Chapter XVI: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (13)

And to give all His Majesties good People good assurance that he never intended to admit any Alteration or Change in the true Religion professed within this Kingdom, and that they may be truly and fully satisfied of the Reality of His Intentions towards the maintainance of the Truth and Integrity of the same, His Majesty hath been pleased to require and command all His good Subjects to subscribe the Confession of Faith, subscribed by His dear Father in Anno 1580. and for that effect hath ordained the Lords of His Privy Council to take some speedy course whereby the same may be done through the whole Kingdom; which His Majesty requires likewise all those of this present Assembly to sign, and all others His Subjects, who have not done it already: and it is His Majesties Will, that this be inserted and registred in the Books of this Assembly, as a Testimony to Posterity, not onely of the sincerity of His Intentions to the said true Religion, but also of His Resolution to maintain and defend the same and His Subjects in the professing thereof.

C. R.

1638.—November 21.

94. _List of Members of the General Assembly at Glasgow, which met this day._[117]

* * * * *

_Commissioner for the Kings Majestie_,

JAMES MARQUES OF HAMILTOUN.

_Commissioners from the Presbyteries of Scotland, both of the Ministrie, and of the ruling Elders, and of Burgesses, as they are within the Presbyteries._

_Presbyterie of Dunce._

Maister Alexander Carse minister at Polwart.
M. Iohn Hume Min. at Eccles.
M. Thomas Suintoun min, at Saint Bathanes.
Sir David Hume of Wederburne Knight, Elder.

_Presb. of Chirnside._

M. George Roul minister at Mordingtoun.
M. Thomas Ramsay min. at Foldoun.
M. Walter Swintoun min. at Swintoun.
Iames Earle of Home, Elder.

_Presb. of Kelso._

M. Richard Sympson min. at Sproustoun.
M. William Penman min. at Morbattle.
Andrew Ker of Lintoun, Elder.

_Presb. of Iedburgh._

M. Robert Brounley min. at Kirktoun.
M. Iames Wilkie minister at Creling.
M. Robert Cunninghame min. at Hawick.
Sir William Dowglas of Cavers, Elder.
Robert Simpson, burgesse of Iedburgh.

_Presb. of Erstiltoun._

M. Iohn Matland min. at Glenkirk.
M. Harie Cockburne min. at Gingilkirk.
Iohn Lord Cranstoun, Elder.
M. Alexander Hume, bailie, burgesse of Lawder.

_Presb. of Melrosse or Selkirke._

M. William Iameson min. at Langnewtoun.
M. Robert Martin min. at the new kirk of Ettrick.
M. Iohn Knox min. at Bowdoun.
Sir Iohn Ker of Cavers, Elder.

_Presb. of Dumbar._

M. Patrick Hammiltoun min. at Innerweek.
M. Iohn Lawder min. at Tuninghame.
M. Iohn Dalyel min. at Prestoun Kirk.
Sir Patrick Hepburn of Waghtoun Knight, Elder.
George Purves, burgesse of Dumbarre.
M. Patrick Hume, burgesse of North-berwick.

_Presb. of Hadingtoun._

M. Iohn Ker minister at Salt-prestoun.
M. Iames Fleeming minister at Bathans.
M. Iohn Oswald minister at Pencaitland.
Iohn Lord Hay of Yester, Elder.
M. George Gray, common clerk, burgesse of Hadingtoun.

_Presb. of Dalkeith._

M. Iames Porteous minister at Lesswade.
M. Iames Robertson minister at Cranstoun.
M. Olivhar Colt minister at Inneresk.
William Earle of Louthian, Elder.

_Presb. of Edinburgh._

M. Andrew Ramsay minister in Edinburgh.
M. Harie Rollock minister in Edinburgh.
M. William Colvin minister at Cramond.
Iohn Lord of Balmerino, Elder.
Iames Cochran, Dean of Guild in Edinburgh.
Thomas Paterson, burgesse of Edinburgh.
M. Iohn Adamson, Principall of the University of Edinburgh.

_Presb. of Linlithgow._

M. Richard Dickson minister at Kinneill.
M. Andrew Keir minister at Carriden.
M. Iames Symson minister at Bathgate.
George Dundas of that ilk, Elder.
Iames Glen, Provest of Linlithgow.

_Presb. of Sterling._

M. Iames Edmistoun minister at Saint Ninians.
M. William Iustice minister at Gargunnock.
M. Edward Wright minister at Clackmannan.
Sir William Murray of Toughadame, Elder.
Thomas Bruce, Provest of Sterling.

_Presb. of Peebles._

M. Iohn Bennet minister at Kirkurde.
M. Robert Levingstoun min. at Skirling.
M. Hew Ker minister at Traquare.
Iames Williamson, Provest of Peebles.

_Presb. of Middlebie._

M. Simeon Iohnstoun minister at Annan.
M. Iohn Hammiltoun minister at Wasterkirk.
Iames Lord Iohnstoun, Elder.

_Presb. of Lochmaban._

M. Robert Henderson minister at Lochmaban.
M. David Roger minister at Tundergarth.
Iames Dowglasse of Moussewald, Elder.

_Presb. of Penpont._

M. George Cleland minister at Durisdier.
M. Samuell Austine minister at Penpont.
William Ferguson of Craigdarroch, Elder.

_Presb. of Dumfreis._

M. Iames Hammiltoun minister at Dumfreis.
M. William Makjore minister at Carlaverock.
M. Alexander Tran minister at Lochroytoun.
Iohn Charteris younger of Amesfield, Elder.
Iohn Irving, late Provest of Dumfreis.

_Presb. of Kirkcubright._

M. Samuell Rutherford minister at Anweth.
M. William Dalglish minister at Kirkmabreck.
M. Iohn Makleland minister at Kirkcubright.
Alexander Gordoun of Earlstoun, Elder.
William Glendinning, Provest of Kirkcubright.
Robert Gordoun of Knokbrex, burgesse of New-Galloway.

_Presb. of Wigtoun._

M. Andrew Anderson minister at Kirkinner. M. Andrew Lawder minister at Whithorne. Andrew Agnew of Lochnaw, Elder. Alexander Makghie, burgesse of Wigtoun.

_Presb. of Stranrawer._

M. Iohn Levingstoun minister at Stranrawer.
M. Iames Blair minister at Portmontgomerie.
M. Alexander Turnbull minister at Kirmaden.
Robert Adair of Kinhilt, Elder.
Iames Glover, Clerk of Stranrawer.

_Presb. of Air._

M. Iames Bonar minister at Mayboll.
M. Iohn Fergushill minister at Vchiltrie.
M. Robert Blair minister at Air.
Iohn Earle of Cassils, Elder.
Iohn Stewart, late Provest of Air.

_Presb. of Irwing._

M. David Dickson minister at Irwing.
M. William Russell minister at Kilbirnle.
M. Robert Baillie minister at Kilwinning.
Iohn Lord Lowdoun, Elder.
M. Robert Barclay, Provest of Irwing.
Mathew Spense, the Provest of Rothesay.

_Presb. of Argyle._

M. Donald Makilvorie min. at Inveraray.
M. Nicol Makcalman min. at Kilmun.
M. Iames Campbell minister at Kilfinnan.
Archibald Campbell of Kilmun, Elder.

_Presb. of Dumbartane._

M. David Elphinstoun min. at Dumbartane.
M. Robert Watson minister at Cardrosse.
M. Iohn Stirling minister at Badernock.
Walter Makalley of Ardincapill, Elder.
Iohn Sempill, Provost of Dumbartane.

_Presb. of Paslay._

M. William Brisbane minister at Erskine.
M. Iohn Hammiltoun minist. at Innerkip.
M. Matthew Brisbane minister at Killellan.
Iohn Brisban of Bishoptoun, Elder.
Iohn Spreull, burgesse of Ranfrew.

_Presb. of Glasgow._

M. Iohn Bell elder minister at Glasgow.
M. Zacharie Boyd minister at the Barrony Kirk thereof.
M. Iames Sharpe minister at Goven.
The Earle of Eglingtoun, Elder.
Patrick Bell, Provest of Glasgow.
David Spense, Clerk of Rutherglane.

_Presb. of Hammiltoun._

M. Patrick Hammiltoun minister at Cambuslang.
M. Iames Iohnstoun minister at Stenhouse.
M. Iohn Heriot minister at Blantyre.
William Bailzie of Carphin, Elder.

_Presb. of Lanerk._

M. William Livingstoun minister at Lanerk.
M. Alexander Somervell minister at Daulfingtoun.
M. Richard Ingles minister at Westoun.
Sir William Bailzie of Lamingtoun, Elder.
Gideon Iack, Bailie of Lanerk.

_Presb. of S. Andrews._

M. Alexander Henderson minister at Luchers. M. Andrew Auchinleck minister at Largo. M. Iames Bruce minister at Kingsbarnes. Iohn Lord Sinclar, Elder. Iames Sword, burgesse of Saint Andrews. Ninian Hamiltoun, burgesse of Caraill. Thomas Symson, Town-Clerk of Kilrinnie. William Hamiltoun, burgesse of Anstruther-easter. Iohn Tullous, Clerk of Anstruther-wester. Iames Airth, Clerk of Pittenweeme.

_Presb. of Couper._

M. David Dalgleish minister at Cowper.
M. Iohn Moncreiffe minister at Collessie.
M. Walter Buchannan minister at Seres.
Iohn Lord Lindsay, Elder.
George Iameson, merchand, burgesse of Cowper.

_Presb. of Kirkaldie._

M. Robert Dowglasse minister at Kirkaldie.
M. Frederik Carmichaell minister at Kennoway.
M. Robert Cranstoun minister at Scoonie.
Iohn Earle of Rothes, Elder.
Iohn Williamson, burgesse of Kirkaldie.
David Symson of Monturpie, burgesse of Dysart.
M. Robert Cunyghame, burgesse of Kinghorne.
George Gairdine, burgesse of Bruntiland.

_Presb. of Dumfermline._

M. Iohn Row min. at Carnok.
M. Iohn Duncan minister at Culrosse.
M. Iames Sibbald minister at Torrie.
Robert Lord Burley, Elder.
Iames Reid, Provest of Dumfermline.
Gilbert Gourley, Bailie of Culrosse.
Iohn Bardie, Burgesse of Innerkethin.

_Presb. of Dumblane._

M. Harie Livingstoun minister at Kipping.
M. Andrew Rind minister at Tullicutrie.
M. William Edmistoun minister at Kilmadock.
Sir George Stirling of Keir, Knight, Elder.

_Presb. of Auchterardour._

M. George Mushet minister at Doning.
M. Iames Row minister at Muthill.
M. Iohn Grahame minister at Auchterardour.
Iames Earle of Montrose, Elder.

_Presb. of Perth._

M. Robert Murray minister at Methven.
M. Iohn Robertson minister at Perth.
M. Alexander Petrie minister at Rind.
Iohn Earle of Weemes, Elder.
Thomas Durhame, Dean of Guild in Perth.

_Presb. of Dunkeld._

M. William Menyies min. at Kennture.
M. Iohn Anderson minister at Cargill.
Mungo Campbell, fiar of Lawers, Elder.

_Presb. of Meggill._

M. George Symmer minister of Meggill.
M. George Halyburtoun minister at Glenylla.
Iames Lord Cowper, Elder.

_Presb. of Dundie._

M. Andrew Wood minister at Monyfooth.
M. Iohn Robertson minister at Achterhouse.
David Grahame of Fentrie, Elder.
Iames Fletcher, prov. of Dundie.

_Presb. of Forfar._

M. Iohn Lindesay minister at Aberlemno.
M. Silvester Lammy minister at Glames.
M. Alexander Kynninmont minister at Kirimure.
Iames Lyon of Aldbarre, Elder.
David Hunter, Provest of Forfar.
Iohn Grahame, Bailie of Montrose.
Robert Demster, Bailie of Brechen.

_Presb. of Merns._

M. Iames Sibbald minister at Benholme.
M. Andrew Mill minister at Fetteresso.
M. Alexander Symson minister at Conveth.
Sir Gilbert Ramsay of Balmain, Elder.

_Presb. of Aberdene._

M. David Lyndesay minister at Balhelvie.
M. William Guild minister at Aberdene.
Iames Skien of that ilk, Elder.
M. Iohn Lundie Humanist for the Univer. of Aberd.

_Presb. of Deir._

M. Andrew Cant minister at Pitsligo.
M. Iames Martine minister at Peterhead.
M. Alexander Martine minister at Deir.
Alexander Fraser of Fillorth, Elder.

_Presb. of Alfurd._

M. Iohn Young min. at Keig.
M. Iohn Ridfurd minister at Kinbettock.
M. Andrew Strachan minister at Tillineshill.
M. Michaell Elphinstoun of Balabeg, Elder.

_Presb. of Turreffe._

M. Thomas Michell minister at Turreffe.
M. William Dowglasse minister at Forg.
M. Geo. Sharpe min. at Fyvie.
Walter Barclay of Towie, Elder.

_Presb. of Kinkairne._

M. Alexander Robertson minister at Clunie.

_Presb. of Garioch._

M. William Wedderburn minister at Bathelnie.
Andrew Baird, burges of Bamfe.

_Presb. of Forresse._

M. William Falconer minister at Dyke.
M. Iohn Hay min. at Raffert.
M. David Dumbar minister at Edinkaylly.
William Rosse of Clova, Elder.
M. Iohn Dumbar, Bailie of Forresse.

_Presb. of Innernesse._

M. Iohn Howisoun minister at Wartlaw.
M. Patrick Dumbar minister at Durris.
Iames Fraser of Bray, Elder.
Robert Bailie, Bailie of Innernesse.

_Presb. of Tain._

M. Gilbert Murray minister at Tain.
M. William Mackeinyie minister at Tarbet.
M. Hector Monro minister in nether Taine.
Sir Iohn Mackenzie of Tarbet, Elder.
M. Thomas Mackoulloch, Bailie of Taine.

_Presb. of Dingwall._

M. David Monro minister at Kiltairne.
M. Murdoch Mackeinyie minister at Containe.
Iohn Monro of Lumlair, Elder.

_Presb. of Dornoch in Sutherland._

M. Alexander Monro minister at Golspie.
M. William Gray min. at Clyne.
George Gordon, brother to the Earle of Sutherland, Elder.

_Presb. of Thurso in Caithnes._

M. George Lesly minister at Bower.
M. Iohn Smairt.
Iohn Murray of Pennyland, Elder.

_Presb. of Kirkwal in Orkney._

M. David Watson minister at the Kirk of the Yle of Wastrey.
M. Walter Stewart minister at the Kirk of Suthronaldsay.

NOTE.—Since the first Part of this publication appeared, the second centenary of the Assembly 1638 has been celebrated at Glasgow and Edinburgh, (on 20th December 1838,) as well as in other considerable towns of Scotland; and this commemoration has been conducted with a degree of eclat unexampled perhaps within the memory of man, in reference to any ecclesiastical concerns. We are not called on to make any remarks as to the appropriateness and sound discrimination displayed in all these demonstrations; but we gladly avail ourselves of the present opportunity of enriching these pages with an extract from a speech made by the Rev. Dr. Lee, of Edinburgh, at Glasgow, on the occasion alluded to. We place it here in juxtaposition with the authentic list of the members of Assembly of 1638, because it affords the best illustration we could give of the composition of that Assembly, and is a satisfactory refutation of certain ignorant or malignant representations on the subject; and we are proud thus to record our respect for that excellent and accomplished gentleman, whose store of information, with regard to the history and constitution of the Church of Scotland, exceeds, we believe, that of any other individual, both for fulness and exactness:—

“If your time had permitted, I might have endeavoured to shew in what manner and degree the Assembly 1638, and those which followed after, as well as some which had preceded it half a century, contributed to the establishment of the highest and finest University education. Among the other great objects in which that Assembly so happily and successfully engaged, none was nearer their hearts, or better accomplished. It was their aim to establish all the Universities, Colleges, and Schools in a state of high efficiency; and, with this view, they reclaimed for the Church the power of visitation formerly exercised, that the religious character and consistent practice of all Principals, Regents, and Professors might be satisfactorily ascertained, as well as their aptitude for their stations; and that whatever was deficient might be supplied, and whatever was disordered or corrupt might be rectified.

“For this difficult undertaking, the members of that Assembly were generally qualified in no ordinary degree. It has, indeed, been alleged that a large proportion of the elders consisted of illiterate men. I have seen it asserted in several books of late, even in some written by Presbyterians, that many of those in that Assembly, who judged of the gravest questions concerning theological learning and soundness in the faith, could neither read nor write. There is no authority for this insinuation, except the random assertion of Bishop Burnet—supposed sometimes to have been a contemporary, though he was not born for five years afterwards—the value of whose testimony on this matter may easily be estimated by any one who observes what he has confidently, though most ignorantly and erroneously, stated, with respect to Ruling Elders—that the mixture of that class with the Ministers in Church Courts was then quite a new thing; for, though such officers had formerly been allowed to interfere in parochial discipline, ‘yet they never came to their Assemblies till the year 1638.’ So far is this from being true, that, from the very first, Elders had convened in great numbers with the Ministers at the General Assemblies—there was even a preponderance of them in the earliest of all the Assemblies, in 1560—insomuch that, long before Burnet wrote, or even was born, several Bishops of Scotland, such as Adamson and Maxwell, had published complaints against decisions of the Assembly, on the ground that they had been carried by the votes of Lay Elders, as they called them. If the Elders were unable to read or write, so much the less credit is due to the system of education which had prevailed nearly forty years before 1638, under auspices not Presbyterian; and so much the greater credit should be given to the Presbyterians for the improvements by means of which, as Burnet frankly confesses, they brought the people generally to a most surprising measure of knowledge, particularly on theological points, and to a corresponding measure of practical piety.

“But I think it of some consequence to vindicate the claims of the Assembly 1638 to the character of a learned Assembly. Well, then, what is the fact? It is ascertained that in that Assembly there were 140 Ministers; 2 Professors, not being ministers; and 98 Ruling Elders from Presbyteries and Burghs. Of these Ruling Elders, 17 were Noblemen of high rank; 9 were Knights; 25 were landed Proprietors, or lesser Barons, of such station as entitled them to sit in Parliament; and 47 were Burgesses, generally holding the principal offices of authority in their respective towns—men who were capable of representing their communities in the Parliament. There was not a peasant, as has been insinuated, or even a farmer or yeoman, in the number. About the least considerable persons present were, Mr Alex. Hume, bailie of Lawder, and Mr Patrick Hume, burgess of North Berwick. Both of these, as well as many others of the members from the burghs, were masters of arts, having had a complete university education, and having obtained their degrees after regular examination. From what I know of the personal history of many of these men, and from documents which I have seen and now possess, I could undertake to prove that not one was illiterate. About twenty years ago, I acquired most of the original commissions of the members of the Assembly 1638. These documents are subscribed generally by the whole constituents of the Commissioners—namely, by Ministers, by Elders, by Magistrates, and Councillors. The signatures are, for the most part, in a superior style of penmanship; and it is not credible that such men would elect persons to represent them who were less educated than themselves. Moreover, the signatures of the Elders who sate in the Assembly might have been known by Bishop Burnet to be appended to the National Covenant—that great bond by which the people of this land engaged to maintain the true principles of the Reformation, as founded in the Word of God. Many of these documents, studded with innumerable subscriptions, are still extant.

“But how did this Assembly, and those which followed, fulfil their purposes with respect to the Universities? They not only appointed visitations, but they prevailed on the Government greatly to enlarge the provision for the maintenance of the Universities, so that they were enabled to increase the number of Professors, and to augment their incomes; thus making it practicable to admit the youth to the benefit of their instructions on the easiest terms. They did not despise or discourage the most elegant accomplishments. On the contrary, the Assembly of 1645, following out the views of preceding assemblies, deplored the great decay of poesy, and the ignorance of prosody, and ordained that, in the trial of Schoolmasters, for burghs or other considerable parishes, none should be admitted but such as after examination should be found skilful in the Latin tongue, not only for prose, but also for verse; and the same Assembly introduced other regulations for advancing the study, not only of Greek, but of all the branches of Philosophy. But the chief recommendation of the system, then prescribed and practised, was, that the nurture and admonition of academical youth was sanctified by the Word of God, and by prayer. The study of the Scriptures was a college exercise. The young were trained to habits of devotion. The catechisms, and other manuals of religious instruction, were translated into Latin, and carefully taught; and, by such provisions as these, the influence of piety was diffused over the paths of solid learning.”

1638.—November 22.

95. _Letter from the Bishop of Ross to Hamilton._

MY LORD, MAY IT PLEASE YOUR GRACE,

This Worthy Gentleman hath desired my Judgment concerning three things: first, concerning the production of a Letter from His Majesty to the Assembly, directed to the Archbishops, Bishops, and Ministers, whether or not this can be produced, and any Note made upon it, before there be a Moderator condescended upon. My humble Opinion is, (which I humbly submit to your Graces better Judgment) that the Letter be presented, given by your Grace to the Clerk, and read by him. Here it is most like your Grace will be pressed, that the Letter is directed to an Assembly that cannot be without a Moderator, and yet on purpose to get a Moderator by Election, and an Assembly established; to which in my Judgment it may be replied, that it may be that the King’s Letter containeth something to that purpose, which, therefore, is to be read, and noted by the Clerk as produced onely. The second is concerning the examination of the Commissions and Commissioners: My Lord, it is certain that both are most illegal, and there is more than sufficient ground from this one (if there were no more) to void this Assembly and make it null. But how to begin at this I see not so well, for if the Commissions and Commissioners be rejected, then how shall the King’s Real and Royal Intentions be manifest to the subjects, which is most necessary, that the Factious may not have advantage to possess good and loyal Subjects, that His Majesty is onely deluding them for other ends. On the other part, if your Grace approve the Commissions and Commissioners, how far King and Church shall suffer, your Grace is wiser to conceive than I am able to express. The third is concerning the Declinator, when it shall be proposed or presented to your Grace; My Lords of Glasgow and Brechin are fully of that mind, that at the very first it is to be used before the Assembly be established: their Reasons seem very pregnant, first, because all Declinators are used so; next, if the Assembly be once established, how can it be declined, or your Grace admit our Declinator or Protestation?

My Lord, seeing two things are mainly to be looked to, the one that His Majesties Pious Intentions be made known to this present Meeting; the other, that the Church suffer no prejudice; my humble Opinion is, that first the King’s Letter (as I have said) be read, and marked _Produced_; next immediately after, our Declinator produced, and presented to your Grace, read in audience of all, Instruments taken in the Clerk-Registers hands, and it marked by the Clerk _Produced_. Then your Grace may, by your own Wisdom, conceive a brief Speech, excusing your self that you are not so well acquainted with the Formalities and Legalities of Church-meetings; yet that seeing in such Distractions and Combustions all things cannot be done in that orderly way is requisite, and that your Grace does know how that, with a most earnest and Fatherly Care, His Majesty endeavours the binding up of this breach, and the restoring of Church and State to Quiet and Peace, and that your Grace, for that Duty you owe to your Master, and Love you have to your Native Country, will leave nothing undone that is in your power, and incumbent to a Faithful Servant and kind Patriot, and therefore will adventure to chuse rather to erre in formal Errours: than to leave so material and necessary a Work at such an exigent of time; and so seeing there is no Archbishop nor Bishop present, your Grace by connivence will permit them (for how your Grace can allow it I see not) to chuse a Moderator, and will not fall upon that shelve or rock of Examination of Commissions or Commissioners; being confident that if matters go on in a moderate way, what shall be agreed upon shall be liked by all, even those that are taken to be their Party; and what is amiss in Formality and Legality, if no errour be in the matter of the Conclusions, may most easily and speedily be helped. After the Moderator is condescended upon, the first thing your Grace would urge is the Registrating the Kings Letter in the Books of the Assembly, then the Registrating of our Declinator. After this your Grace will be careful, that nothing be proposed till what is in His Majesties Declaration be enacted, and if (this being done) they fall upon any extravagancy, your Grace then may by advice of the Council declare, that seeing they will not hold Moderation, your Grace and the Council must examine their Commissions and Commissioners, (to which before you gave connivence) and discuss the relevancy of our Declinator.

This Course keeped, in my poor Judgement, will fully manifest to all His Majesties pious Intentions, evidence your Graces sincere affection to Religion and the Kingdom, preserve our Right, make them unexcusable, let the People see how unreasonable and immoderate they are, and give to your Grace a fair way and ground, to discontinue and discharge the Meeting under pain of Treason. This my weak and poor opinion I have made bold to declare to your Grace, not out of any confidence in my self, but necessitated because of that Obedience I owe your Grace, and true affection to the Peace of Church and State, which with myself, and all my endeavours, I humbly prostrate to you, and submit to your Grace’s better Judgement.

I humbly beg of your Grace to let me know by this Gentleman, what shall be done with our Declinator, and let him come and speak with my Lords of Glasgow, Brechin, and me, that we may be acquainted by him of your Graces commands. God in his mercy bless you in this difficult Work.

Your Grace’s most humble
and bounden Servant,
JO. ROSSEN.[118]

Castle of Glasgow,
22ᵗʰ Nov. 1638.
at 7 a clock in the
morning.

* * * * *

1638.—November 27.

96. _Letter from Hamilton to the King._[119]

MOST SACRED SOVEREIGN,

When I consider the many, great, and most extraordinary favours, which your Majesty hath been pleased to confer upon me; if you were not my Sovereign, gratitude would oblige me to labour faithfully, and that to the uttermost of my power, to manifest my thankfulness. Yet so unfortunate have I been in this unlucky country, that though I did prefer your service before all worldly considerations, nay, even strained my conscience in some points, by subscribing the negative confession; yet all hath been to small purpose; for I have missed my end, in not being able to make your Majesty so considerable a party as will be able to curb the insolency of this rebellious nation, without assistance from England, and greater charge to your Majesty, than this miserable country is worth. As I shall answer to God at the last day, I have done my best, though the success has proven so bad, as I think myself of all men living, most miserable, in finding that I have been so useless a servant to him, to whom I owe so much. And seeing this may perhaps be the last letter that ever I shall have the happiness to write to your Majesty, I shall therefore in it discharge my duty so far, as freely to express my thoughts in such things as I do conceive concerneth your service. And because I will be sure that it should not miscarry, I have sent it by this faithful servant of your Majesty’s whom I have found to be so trusty, as he may be employed by you, even to go against his nearest friends and dearest kindred.

Upon the whole matter, your Majesty has been grossly abused by my Lords of the clergy, by bringing in those things in this church, not in the ordinary and legal way. For the truth is, this action of theirs is not justifiable by the laws of this kingdom; their pride was great, but their folly greater; for if they had gone right about this work, nothing was more easy, than to have effected what was aimed at. As for the persons of the men, it will prove of small use to have them characterized out by me, their condition being such, as they cannot be too much pitied; yet, lest I should lay upon them a heavier imputation, by saying nothing, than I intend, therefore I shall crave leave to say this much. It will be found that some of them have not been of the best lives, as St Andrews, Brechin, Argyle, Aberdeen; too many of them inclined to simony; yet, for my Lord of Ross,[120] the most hated of all, and generally by all, there are few personal faults laid to his charge, more than ambition, which I cannot account a fault, so it be in lawful things. But, Sir, to leave them, and come to those whom I conceive it is more necessary you should know, your officers and counsellors, of whom I shall write without spleen or favour, as I shall answer to him at the last day, to whom I must give an account (I know not how soon) of all my actions.

Your Treasurer,[121] his ambition has been great, and his labouring popularity has certainly prejudiced your service. Nothing could gain him that name sooner, than by opposing the clergy; and the differences betwixt them hath marred all; to which those of the Council did not only hold hand to, but encouraged him to it, as much as in them lay; and here again, I say, they gave too just reason to meet with opposition. He is a most active man, and hath many excellent parts. What his bypast carriage hath been, is as well, if not better known to your Majesty than me; but he doth now labour certainly what lieth in him, to advance your Majesty’s ends; and hath oft solemnly sworn to me, that in defence of episcopal government he will spend his life and fortune. For those particulars wherewith he hath been taxed, as being guilty of abusing your Majesty, in the execution of his place, as Treasurer, he will, in my opinion, justify himself. Howsoever (considering these present times) you must make use of him, and your Majesty should be wary of giving him discontent.

As for my Lord Privy Seal,[122] I shall not need to say much of him, he being so well known to your father (of blessed memory) whose judicious character of him to yourself, is so true, as I shall neither add nor pare. He hath likewise declared himself to me for episcopal government; but I like not his limitations; yet you must make use of him, for he is a powerful man in this country.

The Marquis of Huntley is unknown to me, more than in general; but much misliked is he here (yet not the worse for that) traduced not only to be popishly inclined, but even a direct Roman Catholic; nay, they spare not to tax him with personal faults. But howsoever, this I am sure of, since my coming here, he hath proved a faithful servant to you; and I am confident will be of greater use, when your Majesty shall take arms in your hand.

The Earl of Argyle is the only man now called up as a true patriot, a loyal subject, a faithful counsellor, and above all, rightly set for the preservation of the purity of religion. And truly, Sir, he takes it upon him. He must be well looked to; for it fears me, he will prove the dangerousest man in this State. He is so far from favouring episcopal government, that with all his soul he wishes it totally abolished. What course to advise you to take with him, for the present, I cannot say; but remit it to your Majesty’s serious consideration. The information which you have had from Antrim, the most part of it I take to be true.

Perth hath been taxed to be a Roman Catholic; but I find him none. A loyal heart he hath, but no great politician, nor of much power out of the Highlands, and should be encouraged, because he may contribute to the curbing of Argyle.

Tullibardin, I take him to be honest; your Majesty knoweth his abilities. He is a true hater of Argyle.

Wigton, thanks be to God, hath no great power, for if he had it, it would be employed the wrong way. Sorry I am for it, his ancestors have been so dear friends to mine.

Kinghorn, I am grieved for his weakness. A good man he is, but totally misled by his brother Albar, who will succeed in his place, he having no children. Too near of kindred he is to me.

Haddington has too much the humour of these times; but he hath oft sworn to me, he will never ask what your quarrel is; yet few of his friends I fear will go along with him in it, in defence of episcopacy.

As for Lauderdale, he is a man of no great power; but he is truly honest, and most rightly set in all that concerneth your service.

Southesk hath, beyond all expectation, shewn himself forwardly stout in all that hath concerned your service, ever since my coming first to this country. He is a man of great power, rich, and was extremely beloved; but now as much hated. He doth deserve your Majesty’s favour, on my word; and, if not for one consideration, none were fitter to be Chancellor, which I shall advise your Majesty not to dispose of till these troubles be past.

Kinnoul, for his part, hath shewn himself both true and forward in all your service; in whom your Majesty may have confidence, according to his power.

Finlater, according to his power, hath done his part, as I hear by the Marquis of Huntley.

Linlithgow, if his power were according to his affection, he would be useful to you.

I must not forget Dalzell, who both is of power to serve you, and has most faithfully done it.

As for the rest of the Council, they are either of no power to serve you in this time, or totally set the covenanters way. For brevity I pass them by, and have sent a list of the whole Counsellors names.

If the Justice Clerk[123] were not so near me as he is, I would say more of him than now I will; yet pardon me for saying, an honester soul lives not.

The Advocate[124] should be removed, for he is ill disposed. I know none so fit for his place as Sir Lewis Stewart. My Lord Treasurer’s friend he is; Sir Thomas Nicolson being no ways to be trusted in what may concern the affairs of the church.

Now, for the Covenanters, I shall only say this in general, they may all be placed in one roll as they now stand. But certainly, Sir, those that have both broached the business, and still hold it aloft, are Rothes, Balmerino, Lindsay, Lothian, Loudoun, Yester, Cranstoun. There are many others as forward in show; amongst whom none more vainly foolish than Montrose. But the above mentioned are the main contrivers.

The gentry, boroughs, and ministers have their ringleaders too. It will be too long to set down all their names. Those who I conceive to be most inclined, the Clerk Register (who is a faithful servant to the Crown) if I miscarry, will give you information of them; yet, I fear him, poor man, more than myself. But they are obvious and known to all.

This is all that I will say concerning the persons of the men in this kingdom; wishing, Sir, with my heart, those whom I misdoubt, I may be deceived by their future carriage, and that their loyalty may appear, which will blot out of your Majesty’s memory what my duty and fidelity to you has caused me to write thus of them.

It is more than probable, that these people have somewhat else in their thoughts than religion. But that must serve for a cloak to rebellion, wherein for a time they may prevail; but, to make them miserable, and bring them again to a dutiful obedience, I am confident your Majesty will not find it a work of long time, nor of great difficulty, as they have foolishly fancied to themselves. The way to effect which, in my opinion, is briefly thus.

Their greatest strength consists in the boroughs: and their being is by trade; whereof, a few ships of your Majesty’s, well disposed, will easily bar them. Their chiefest trade is in the eastern Seas and to Holland, with coal and salt, and importing of victual, and other commodities from thence; whereof if they be but one year stopped, an age cannot recover them; yet so blinded they are, that this they will not see. This alone, without farther charge to your Majesty, your frontiers being well guarded, will work your end. This care should be taken, that when particular boroughs can be made sensible of their past errours, and willing to return to their allegiance, they be not only then not barred from trade, but received into your Majesty’s favour and protection.

In my opinion, your ships would be best ordered thus, eight or ten to lie in the Firth. There should be some three or four plying to and again betwixt the Firth and Aberdeen, so long as the season of the year will permit them to keep the seas; and when they are not longer able, they may retire into the Firth; in which there are several places in which they may ride in all weathers.

Those ships that lie in the Irish seas, will be sufficient to bar all trade from the west of Scotland. The fittingest places are between Arran and the coast of Galloway. When the weather is foul, there is an excellent road in Galloway called Lochyen; and another in Arran called Lamlash, or the Holy Island; where they may ride in safety. This is all I shall say concerning the barring them of trade.

This will certainly so irritate them, as all those who within this country stand for your Majesty, will be in great and imminent danger. The best way, that for the present I can think on to secure them, and to make some head for your Majesty, is, to appoint the Marquis of Huntley in the north, your Majesty’s Lieutenant; with full power to him to raise such and so many men, as he shall think convenient for the defence of the country. By this means, there being a head, those that are in the north will know to whom to repair; and there is no doubt but in those parts they will do well enough.

For those that are besouth the river Forth, I apprehend their danger most; and I would advise that there were lieutenants likewise appointed, to whom they might repair. Necessity will force your Majesty upon one of two, either Traquair or Roxburgh; or, indeed, both, for they may both have commissions. They may be well furnished with arms, and other things necessary, from England, by land, both their fortunes being near adjacent to Northumberland; and though I fear they will not be able to make a body of an army, yet necessary it is that lieutenants should be, and I know none so fit as these in those parts; for I will never think they have traiterous hearts.

Certainly necessary it is for the government of this kingdom, that a commissioner or deputy should be in it. For experience hath taught me, that your Majesty will never be well served by your council, unless there be some one or other amongst them on whom the chief care must lie. If your Majesty do not first settle the country, and reclaim it, whosoever you shall employ, will never be able to do any thing. Therefore that should be done, before any new commission be given; and even then, where you will find a man, I cannot possibly say, unless your Majesty send the Duke of Lenox. As for the Marquis of Huntley, certainly he may be trusted by you; but whether fitly or no, I cannot say. If I keep my life (though next Hell I hate this place), if you think me worthy of employment, I shall not weary till the government be again set right; and then I will forswear this country.

As for your Majesty’s castle of Edinburgh, it was a most shameful thing it should have been so neglected. I cannot promise that it shall be defended, yet I hope they shall not take it, but by an hostile act. Some few men I have stolen in, but as yet cannot get one musket put there, nor one yard of match. I have trusted, for a time, the same man that was in it, and perhaps your Majesty will think this strange that I have done so; yet necessity forced me to it. For thither Ruthven would not go, without arms and ammunition; and indeed he is not to be blamed therefore; but, Sir, I have that in working, that, if I can accomplish, may for a time secure that place. And for my trusting that man, I can only say this, that if he deceive me, we were in no worse condition than when it was in Lord Marr’s hands; safe only, for the giving him 2000l. which, if lost by the default of him whom I have trusted, your Majesty shall not be burthened by the payment of this money, for I deserve to lose it for my confidence. He is no Covenanter, and hath solemnly sworn to me, to lose his life before he quit it.

As for Dunbritton, the way is easy to put as many men there as you please, with victual and ammunition; from Ireland they must come, and at the castle they must land; 100 men will be sufficient, provided with ammunition and victual for three months; and the sooner this be done the better.

Thus, Sir, your Majesty hath the humble opinion of what I conceive of the affairs of the kingdom. What I have said, I humbly submit to your Majesty.

I have now only this one suit to your Majesty, that if my sons live, they may be bred in England, and made happy by service in the court; and if they prove not loyal to the crown, my curse be on them.

I wish my daughters be never married in Scotland. I humbly recommend my brother to your favour.

Thus, with my hearty prayers to God, that he will bless you with a long and happy life, and crown all your intentions with a wished success; which I hope to live and see effected, notwithstanding of all the threats that is used to

Your Majesty’s, &c.

HAMILTON.

Glasgow,
27th November, 1638.

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1638.—November.

97. _The Supplication and humble Remonstrance of the Ministers of the Church of Scotland, presented to his Majesties High Commissioner and Generall Assemblie held at Glasgow in November, 1638._[125]

MAY IT PLEASE YOUR GRACE,

And you right Noble, Right Worshipfull, and you most Reverend brethren, conveened by his Majeties Proclamation in this venerable nationall Assembly, to consult upon the most convenient wayes, and to enact such Ecclesiasticall Lawes, as to your wisdomes seemes most expedient, for preserving of peace and truth in this Church, for which ends wee from the bottome of our hearts (as feeling members of the same) earnestly intreat him, who hath promised to be with his owne to the end of the world, by his spirit and grace, so to direct and assist your wisedomes, that by this long expected meeting, glory may redound to his ever glorious Name, and peace to this rent Church, which all the members thereof, with most earnest wishes, expect at your hands. For the present, we thought it our duty, as those whom it doth most clearly concerne (our great Shepheard having committed to our charge a part of that Flock which he hath redeemed with his precious bloud) to present unto you our just feares which arise from the sudden incroaching of the Laick (now called Ruling) Elders, in divers Presbyteries of this Kingdome, having chiefe hand in chusing of Commissioners there, lest they, with Commissioners thus elected, may bring upon the neck of the Ministery and Church here, the heavie yoke of overruling Elders in all times comming, to the no small hurt of us and our successors in the Gospel, except timely remedy be provided.

Our humble supplication therefore to your Grace, and Members of this present Assembly, is, that all these Commissioners thus chosen by the voyce of Laick Elders, and in whose Commissions they have had hand, may be removed, as men to whose voyces and judgements we cannot submit our selves in matter of Church government, for the just feares above exprest, they being justly suspect Judges not to be admitted, and their elections and Commissions void for reasons following: First, there is no Law in this Kingdome whereby Laick Elders have any voyce in chusing Commissioners to Generall Assemblies; the chusers therefore having no legall power to elect, those that are chosen by such, can have no place nor voyce in this Assembly. Secondly, albeit there have beene heretofore, and before Churches were fully planted, a custome that Laick-Elders did sit in Presbyteries, yet that custome hath beene these 35. yeeres by-past, universally (and above forty yeeres in most Presbyteries) interrupted; which prescription is sufficient to make voyd any such custome: so that it can to no sufficient warrant for them to sit and voyce in Presbyteries now, much lesse to intrude themselves (as they have done in many Presbyteries) contrarie to the minds and publicke protestation of the Ministerie. Thirdly, when Laick-Elders had place in Presbyteries, yet it was ordained that the voyces should not be equall in number, with the voyces of the Ministerie, as is to be seene in the ____________ booke of discipline ____________ Chapter. But in this election, their number were not onely equall, but in most parts more, because out of every Parish there was a Laick-Elder, and so at least equall in number; and in election of these Commissioners, against whose election we except, there was put upon the list six in some places, and in others foure of the Ministers, who being removed, in their absence the choyce was made when the Laick-Elders by six or foure at the least exceeded the Ministers in number of voyces, yea in some Presbyteries the Laick-Elders were twice so many in number; so that these Commissioners are mainly chosen by the Laitie, and not by the Ministers, neither can wee acknowledge them for ours. Fourthly, these Laick-Elders did of old onely assist in Discipline, not medling with points of Doctrine (suffering the spirit of the Prophets to be subject to the Prophets, according to the Apostolicall rule;) but now they intrude themselves to sit and voice in the Presbyteries in matters of Doctrine, and have given Commission to those whom we except against, to voyce in this venerable Assembly, in Doctrine as well as in matters of Discipline; which Commissions are null, as proceeding _à non habente potestatem_. For these and other most weighty causes, the election of such Commissioners, and their place in this Assembly being so dangerous to the Church, threaten the same with the most intolerable yoak of bondage to be laid upon the neck of the Presbyteries by Laick over-ruling-Elders, to the prejudice of the liberties of the said Presbyteries, and whole Discipline of this Church. We could not, out of conscience to God, our callings, and flocks, but make humble remonstrance of the same to your Grace and members of this grave Assembly: withall protesting, both in our own names, and in name of all the Ministerie and body of this Church that will adhere to this present supplication, that all sentences, conclusions, Canons, Statutes, and Ordinances, which shall be made in that Assembly wherein the foresaid Commissioners shall have determinative voyce, to be voyd, null, and of no effect to oblige us or any of us to the obedience of the same: But if this our just supplication be not admitted (which we hope and earnestly pray may be graciously accepted) then this our protestation may be of force against such Lawes and proceedings that may follow thereupon. Thus hoping for your charitable construction of this our necessarie duty in so eminent a danger of the Church, and humbly intreating these presents may be put upon Record, We rest.

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1638.—November 29.

98, 99. _Speech of Hamilton at dissolving the Assembly, and his Reply to Moderator._[126]

I find this day great contrarieties of Humours in my self, first, cause of Joy; next, cause of Sorrow: cause of Joy, in making good what hath been promised by His Majesty; cause of Sorrow, in that I cannot make further known his Majesties Pious Intentions.

You have called for a Free General Assembly: His Majesty hath granted you one, most Free on his part, and in his intentions; but as you have handled and marred the matter, let God and the World judge, whether the least shadow or footstep of Freedom can be discerned in this Assembly, by any man who hath not given a Bill of Divorce both to his Understanding and Conscience. With what wresting and wringing your last Protestation charges His Majesties last Gracious Proclamation in the point of Prelimitations, is both known and misliked by many even of your own pretended Covenant; but whether your Courses, especially in the Elections of the Members of this Assembly, be not onely Prelimitations of it, but strong Bars against the Freedom of it, nay utterly destructive both of the Name and Nature of a Free Assembly, and unavoidably inducing upon it many and main Nullities, will be made manifest to the whole World.

But his Majesties Sincere Intentions being to perform in a lawful Assembly all he hath promised in his Gracious Proclamation, if you find out a way how these things may pass, and be performed even in this Assembly, such as it is, and yet His Majesty not made to approve any way the Illegalities and Nullities of it, for satisfying all His Majesties good Subjects of the Reality of his Meaning; I am by His Majesties special Command ready to doe it, and content to advise with you how it may be done.

[And after this he caused read his Majesties Concessions, as they had been before proclaimed: upon which he took instruments, that by producing and signing of them, first his Majesties Intentions were made known: next, that in the producing and delivering of them, the Lawfullness of the Assembly was not acknowledged. After that he went on, and discoursed against the Constitution of the Assembly in the following words,]

But now I am sorry I can go on with you no more, for the sad part is yet behind, about Ruling-elders; for neither Ruling-elders, nor any Minister chosen Commissioner by Ruling-elders, can have voice here, because no such election is warranted, either by the Laws of this Church or Kingdom, or by the practice or custom of either: for even that little which appeareth to make for those Elders in the Book of Discipline, hath at this time been broken by you, there being more Lay-elders giving votes at every one of those Elections, than there were Ministers, contrary to the Book of Discipline; as in Lanerick but eight Ministers and eighteen or nineteen Lay-elders; and so in divers other Presbyteries: and in every Presbytery, when the Ministers upon the List were removed, the remaining Elders exceeded far the remaining Ministers. But say there were Law for those Lay-elders, the interruption of the execution of that Law, for above 40 years, makes so strong a Prescription against it, that without a new reviving of that Law by some new Order from the General Assembly, it ought not again be put in practice; for if His Majesty should put in practice, and take the Penalties of any disused Laws without new intimations of them from Authority, it would be thought by your selves very hard dealing.

To say nothing of that Office of Lay-elders, it being unknown to the Scripture or Church of Christ for above 1500 years, let the World judge whether those Laymen be fit to give Votes in inflicting the Censures of the Church, especially that great and highest Censure of Excommunication, none having power to cast out of the Church by that Censure, but those who have power to admit into the Church by Baptism: and whether all the Lay-elders here present at this Assembly be fit to judge of the high and deep Mysteries of Predestination, of the Universality of Redemption, of the Sufficiency of Grace given, or not given to all men, of the Resistibility of Grace, of total and final Perseverance, or Apostasie of the Saints, of the Antilapsarian or Postlapsarian Opinion, of Election and Reprobation; all which they mean to ventilate, if they do determine against the Arminian, as they give out they will.

In many Presbyteries these Lay-elders disagreed in their Elections wholly, or for the most part, from the Ministers, and carried it from them by number of Votes, though in all reason the Ministers themselves should best know the abilities and fitness of their Brethren: and this was done in the Presbyteries of Chirnside, Linlithgow, Aberdeen, and divers more.

How can these men now elected be thought fit to be Ruling-elders, who were never Elders before, all or most part of them being chosen since the Indiction of the Assembly, some of them but the very day before the Election of their Commissioners; which demonstrates plainly that they were chosen onely to serve their Associates turn at this Assembly?

Since the Institution of Lay-elders by your own Principles is to watch over the Manners of the People in the Parish in which they live, how can any man be chosen a Ruling-elder from a Presbytery, who is not an inhabitant within any Parish of that Presbytery, as hath been done in divers Elections, against all Law, Sense, or Reason?

By what Law or Practice was it ever heard, that young Noblemen, or Gentlemen, or others, should be chosen Rulers of the Church, being yet Minors, and in all Construction of Law thought unfit to manage their own private Estates, unless you will grant that men of meaner Abilities may be thought fit to rule the Church, which is the House of God, than are fit to rule their own private Houses, Families, and Fortunes?