And having alreadie proved so comfortable to us in the inward of our hearts, It is our ardent and constant desire, and readie wish, that both his Majestie and all his good subjects may be partakers of the same comfort, Like as we finde our selves bound by conscience, and by the Covenant it selfe, to perswade all his Majesties good subjects to join with us for the good of Religion, his Majesties honour, and the quietnesse of the Kingdome: which being modestly used by us without pressing, or threatening of the meanest, we hope shall never give his Majestie the least cause of discontent.

Seeing therefore, according to our power and interesse, wee are most willing to remove all hinderances, that things may bee carried in a peaceable manner, worthy our Profession, and Covenant, doe aime at nothing but the good of the Kingdome, and preservation of the Church, which by consumption, or combustion, is like to be desperately diseased, except remedy some way be speedily provided; And wee delight to use no other meanes, but such as are legall, and have been ordinarie in this Church, since the Reformation: Wee are confident that without further delay, for preventing of greater evils and miseries then we can expresse our just desires shall be granted. So shall we be encouraged in the peace of our souls, still to pray for his Majestie, all encrease of our true honour and happinesse.

* * * * *

1638.—July 28.

57. _Reply by the Commissioner._[82]

1. If the Lords and the rest will undertake for themselves and the rest, that noe Laicks shall have voyces in choosing the Ministers to bee sent from the severall Presbyteries to the General Assembly, nor none else but the Ministers of the same Presbyterie:

2. If they will undertake that at the Assemblie they shall not goe about to determine of things established by Acts of Parliament, otherwise then by remonstrance or petition to the Parliament, leaving the determining of things Ecclesiasticall to the generall Assembly, and things settled by Act of Parliament, to the Parliament:

Then I will presently indict a Generall Assembly, and promise, upon my Honour, immediately after the Assembly to indict a Parliament, which shall cognosce of all their complaints.

* * * * *

1638.—July 30.

58. _Letter from the King to Privy Council._[83]

CHARLES R.

Right trusty and well-beloved Cousin, Councellour and Commissioner, and Right trusty and well-beloved Cousins and Councellours, and trusty and well-beloved Councellours, We Greet you well.

The great Distractions which have of late arisen both in Kirk and Commonwealth, in that Our Ancient Kingdom of Scotland, have much troubled the minds of many good and loyal Subjects there, and these Distractions have fallen out among them upon Jealousies and Fears of Innovation in Religion, and introducing of Popery; and not without some Fears conceived amongst them, as if We Our Self were that way inclined.

Upon occasion of these Fears they have of late signed a Covenant, or Bond for conserving the Religion established, and the Laws of the Country; but this Bond being not subscribed by Royal leave and Authority (as was that in Our dear Fathers time) must needs be both null in it self, and very prejudicial to the ancient and laudable Government of both Kirk and Commonwealth: which though We must declare unto you, yet out of Our inborn Love to that Our Native Country, and Loyal Subjects there, and for the obviating of these causeless Fears, and to satisfie your selves and all Our loving People, We do hereby under Our hand let you know that We are, and have ever been satisfied fully in Our Judgement and Conscience, both for the Reformed Religion and against the Roman; and that by Gods Grace and Goodness, We purpose both to live and die in the belief and practice of the Religion now established, and to preserve it in full strength, according to the Laws of that Our Kingdom: and to the end that this may appear to Posterity, how firm and settled We are in that Our Religion, We require you Our Commissioner and Council to see these Letters registred according to course.

Given at Our Court at Oatlands, July 30. 1638.

* * * * *

1638.—July 30.

59. _Declaration by the King._[84]

CHARLES R.

The great Distractions which of late have risen both in Kirk and Commonwealth, in this Our ancient Kingdom, have so troubled the minds of many of Our good and loyal Subjects there, that they have been possessed with Fears as if Popery had been intended to have been introduced, and as if We Our Self were that way inclined: upon occasion of which Fears a Covenant or Bond of late hath been drawn up, intended by the Subscribers (as doth appear by their Supplication, presented to Our Commissioner the 26th of June last) for conserving the Religion and Laws of the Country; but it not being done by Royal leave and Authority, as was that in Our dear Fathers time, must be both null and void of it self, and much prejudicial to the ancient and laudable Government of Kirk and Commonwealth: Therefore We for obviating those Fears, which have been misconceived, both against Our Person and Profession, for matters of Religion, and to satisfie not our loving Subjects only, but all the Christian World, that We do, and (by Gods Grace) ever will maintain the true Christian and Reformed Religion, established in this our Kingdom, and to let the World see, that this shall be done in and with all freedom according to the Laws of Our Country, have signed the Confession of Faith, established by Act of Parliament An. 1557, with this Bond following, in defence of it, and Royal Authority, Laws, and Liberties of the Country; and do also require the present Subscription of this Confession and Bond by all Our loving Subjects, that it may remain in force to Posterity, that they may know how careful We are, and have been to preserve the integrity of Religion, and the freedom of Our Laws.

* * * * *

1638.—August 13.

60. _Declaration by Hamilton to the Privy Council._[85]

MY LORDS,

I thought it fit to acquaint your Lordships before I returned His Majesties Answer to the Noblemen, and others petitioning for the same, which is so full of Grace and Goodness, that we have all cause to bless God, and thank His Majesty for it: such is his tender care of this poor distracted Kingdom, that he will leave nothing undone, that can be expected from a Just Prince, to save us from Ruine; and since he finds such Distraction in the Church and State, that they cannot be well settled without a Parliament and Assembly, the state of the Country and business being prepared for it, he hath given me Warrant for calling of both, that they may be orderly held, as formerly they have been, according to the Laws and Customs of the Kingdom.

And further I am to declare to your Lordships, that this we are to attribute only to His Goodness, for we cannot but acknowledge, that our carriage hath been such, as justly we might have expected that he would have taken another course with us: which he was Royally and really prepared for, (had not His Mercy prevailed above His just Indignation) and by a powerful and forcible way have taught us Obedience, which he hath forborn to make use of merely out of His Grace and Goodness. It is our duty to let His Subjects know, how great our obligation is to Him, which every one of us in particular, and all of us in general, should strive to make every one sensible of; and labour, so far as lieth in our power, to procure satisfaction to His Majesty, and quiet to this distracted Church and State.

* * * * *

1638.—August 25.

61. _Articles of Advice, by Hamilton and other Peers, to the King._[86]

Since the cause and occasion of all the Distractions, which of late have happened both in Kirk and Polity, seems to proceed from the conceived Fears of Innovation of Religion and Laws, and that the Service-Book, Book of Canons, and the unbounded power of Bishops in the High Commission (never yet warranted by Law) was that which first gave ground and occasion to the Subjects Fears, and seeing the said Books are offered to be proved, to be full of Tenets and Doctrines contrary to the Reformed Religion, professed and established within this Kingdom, and the same introduced against all form and custom practised in this Church; it were an Act of Justice well beseeming so Gracious and Glorious a King, absolutely and fully to discharge the same.

And seeing likewise this High Commission hath given so great offence to so many of your Majesties good Subjects, and as is constantly affirmed, is of so vast and illimited a power, and contrary to express Laws, by which all such Judicatories, not established by Act of Parliament, are declared to be of no force; it would much conduce to the satisfaction of this People, if this Judicatory were discharged till the same were established by Law.

The practice of the Five Articles of Perth hath been withstood by the most considerable part of the Subjects of all qualities, both Laity and Clergy, whereby great Divisions have been in this Church, and are like to have an increase, if Your Majesty, (in Your accustomed goodness and care of this poor Kirk and Kingdom) shall not be graciously pleased to allow that the pressing of these Articles may be forborn until the same may be considered of in an Assembly and Parliament; and although we conceive Episcopacy to be a Church-Government most agreeable with Monarchy, yet the illimited power which the Lords of the Clergy of this Kingdom have of late assumed to themselves, in admitting and deposing of Ministers, and in divers others of their Acts and Proceedings, gives us just ground humbly to beg, that Your Majesty may be pleased to remit to the Consideration of the Assembly this their unwarranted Power.

The sense and apprehension of these foresaid Evils, hath stirred up the Subjects without warrant of Authority, to join in a Bond and Covenant to withstand the foresaid Innovations, and for maintainance of the true Religion, the Kings Majesties Person, and of one another in the defence thereof.

If your Majesty might be graciously pleased in supplement hereof, to allow or warrant such a Confession of Faith, with such a Covenant or Bond joyned thereto, as that signed by Your Majesties Father, and by His Command, by the Council and most part of the Kingdom, we are very confident the same would be a ready and forcible mean to quiet the present Disorders, at least to satisfie most part; and if Your Majesty shall condescend to the foresaid Propositions, we are hopeful, if not confident, it shall give so great content to so considerable a number of Your Majesties good Subjects, of all qualities, that if any shall stand out, or withstand Your Majesties Royal Pleasure, after the publication thereof, they may be overtaken by Your Majesties Power within this Kingdom, without the help or assistance of any Force elsewhere.

And because it is to be hoped, that all that hath past in this business, and all the Courses that have been taken herein by the Subjects, hath proceeded from the foresaid Fears of Innovations, and not out of any Disloyalty or dissatisfaction to Soveraignty, and that Your good People may still taste the fruits of Your Grace and Goodness, we wish Your Majesty may be graciously pleased, upon the Word of a King, to pardon what is past, and never so much as to take notice of any of the Actions or Proceedings of what person soever, who after this shall carry himself as becomes a dutiful Subject, and in testification thereof shall give his best assistance for settling the present Disorders.

And if Your Majesty may be pleased to condescend hereto, we conceive all Your Majesties Subjects, Petitioners or Covenanters, should acquiesce, and rest heartily satisfied therewith; and if any shall be so foolish or mad, as notwithstanding this Your Majesties grace and goodness, still to disturb the Peace of Your Majesties Government, we in testification of our hearty thankfulness to our Soveraign, by these, humbly and heartily make offer of our Lives and Fortunes, for assisting Your Majesty, or Your Commissioner, in suppressing all such Insolences or insolent persons.

Signed
Hamilton.
Roxburgh.
Traquair.
Southesk.

* * * * *

1638.—September 9.

62. _New Instructions by the King to Hamilton._[87]

CHARLES R.

I. You shall in full and ample manner, by Proclamation or otherwise, as you shall see cause, declare, That We do absolutely revoke the Service-Book, the Book of Canons, and the High Commission.

II. You shall likewise discharge the practice of the Five Articles of Perth, notwithstanding the Act of Parliament, which doth command the same, and in the said Proclamation you shall promise, in Our Name, that if in the first Parliament to be held the three Estates shall think fit to repeal the said Act, We shall then give Our Royal Assent to the said Act of Repeal.

III. You shall likewise declare, that We have enjoyned, and authorized the Lords of Our Privy Council to subscribe the Confession of Faith, and Bond thereto annexed, which was subscribed by Our dear Father, and enjoyned by His Authority in the year 1580. and likewise have enjoyned them to take order, that all our Subjects subscribe the same.

IV. You shall likewise declare, that Our meaning and pleasure is, that none of Our Subjects, whether Ecclesiastical or Civil, shall be exempted from censures and trial of the Parliament, or General Assembly, those Courts proceeding against them in due form and order of law.

V. You shall likewise declare, That we are Graciously content, that the Episcopal Government, already established, shall be limited with such Instructions, as may stand with the Laws of this Church and Kingdom already established.

VI. You shall offer a Pardon by Proclamation, and promise in it a Ratification of the same in Parliament, to all Our good Subjects, who shall rest satisfied with this Our gracious Declaration, and hereafter carry themselves as becomes peaceable and dutiful Subjects.

VII. You shall procure an Act of Council, wherein every Councellour shall declare himself fully satisfied with this our Declaration, and (if you can) they shall moreover solemnly swear and protest to adhere to Us, and with their Lives, Fortunes, and whole Means, assist Us in the punishing and repressing all such as shall be found to be disobedient to Us, or persist in turbulent and unpeaceable Courses; and if any of Our Councellours shall refuse so to doe, you shall presently remove him from the place of a Councellour.

VIII. You shall likewise require every Lord of the Session to subscribe the Confession of Faith abovementioned, and the Bond thereunto annexed; as likewise to make the same Protestation in all things, as in the last Instruction is required of a Councellour: and if they shall refuse to doe it, you shall then certifie to Us the names of such Refusers.

IX. You shall likewise declare, that Our Pleasure is, That a most solemn Fast be indicted upon a set day throughout the whole Kingdom, which shall precede the General Assembly in some competent time. The Causes shall be declared, to beg Gods blessing on that Assembly, to beg of God a peaceable end to the Distractions of this Church and Kingdom, with the aversion of Gods heavy judgement from both. The form of Indiction we desire to be according to the most laudable Custom of this Church in most extraordinary cases.

X. You shall labour as much as in you lieth, that both the Electors, and Persons elected to be Commissioners at the General Assembly, shall be the same that were wont to be in My Fathers time, and the same forms to be observed as near as may be: but yet if that cannot be obtained, it shall be no lett to you from indicting a General Assembly; but you shall go on in it, by all such means, as you shall find to be most advantageous to Me in that Service.

XI. The time and place of the Assembly, (Edinburgh only excepted) We leave to your Judgment and Pleasure.

XII. You shall likewise presently indict a Parliament; the time and place We leave likewise to you.

XIII. Whether you shall first publish Our Gracious Offers, or first indict the Assembly, We leave it to your own Judgment as you shall see cause.

XIV. If you shall find the most considerable part of the Council not to acquiesce in this Our Gracious Declaration, and not to promise hearty and chearful Assistance to Us, as is above expressed, or not a considerable part of other Lords and Gentlemen, in case Our Council refuse, then you shall neither indict Parliament nor Assembly, nor publish any of My Gracious Offers, except only the abolishing of the Service-Book, Book of Canons and High Commission; but leave them to themselves, and to such further Order as We shall be forced to take with them; only if you foresee a Breach, you shall give timely warning thereof, to such as have stood well-affected to Our Service, that so they may in due time provide for their safety, and your self is to return to Us with expedition.

XV. You must by all means possible you can think of be infusing into the Ministers, what a wrong it will be unto them, and what an oppression upon the freedom of their Judgements, if there must be such a number of Laicks to overbear them, both in their Elections for the General Assembly and afterwards.

XVI. Likewise you must infuse into the Lay-Lords and Gentlemen with art and industry, how manifestly they will suffer, if they let the Presbyters get head upon them.

XVII. For the Forms of these We leave to you, and such Learned Council as you shall use upon the place, always provided, that you retain the substance of these Our Instructions.

XVIII. You shall enjoyn in Our Name the Lords of Council, and all other Our good Subjects to subscribe the Confession of Faith signed by Our dear Father; and publish Our charge to all Commissioners and Ministers for that end, according to the same, signed with Our Royal Hand; and further proceed in that particular, according as We have directed you, and Our Council by Our Letter to that effect.

CHARLES R.
Oatlands the 9ᵗʰ
of Septemb. 1638.

* * * * *

1638.—September 9.

63.—_Instructions as to the Bishops._[88]

CHARLES R.

You shall shew My Lord of St Andrews, that We intend by being content with his demission of the Chancellours Place no injury to him, and most willing We are, that in the manner of doing it he may receive no prejudice in his reputation, though we cannot admit at this time of his nominating a Successor; and to make it more plain, that We are far from having any thought to affront him, by thinking of his demission, We will in no ways that you urge him to do it; yet you are to intimate that in Our opinion a fair demission will prove more to the advancement of Our Service, and be better for him, than if he should retain the Place.

If you find him willing to demit, you shall then try what consideration he doth expect from Us, and if the same be not altogether unreasonable, you shall promise it in Our Name.

If a demission, then it is presently to be done.

If he resolve to hold that Place, then you must presently command his repair to Scotland, all excuses set apart.

You shall communicate to him and the rest of his Brethren, that far of Our Intentions, that it is probable you may indict a General Assembly.

That We are content absolutely to discharge the Books of Service, and Canons, and the High Commission.

You shall shew that the Five Articles of Perth We are pleased be esteemed as indifferent, and that though We maintain Episcopacy, yet We will be content that their Power be limited according to the Laws.

And it is Our further Pleasure, that if an Assembly be indicted, he and the rest of his Brethren be there, to defend themselves and their Cause: and for that end, that he and they repair to Newcastle, Morpeth, or Berwick, there to attend your further advertisement, that so immediately they may repair to Scotland, not only to answer for themselves at the said Assembly, but likewise to consult with you, what will be fittest to be done, for the advancement of Our Service that evil may be kept off, so much as in you and them lieth, both from Kirk and Commonwealth.

C. R.
Oatlands the 9ᵗʰ September, 1638.

* * * * *

1638.—September 9.

64. _Proclamation._[89]

Charles, by the grace of God, King of Scotland, England, France, and Ireland, defender of the faith. To our Lovits ______________________________________ ____________________________________________________ Messengers, Our Sheriffs, in that part conjunctly and severally specially constitute, greeting. Forsomuch as the cause and occasion of all the distractions which have happened of late both in Church and Common-weale of this Our Kingdome, have proceeded from the conceived fears of innovation of Religion and Lawes: To free all our good Subjects of the least suspition of any intention in Us to innovate any thing, either in Religion or Laws; and to satisfie, not only their desires, but even their doubts: We have discharged, and by these presents do discharge the Service book, book of Canons, and high Commission, and the practice of them, or any of them; and by these presents annuls and rescinds all acts of Councell, Proclamations, and other acts and deeds whatsoever that have been made or published, for establishing them, or any of them: and declares the same to be null, and to have no force nor effect in time coming. And being informed, that the urging of the practice of the five Articles of Pearth Assembly, hath bred great distraction and division in the Church and State, We have been graciously pleased to take the same into Our consideration; and for the quiet and peace of Church and State, do not only dispense with the practice of the saids Articles, but also discharge, like as by these presents Wee discharge all and whatsoever persons from urging the practice thereof, upon either laicke or ecclesiasticall person whatsoever. And We doe hereby free all Our Subjects from all censure and pain, whether ecclesiasticall or secular, for not urging, practising, or obeying the same, notwithstanding of any thing contained in the acts of Parliament, or generall Assembly to the contrarie. And because it hath been, to the disgrace of government, disperst and surmized throughout this Our Kingdome, that some of Our Subjects have exercised such illimited and unwarranted power, and have held themselves eximed from censure and punishment, to which others Our Subjects are lyable: We do by these presents declare, that if any of Our Subjects, whether ecclesiasticall or civill, of whatsoever qualitie, title, or degree, have, or shall at any time presume to do any such act, or assume to themselves any such exemption or power, That they shall, like as by these presents We make and ordain them to be lyable to the tryall and censure of Parliament, generall Assembly, or any other judicatories competent, according to the nature and qualitie of the offence. And for the free entrie of Ministers, that no other oath be administrate unto them, than that which is contained in the act of Parliament. And to give Our Subjects full assurance, that we never intend to admit of any change or alteration in the true Religion already established and professed in this Our Kingdome, And that all Our good people may be fully and clearly satisfied of the realitie of Our intentions towards the maintenance of the truth, and integrity of the said Religion: Wee have thought fit and expedient to enjoyn and authorize, like as We by these presents do require and command all the Lords of Our privie Councell, Senatours of the Colledge of Justice, Judges, and Magistrates to burgh and land, and all Our other Subjects whatsoever, to subscribe and renew the Confession of Faith, subscribed at first by Our dear Father and his houshold, in the yeare of God, 1580. Thereafter by persons of all ranks, in the year 1581. by ordinance of the Lords of secret Councell, and acts of the generall Assembly. Subscribed again by all sorts of persons in the year, 1590. by a new ordinance of Councell at the desire of the generall Assembly, with their generall band of maintenance of the true Religion, and the Kings person. And for that effect we do require the Lords of Councell to take such course, anent the foresaid confession and generall band, that it may be subscribed and renewed throughout the whole kingdome, with all possible diligence. And because we will not leave in Our Subjects mindes the least scruple or doubt of our royall intentions and reall resolutions, Wee have given warrant to Our Commissioner to indict a free generall Assembly to be holden at Glasgow the twentie one day of November, in this present year, 1638. And thereafter a Parliament to be holden at Edinburgh the fifteenth day of May, Anno 1639. for setting a perfect peace in the Church, and Common-weale of this Kingdome. And because it is likely that the disorders and distractions which have happened of late, have been occasioned through the conceived fears of innovation of religion and laws, and not out of any disloyalty or disaffection to Soveraignty: We are graciously pleased absolutely to forget what is past, and freely to forgive all by-gones to all such as shall acquiesce to this Our gracious pleasure, and carry themselves peaceably as loyall and dutifull Subjects, and shall ratifie and approve the same in Our next ensuing Parliament. And that this Assembly may have the better successe, and more happy conclusion, Our will is that there be a solemne fast proclaimed and kept by all Our good Subjects of this kingdome, a fourteen daies before the beginning of the said Assembly: the causes thereof to be a begging a blessing from God upon that Assembly, and a peaceable end to the distractions of this church and kingdome, with the aversion of Gods heavie judgement from both. And our pleasure is that this fast be kept in the most solemne manner as hath been in this Church at any time heretofore upon the most extraordinary occasion.

OUR WILL is herefore, and we charge you straitly and command, that incontinent these our letters seen, ye passe, and make publication hereof by open proclamation at the market crosses of the head burrows of this kingdome, where-through none pretend ignorance of the same.

Giuen at our court of Oatlands, the ninth day of
September, 1638.

_Per Regem._

* * * * *

1638.

65. _A Direction by Covenanters for Presbyteries._[90]

1. That every Presbyterie have a copie of the Act made at Dundie the seventh of March 1597. concerning the number of Commissioners; the tenour whereof followeth:—

Because there hath beene no order hitherto anent the number of Commissioners to be directed from everie Presbyterie to the Generall Assemblie, therefore it is statuted and ordained, that in all time comming three of the wisest and gravest of the Brethren shall be directed from everie Presbyterie at the most, as Commissioners to everie Assemblie and that none presume to come without Commission: And likewise, that one bee directed from everie Presbyterie in name of the Barons, and one out of everie Burgh, except Edinburgh, which shall have power to direct two Commissioners to the Generall Assemblie.

2. That everie Presbyterie have a copie of the Commission, to be given to the Commissioners; the tenour thereof followes.

T. T. ____ the ____ day of ____ The which day after calling upon the name of God, We the members of the Presbyterie of ____ having diligently considered the manifold corruptions, innovations, and disorders, disturbing our peace, and tending to the overthrow of our Religion, and Liberties of the reformed Church within this Realme; which hath come to passe, especially through the want of the necessarie remedie of Generall Assemblies, as well ordinarie as _pro re nata_, injoyned by this Church for many yeares, and ratified by Act of Parliament, And now expecting shortly by the mercie of God the benefit of a free Generall Assemblie, do by these presents nominate and appoint ____ Minister of ____ as also ____ in name of the Burrowes, conjunctly and severally our lawfull Commissioners, giving and granting unto them our full power, Commission, and expresse charge, to repaire to the said Assemblie at the day and place, when and where it shall happen to sit, in any safe and commodious place within this Kingdome, and there with the rest who shall be authorised with lawfull Commission, in our name to propone, treat, reason, vote, and conclude, according to the word of God, and confession of faith approved by sundrie Generall Assemblies, and received throughout the whole Kingdome in all Ecclesiasticall matters, competent to a free Generall Assemblie, and tending to the advancement of the Kingdome of Christ, and the good of Religion, as they will answer to God, and his Church thereupon, and to report to us their diligence therein. In testification of this our Commission and charge, we have subscribed these presents with our hands, and which they have accepted with the lifting up of their hands.

3. That everie Church Session send one of the most qualified Elders unto the Presbyterie the day of chusing Commissioners to the Generall Assemblie: That by common consent of the Ministers and those Elders present in the Presbyterie, there may bee chosen both the Commissioners for the Ministers, and also some well affected and qualified Nobleman, or speciall Gentleman, being an Elder of some particular Church Session within that Presbyterie, in name of the Barons: For this is the constitution of the Presbyteries, (otherwise called Elderships) appointed by the Church in the books of discipline, Acts of the Generall Assemblie, practised for many yeares after the reformation, and ratified in the Parliament, the twelfth of King James the 6. and never since altered nor rescinded; neither can be with reason altered, seeing that same is the constitution of the supreme and Generall Assemblies, and of the inferiour and Church Sessions, as is at more length cleared by some reasons.

4. That such as are erroneous in doctrine, or scandalous in life, be presently processed, that they be not chosen Commissioners; and if they shall happen to be chosen by the greater part, that all the best affected, both Ministers and Elders, protest and come to the Assemblie to testifie the same.

5. To send to everie Presbyterie a copie of the printed reasons for an Assemblie.

6. That Moderators by vertue of their office bee not Commissioners to the Assemblie, except they be chosen.

7. That the Presbyteries in one of the ordinarie meetings, appoint to conveene solemnely after the twentieth of September, either upon the 21. 22. 23. 24. or 25. for chusing of their Commissioners to the Assemblie, and for to send them hither to Edinburgh before the first of October, or so soone as they can, that with common consent, they may receive the Kings last answer, and advise upon the next lawfull remedies, in their extreme necessities of Church and State.

That in the Fast to be observed on the sixteenth day of September, the second day preceding their election, they may crave God’s direction therein.

* * * * *

1638.—September 22.

66. _Letter from the King to Hamilton._[91]

HAMILTON,

If I should be too long silent, I seem to contradict that Rule which myself prescribed; therefore, though for the present I can say nothing of the main business, yet this must go if it were but to acknowledged the receipt of your two—viz., of the 12ᵗʰ of September from Ferribridge, and of the 17ᵗʰ of the same from Holyrood-house. So referring you to the Comptroller for what concerns the Ordnance that is to be transported to Hull, I rest

Your assured constant Friend,
CHARLES R.

Hampton-Court,
22 Sept. 1638.

* * * * *

1638.—September 22.

67, 68.—_Proclamations._[92]

At Holy-rood-house the 22. day of September 1638. Forsomuch as it hath pleased the Kings Majestie, out of his pious and religious disposition to the true Religion, and out of his fatherly care, for removing of all feares, doubts, and scruples, which may arise in the mindes of his subjects, for preservation of the puritie thereof, and upon divers great and weightie considerations, importing the glory of God, the peace of the Kirke and Common-weale of this kingdome, to appoint and give order, that a free generall Assembly be indicted, kept, and holden at the Citie of Glasgow the 21. of November next. Therefore the Lords of secret Councell ordaines letters to be direct, charging Maissars, and Officers of Armes, to passe and make publication hereof by open Proclamation at the Market Crosse of Edinburgh, and the head Burrowes of this Kingdome, and other places needfull. And to warne all and sundry Archbishops, Bishops, Commissioners of Kirkes, and others having place and vote in the Assembly, to repaire and addresse to the said Citie of Glasgow the said one and twentieth day of November next to come, and to attend the said Assembly induring the time thereof, and aye and while the same be dissolved, and to doe and performe all which to their charges in such cases appertaineth, as they will answer to the contrarie at their highest perill.

At Holy-rood-house the 22. day of September 1638.

Forsomuch as it hath pleased his Majestie, out of his pious and religious disposition to the true Religion, and out of his fatherly care for removing of all feares, doubts, and scruples which may arise in the mindes of his subjects, for preservation of the puritie thereof, and upon divers other great and weighty causes, importing the glory of God, the peace of the Kirke and Common-weale of this Kingdome, to appoint and give order, that the Soveraigne and High Court of Parliament shall be holden at the Citie of Edinburgh upon the 15. day of May next to come, with continuation of dayes: Therefore the Lords of secret Councell ordain letters to be direct to Maissars and officers of Arms, charging them to passe to the market Crosse of Edinburgh, and other places needfull, and there by open Proclamation to make publication of the holding of the said Parliament, and to warne all and sundry Noblemen, Prelates, and Commissioners for the Barons and Burrowes, and all others having voice and place in the said Parliament, that they and every one of them, in their most decent and comely manner, make their addresse to the said Parliament, attend and await thereat during the time thereof, and to discharge that duty which is incumbent to them, and each one of them, as they will answer on the contrary at their perill.

* * * * *

1638.—September 22.

69. _Letter from the King to the Privy Council._[93]

Apud Holy-rood-house Septemb. 22. 1638.

The which day James Marquesse of Hamiltoun His Majesties Commissioner, produced and exhibited before the Lords of Privie Councell, the two Missive underwritten, signed by the Kings Maiestie, and directed to the said Lords, which being read, heard and considered by the said Lords, They have ordained, and ordaines the name to be inserted and registred in the books of secret Councell, therein to remaine _ad futuram rei memoriam_, whereof the tenour followeth.

CHARLES R.

Right trusty, &c. being certainly informed that the distractions which have happened of late, (both in Church and Commonwealth) in this Our ancient Kingdome of Scotland, have much troubled the minds of many of Our good and loyall subiects; and that these distractions have beene occasioned upon jealousies and feares of innovation of Religion and Lawes, as tending to the introduction of Poperie, and not without some suspition as if Wee Our selfe were inclined that way; Upon occasion whereof, many of Our subjects have of late subscribed a band or Covenant for preserving the true Religion and Lawes already established, and for defending the Kings person, and each others, in defence thereof: But the same not being warranted by Royall authority (as that which was in Our deare Fathers time) must needs of it selfe be ineffectuall, and much prejudiciall to the ancient Forme and Custome of government kept within that Our Kingdome of Scotland: Wherefore Wee, out of Our inborne love to Our said native Countrie, and for obviating these conceived feares, and satisfying of you and all Our loving people, have thought good to ordaine the Confession of Faith, and band subjoyned thereto, of the date at Edinburgh, Januarie 28. 1580. and signed by Our Royall Father to bee renewed: And to that effect have given Order to Our Commissioner, with advice of Our Councell, to set downe and settle some solid course, whereby the same may be subscribed by Our Councell, Judges, Magistrates of Burroughes, and all other Our people of that Kingdome. And for further clearing of Our selfe, Wee declare, That as We are and ever have beene satisfied in Our judgment and conscience for the reformed Religion now established, and against the Roman: so Wee purpose, by Gods grace, both to live and die in the practice thereof, and to preserve and maintaine the same in full strength and integritie, according to the Lawes of that Our ancient Kingdome. What We have thought further fitting to be done at this time, concerning the particulars contayned in Our subjects petitions; you shall receive Our full pleasure therein from Our Commissioner. And that this Our Declaration concerning Our selfe, and Our pious intention, for settling the Reformed Religion within that Our Kingdome may appeare to posteritie. Our pleasure is, that these presents be registred in the Books of Councell.

Oatlands, Septem. 9. 1638.

1638.—September 22.

70. _Act of Council._[94]

The Lords of secret Councell having read and maturely considered his Majesties letters, and particular declaration of his pleasure anent the annulling of the Service Book, book of canons, and high Commission, discharging the pressing of the practice of the five Articles, making all persons Ecclesiastick and Civill, of what title or degree soever, lyable to the triall and censure of Parliament, general Assembly, & other judicatories competent, anent the not administrating to ministers at their entry any other oath than that which is contained in the act of Parliament anent the subscribing and renewing the confession of faith, subscribed by his Majesties Father of blessed memory, and his houshold, in Anno 1580. and band following thereupon, anent the indiction of a generall Assembly, to be holden at Glasgow the 21. day of November 1638, and Parliament at Edinburgh the 15 of May, 1639. and anent his gracious goodnesse in forgetting and forgiving all by-gones, and indiction of a fast for craving of God’s blessing to this Assembly; finde themselves so fully satisfied therewith, and the same to be so satisfactorie for removing all the fears of the subjects anent innovation of religion or laws, that we hold our selves bound in dutie, not only to acquiesse therewith, as the best mean to secure both religion and laws, but also to use our best endeavours, that all his Majesties good subjects may likewise rest satisfied therewith. And that they with us, and we with them, may testifie our thankfulnesse for so great a grace and goodnesse with all the hearty expressions of dutifulnesse and loyalty, and that our true sense hereof may the more clearly appear to our Sacred Soveraigne; We do by these humbly and heartily make offer of our lives and fortunes in the defending and assisting of his Majesties sacred person and authority; in the maintenance of the foresaid religion and confession, and repressing of all such as shall hereafter presse to disturbe the peace of this Kirk and Kingdome.

In witnesse whereof we have heartily and freely subscribed these presents with our hands. At Halyrude-house the 22 day of September. 1638.

_Sic Subscribitur._

HAMMILTOUN.

Traquaire, Roxburgh, Mairsheall, Mar, Murray, Linlithgow, Perth,
Wigtoun, Kingorne, Tullibardin, Hadington, Annandail, Lauderdail,
Kinnoul, Dumfreis, Southesk, Belheaven, Angus, Lorne, Elphinstoun,
Naper, Dalyell, Amont, J. Hay, S. Thomas Hope, S. W. Elphinstoun, Ja.
Carmichael, J. Hammiltoun, Blackhall.

1638.—September 22.

71. _The Protestation of the Noblemen, Barons, Gentlemen, Burrowes, Ministers, and Commons, the 22. September 1638_ [after the reading of the Proclamation dated September 9.][95]

Wee Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Commons, his Majesties true and loyall subjects, That whereas our continuall supplications, complaints, articles, and informations, presented, first, to the Lords of his Majesties Privie Councell; next, to his sacred Majestie, and last, from time to time to his Majesties Commissioner, our long attendance and great patience this twelvemonth bygone, in waiting for satisfaction of our most just desires, our zeale to remove all rubs out of the way, which were either mentioned unto us, or could be conceived by us, as hinderances of our pious intentions, aiming at nothing but the good of the Kingdome, and preservation of the Kirk, which by consumption or combustion is likely to expire; delighting to use no other meanes but such as are legall, and have beene ordinarie in this Kirk since the reformation, and labouring according to our power and interesse, that all things might be carried in a peaceable manner, worthy of our Profession and Covenant, our Protestation containing a hearty thanksgiving for what his Majesty in his Proclamation from his justice had granted of our just desires, and our Protests and hopes for so much as was not as yet granted: All these made us confidently to expect from his Majesties royall and compassioned disposition towards this his native Kingdome, that a free Generall Assembly and Parliament should have beene indicted, as the ordinary and most proper remedies of our grievances, and did constraine us to renew our petition, earnestly intreating that his Majesties Commissioner would be pleased to represent unto his Majesty the condition of this Kirk and Kingdome, crying in an extreme exigencie for present help, with the lawfulnesse of the remedies prescribed by his Majesties Lawes, required by us, and presented to him in some particular Articles, which his Grace promised to recommend to his Majestie, and to doe his best endeavours for obtaining the same; especially the first Article, that there might be indicted a full and free Generall Assembly, without prelimitation, either in the constitution and members thereof, in the order and manner of proceeding, or in the matters to be treated: And if there should be any question or doubt about one of these, or such like particulars, that the determination thereof might be remitted to the Assembly it selfe, as the only proper and competent Judge. And now, after so many supplications, complaints, articles, and informations; after our necessary protestation, expressing the humble thankfulnesse and continued desires of our hearts; after so long expectation, and so much dealing, having with open eares and attentive minds, heard his Majesties Proclamation, It is our desire, purpose, and endeavour so to proceed, that we may upon the one part still be thankfull to God and the King for the least blinke of his Majesties countenance, and the smallest crums of comfort that fall unto us from his Majesties Royall hands; beseeching the Lord yet farther to inlarge his Majesties heart, for our full satisfaction and rejoicing, to the honour of God, the good of this Kirk and Kingdome, and his Majesties never dying fame and glory; that his wise government and zeale to the service of God may be a measure and patterne of desires to all generations hereafter, when they shall be wishing for a religious and righteous King: And on the other part, that Christ our Lord, the King of kings, through our neglect or luke-warmnesse may want no part of his Soveraignty and Dominion, and that in our Religion, which is more dear unto us then our lives, we deceive not our selves with that which cannot satisfie and make up the breach of this Kirke and Kingdome, or remove our feares, doubts, and suspicions of the innovations of Religion: This hath made us to observe and perceive, that his Majesties Proclamation doth ascribe all the late distractions of this Kirke and Common-wealth to our conceived feares of the innovation of Religion and Law, as the cause and occasion thereof, and not to the innovations themselves, with which we have beene for a long time, and especially of late, heavily pressed and grieved; as if the cause were rather in apprehension and fancie, then in reality and substance. That the Service book and booke of Canons are not so far discharged by this Proclamation, as they have beene urged by preceding Proclamations; for this Proclamation onely dischargeth the practice of them, and rescinds the Acts made for establishing their Practice, but doth not rescind the former Proclamations, namely, that of the 19 of February at Stirling, and that of the fourth of July at Edinburgh, which give an high approbation to these Books, as fit meanes to maintaine Religion, and to beat down all superstition; and withall declares his Majesties purpose, to bring them into this Kirk in a faire and legall way: And thus both our feares that they may be introduced hereafter, must still remaine; and the libertie of the Generall Assembly by such a Declaration of his Majesties judgement, is not a little prejudged in the minds of so many as wisely consider and compare the preceding Proclamations with this which we now heare, although others who looking upon one step and not upon the whole progresse, run on rashly, and neither considering what they are doing, nor with whom they are dealing, may be easily deceived _Qui pauca videt, citò judicat_, a short sight maketh a sudden judgement.