Chapter XVIII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (15)

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

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1638.—December 20.

107. _A Letter from the Generall Assembly at Glasgow to the Marques of Hamilton._[135]

MOST NOBLE LORD,

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

Your Lordships humble Servants.

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=Report of Proceedings=
OF THE
GENERAL ASSEMBLY AT GLASGOW, 1638.

Having, in the foregoing pages, given an account of the occurrences which preceded this memorable Assembly, and reprinted front the authentic edition, the principal Acts which it passed; and, having superadded thereto, an abstract of various proceedings not embraced in any copies of those Acts hitherto published, as well as an ample collection of historical documents therewith connected, we shall further add to these particulars, a detailed Report of the whole of the discussions that took place from the first meeting on 21st November to the dissolution of it on 20th December 1638.

For the valuable MS. whence this Report is taken, we are indebted to the politeness and liberality of Mr J. Smith, youngest, of Glasgow. It forms a portion of a volume of MS.S. belonging to Stirling’s Library in that city, which also contains a similar report of the proceedings in the subsequent Assembly of 1639, and various other curious documents relative to that period of the Church’s history. The hand-writing may be referred to the period of the Assembly, or the middle of the seventeenth century; and from several markings on the volume, in the handwriting of Wodrow, which is well known, it appears to have at one time formed a part of his valuable collection of historical and ecclesiastical records. The volume may be referred to as “The Folio Manuscript.” Of its subsequent history we have no information; but from all its characteristics we consider ourselves warranted to assume that it possesses a high degree of authenticity. The volume referred to is marked “Stirling’s Public Library, c. i. 11,” and in the index prefixed there are the following items:—

“_Imprimis_—a Collection of Petitions, Remonstrances, Narrationes, Speeches, and other peapers, published in the beginning of our troubles in 1636, out of which may be gathered a perfect historie, yʳ of—from folio 1 to 94.”

“_Item_—the Sessions, Actings, and Canons of the 2 Genˡˡ Assemblies holden att Glasgow & Edinburgh, the one in 1638, yᵉ oyʳ in 1639, containing att great length everie thinge that past, ather spoken or done yʳ in: This takes up till folio 312.”

It is from the record thus described that the following report is extracted.

Before the MS. which we have adopted had come into our hands, Mr David Laing, librarian of the Writers to the Signet, had kindly communicated another and similar report, but wanting several leaves both at the beginning and end; and we were in hopes ere now to have had also in our possession a third MS. belonging to Mr Simpson, schoolmaster of Corstorphine, from which Dr Aiton states he took his account of the Assembly 1638, that is given in his Life of Henderson. Circumstances, however, have occurred to prevent this; but we are enabled, on the authority of Professor Fleming, of Glasgow College, who has collated these MS.S., to say that it coincides entirely with the Stirling’s Library Copy. Mr Laing’s copy seems to have at one time belonged to Dr Boog of Paisley: Mr Simpson’s was found in the repositories of a deceased brother, who was a preacher of the Secession communion; but we have not been able to learn any further particulars than those now mentioned, with respect to the several MS.S. referred to. The one which we subjoin, however, and the other documents that we have collected, will, we trust, render the present, on the whole, the most complete account of the Glasgow Assembly which has ever yet been published.

In addition to the documents contained in the “Large Declaration,” “Burnet’s Memoires of the House of Hamilton,” and “Balfour’s Annales,” we have to acknowledge the accession which we have obtained of some of the earlier edicts of Charles I. and the Scotch Privy Council, derived from the original record—an obligation which we owe to Mr A. M‘Donald of the Register House, and which we prize the more, because these documents have been _suppressed_ in the various works to which we refer. To the Rev. Mr M‘Crie, too, we are indebted for the use of a Collection of Documents which belonged to his distinguished father, from whence we have gleaned several important writs, the authenticity of which is established by the duplicates attested under the hand of Archibald Johnston, the Clerk of the Assembly 1638, still in the repositories of the Church.

* * * * *

[November 21, 1638.]

The first day, the Commissioners from the King and Kirke being conveined, after prayer be Mr John Bell, Moderatour, agried upon till a moderatour was chosen, The King’s Commission to the Marqueis was [read], next the Commissions from 66 severall presbitries wer given into the Clerkes sone of the former Assembly, together with the Commissions from townes and colledges, and the names of the Commissioners red.

Sess. 1.[136]

After in calling vpon the name of God, The Kings Commissioner requyred that the Commissions might be examined before a Moderatour should be chosen, least some men should voit in chooseing a Moderatour, who wer not instructed with a sufficient Commission.

It was answered be the Earle of Rothes, Lord Loudoun, Mr Alexʳ Henrysone, Mr David Dick, and Mr Wᵐ Livingstoun, that a Moderatour behoved first to be chosen, before the Commissions could be examined, for thir reasons:—A Ecclesiasticall Moderatour should be chosen by the suffrage of such as have given in their Commissions for the Kirke and Burghes before particulars can be tryed—first, becaus this is the order and practise of the Kirke of Scotland. 2 reason, It is agrieable to reason, that the Assembly should descend by degries to the constitution from a promiscuous convention, to a number instructed with commissions from the severall Kirkes of the kingdome, vnto whose commission that much respect is due, that they may be presumed to be, for the most pairt, valide and worthie, at the least [to] have a voice in choyseing of a Moderator to themselves, by whose meanes everie commission may be more exactlie tryed. 3 reason, It is one of the poynts of the freedome of the Assembly, that the Commissioners from the Kirkes and burghes choyse their owne Moderatour, incontinent after the exhibition of the Commission, least any thing which concernes them be done inordourly or without the consent in the meeting where they are present. 4 reason, The Tryell of the Commissions is one of the worthiest matters of the Assembly, and never were there any discussion of the validitie of them before a Moderatour was chosen, and the judicatorie brought to a frame, so farre as the whole might judge of everie pairt; nor can they be discussed till the propper judicatorie be ance sett in a tollerable maner, which be the lawes hes authoritie to judge thereof. 5 reason, It was required in all the supplications for a free Assembly, that the questions belonging the maner and matter of Assemblies, should be referred to the Assembly it selfe; and, now a free Assembly is granted and indicted, therefore a formall Assembly must ance be made before any ecclesiastick question belonging to the Assembly can be rightlie discussed, which cannot be done till a Moderatour be chosen by common consent of the Kirke conveened. 6 reason, Seeing it is certaine, that these who are come doe represent the Kirkes from which they are come, and are instructed so well as they could be their knowledge, it were wrong done to the Kirkes conveened, not to suffer them to begin their owne incorporation, and to draw their oune Members to some ordourlie frame that at the first entrie they may proceed ordourlie. 7 Reason, Whatsomever reason can be alleadgit why the Commissions cannot be postponed to the chooseing of the Moderatour, will be more valide to prove that they cannot be discussed before the chooseing of a Moderatour. 8 Reason, _Progressus erit in infinitum_.

My Lord Comʳ his Grace gave way to the chooseing of a Moderatour, provyding it shall no wayes import his Graces acknowledgement of the votters, or such as shall be meit, or any of them, to be lawfull Members of this Assembly. But it shall be lawfull to his Grace, or any other at convenient tyme, to say they cannot be lawfull Members thereof; whereupon his Grace took acts and Instruments, as likewayes protested in name of the Archbishops and Bishops of this Kingdome, that no nomination or election of a Moderatour, Commissioner, or other Member of the said Assembly, made or to be made, nor the receaving, admitting, or allowing of any pretendit nomination, election, or Commission, before, to, or at the said Assembly, past or to be past in favours of or in the behalfe of any Member thereof, shall prejudge them or any of them in their place, voit, office, jurisdiction, dignitie, or priviliedge belonging to them or any of them, be whatsomever laufull right or custome, but that the same shall remaine to them, and everie ane of them, safe and inviolable, notwithstanding of anything done or to be done at the said Assembly; whairupon the said Commissioner his Grace tooke acts and Instruments. Farther craved ane other paper presented be Doctor Hamilton, in name of the Bishops, to be read publictlie, quhilk being refuised, the said Commissioners Grace protested, tooke acts and Instruments: farder, the said Commissioners Grace declaired that his Majestie had appoynted six noblemen, his Assessours, to repair to Glasgow, and to have voit in the said Assembly; and for that effect his Majesties Letters, directed to them, was produced; and accordinglie his Grace desired that, before any voting of the Moderatour, it should be condiscended that the foresaid Assessours should have voit, conforme to his Majesties Letters, which being refuised, his Grace protested and tooke acts and Instruments.

Farder protested that the Bishops, who were authorized be act of Parliament, are called pretendit Bishops.

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_The Protestation of the Commissioners fra Presbitries, Burghes, and Universities, and of the Complaints against Prelats._

We Commissioners of Presbitries, Ministers, and Elders, Commissioners of Burghes, and Universities, in our owne name, and in the name of the whole Church of Scotland, whom we represent, That whereas his Majesties Commissioner protested that he gave way to the chooseing of ane Moderatour, without acknowledging of the voits of any of them to be lawfull members of this Assembly; but that it be lawfull to him or any other to say, at convenient tyme, why they cannot be lawfull members;

We protest that this protestation made be my Lord Commissioner his Grace, be no wayes prejudiciall to the lawfull commissions produced be Ministers, Elders, and Commissioners of burghes and vniversities, qˡᵏ shall be allowed unto this Assembly, nor unto the freedome thereof, nor be any ground of quarrelling this Assembly and the proceedings thereof, in any time comeing; but, on the contrare, seeing we offer to heare all objections in a competent Assembly, at the discussing of the particular commissions.

We protest that this Assembly, now fenced in the name of the Sone of God, be esteemed and reputed a free Generall Assembly in all tyme comeing, and that it shall be lawfull to us to extend this our protestation, and insert the reasons thereof, in any tyme before the dissolving of this Assembly; whereupon we tooke instruments.

Lykeas we Commissioners of Presbitries, Burghes, and Universities in manner foresaid, That qʳas his Majesties Commissioner, in name of the Archbishops and bishops of this Kingdome, protested that no nominatione or election of Moderatour, no allowance of any pretendit commission in favours of any Members of this Assembly, nothing done or to be done in this Assembly, past or to be past, shall prejudge them in their voit, office, jurisdictione or dignitie belonging to them, be whatsomever law or custome: We Protest against this protestation of his Majesties Commissioner made in favours of the pretendit bishops and their pretendit priviledges in this kingdome, untill they and yʳ rights and priviledges now complained upon be the most pairt of this Kingdome in yʳ summonds, as usurpations, contrare to the word of God, Confession of faith, doctrine and discipline of this Kirke, to be tryed and allowed or disallowed in this Assembly, and that the determination yʳof therein, according to the word of God and Confession of faith, be esteemed and observed, and most just and lawfull; and we protest in favours of the liberties, priviledges, and discipline of this reformed church, and freedome of this Assembly in all ecclesiasticall matters, conforme to the Confession of faith and Covenant of this Kingdome, renued with the Lord, and for libertie to extend this protestation, and the reasons thereof, before the dissolving of the Assembly; qʳupon we tooke Instruments.

Lykeas We Noblemen, barrones, Ministers, burgesses, and Commouns, subscribers of the Covenant and persuers in the Commoun Complaints and Summonds against bishops, Protest that the Commissioner his Graces nomination of them, the Lords of the Clergie, and protestation in favours of yʳ calling, voits, dignitie, priviledges, be no wayes prejudiciall to the Covenant subscryved be us, to the policie of the Kirke, nor to our Summonds and Complaints against these our pretendit dignities, titles, and callinges, as contrare to the Confession of faith and word of God, nor to the freedome of this Assembly in their trying and discussing of our said Complaints; and we protest for libertie to extend this protestation; qʳupon we take acts and Instruments.

Lykeas, We Commissioners for Presbitries, burghes, and Universities, That qʳas his Majesties Commissioner having craved ane paper, presented be Doctor Hamilton in name of the Bishops, to be red publictlie, being refuised, did protest and take Instruments, We protest that before ane Assembly was constitut, and the Moderatour chosen, we would heare no supplications, billes, nor protestationes, but after the constitutione of the Assembly we should heare the same and give them an answer, and protested that they might be there personallie present for to answer to the Summonds and Complaints against them, with libertie to adde yʳupon and tooke Instruments.

Lykeas, quhensoever his Majesties Commissioner protested against our protestations, both the Commissioners from burghes and universities on the ane pairt, and the persewars and the Complainers on this, have renued their protestation against the Commissioners protestations: We Commissioners from Presbitries, Burghes, and Universities, That quhereas his Majesties Commissioner produced his Majesties Letter to Six Noblemen for to be his Assessours, and accordinglie desired that the foresaid assessours should have voit according to his Majesties Letter, and protested upon the present refusall of it before the election of a Moderatour, we protested, that seeing his Grace was his Majesties sole Comʳ, that none should have voit but the Commissioners from Presbitries, Burghes, and Universities, for thir reasons, qˡᵏˢ we are readie to shaw, for thir reasons to the Assembly being constitut after the election of a Moderatour, and protested for libertie to extend their owne protestation, and insert the reasons thereof any tyme before the dissolution of this Assembly: qʳupon we tooke Instruments, and yʳafter gave in the reasons following.

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Concerning the voiting of his Majesties Assessours in the Generall Assembly.

With that respect which we ought to his Majesties Commission, and to the persons and places of the pryme Noblemen and Counsellours, his Grace his Assessours, for the preservation of the libertie of the Kirke of Jesus Christ, in this his Majesties Kingdome of Scotland, we the Commissioners from particular Presbitries, Universities, and burghes, here solemnlie assembled, in all humilitie, doe remonstrat that his Majesties Commissioner and Assessours can have but ane voit, in all matters treated and reasoned in the Assembly, for the reasons following:

1. Becaus the Generall Assemblies, in the matter of it, is ane ecclesiasticall meeting of persons ecclesiasticall, Ministers and Elders, representing the whole particular persons and presbitries quhilk collectivelie cannot convenientlie or possiblie conveine, and the Christian Magistrat doth not so much multiply voits for himselfe, as by his power, auctoritie, and command, and provyde that every particular Commissioners voit be asked and heard in order and quyetnes, that thereby the judgement of the Assembly, in everie poynt presented to their consideration, may be knowne.

2. We have had 39 Assemblies of this Kirke, without the presence of the Kings Majestie or any Commissioner sitting in the Assembly in his Majesties place.

3. It is not to be supposed that his Majesties Comʳ should have moe voits in his Ma. personall absence, then if he were in sacred persone present, since, _jure representationis_, they are all but ane, and ought to voit as ane.

4. This might prove contrare to his Ma. graceous intention, very prejudiciall to the libertie of the Kirke, there being no determination of the number of voits, for thus his M. affirmative voice might be turned in a negative; neither doth this Kirke want experience of this great danger.

5. As assessours sent from particular presbitries for assisting, thir Commissioners have no place to voit, so it is to be supposed that these assessours, appointed to attend his Majesties Comʳ, are only to give their advice and assistance unto his Grace in the great affaires of the Assembly, that all matters may be orderlie and peaceablie disposed. 6. Although we doe not pry narrowlie into his Majesties Commission, yet since we perceave it is granted to the Marqueis of Hamiltoun as his Majesties sole Commissioner, we cannot admitt that any be equall to his Grace in voiting in the Assembly.

7. As the Ecclesiasticall Moderatour, be the Acts and practise of this Kirke, hath some Members of the Assembly joyned to him to be assessours, who yet thereby have no further power granted to them than they had before be their Commission, so it is with _preses politicus_.

And whereas, his Majesties Commissioner protested that the bishops who were authorised be Acts of Parliament were called pretendit bishops, the complainers against bishops protested that such they were and such they should be esteemed and called, conforme to the summonds; and the Commissioners from presbitries, burghes, and universities, protested, that they should be so called till the complaints against them for the samen should be discussed, with libertie to adde; whereupon they tooke instruments.

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The Moderatour for the tyme having declaired that the constitution of a Moderatour must be the first act, and goe before the act of examination of the Commissions, he puts upon the leitts Mr John Ker, Mr John Row, Mr James Bonar, Mr Wᵐ Livingston, and Mr Alexʳ Hendersone: the leitts being approven, and Mr Alexander Hendersone was chosen Moderatour be the voits of all the voits, not ane contrare except his oune.

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Sess. 2.

[November 22.]

After in calling upon the name of God,

The Moderatour craved that a list might be given for chuseing of a Clerk.

The Comʳ asked why a clerk should be elected, seeing there was a clerk there present, and what could be said against him why he should not execut the office in his fathers lifetyme?

The Moderatour answered—Please your Grace, the clerks sone could not be called the clerk.

The Commissioner required that the young man might have libertie to speake for himselfe, who, being permitted to speak, alledgit that his father was provydit to the office by the dimission of Mr Thomas Nicolsone, and hath served in the office after his dimission, and hath keeped the Registers, and hath given out extracts of the Acts and conclusions of the Assembly; and now being infirme and sicke, and not able to serve at the tyme, has surrogat me his sone in his place.

The Moderatour answered—Albeit Mr Thomas Nicolsone had the office and had demitted to his father, yet was not his Father elected by the Assembly; albeit, he had now possessed the office by the space of 20 yeares, yet I see not how the office can goe by deputation.

The young man answered—That beside the office of Mr Thomas Nicolsone, his father had the office by election in anno 1616.

The Moderatour answered—That he was not chosen by the voits of a free Assembly; and whether it was so or not, it matters not now, seeing he was become old, infirm, and sicke, and so unable to attend frequent Assemblies, which now we expect be the mercie of God, and with his Majesties favour and allowance; yet if there be any question in the matter, I shall ask the voits of the brether; but in my judgement, Edinburgh being the centure of the Kingdome, quhereunto all subjects have greatest resort, it is expedient, yea necessar and good, that the clerk should reside att Edinburgh. I grant the Clerk received no detriment be his fathers function, becaus his employment was but small.

The Earle of Rothes answered—Albeit his father had undoubted right to the office, yet the office is not transmissible: whereupon the young man remitted his interest in the office to the consideration of the Assembly.

The Commissioner answered—By what power the young man could demitt his ffathers right?

The young man answered—That he did not demitt his Fathers office, but onlie submitted his interest in it to the Assembly.

The Commissioner said—That he did not call in question the power of the Assembly concerning the election of a Clerk, but he desired to know how Mr Thomas Nicolsone having demitted his right in favours of the young man his father, and how his Father having enjoyed the office to this day, how ane other clerk should be elected, he being yet alive?

My Lord Lowdoun answered—That his father being absent, old, and sicke, could not now supplie the place, and yʳ the Assembly, now conveened, behooved to see to it, and surrogat ane other in his place—a man of skill and judgement—seeing he was _civiliter mortuus_—unable to come hither; yet I speake not this to prejudge his sones benefice, for the Assembly may consider of it; but if he hes a power from his father, he may submitt that to the judgement of the Assembly, and the Assembly may choose ane other without doing wrong to the young man.

The Commissioner answered—If, by reason of Gods hand on the man, they would yet macke [him] further to be a sufferer and a loaser, seeing he hath done the pairt of ane honest man, and his gift of office here doeth bear deputation, why will ye not suffer him to depute his sone in his place as others have done before? For albeit he be old, infirme, and sicke, that may not take away his place, if sicknes be on him by Gods hand, and againe throw time he shall be frustrat of the meanes to mentaine his life in his old age.

Lord Lowdoun answered—It is charitablie and justlie pleaded, and I think he should not be prejudgit the meanes of his life in his old age; but seeing there are here two prejudices in hand—ane to the Generall Assembly and other personall to the man—the lateis prejudice must yield to the former, and the Assembly must be served, and the man in his age and sicknesse supplied ane other way. As for deputation ane other in his place, we know he hes no power of it.

My Lord Rothes said—That the strenth of his fathers right to the office was not from Mr Thomas Nicolsones admission, but of that which the Assembly gave unto him; and what right the young man craved by deputation, he hath now put it in the hands of the Assembly.

The Moderatour asked—If the clerks place was not vacant for the tyme, and if it be not vacant, how shall the Assembly be provydit for a clerk for the tyme?

My Lord Rothes said—The Assembly calls for a clerk, and his father compeirs not; how is it furnished?

My Lord Lowdoun answered—Let the young man who craves the right adhere to it, and let it be decydit by the Assembly, or els submitted to the Assembly, or els choose your oune Clerk.

Whereupon the young man submitted himselfe to the Assembly.

The Moderatour craved that a lite might be given in for chooseing of a Clerk, and so a lite of four was given in: Mr Thomas Sandilands, sone to the clerk, Alexʳ Blair, John Nicoll, and Mr Archibald Johnstone; and it was requyred that these men that shall be elected shall be obliged to reside at Edinʳ.

The Moderatour asked the Comʳ which of these four his Grace would voit into?

The Comʳ answered—That he knew not any of them, neither would he voit to any of them, becaus he had not as yet seene a lawfull dimission of the present Clerk.

The Moderatour replyed—Then your Grace will be a _non liquet_.

The Comʳ answered—I desire that the voits of the Assessours nominat by his Majestie might be asked in a nomination of a Clerk.

The Moderatour said—Seeing your Graces assessours get no voit in chooseing a Moderatour, being a superiour office, it was not fitt to trouble them with asking their voit anent the election of a Clerk, being an inferiour office.

The Comʳ craved that the protestation made yesterday might be read over againe the day, anent the Kings power in appointing of assessours; which protestation being red,

The Comʳ craved that my Lord Argyle, Traquair, Southesk, Lauderdaill, might voit according to his Majesties command, given in severall letters; which Letters being sein and red,

Traquair craved that these assessours appoynted be his Majestie might have voit, as the custome was in King James, of worthie memorie, his tyme; and declaired, according to his Majesties command, he was readie to assist and give his voit.

The Moderatour answered—That it was not want of due respect to their Lordships that moved them to refuise your Lordships voits in this, but onlie to mentaine the Kings libertie—quherfor your Lordship had als goed reason to be als zealous as any in the house.

Traquair replyed—The imployment of this particular was of such small moment, that except it were in obedience to his Majesties command, he would never clame it. As to the Kirks liberties, that they should be preserved; yet why should any in the Kirk debarr the Kings Majestie from that libertie which to this day he never wanted in any Assembly? If the Kings Majestie be standing in a particular possession of assessours to treat, reason, and voit, who should his Majestie be dispossessed now?

The Moderatour answered—That they should either condiscend to that his Lordship craved, or else satisffie him in reason; and said, he would not deny but his Majestie had, in sundrie late Assemblies, moe asseasours then his one Commissioner, and yet there were also many Assemblies that neither King, Commissioner, nor assessours were present: which late Assemblies he wished this present Assembly had no reason to put them to the tryall.

Traquair asked—If, becaus the King is not present now, as he was not present in ane other Assembly, if they would exclude him and these nominat be him to voit in this Assembly?

Moderatour answered—There was no intention to exclude his Majestie, but rather wished his Majestie were present to be ane eye witnesse to all thir proceedings, and that he hoped for great favour from his Majestie if he were present, and that full satisfaction should be given to his Majestie, by Gods grace, to everie thing.

Sir Lues Stewart said—Seeing it hath beene in use that his Majestie hath appoynted assessours, Commissioners, and all perteining to the Generall Assembly, why not now also?

Lowdoun answered—There were sufficient reasons why it should not be so, and these reasons were put in the hand of the Moderatour to be red.

Thir reasons being red, why the King only should have ane voit,

Traquair said—Not out of any affection of imployment, but of love to the obedience of so gracious a prince, doe I take upon me to answer these reasons; neither yet am I of such sharpness, capacitie, and quickness of witt, to make answer to everie ane of these particular reasons; yet seeing we are tryed to make answer, we crave ane copie thereof that we may give our answer thereto, and desires that this matter of election of a Clerk may not be put to voiting till our reasons be heard.

The Moderatour said—It is good reason to be so, and all of us hes alse good reason to be zealous of the Kings honour, authoritie, and priviledge, as any, yet his Lordship had alse good reason to see to the Kirkes weill and libertie—the Mother of us all; and when we perceave that the Kings Majestie, or any in his name, would urge that which may encroach upon the liberties of the Kirke, they would labour to satisfie them in reason.

Traquair said—If I knew any thing would conduce more to the preservation and priviledge of the Kirkes liberties, then that his Majesties wonted authoritie should continue in the former vigour, I would condiscend unto it.

The Commissioner said—I render my protestation, made in name of my assessours appoynted be his Majestie.