Chapter XXVIII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (25)

“Our soldiers grew in experience of arms, in courage, in favour daily. Every one encouraged another. The sight of the nobles, and their beloved pastors, daily raised their hearts. The good sermons and prayers, morning and evening, under the roof of heaven, to which their drums did call them for bells; the remonstrances very frequent, of the goodness of their cause; of their conduct hitherto, by a hand clearlie divine; also Lesly’s skill, and prudence, and fortune, made them as resolute for battle as could be wished. We were feared that emulation among our nobles might have done harm, when they should be met in the field; but such was the wisdom and authority of that old, little, crooked soldier, that all, with an incredible submission, from the beginning to the end, gave over themselves to be guided by him, as if he had been great Solyman. Certainly the obedience of our noblemen to that man’s advice was as great as their forebeers wont to be to their King’s commands: yet that was the man’s understanding of our Scots humours, that gave out, not only to the nobles, but to very mean gentlemen, his directions in a very homely and simple form, as if they had been but the advices of their neighbour and companion: for, as he rightly observed, a difference would be used in commanding soldiers of fortune, and of soldiers volunteers, of which kind the most part of our camp did stand. He kept daily in the castle of Dunse an honourable table for the nobles and strangers with himself; for gentlemen-waiters thereafter, at a long side-table. I had the honour, by accident, one day to be his chaplain at table, on his left hand. The fare was as became a General in time of war: not so curious by far as Arundel’s to our nobles; but ye know that the English fare sumptuously, both in war and peace.”

“It seems our General’s table was on his own charge; for, so far as yet I know, neither he, nor any noble or gentleman of considerable rent, got any thing for their charge. Well I know, that Englinton our Crowner entertained all the gentlemen of note that were with him, at his own table, all the time of our abode; and his son, Montgomery, kept with him very oft the chief officers of his regiments: for this was a voyage wherein we were glad to bestow our lives, let be our estates.

“Had you lent your ear in the morning, or especially at even, and heard in the tents of some, the sound of singing psalms, some praying, and some reading scripture, ye would have been refreshed. True, there was swearing, and cursing, and brawling, in some quarters, whereat we were grieved; but we hoped, if our camp had been a little settled, to have gotten some way for these misorders; for all of any fashion did regret, and all promised to do their best endeavours for helping all abuses. For myself, I never found my mind in better temper than it was all that time since I came from home, till my head was again homeward; for I was as a man who had taken my leave from the world, and was resolved to die in that service, without return. I found the favour of God shining upon me, and a sweet, meek, humble, yet strong and vehement spirit leading me all along; but I was no sooner on my way westward, after the conclusion of the peace, than my old security returned.

“It was not our General’s intention to sit long at Dunse; only till our army had grown to a considerable number: he thought meet to lie on that strength which was in the midst betwixt the two ways to Edinburgh, that if the English had moved either towards Haddington or Soutra, he might have been on their backs; for we knew not then well either of the estate or designs of the enemy: but after we were above 20,000 men, he gave out not obscurely his purpose to approach the English camp. Their fear of this, made them cast up some trenches on our side of Tweed, and work at them both on Sunday and Saturday. They had no will we should come so near them; therefore occasion was sought with all diligence of the treaty. The way of the procedure was this: Robin Lesly, one of the old pages, being come over to Dunse Castle, made, as it were of his own head, an overture, that we would be pleased yet to supplicate, or else the English forces did so multiply, that at once we would be overflown with them. Our fear daily diminished of their violence; we knew at once the great advantages we had of the King: yet such was our tenderness to his honour, that with our hearts we were ever willing to supplicate his offcoming; yea, had we been ten times victorious in set battles, it was our conclusion to have laid down our army at his feet, and on our knees presented nought but our first supplications. We had no other end of our wars; we sought no crowns; we aimed at no lands and honours as our party; we desired but to keep our own in the service of our Prince, as our ancestors had done; we loved no new masters. Had our throne been void, and our voices sought for the filling of Fergus’s chair, we would have died ere any other had sat down on that fatal marble but Charles alone.”

While the two armies were in the position thus described by an eye-witness—the Royal army, on the one hand, weak, wavering, and almost panic-struck, the Royal coffers nearly exhausted, and the spirit of the English troops and followers sunk to the most abject state; the Scotch, on the other hand, outnumbering their adversary, bold, eager for the fight, and full of high enthusiasm and confidence in superhuman support, yet with limited means for a protracted campaign, and anxious to avoid acts of deadly hostility against their native King—overtures for pacification were made; and in a very short space agreed to. In consequence of the hints given by Robert Leslie, which the Scotch leaders interpreted as an indication of his Master’s wishes, the Earl of Dunfermling was despatched to the Royal camp (on the 7th or 8th of June) with a short Supplication to his Majesty, and Letters to the English Council; and this mission terminated on the 18th of June, after various conferences and negotiations, in a Declaration by the King, and Articles of Pacification, signed by the Commissioners on both sides, which, for a season, put an end to the further progress of hostilities.

It would swell these notes beyond the compass that is suitable to this work, were we to give even a meagre abstract of the substance of the proposals and objections which formed the subject-matter of these negotiations; but we deem the whole correspondence, proclamations, and negociations which took place during the period which intervened betwixt the Assembly of 1638 and that of 1639, to be of so much importance to the full understanding of the history of those times, that, as formerly, we intend to supply our readers with all these documents themselves. This is the more requisite, as they are nowhere to be found entire, and without mutilation or the suppression of many of them, in any single history or, collection relative to those transactions; and, indeed, a number of the most curious and valuable—as unveiling the secret history of Charles’ policy and his motives—were not disclosed to the world for more than thirty years afterwards, when Burnet, after the restoration of Charles II., published his Memoirs of the Duke of Hamilton, in which these are embodied. Referring to these documents, therefore, as containing the only true history of the period referred to, (that has fallen under our observation,) and leaving every one to draw his own inferences from these muniments, we shall here only state the leading features of the Treaty, in so far as that is necessary to explain the circumstances in which the General Assembly of 1639 convened.

By his Royal Declaration, of date the 18th of June 1639, his Majesty, referring to the various supplications, &c. of his Scotch subjects, was “pleased to declare and assure that, according to the Petitioners’ humble desires, all matters ecclesiastical shall be determined by an Assembly of the Kirk, and matters civil in the Parliament, and other inferior judicatories established by law; and Assemblies, accordingly, shall be kept once a year, or as shall be agreed upon at the next General Assembly.

“And for settling the general distractions of that our antient Kingdom, our will and pleasure is, that a Frie General Assembly be kept at Edinʳ the 6ᵗʰ day of August next ensuing, where we intend (God willing) to be personally present, and for the legal indiction thereof, we have given orders and command to our Council; and thereafter a Parliament to be holden at Edinburgh the 20ᵗʰ day of August next ensuing, for ratifying of what shall be concluded in the said Assembly,” &c.[158]

To this declaration seven articles were annexed, the chief of which were—the immediate disbanding of the forces of Scotland—the surrendering to the King all the castles, forts, regalia, &c.—all fortifications; and meetings not sanctioned by Act of Parliament, to be desisted from: and, on the other part, his Majesty to withdraw all his ships, &c. on delivery of the fortresses.

On considering this Declaration and the Articles, the Scotch Commissioners, (viz., Rothes, Dunfermline, Lowdon, W. Douglas, Alexander Henderson, and Archibald Johnston,) on the part of the Covenanters, subscribed the following document, which completed the pacification:—

“In obedience to his Majestys Royal commands, we shall, upon Thursday next, the 20 of this June, dismiss our forces, and immediately thereafter deliver his Majesties Castles; and shall ever, in all things, carry ourselves like humble, loyal, and obedient subjects.”

And thus, to the great joy and rejoicing of both armies, this pacification was consummated, without bloodshed; and the several hosts dispersed themselves and retired to their homes. The Covenanters, with perfect good faith, surrendered the fortresses, Regalia, and all that they had seized as sureties for their safety; but they were too well aware of the craft with which they had to cope, to omit all needful precautions against the perfidy of their adversaries. It was his necessity, and not his will, that induced the King really to yield (though his apologists call it concede) to the Scotch army, the terms recorded in his Declaration; and, reluctant as we are to think harshly of that misguided Monarch, or to anticipate the judgment which our readers may form, on examination of the evidence which we have gleaned, or to obtrude our own humble reflections on the occurrences which we record—we cannot stifle an expression of our full conviction, that, in entering into that treaty of pacification, Charles I. did it with a settled purpose to violate his faith as a man and a King; and that, with regard to it and its fulfilment, he was guided by principles the most jesuitical, dishonourable, and immoral. The documents which follow, contain the most conclusive proofs of a paltry, pettifogging dissimulation, such as is scarcely to be paralleled in the whole range of authentic history.[159]

But we leave this painful topic, and pass on to the incidents more immediately introductory to the meeting of Assembly.

In reference to this, one of the ticklish points connected with it was, that, in the negotiations, the King would not recognise the Assembly of the preceding year as a lawful Assembly, while the Scotch Commissioners would not relinquish its character of legality; and, therefore, it was understood, that, without assuming anything on that point, the Assembly of 1639 should proceed _de novo_ to consider all affairs ecclesiastic. The policy of the King and his councillors—Hamilton, Traquair, and certainly Canterbury and the Scotch Prelates—was, if possible, to prevent a recognition of its lawfulness or its Acts, and to mould the proceedings of the next Assembly and Parliament so as to defeat the Presbyterian polity, and pave the way for the resumption of high regal prerogative, (“the Kingly way,” as Hamilton termed it,) and the restoration of Episcopacy. It is necessary thus far to anticipate what will be found more fully developed in the King’s Instructions and other documents, in order that the reader may be prepared, as he advances, to perceive the bearing of the proceedings which ensued.

The King, if ever he seriously purposed to attend the Assembly in person, speedily relinquished the idea; and, indeed, his personal attendance would have been very inconvenient, considering the crooked policy by which, at the time, he was guided. He might have felt very serious embarrassment in managing personally, the refined duplicity of his schemes; and having, as is fully proved, a purpose of putting his _veto_ upon anything that might be concluded either in the Assembly or Parliament, which was not in entire accordance with his own notions, (and he could not reasonably expect that they should be so,) it was more expedient to act by a Commissioner—whose acts he might disavow and repudiate—than to compromise himself by a personal appearance and a collision with the Scottish Covenanters on their own ground. He wished Hamilton to be his Commissioner once more; but that nobleman was too wary, after his former experiences, to attempt it; and Traquair was selected for this important office. His Lordship waited on the King at Whitehall in the beginning of August; and, on the 6th, his Commission was signed, and he set out for Scotland.

Without farther prefatory explanation, therefore, we now proceed to give the Acts and proceedings of the Assembly which convened at Edinburgh on the 12th of August 1639, adhering to the same arrangement as in the former part of this work.

THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY HOLDEN AT EDINBURGH, IN THE YEAR 1639.

Sess. VII. August 17, 1639.

_Master George Grahame his renouncing and abjuring of Episcopacie._

The which day was given in to the Assembly, direct from Master George
Grahame, sometimes pretended Bishop of Orknay, an abjuration of
Episcopacie, subscribed with his hand, which was publickly read in
audience of the Assembly; and thereafter they ordained the same to be
registrat in the Assembly Books, _ad perpetuam rei memoriam_, whereof
the tenor follows.

To all and sundry whom it effeirs, to whose knowledge these presents shall come, specially to the reverend and honourable Members of the future Assembly to be holden at Edinburgh, the twelfth day of August 1639 years: Me, Master George Grahame, sometime pretended Bishop of Orknay, being sorry and grieved at my heart that I should ever, for any worldly respect, have embraced the order of Episcopacie, the same having no warrand from the Word of God, and being such an order as hath had sensibly many fearful and evill consequences in many parts of Christendome, and particularly within the Kirk of Scotland, as by doleful and deplorable experience this day is manifest, to have disclaimed, like as I, by the tenor hereof, doe altogether disclaime and abjure, all Episcopal power and jurisdiction, with the whole corruptions thereof, condemned by lawful Assemblies within the said Kirk of Scotland, in regard the same is such an order as is also abjured within the said Kirk, by vertue of that National Oath which was made in the years 1580 and 1581; promising and swearing by the great Name of the Lord our God, That I shall never, whiles I live, directly or indirectly, exercise any such power within the Kirk, neither yet shall I ever approve or allow the same, not so much as in my private or publike discourse: but, on the contrary, shall stand and adhere to all the Acts and Constitutions of the late Assembly holden at Glasgow, the 21 of Novemb. 1638 last by-past, and shall concurre, to the uttermost of my power, sincerely and faithfully, as occasion shall offer, in executing the said Acts, and in advancing the Work of Reformation within this land, to the glory of God, the peace of the Countrey, and the comfort and contentment of all good Christians, as God shall be my help. In testimony of the which premisses, I have subscribed thir presents with my hand at Brecknes in Stromness, the eleventh day of February, the year of God 1639 years, before thir witnesses, Master Walter Stuart, Minister at Southronnaldsay, Master James Heynd, Minister at Kirkwall, Master Robert Peirson, Minister at Firth, and Master Patrick Grahame, Minister at Holme, my Son.

Sess. VIII. 17 Aug. 1639.

_Act containing the Causes and Remedie of the bygone Evils of this Kirk._

The Kings Majestie having graciously declared, That it is His Royal will and pleasure, that all questions about Religion, and matters Ecclesiasticall, be determined by Assemblies of the Kirk; having also, by publike Proclamation, indicted this free national Assembly, for settling the present distraction of this Kirk, and for establishing a perfect peace against such divisions and disorders as have been sore displeasing to his Majestie, and grievous to all his good Subjects. And now his Majesties Commissioner, John Earle of Traquair, instructed and authorized with a full Commission, being present and sitting in this Assembly, now fully conveened, and orderly constitute in all the members thereof, according to the order of this Kirk, having, at large, declared His Majesties zeal to the reformed Religion, and His Royal care and tender affection to this Kirk, where His Majestie had both His Birth and Baptisme, His great displeasure at the manifold distractions and divisions of this Kirk and Kingdome, and His desires to have all our wounds perfectly cured, with a fair and fatherly hand: And, although in the way approven by this Kirk, tryal hath been taken in former Assemblies before from the Kirk registers, to our full satisfaction, yet the Commissioners Grace, making particular enquiry from the members of the Assembly, now solemnly conveened, concerning the real and true causes of so many and great evils as this time past had so sore troubled the peace of this Kirk and Kingdome, It was represented to His Majesties Commissioner by this Assembly, That, beside many other, the maine and most materiall causes were, First, The pressing of this Kirk, by the Prelates, with a Service Book, or Book of Common Prayer, without warrand or direction from the Kirk, and containing, beside the Popish frame thereof, diverse Popish errors and ceremonies, and the seeds of manifold grosse Superstitions and Idolatry, with a Book of Canons, without warrand or direction from the Generall Assembly, establishing tyrannicall power over the Kirk, in the person of Bishops, and overthrowing the whole discipline and government of the Kirk by Assemblies, with a Book of Consecration and Ordination, without warrand of Authoritie, Civill or Ecclesiasticall, appointing offices in the house of God, which are not warranted by the word of God, and repugnant to the discipline and Acts of our Kirk, and with the High Commission, erected without the consent of the Kirk, subverting the jurisdiction and ordinary judicatories of this Kirk, and giving to persons meerely Ecclesiasticall, the power of both swords, and to persons meerly Civill, the power of the Keys and Kirk censures. A second cause was the Articles of Perth—viz., the observation of Festivall dayes, kneeling at the Communion, Confirmation, Administration of the Sacraments in private places, which are brought in by a null Assembly, and are contrary to the Confession of Faith, as it was meant and subscribed Anno 1580 and divers times since, and to the order and constitutions of this Kirk. Thirdly, the changing of the government of the Kirk, from the Assemblies of the Kirk, to the persons of some Kirk-men, usurping prioritie and power over their Brethren, by the way, and under the name of Episcopall government against the Confession of Faith, 1580, against the order set down in the Book of Policy, and against the intention & constitution of this Kirk from the beginning. Fourthly, the Civill places and power of Kirkmen, their sitting in Session, Councell, and Exchequer; their Riding, Sitting, and Voiting in Parliament, and their sitting in the Bench as Justices of peace, which, according to the constitutions of this Kirk, are incompatible with their spiritual function, lifting them up above their Brethren in worldly pompe, and do tend to the hinderance of the Ministrie. Fiftly, the keeping and authorizing corrupt Assemblies—at Linlithgow, 1606 and 1608; At Glasgow, 1610; At Aberdene, 1616; At S. Andrews, 16I7; at Perth, 1618—which are null and unlawfull, as being called and constitute quite contrary to the order and constitutions of this Kirk, received and practised ever since the reformation of Religion, and, withall, labouring to introduce novations into this Kirk, against the order and religion established. A sixth cause is, the want of lawfull and free Generall Assemblies, rightly constitute of Pastors, Doctors, and Elders, yearly or oftner, _pro re nata_, according to the libertie of this Kirk, expressed in the Book of Policy, and acknowledged in the Act of Parliament, 1592. After which the whole Assembly, in one heart and voyce, did declare, that these and such other, proceeding from the neglect and breach of the Nationall Covenant of this Kirk and Kingdome, made in Anno 1580, have been, indeed, the true and maine causes of all our evills and distractions. And, therefore, ordaine, according to the constitutions of the Generall Assemblies of this Kirk, and upon the grounds respective above specified, That the foresaid Service-Book, Books of Canons, and Ordination, and the high Commission, be still rejected: That the Articles of Perth be no more practised; That Episcopall Government, and the Civill places and power of Kirk-men, be holden still as unlawfull in this Kirk; That the above named pretended Assemblies—At Linlithgow, 1606 and 1608; At Glasgow, 1610; At Aberdene, 1616; At S. Andrews, 1617; At Perth, 1618—be hereafter accompted as null, and of none effect. And that, for preservation of Religion, and preventing all such evils in time coming, Generall Assemblies, rightly constitute, as the proper and competent judge of all matters Ecclesiasticall, hereafter be kept, yearly and oftner, _pro re nata_, as occasion and necessity shall require; The necessity of these occasionall Assemblies being first remonstrate to His Majestie, by humble supplication: As also that Kirk Sessions, Presbyteries, and Synodall Assemblies, be constitute and observed, according to the order of this Kirk.

After the voycing of the Act, (anent the causes of our by-gone
evils,) His Majesties Commissioner consented, verbally, to the said
Act, and promised to give into the Clerk in writ, the Declaration
of His consent, and that he should ratifie this Act in the ensuing
Parliament.

Sess. XVIII. 26 Aug. 1639.

_Act approving an old Register of the Generall Assembly._

The whole Assembly, (upon the report made to them anent the old
Register of the Assembly, gotten from Master John Rig,) all in
one voice, approved the said Register, and ordained the same to
make faith in judgement, and outwith in all time coming, as a true
and authentick Register of the Kirk of Scotland, conforme to the
testimonie subscribed by the Committee, to be insert in the Books of
Assembly; whereof the tenor followeth:—

We under subscribers, Forsameikle as the late Generall Assembly, holden at Glasgow, gave power and Commission to us, To peruse, examine, and cognosce upon the validitie, faith, and strength of the Books and Registers of the Assembly, particularly set down in the Commission given to us thereanent. According whereunto, we did carefully view, peruse, and consider the saids Registers, and gave our testimony thereof under our hands, of the validitie and sufficiencie of the samine, to the said Generall Assembly. And now, having a new Commission given to us from the Generall Assembly now presently conveened and sitting at Edinburgh, To peruse, examine, and cognosce upon the validitie, faith, and strength of another Register of the Assembly, which was not set down and recommended to us by the said former Commission, which Register beginneth at the Assembly holden at Edinburgh the sixth day of March 1572, and endeth at the Assembly likewise holden at Edinburgh 1573, we have carefully viewed, perused, and considered the said Register: And being deeply and maturely advised, as in a matter of greatest weight and consequence, doe attest before God, and upon our consciences declare to the world and this present Assembly, That the said Register above exprest, is a famous, authentick, and good Register, which ought to be so reputed, and have publik faith in judgement and outwith, as a valid and true Record in all things, And findis the same to be of the same handwrit, and subscribed by the same Clerk of the Generall Assembly, as divers of the said other Registers (formerlie perused by us) are. And, in testimonie of our solemne affirmation, we have subscribed these presents with our hands, at Edinburgh, the ________ day of August, 1639.

Act Sess. XIX. Aug. 27, 1639.

_Act approving the deposition of the Ministers by the Committees._

The Assembly, after the receiving of the whole reports from the Committees, appointed for revising of the processes and sentences, led, deduced, and pronounced before, and by the severall Commissions granted by the Assembly at Glasgow, All in one voice approved the saids whole Processes as orderly proceeded, and the whole sentences pronounced thereintill, as just and lawfull decrees, without prejudice of any favour that can be showne to any person or persons, against whom the said sentences are pronounced upon their supplications, or of Justice to such as complaine of their processe, and offers to reduce the same upon whatsoever reason competent, by the Constitutions of this Kirk and Kingdome, before the Generall Assembly and the Commissioners thereof, they being appointed for that effect.

Act Sess. XX. 28 Aug. 1639.

_Act anent receiving of deposed Ministers._

The which day, the Generall Assembly, upon the report of the Committees anent these who are deposed by Synods, Doe make this Generall Act, recommending to the Synods all these who are deposed before them for subscribing of the Declinator, and reading of the Service-book, and for no other grosse cause, That, upon their true repentance, and submission to the Constitutions of this Kirk, and upon their purgation and clearnesse from any grosse Faults laid to their charge in any new processe against them, they may be found by the Synods capable of the Ministerie, when God grants them an ordinary and lawfull calling by admission from the Presbyterie, either in the Church they served in before, or in any other Church.

Act Sess. XXI. 29 August 1639.

_Act anent the keeping of the Lords Day._

The Generall Assembly recommendeth to the several Presbyteries the
execution of the old Acts of Assembly against the breach of the
Sabbath Day, by going of Mylnes, Salt-Pannes, Salmond-fishing, or any
such like labour; and, to this end, revives and reneues the Act of
the Assembly holden at Haly-rude-house, 1602, Sess. 5, whereof the
tenor follows:—

The Assembly considering that the conventions of the People, specially on the Sabbath Day, are very rare in many places, by distraction of labour, not onely in harvest and seed-time, but also every Sabbath, by fishing both of white fish and Salmond-fishing, and in going of Mylnes. Therefore the Assembly dischargeth and inhibiteth all such labour of fishing, as well white fish and Salmond-fish, and going of Mylnes of all sorts upon the Sabbath, under the pain of incurring the censures of the Kirk: And ordaines the Commissioners of this Assembly to mean the same to His Majestie, and to desire that a pecuniall paine may be injoyned upon the contraveeners of this present Act.

Act Sess. XXII. 29 Aug. 1639. â meridie.

_Articles and Overtures approved by the Assemblie._

That some Commissioners be appointed to visit and peruse the whole Acts of Generall Assemblies, and to mark such Acts as are for the use of the Kirk in Generall, To extract the same out of the Registers, to the effect that after they be tryed, they may be printed according to the old Acts of the Assembly at Edinburgh, March 7, 1574, Sess. 9.

The Assemblie appoints the Presbyterie of Einburgh to have a care of
this article, and to report their diligence to the next Assembly.

That course may be taken for restraining of people from passing to England to marry, which is the occasion of great inconveniences.

The Assembly alloweth this article, and recommends to the Parliament
that they would appoint a pecuniall summe to be payed by the
contraveeners.

That the Acts for furnishing expences to Commissioners, sent by the Presbyteries to the Generall Assembly, and sent in Commission by Generall Assemblies, may be explained; And it be declared that all such Commissioners whatsoever, by their stipends, may be furnished by the Kirks of the Presbyterie, according to the order set down in the Act of the last Assembly, since the errand is common, and the benefit concerneth all; and that order may be taken, how that an expedient voluntarie course, thought fit by the Assembly, shall, by advise of Parliament, have the force of a law, for compelling these to pay who are stented, both for the last and this Assembly, and in time to come.

The Assembly allowes this article, and referres the same to the
Parliament.

That the Session-books of every Paroche be presented once a year to the Presbyteries, that they may be tryed by them.

The Assembly alloweth this article.

That the Act of the 38 Assembly at Edinburgh October 24, 1578, Sess. 8, ordaining Ministers who are deposed, to be charged, under the pain of excommunication, to dimit their places, that they may be unquestionably vacand, may now be renewed.

The Assembly alloweth this article, and remits the same to the Parliament.

The Assembly would revive or renew all former Acts of Assembly against Papists and excommunicate persons, against haunters with them, and receivers of them.

The Assembly alloweth this article.

That an uniforme Catechisme may be appointed to be used throughout this whole Kingdome, in the examinations before the Communion.

The Assembly alloweth this article.

That all Ministers or Intrants presented to Kirks, be tryed before their admission, if they be qualified for the places to which they are presented, besides the ordinary tryalls of Expectants before their entrie to the Ministerie.

The Assembly alloweth this Article.

* * * * *

Sess. XXIII. 30 Aug. 1639.

_The Supplication of the Generall Assembly to the Kings Majesties Commissioner, concerning the Book, called “The Large Declaration.”_

Wee, the Members of this present Assembly, for our selves, and in name of the severall Presbyteries, Burghs, and Universities for which we are Commissioners, resenting the great dishonour done to God, our King, this Kirk, and whole Kingdome, by the Book called “A Large Declaration,” have here represented the same to your Grace, and have collected some, amongst many, of false, grosse, and absurd passages; That, from the consideration thereof, your Grace, perceiving the intolerable evils foresaids contained therein, may be pleased to represent the same to our gracious Soveraigne, and in our behalfs humbly to beseech his Majestie, so much wronged by the many foul and false relations, suggested and perswaded to him as trueths, and by stealing the protection of His Royall Name and Authoritie to the patrocine of such a Book: To be pleased first to call in the said Book, and thereby to shew his dislike thereof: Next, to give Commission and warrant to cite all such parties as are either knowne or suspect to have had hand in it, and to appoint such as His Majestie knowes to be either authors, informers, or any wayes accessarie, being Natives of this Kingdome, To be sent hither to abide their tryall and censure before the Judge Ordinary, and in speciall Master Walter Balcanquell, now Deane of Durhame, who is known and hath professed to be the author, at least avower and maintainer of a great part thereof; that by their exemplar punishment, others may be deterred from such dangerous courses, as in such a way to raise sedition betwixt the King and His Subjects, Gods honour may be vindicate from so high contempt, His Majesties justice may appear, not only in cutting away such Malefactors, but in discouraging all such under-miners of His throne, His loyall and loving Subjects shall be infinitely contented to be cleared before the world of so false and unjust imputations, and will live hereafter in the greater securitie, when so dangerous a course of sedition is prevented, and so will have the greater and greater cause to pray for his Majesties long and prosperous Reigne.

His Majesties Commissioner in Councell having received the said Supplication, promised to impart the same to His Majesty, and to report his diligence therein.

* * * * *

_The Supplication of the Assembly to His Majesties High Commissioner, and the Lords of Secret Councell._[160]

Wee, the Generall Assembly, considering, with all humble and thankfull acknowledgement, the manie recent favors bestowed on us by His Majestie, and that there rested nothing for crowneing his Majesties incomparable goodnes toward us, bot that all the members of this Kirk and Kingdom might be joyned in one and the same Confessions of Faith with God, with the Kings Majestie, and among ourselves: And conceiveing the main lett and impediment to this so good a worke, and so muche wished be all, to have beene the Informations made to his Majestie, of our intentions to shaike off Civill and dutiful obedience dew to Soverainity, and to diminish the Kings greatnes and authoritie, and being most willing and desyrous to remove this and all suche impediments, whiche may hinder and imped so full and perfyte an Union, and for cleiring of our loyaltie, WEE, in our names, and in name of all the rest of the Subjects and Congregations whome wee represent, doe now, in all humilitie, represent to your Grace, His Majesties Commissioner, and to the Lords of His Majesties most honourable Privie Counsell, and declare before God and the World, that we never had, nor have anie thought of with-drawing our selves from that humble and dutiful subjection and obedience to His Majestie and to his Government, which, by the descent and under the reign of 107 Kings, is most cheirfullie acknowledgit be us and our predecessors: And that we never had, nor have any intention or desire to attempt anie thing that may tend to the dishonour of God, or the diminution of the Kings greatnes and authoritie; But, on the contrary, acknowledging our quietnes, stabilitie, and happines to depend upon the safetie of the Kings Majesties Person, and maintenance of His greatnes and Royal authority, as Gods Vice-gerent set over us, for maintenance of Religion and ministration of Justice, We have solemnlie sworn and doe swear, not onlie our mutual concurrence and assistance for the caus of Religion, and to the uttermost of our power, with our meanes and lyves, to stand to the defence of our dread Soveraine, his Person and authoritie, in the preservation and defence of the said true Religion, Liberties, and Lawes of this Kirk and Kingdome, bot also in everie thing which may concerne His Majesties honor, sall, according to the Lawes of this Kingdome and dutie of good subjects, concurre with our friends and followers in quiet manner, or in armes, as wee sall be requyred of His Majestie, His Councell, or anie having his Authority. And, therefore, being most desyrous to cleir our selves of all imputation of this kynd, following the laudable example of our predecessors, in anno 1589, doe most humblie supplicat your Grace, His Majesties miasione, and the Lords of His Majesties most honourable privie Counsel, to enjoyne be Act of Counsell, that the Confession and Covenant, which, as a testimonie of our fidelitie to God, and loyaltie to our King, wee have subscrived, be subscrived be all His Majesties Subjects, of what ranke and quality soever.

* * * * *

_The Act of the Lords of Councell at Edinburgh. August 30, 1639, containing the Answer of the preceding Supplication._

The which day, in presence of the Lord Commissioner and the Lords of Privie Councell, compeired personally John Earle of Rothes; James Earle of Montrose; John Lord Lowdoun; Sir George Stirling of Keir, Knight; Sir William Douglas of Cavers, Knight; Sir Henry Wood of Bonytoun, Knight; John Smyth, Burgesse of Edinburgh; Mr Robert Barclay, Provest of Irwing; Mr Alexander Henderson, Minister at Edinburgh; and Mr Archbald Johnstoun, Clerk to the Generall Assembly; and, in the name of the present sitting Generall Assembly, gave in to the Lord Commissioner, and Lords of Privie Councell, the Petition above written; Quhilk being red, heard, and considerit be the said Lord Commissioner and Lords of Privie Counsell, they have ordainit, and ordains the samen to be insert and registrat in the books of Privie Counsell, and, according to the desyre thereof, ordains the said Confession and Covenant to be subscrived in tyme comeing, be all His Majesties Subjects of this Kingdome, of what ranke and qualitie soever.

* * * * *

_The Kings Majesties Commissioners Declarations._

The which day His Majesties Commissioner and Lords of Councell, after the receiving of the Supplication of the Generall Assembly, anent the subscribing of the Covenant, having returned to the Assembly, His Majesties Commissioner, in name of the Councell, declared: That he had received the Supplication of the Assembly, desiring that the Covenant might receive the force of an Act of Councell, to be subscribed by all his Majesties Subjects, that they had found the desire so fair and reasonable, that they conceived themselves bound in duety to grant the same, and thereupon have made an Act of Councell to that effect, and that there rested now the Act of Assembly; and that he himself was so fully satisfied, that he came now, as his Majesty’s Commissioner, to consent fully unto it; and that he was most willing that it should be enacted here in this Assembly, to oblige all his Majesties Subjects to subscribe the said Covenant, with the Assemblies explanation. And because there was a third thing desired, His subscription, as the Kings Commissioner, unto the Covenant, which he behooved to do, with a Declaration in writ; and he declared, as a Subject, he should subscribe the Covenant as strictly as any, with the Assemblies Declaration; but as His Majesties Commissioner in his name he behoved to prefix to his subscription the Declaration following, which no Scots Subjects should subscribe or have the benefit of, no, not himself as Earle of Traquair. The tenor whereof follows:—

Seeing this Assembly, according to the laudable forme and custome heretofore kept in the like cases, have, in a humble and dutiful way, supplicate to us His Majesties Commissioner, and the Lords of His Majesties most honourable Privie Councell, That the Covenant, with the explanation of this Assembly, might be subscribed: And to that effect that all the subjects of this Kingdome, by act of Councell, be required to doe the same: And that therein, for vindicating themselves from all suspitions of disloyaltie or derogating from the greatnesse and authoritie of our dread Soveraigne, have therewith added a Clause, whereby this Covenant is declared one in substance with that which was subscribed by His Majesties Father of blessed memory, 1580, 1581, 1590, and oftner since renewed. Therefore I, as His Majesties Commissioner, for the full satisfaction of the Subjects, and for settling a perfect Peace in Church and Kingdome, doe, according to my foresaids Declaration and Subscription, subjoyned to the Act of this Assembly, of the date the 17 of this instant, allow and consent that the Covenant be subscribed throughout all this Kingdome. In witnes whereof I have subscribed the premisses.

* * * * *

_Likeas his Majesties Commissioner, read and gave in the Declaration following, of his consent to the Act of the Assembly, 17 August, anent the causes of our by gone evils._

I, John Earle of Traquair, His Majesties Commissioner in this present Assembly, doe, in His Majesties Name, declare, that, notwithstanding of His Majesties own inclination, and many other grave and weightie considerations, yet such is His Majesties incomparable goodnesse, that, for settling the present distractions, and giving full satisfaction to the Subject, He doth allow, like as I, His Majesties Commissioner, doe consent to the foresaid Act, and have subscribed the premisses.

* * * * *

_Likeas His Majesties Commissioner read and gave in the Declaration following:—_

It is alwayes hereby declared by me, His Majesties Commissioner, That the practise of the premisses, prohibited within this Kirk and Kingdome, outwith the Kingdome of Scotland, shall never bind nor inferre censure against the practises outwith the Kingdome; which, when the Commissioner required to be insert in the Register of the Kirk, and the Moderator, in name of the Assembly, refused to give warrant for such practise, as not agreeable with a good conscience, His Grace urged that it should be recorded, at least that he made such a Declaration, whatsoever was the Assemblies Judgement in the contrair: And so it is to be understood to be insert here onely _vocitative_.

* * * * *

_Act ordaining the subscription of the Confession of Faith and Covenant, with the Assemblies Declaration._

The Generall Assembly, considering the great happinesse which may flow from a full and perfect Union of this Kirk and Kingdome, by joyning of all in one and the same Covenant with God, with the Kings Majestie, and amongst our selves, having, by our great Oath, declared the uprightnesse and loyaltie of our intentions in all our proceedings, and having withall supplicated His Majesties high Commissioner, and the Lords of His Majesties honorable Privie Councell, to injoyn, by Act of Councell, all the Lieges in time coming to subscribe the Confession of Faith and Covenant, which, as a testimony of our fidelity to God and loyaltie to our King, we have subscribed: And seeing His Majesties high Commissioner, and the Lords of His Majesties honorable Privie Councell, have granted the desire of our Supplication, ordaining, by civill authority, all His Majesties Lieges, in time comming, to subscribe the foresaid Covenant, that our Union may be the more full and perfect, We, by our Act and Constitution Ecclesiasticall, doe approve the foresaid Covenant in all the Heads and Clauses thereof, and ordaines of new, under all Ecclesiasticall censure, that all the Masters of Universities, Colledges, and Schooles, all Schollers at the passing of their degrees, all persons suspect of Papistry, or any other errour, and, finally, all the members of this Kirk & Kingdome, subscribe the same with these words prefixed to their subscription: “The Article of this Covenant, which was, at the first subscription, referred to the determination of the Generall Assembly, being determined, and thereby the five Articles of Perth; the government of the Kirk by Bishops; the civill places and power of Kirkmen, upon the reasons and grounds contained in the Acts of the Generall Assembly, declared to be unlawfull within this Kirk: we subscribe according to the determination foresaid.” And ordaines the Covenant, with this Declaration, to be insert, in the Registers of the Assemblies of this Kirk, Generall, Provinciall, and Presbyteriall, _ad perpetuam rei memoriam;_ and, in all humility, supplicates His Majesties high Commissioner, and the honourable Estates of Parliament, by their authoritie to ratifie and injoyne the same, under all civill paines, which will tend to the glory of God, preservation of Religion, the Kings Majesties honour, and perfect peace of this Kirk and Kingdome.

* * * * *

Aug. 30. 1639.

_Act anent Appellations._

The Assembly appointed, that, in all time hereafter, no Appellations should be, leaping over either Presbyterie or Synod, but to ascend by degrees as from the Kirk Session to the Presbytry, or from the Presbyterie to the Synod, and from the Synod to the Generall Assembly, except it be after the Synod be past, and immediatly before the Generall Assembly, or in the time thereof, and renewes all former Acts made to this effect.

* * * * *

_Act anent advising with Synods and Presbyteries before determination in Novations._

The Generall Assembly, considering that the intended Reformation being recovered, may be established, Ordaines, that no Novation which may disturb the peace of the Church, and make division, be suddenly proponed and enacted: But so as the motion be first communicate to the severall Synods, Presbyteries, and Kirks, that the matter may be approved by all at home, and Commissioners may come well prepared, unanimously to conclude a solide deliberation upon these points in the Generall Assembly.

* * * * *

_Act anent Ministers Catechising, and Familie Exercises._

The Assembly, considering that the long-waited-for fruits of the Gospel, so mercifully planted and preserved in this Land, and the Reformation of our selves and Families, so solemnly vowed to God of late in our Covenant, cannot take effect, except the knowledge and worship of God be carried from the Pulpit to every family within each Parish, hath therefore appointed, that every Minister, besides his paines on the Lords day, shall have weekly catechising of some part of the Paroch, and not altogether cast over the examination of the people till a little before the Communion. Also, that in every Familie the worship of God be erected, where it is not, both Morning and Evening, and that the Children and Servants be catechised at home, by the Masters of the Families, whereof accompt shall be taken by the Minister, and Elders assisting him in the visitation of every Family: And, lest they fail, that visitation of the severall Kirks be seriously followed by every Presbyterie, for this end among others. The execution and successe whereof, being tryed by the Synods, let it be represented to the next Generall Assembly.

* * * * *

Sess. XXIV. 30. Aug. à meridie.

_The Assemblies Supplication to the Kings Majestie._

MOST GRACIOUS SOVERAIGNE,

Wee, Your Majesties most humble and loyall Subjects, the Commissioners from all the parts of this your Majesties ancient and native Kingdome, and members of the Nationall Assembly, conveened at Edinburgh by your Majesties speciall indiction, and honoured with the presence of Your Majesties High Commissioner, have been waiting for a day of rejoycing, and of solemne Thanksgiving to be rendred to God by this whole Kirk and Kingdome, for giving us a King so just and religious, that it is not only lawfull for us to be Christians under Your Majesties government, which sometime hath been the greatest praise of great Princes, but also that it hath pleased Your gracious Majestie to make known that it is Your Royall will and pleasure, that all matters Ecclesiasticall be determined in free Nationall Assemblies, and matters civill in Parliaments; which is a most noble and ample expression of Your Majesties justice, and we trust shall be a powerfull meane of our common happinesse under your Majesties most blessed Raigne. In the mean while we doe most humbly, upon the knees of our hearts, blesse your Majestie for that happinesse already begun in the late Assembly at Edinburgh, in the proceedings whereof, next under God, we have laboured to approve our selves unto Your Majesties Vice-gerent, as if Your Majesties eyes had been upon us, which was the desire of our soules, and would have beene the matter of our full rejoycing, and doe still continue Your Majesties most humble supplicants for Your Majesties civill sanction and ratification of the constitutions of the Assembly in Parliament: That your Majesties Princely power, and the Ecclesiasticall Authority, joyning in one, the mutual embracements of religion and justice, of truth and peace, may be seene in this Land, which shall be to us as a resurrection from the dead, and shall make us, being not only so farre recovered, but also revived, to fill Heaven and Earth with our praises, and to pray that King CHARLES may be more and more blessed, and His throne established before the Lord for ever.

* * * * *

The Assembly appoints the next Generall Assembly to sit at Aberdeene the last Tuesday of July next, 1640 years. And warneth all parties, Universities, and Burrows, to send their Commissioners, for keeping the samine. And thereafter the Assembly was concluded by giving of thanks by the Moderator, and singing of a Psalme, according to the custome.

FINIS.

INDEX _of the_ PRINCIPALL ACTS _of the_ ASSEMBLY _at_ EDINBURGH, 1639. Not printed.[161]

1.—The Kings Majesties Commission to John Earle of Traquair.

2.—Election of Master David Dickson, Moderator.

3.—The Kings Majesties Commissioners and the Assemblies Declarations anent the Assembly of Glasgow.

4.—Renunciation of Master Alexander Lindsay, pretended Bishop of Dunkell, of Episcopacie.

5.—Commission for Visitation of the Universitie of S. Andrews.

6.—Commission for Visitation of the Universitie of Glasgow.

7.—Act reviving former Acts against going of Salt Pannes on the Sabbath day.

8.—Act for drawing up of a Catechisme.

9.—Articles and Overtures to be presented to the ensuing Parliament.

10.—The Report of the Committee appointed for Examination of the Booke called “The Kings Manifesto or Declaration.”

11.—The Covenant, or Confession of Faith.

12.—Act anent the Adjoyning of some Kirks in the Ile of Boot to the Presbyterie of Denune.

13.—Act Adjoyning some Kirks in the Iles of Coill and Tyrie to the Provinciall of Kilmoire.

14.—Commission for Visitation of the Colledge of Aberdeene.

15.—Commission to the Presbyterie of Edinburgh.

* * * * *

=Miscellaneous Historical Documents,=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1639.

1639.—January 18-29.

1. _Missive anent the King’s coming to York to the Privy Council of Scotland._[162]

Apud Edinburgh, 29 Januarii 1639—Sederunt,
Thesaurer,
Mar,
Murray,
Argyle,
Wintoun,
Elphinston,
Naper,
Clerk Regʳ,
Aduocat,
Treʳ Deput,
Justice Gʳᵃˡˡ,
Justice Clerk.

The whilk day the Missive Letter under written, signed be the Kings Majestie, and direct to the Lords of Privie Councill, was presentit to the saids Lords and read in their audience, of the whilk the tennor followes:—

CHARLES R.—Right trusty and right weill belovit cousine and counsellor, &c., We griet yow weill. Whereas we intend to repare, in person, to York, about Easter next, that we may be the more neare to that our kingdome, for accommodating our affaires there in a faire maner, which course we allwayes affected, as we still doe: These are to advertyse yow of this our resolution, being confident that, in the meane tyme, yow will not be wanting in that which serves the good of our service; and as we shall acquaint yow frome tyme to time with our further proceedings; so, if anie thing occurre wherein yow would advise us, lett us lykewayes be acquainted therewith, becaus we will speciallie rely upon your judgement: And so we bid yow farewell, frome our Court at Whitehall, the 18 of Januarie 1639. Sti. Sco.

Quhilk missive being heard and considert be the saids Lords, they ordainit the same to be insert and registrat in the booke of Privie Counsell.

* * * * *

1639.—January 26.

2. _Letter from the King to the Nobility of England._[163]

CHARLES REX,

Right Trusty and Right Welbeloved Cousin, We greet you well. The late Disorders in Our Realm of Scotland, began upon pretence of Religion, but now appearing to have been raised by Factious spirits, and fomented by some few ill and traiterously affected particular Persons, whose aim hath been, by troubling the Peace of that our Kingdom, to work their own private ends, and indeed to shake off all Monarchicall Government, though We have often assured them, that We resolved to maintain constantly the Religion established by the Laws of that Kingdom, is now growen to that height and dangerous consequence, that under those sinister pretences, they have so far seduced many of our People there, as great and considerable Forces are raised and assembled in such sort, as we have reason to take into consideration the Defence and Safety of this Realm of England; and therefore upon due and mature consultation with the Lords of our Council, We have resolved to repair in our Roial Person to the Northern parts of this our Realm, there (by the help of Almighty God, and the assistance of our good Subjects) to make resistance against any invasion that may happen.

And to the end that this Expedition may be as effectual as we design, to the Glory of God, the Honour and safety of Us, and of this our said Kingdom of England, We have directed that a considerable Army both of Horse and Foot, should be forthwith levied out of all the Shires to attend Us in this Action, wherein we nothing doubt, but the Affection, Fidelity, and Courage of our People shall well appear.