Chapter XXXI: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (28)

II. We did secondlie desire that his Majestie would be pleased to declaire and assure, that it is his royall will that all matters ecclesiasticall be determined by the Assemblies of the Kirk, and matters civile by the Parliament, and other inferior judicatories established by law; becaus we know no other way of preservation of our religion and lawes, and becaus matters so different in nature ought to be treated respective in their owne propper judicatories. It was also desired that Parliaments might be holden at sett tymes, as once in two or thrie years, by reason of his Majesties personall absence, which hindereth his subjects in their complaints and grievances to have immediat accesse to his Majesties presence.

And whereas his Majestie requires us to limite our desires to the injoying of our religion and liberties, according to ecclesiasticall and civile lawes respective, that we never intend further then the injoying of our religion and liberties, and that all this tyme past it was far from our thoughts to diminish the auctoritie of our native King and dread Soveraigne, or to make any invasion upon the kingdome of England, which are the calumnies forged and spread against us by the malice of our adversaries, and for which we humbly desire that in his Majesties justice they may have their owne censure and punishment.

III. Thirdlie, we desired a blessed pacification, and did express the most readie and powerfull means which we could conceave for bringing the same speedilie to passe, leaving other meanes serving for that end to his Majesties royall consideration and grave wisdome.

_Answer to the Querees propounded by his Majestie._

The querees propounded by his Majestie, are—First, Whither his Majestie hath the power of the sole indiction of the Generall Assembly?

Secondlie, Whither his Majestie hath a negative voice in Assemblies?

Thirdlie, Whither the Assembly may sitt, after his Majestie, by his auctoritie, hes discharged them to sitt?

I. Unto all which we answer, First, That it is propper for the Generall Assembly, by itselfe, to determine questions of this kinde; and it is no lesse than usurpation in us, which might bring upon us the just censure of the Generall Assembly, to give out determination.

II. Secondlie, The answering of ane of these three demands is the answering of all; for if the sole indiction of the Generall Assembly doe belong to his Majestie, there needs no question about the negative voice and dissolving of Assemblies. Next, if his Majestie hes a negative voice, there needeth no question concerning the indiction and discharging. Thirdlie, If his Majestie may discharge the Assembly, there needeth no question about the other two.

For our partes, we doe humbly acknowledge that the Kings Majestie hath power to indict the Assemblies of the Church, and whensoever in his wisdome he thinketh convenient he may use his auctoritie in conveining Assemblies of all sorts, whether generall or particular. We doe acknowledge also that the solemn and publict indiction, by way of proclamation and compulsion, doth belong propperlie to the Magistrat, and can neither be given to the Pope nor to any forragne power, nor can it, without usurpation, be claimed by any of his Majesties subjects; but we will never thinke but that in case of urgent and extreme necessitie, the Church may, be her selfe, convene, continow, and give out her owne constitutions for the preservation of religion.

1. God hath given power to the Church to conveene; the love of God hath promised his assistance to them being conveened; and the Christian Churches hes, in all ages, used this as the ordinary and necessarie meanes for establishing of religion and pietie, and for removeing of the evills of heresie, scandalles, and uther thinges of that kind, which must be, and would bring the Church to be in miserie, if by this powerfull remeadie they will not be cured and prevented.

2. Secondlie, According to this divine right, the Church of Scotland hath kept her Generall Assemblies with a blessing from heaven; for whill our Assemblie hath continowed in their strenth, in the doctrine, in the worship and discipline, the unitie and peace of the Church continowed in vigour, pietie and learning wer advanced, and profanenes and idlenes wer censured.

3. The Church of Scotland hath declaired, that all ecclesiasticall Assemblies hath power to conveene lawfullie for treating of things concerning the Church and pertaining to their charge, and to appoynt tymes and places for that effect.

4. The liberties of this Church for holding Assemblies is acknowledged by Parliament, and ratified anno 1593 [1592] and that upon the ground of perpetuall reason.

5. Becaus there is no ground, either by Act of Assembly or Parliament, or any preceding practice, neither in the Christian Church of old, nor yet in our owne Church since the Reformation, whereby the Kings Majestie may dissolve the Generall Assembly, or assume unto himselfe a negative voice; but, upon the contrare, his Majesties prerogative hes [is] declared by Act of Parliament to be no wayes prejudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers of his Church, which are most frequentlie ratified in Parliament, and especiallie in the last Parliament holden by his Majestie.

6. By this meanes, the whole frame of religion and Church Jurisdiction shall depend absolutelie upon the pleasure of the Prince; whereas his Majestie hath publictlie declared, by publict proclamation in England, that the Jurisdiction of the Churchmen, in their meetings and Courts holden by them, doe not flow from his Majesties auctoritie, notwithstanding any Act of Parliaments which hath beene made to the contrare, but from themselves, in their owne power; and that they hold their courts and meeting in their oune name.

7. That whereas His Majestie, upon the 12 of June, receaved a paper of the schort generall grounds and limits of their humble desires, his Majestie was graceouslie pleased to make this answer, viz., that if their desires be only the enjoying of religion and liberties, according to the ecclesiasticall and civill lawes of his Majesties Kingdome of Scotland, his Majestie doth not onlie agrie to the same, but shall also protect them to the uttermost of his power; and if they shall not insist upon any thing but that which is warranted, his Majestie most willinglie and readdilie [will] condiscend thereto; so that, in the mean tyme, they pay unto him that civill and temporall obedience which can be justlie required and expected of Loyall Subjects.

* * * * *

1639.—June 18.

55. _Declaration by the King, and Terms of the Treaty._[217]

CHARLES R.

We having considered the Papers and humble Petitions presented to Us, by those of Our Subjects of Scotland who were admitted to attend Our Pleasure in the Camp, and after a full hearing by Our Self, of all that they could say or alledge thereupon, having communicated the same to Our Council of both Kingdoms, upon mature Deliberation, with their unanimous Advice, have thought fit to give them this Just and Gracious Answer; That though We cannot condescend to ratifie and approve the Acts of the pretended General Assembly at Glasgow, for many grave and weighty Considerations which have happened, both before and since, much importing the Honour and Securitie of that true Monarchical Government lineally descended upon Us from so many of Our Ancestours; yet such is Our Gracious Pleasure, that, notwithstanding the many Disorders committed of late, We are pleased not only to confirm and make good whatsoever Our Commissioner hath granted and promised in Our Name; but also, We are further Graciously pleased to declare and assure, that, according to the Petitioners humble Desires, all matters Ecclesiastical shall be determined by the Assembly of the Kirk, and matters Civil by the Parliament, and other inferiour 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 Ancient Kingdom, Our Will and Pleasure is, that a Free General Assembly be kept at Edinburgh the sixth day of August next ensuing, where We intend (God willing) to be personally present, and for the Legal Indiction whereof, We have given Orders and Command to Our Council; and thereafter a Parliament to be holden at Edinburgh the twentieth day of August next ensuing, for ratifying of what shall be concluded in the said Assembly, and settling such other things as may conduce to the Peace and Good of Our Native Kingdom, and therein an Act of Oblivion to be passed.

And whereas We are further desired, that Our Ships and Forces by Land be recalled, and all Persons, Goods, and Ships be restored, and they made safe from Invasion, We are Graciously pleased to declare, That upon their disarming and disbanding of their Forces, dissolving and discharging all their pretended Tables and Conventicles, and restoring unto Us all our Castles, Forts, and Ammunitions of all sorts, as likewise Our Royal Honours; and to every one of Our good Subjects their Liberties, Lands, Houses, Goods, and Means whatsoever, taken and detained from them since the late pretended General Assembly, We will presently thereafter recall Our Fleet and retire Our Land-Forces, and cause Restitution to be made to all persons, of their Ships and Goods detained or arrested since the aforesaid time: whereby it may appear, that Our Intention in taking up of Arms was no ways for invading Our Own Native Kingdom, or to innovate the Religion and Laws, but mainly for the maintaining and vindicating of Our Royal Authority.

And since that hereby it doth clearly appear, that We neither have, nor do intend any Alteration in Religion and Laws, but that both shall be maintained by Us in their full Integrity, We expect the Performance of that humble and dutiful Obedience, which becometh loyal and dutiful Subjects, and as in their several Petitions they have often professed.

And as We have Just Reason to believe, that to Our peaceable and well-affected Subjects this will be satisfactory; so We take God and the World to witness, that whatsoever Calamities shall ensue by Our necessitated suppressing of the Insolencies of such as shall continue in their Disobedient Courses, is not occasioned by Us, but by their own procurement.

* * * * *

[After this the following Articles were signed:]

I. The Forces of Scotland to be disbanded and dissolved within eight-and-fourty hours, after the publication of His Majesties Declaration being agreed upon.

II. His Majesties Castles, Forts, Ammunition of all sorts, and Royal Honours, to be delivered after the Publication, so soon as His Majesty can send to receive them.

III. His Majesties Ships to depart presently after the delivery of the Castles, with the first fair Wind, and, in the mean time, no interruption of Trade or Fishing.

IV. His Majesty is Graciously pleased to cause to restore all Persons, Goods, and Ships, detained and arrested since the first of November last.

V. There shall be no Meetings, Treatings, Consultations, or Convocations of His Majesties Lieges, but such as are warrantable by Act of Parliament.

VI. All Fortifications to desist, and no further Work therein, and they to be remitted to His Majesties Pleasure.

VII. To restore to every one of His Majesties Subjects their Liberties, Lands, Houses, Goods, and Means whatsoever, taken and detained from them, by whatsoever Means, since the aforesaid time.

* * * * *

[Next, the Commissioners signed the following Note:[218]]

In the Campe, 18 Junii 1639.

In obedience to His Majesties Royal Command, we shall, upon Thursday next, the 20th of this June, dismisse our Forces, and immediatelie thereafter deliver His Majesties Castles, and shall ever, in all thinges, carry ourselves like Humble, Loyal, and Obedient Subjects.

Rothes,
Dumfermline,
Lowden,
W. Douglas,
Al. Henderson,
Arch. Johnstown.

* * * * *

1639.—June.

56. _The Scottish Armies Declaration concerning the Acceptation of the Kings Majesties Answers._[219]

Least his Majesties Declaration, of the date Junii 18, concerning ane answer to our humble desire, presented by our Commissioners, should either be mistaken by our well-affected, or wilfullie misconstrued by the malitious, whereby his Majesties justice and goodnes may be concealled, or his Majesties good subjects may appear to have done or admitted any poynt contrare to our oath of Covenant; the Generall, Noblemen, Barrons, Burgesses, Ministers, and Officers conveined before the dissolving of the Army, have thought it necessary to put in write what was related to them by their Commissioners from his Majestie—To witt, That, as his Majestie declared that he would not acknowledge nor approve of the late Generall Assembly holden at Glasgow, for which cause it is called in his Majesties Declaration “a pretendit Assembly;” so was it not his Majesties mynd that any of the Petitioners, by their acceptance of the said Declaration, should be thought to disapprove or parte from the samen, or condemne their owne proceedings as disorders and disobedient courses; and, therefore, as they doe intreat all his Majesties good subjects, with submisse and heartie thanksgiving, to acknowledge and confesse his Majesties favour, in indicting a free Assembly, to be keept the 6 of August, and Parliament 20, for ratifieing of what shall be concluded in the Assembly as the propper and most powerfull meanes to settle this Church and Kingdome: so would they have all his Majesties good subjects to know, that, by accepting the said Declaration and Articles of Pacification joyned therewith, they doe not, in any sort or degrie, disclaime or disallow the said Assemblie, but that they still stand obleidged to adhere thereto, and obey and mentaine the same; and for preventing and mistaking all misconstructions, let this be made knowne to all persons, and in all places where his Majesties declarations shall be published, which, as it is his Majesties oune mynd, expressed diverse tymes to our Commissioners, so are we assured that it will serve much for his Majesties honour, for the satisfaction of the godlie, and for the promoting of this blessed pacification for which all of us ought earnestlie to pray unto God, to remember also our late Oath and Covenant, and to walk worthie of it, and to beseech the Lord that, by the approaching Assembly and Parliament, religion and righteousness may be established in the land.

* * * * *

1639.—June.

57. _Some Heads of His Majesties Treatie with his Subjects in Scotland before the Inglish Nobilitie, and sett downe here for remembrance._[220]

1. For the preface and conclusion of his Majesties last Declaration, although it contained hard expression of the Subjects in Scotland, his Majestie declaired that he had no such opinion of them, but requyred the paper to stand for his credit, and for ane point of honour with forraigne nations, and required they should not stand with him for words and expressions. So they obtained the matter.

2. For calling of the late Assembly “_pretended_”—seeing the Subjects of Scotland professed they would never passe from the said Assembly and decries thereof, his Majestie declaires he did not acknowledge that Assembly farder then as it had registrat his Declaration. So would he not desire the subjects to passe from the samen.

3. Anent the Constitution of the Assembly, it was shawen his Majestie that none could be Members of the Assembly but such as had a Commission, viz., 2 or 3 Ministers from each Presbetrie, with a Rewling Elder, ane from each Burgh, and his Majestie or his Commissioner. His Majestie concluded that his assessour had vote; and upon ane expression in his Majesties declaration, referred that to some reasons contained in former proclamations, which wer utterlie against the lawfulnes of Ruleing Elders, was desired, according to the custome of this Kirk, all controversies ariseing should be remitted to the Assembly itselfe. His Majestie had some expressions craving these to be remitted to himselfe; but seeing that it was against the Constitution of the Kirk to have any other judge but the votters in the Assembly, where his Majestie or his Commissioner was present, and gave the first vote, “Free Assemblie,” in his Majesties Declaration, did import the freedome in judging all questions ariseing there anent Constitutions, Members, or matters.

4. Anent the restitution of the Castles; as the subjects did it freelie, so did they expresse that which might concerne the safetie of the countrie. They referred that to the tyme of the Parliament, at which tyme they would signifie their desires by petition to his Majestie; as also, they told it had cost much charges in fortifieing and keeping thereof—the representation whereof to his Majestie they referred to that tyme.

5. Concerning the restitution of persons, houses, goods, &c., required by his Majesty, it was promised, provyding that the great soumes of money contracted for the publict were payed in ane equall way by all, which behoved to be done either by Commission from his Majestie or from the Parliament; and when it was objected that much good was spent that was taken, the King answered, that as for goods or ammunition that was alreadie spent, they could not be restored, but these that are extant must be.

6. His Majestie not allowing of the late Assemblie, for the reasons contained in his severall proclamations, being excepted against as presupposing and importing a declaration of His Majesties Judgement against ruling elders, which prejudged the right constitution of a free Assembly; His Majestie, after a full hearing, deleited that clause.

7. That parte of his Majesties declaration, which beares that no [other] oath be exacted of entrants than that which is contained in the Acts of Parliament, as also that clause bearing that the present Bischops, &c., shall be sensurable by a Generall Assembly—being excepted against as presupposing and importing the continowance of Episcopacie, which we could not acknowledge, as being incompatible with the Confession of Faith and Constitutions of the Church;—his Majesty was pleased to deleite both these clauses.

And being, with all constancie and humilitie, pressed upon Saturday, Junii 15, that his Majestie would satisfie that maine desyre of his subjects, by declairing that his Majestie would quyte Episcopacie, he did answer that it was not sought in our desires: and when it was replyed that our first desires to have the Acts of the Generall Assembly ratified, [it] imported the same, his Majestie acknowledged it to be so, and averred that he did not refuse it, but would advise till Munday the 17, at which tyme his Majestie being pressed to give some specification of quyteing Episcopacie,—and it being plainly showed that, if his Majesty should labour to mentaine Episcopacie, it would breid a miserable shisme in this Church, and make such a rupture and divisione in this Kingdome as would prove incurable; and if his Majestie would let the Kirk and Countrie be freed of them, his Majestie would receave as heartie and duetifull obedience as ever Prince receaved of a people;—his Majestie answered, he would not prelimite and forstall his voice; but he had appoynted a free Assemblie, which might judge of ecclesiasticall matters, the constitutions whereof he should ratifie in the ensuing Parliament.

* * * * *

1639.—July 1.

58. _Proclamation of the Assemblie to be held in August._[221]

Apud Halyrudhous, primo Julii 1639.
Sederunt, &c.

Forsameikle as the Kings most Sacred Majestie, by his Graceous proclamation lately published, of the date the [16] of Junii last, hes beene pleased, out of his pious and religious disposition to the trew religion, and out of his fatherlie care for removeing all feareis and doubtis whilks may arryse in the myndis of his subjectis, and upon diverse great and weightie considerations importing the glorie of God, the peace of the Kirk, and commonweele of the Kingdome, to appoynt and give order that a Generall Assemblie be indicted, kept, and haldin in the Citie of Edinburgh upon the twelff of August next to come, with continowation of dayes: Therefore the Lordes of Secreit Counsel, according to his Majesties warrand and direction given to thame in writt, ordains Letters to be direct, chargeing his Majesties Herauldes to pass and make publication heirof be opin proclamation at the Mercate Croce of Edinburgh, and other places needfull, and to warne all and sundrie Archbishops, Bishops, Commissioners of Kirks, and others having place and voice in the Assemblie, to repaire and addresse themselves to the said Citie of Edinburgh the said twelff day of August nixt to come, and to attend the said Assemblie dureing the tyme thereof, and ay and whil the same be dissolved, and to doe and performe all whilk to thair charge, in sic caises apperteanes, as they will answer in the contrare at their perrel.

Followes his Majesties Missive for warrand of the Act abouewritten.

CHARLES R.—Right trustie, &c. Having, by our Declaration of the date of the 18ᵗʰ of this moneth, signified our pleasure for holding a Generall Assemblie at Edʳ, where we intend to be (God willing) present in person: It is our pleasure that yow meit the said Assemblie, to be halden the twelff day of August nixt in the place aforesaid—causeing warne to that purpose all Archbishops, Bishops, Commissioners of Kirks, and others haveing place and voice in the Assemblie, according to the proclamation made for the indiction of the late pretendit Generall Assemblie at Glasgow, for which these presents sal be your warrand. Wee bid yow fareweille. from our Court at Berwick, the 29ᵗʰ of June 1639.

* * * * *

1639.—July 1.

59. _A Protestation at tht Mercat Croce of Edinburgh, 1 of Julii 1639._[222]

We Noblemen, Barons, Burrowes, Ministers, his Majesties most humble duetifull Subjects, who hes beene his Majesties Supplicants this tyme past, doe, in all humilitie acknowledge, and with most heartie affection receave, that his Majesties most gracious and royall favour, in calling againe a free Assembly and Parliament for the finall settling of this Kirk and Kingdome in a firme Peace, so happily begune, which we earnestlie desire that may be perfyted; desireing also, as becometh his Majesties good Subjects, to joyne in our most earnest endeavours with his Sacred Majestie for the preservation of the liberties and Constitutions of the Kirk in this his Majesties Kingdome, against the Usurpatione who have proven enemies to religion, to his Majesties honour, and which may import the violation of the oath of God which tyeth us to mentaine the lawfull Assembly holden at Glasgow, wherein it was found, by the Constitutions of this Kirk, that the office of Bishops and Archbishops [who] are now cited to assist (by his Majesties indiction) the ensuing Assemblie; and the Government of the Kirk by them, is abjured and ought to be removed out of this Kirk, and by the publict auctoritie thereof, they themselves is, for their high usurpations, their novations in the worship of God, and uther haynous crymes, joyned with their obstinacie in stopting their eares against the voice of the Kirk, and declyning hir auctoritie, were most solemnlie excommunicat therefor. Least this forme of indiction should interfere against us, the smallest acknowledgement of that pretendit office or government, or any right in the presones to sitt or voice in the Assemblies of the Kirk or derogation to the Sentence of the Kirk, pronounced against them, or to the former protestations made by us; or least it should import the least prejudice to the said full, lawfull, and frie Generall Assembly, which his Majestie, by his Royall word, and holden by us most sure and inviolable, did openly declair to our Commissioners that he would not bidd us disapprove, or pass fra; and was graciouslie pleased, at their humble desires, to cause delait such clauses of his Majesties Declaration as might inferre the acknowledgement of Bishops to their Government: WE, therefore, in our own names, and in name of all who adheres to the Covenant and Generall Assembly, DECLAIR, before God and Man, and PROTEST—

1. That we adhere, and stand oblidged by our former oathes and protestations, to mentaine the late Generall Assembly holden at Glasgow, being undoubtedlie ane most lawfull and free Generall Assemblie; and that all Acts, Sentences, Constitutions, Censures and Proceedings of a full and free Generall Assembly of this Kirk of Scotland, and so have alreadie [had] execution under the ecclesiasticall paines therein mentioned, and conforme thereto in all poynts; and in speciall these sentences of deprivation and excommunication of the some tyme pretended Bishops and Archbishops of this Kingdome.

2. We PROTEST that we doe still continuwallie adhere to our Solemne Covenant with God, according to the Declaration of the Assembly, whereby the office of Bishops and Archbishops is declaired to have beene abjured.

3. We PROTEST that these pretended Bishops and Archbishops who yet usurpes that title and office, abjured by this kirk, are contemners of the sentences of this Kirk, and hes beine malicious incendearies of his Majestie against this kingdome by their wicked calumnies, that if they returne to this kingdome, they be esteemed and used, accursed and delivered over to the Divell, and cutt off from Christs bodie as ethinicks and publicans; and that this present citation import no acknowledgement of them as Members of the Assembly, nor any wayes prejudge the lawfull Acts of the said free Generall Assembly.

4. We PROTEST that all misinformations of the Kings Majestie against his good subjects, and all givers of counsell against the will of the realme, be accuseable and censurable at the next Parliament, according to our former protestations, according to the Act of Parliament King James 4, there mentioned; and that all the subjects of this Kingdome, entertainers and mentainers of excommunicat persons, be orderlie proceeded against with excommunication, conforme to the Acts and Constitutions of this Kirk.

And seeing the Session is now appoynted to sitt doune which tendeth to the prejudice of his Majesties good subjects, and who hath beene so latelie busied in the preparations for the defence of the religion and countrie, that they are now necessarlie reteired to their owne dwellings for settleing their privat effaires, that they cannot be tymouslie advertised to attend any lawfull bussines without greater prejudice than benefite, and that the most parte of the leidges have so secured their evidents that the same cannot be in readines in so short tyme of Session; Therefore, and in respect the downe sitting of the Session cannot be utherwayes legallie intimat to them but upon 40 dayes, whereof there are but 20 dayes to run of the appoynted tyme of this meeting, We _protest_ that all the Members of the Colledge of Justice and all his Majesties Leidges are _in bona fide_ not to attend this Session; but that all Acts, Sentences, Decreits, and Interloquitours to be given and pronounced against them, (if any shall be), are in the selfe null and ineffectuall, sicklyke as the same had not beene given nor pronounced; and protests for remead of law against the same and everie ane of them.

Lastlie, we PROTEST that we may have libertie to amplifie and enlarge this our Protestation, and reasons thereof; whereupon the Earle of Dalhoussie in name of the Noblemen, Sir Wᵐ Ross in name of the Burrows, Mr Andrew Ramsay in name of the Ministers, took Instruments in the hands of the Notars present in the Croce of Edinburgh.

* * * * *

1639.—July 5.

60. _Advice by Hamilton to the King._[223]

To leave all that is past, the Question is briefly; Whether the Assembly and Parliament now indicted is fittest to be held or discharged?

If held, the Success of the Assembly will be the Ratifying of what was done at Glasgow; or if that point be gained, yet certainly most of the Acts that were made there will of new [be] enacted: nor is there any hope to prevent their finding Episcopacy to be abjured by their Covenant, and the Function against the Constitution of their Church.

This will be by the Members of Parliament ratified, and put to the Kings Nagative Voice, and if it be not condescended to by him, it is more than probable, that his Power even in that Court, and in that Place, will be questioned.

If it be discharged, nevertheless the Assembly will be keeped by the Rebels, and the same things done in it by them, and thereafter maintained by the generality of the Kingdom: this consequently will bring alongst with it the certain loss of Civil Authority, and so necessitate the re-establishing the same by Force, or otherwise the desertion of that Kingdom.

So it is to be resolved on, whether it be fit to give way to the Madness of the People, or of new to intend a Kingly Way?

If way be given to what is mentioned, it is to be considered in that case, if the King shall be personally present or not; if not present, who shall be imployed, and how instructed?

If the Kingly Way be taken, what shall be the means to effectuate the intended end; particularly how Money may be levied for the waging of this War, and if that be feisible without a Parliament?

If a Parliament, what the Consequence may prove? So all may be summed up in this; Whether to permit the Abolishing of Episcopacy, the lessening of Kingly Power in Ecclesiastick Affairs, the Establishing Civil Authority in such manner as the Iniquity of the Times will suffer, and to expect better; and what will be the Consequence of this if way be given thereto: or to call a Parliament in England, and leave the event thereof to hazard and their discretions, and in the interim Scotland to the government of the Covenanters?

* * * * *

1639.—July 17.

61. _Private Warrant from King Charles I. to the Marquis of Hamilton, to converse with the Covevanters._[224]

CHARLES R.

We do, by these presents, not only authorise, but require you to use all the means you can with such of the Covenanters as come to Berwick to learn which way they intend the estate of Bishops shall be supplied in Parliament, what our power shall be in ecclesiastical affairs, and what farther their intentions are: for which end you will be necessitated to speak that language which, if you were called to an account for by us, you might suffer for it. These are, therefore, to assure you, and, if need be, hereafter to testify to others, that whatsoever you shall say to them to discover their intentions in these particulars, you shall never be called in question for the same, nor yet it prove anyways prejudicial to you; nay, though you should be accused by any thereupon.

To our Trusty and well-beloved Cousin and
Counsellor, the Marques of Hamilton.

Berwick, July 17, 1639.

* * * * *

1639.—July 27.

62. _Instructions by the King to Traquair as Commissioner._[225]

CHARLES R.

At the first Meeting of the Assembly, before it be brought in dispute who shall preside, you shall appoint him who was Moderator in the last Assembly, to preside in this till a new Moderator be chosen.

We allow that Lay-elders shall be admitted Members of this Assembly; but in case of the Election of Commissioners for Presbyteries the Lay-elders have had Voice, you shall declare against the informality thereof, as also against Lay-elders having voice in Fundamental Points of Religion.

At the first opening of the Assembly, you shall strive to make the Assembly sensible of Our Goodness, that, notwithstanding all that is past, whereby We might justly have been moved not to hearken to their Petitions, yet We have been Graciously pleased to grant a Free General Assembly, and for great and weightie Considerations have commanded the Archbishops and Bishops not to appear at this Assembly.

You shall not make use of the Assessors in publick, except you find you shall be able to carry their having Vote in Assembly.

You shall labour to your uttermost that there be no question made about the last Assembly; and, in case it come to the worst, whatever shall be done in Ratification, or with relation to the former Assembly, Our Will is, that you declare the same to be done as an Act of this Assembly, and that you consent thereunto onely upon these terms, and no ways as having any relation to the former Assembly.

You shall by all means shun the Dispute about Our Power in Assemblies; and if it shall be urged or offered to be disputed whether We have the Negative Voice or the sole power of Indicting, and consequently of Dissolving, except you see clearly that you can carry the same in Our Favours, stop the Dispute; and rather than it be decided against Us, stop the course of the Assembly until We be advertised.

For the better facilitating of Our other Services, and the more peaceable and plausible progress in all Businesses recommended to you, We allow you at any time you shall find most convenient, after the opening of the Assembly, to declare, That, notwithstanding Our Own Inclination, or any other Considerations, We are contented, for Our People’s full satisfaction, to remit Episcopacy and the Estate of Bishops to the Freedom of the Assembly, but so as no respect be had to the Determination of the Point in the last Assembly.

But in giving way to the abolishing of Episcopacy, be careful that it be done without the appearing of any Warrant from the Bishops; and if any offer to appear for them, you are to inquire for their Warrant, and carry the Dispute so, as the Conclusion seem not to be made in prejudice of Episcopacy as unlawful, but onely in satisfaction to the People, for settling the present Disorders, and such other Reasons of State; but herein you must be careful that Our Intentions appear not to any.

You shall labour that Ministers deposed by the last Assembly, or Commissions flowing from them, for no other cause but the subscribing of the Petition or Declinator against the last Assembly, be, upon their Submission to the Determinations of this Assembly, reponed in their own Places; and such other Ministers as are deposed for no other faults, that they be tried of new; and if that cannot be, strive that Commissions may be directed from this Assembly for Trying and Censuring them according to the nature of their Process.

That immediately upon the Conclusion of this Assembly, you indict another at some convenient time, as near the expiring of the Year as you can; and if you find that Aberdeen be not a Place agreeable, let Glasgow be the Place, and if that cannot give content, let it be elsewhere.

The General Assembly is not to meddle with any thing that is Civil, or which formerly hath been established by Act of Parliament, but upon His Majesties special Command or Warrant.

We will not allow of any Commissioners from the Assembly, nor no such Act as may give ground for the continuing of the Tables or Conventicles.

In case Episcopacy be abolished at this Assembly, you are to labour that We may have the power of chusing of so many Ministers as may represent the 14 Bishops in Parliament; or if that cannot be, that 14 others, whom we shall present, be agreed to, with a Power to chuse the Lords of the Articles for the Nobility for this time, untill the Business be further considered upon.

We allow that Episcopacy be abolished, for the Reasons contained in the Articles, and the Covenant 1580, for satisfaction of Our People, be subscribed, provided it be so conceived that thereby Our Subjects be not forced to abjure Episcopacy as a point of Popery, or contrary to God’s Law or the Protestant Religion; but if they require it to be abjured as contrary to the Constitution of the Kirk of Scotland, you are to give way to it rather than to make a Breach.

After all Assembly-business is ended, immediately before Prayers you shall, in the fairest way you can, protest that, in respect of His Majesties Resolution of not coming in Person, and that His Instructions to you were upon short advertisement, whereupon many things may have occurred wherein you have not had His Majesties Pleasure, therefore and for such other Reasons as occasion may furnish, you are to protest that, in case any thing hath escaped you, or hath been condescended upon in this present Assembly, prejudicial to His Majesties Service, that His Majesty may be heard for redress thereof in his own time and place.

We will not allow that, either by the Commissions already granted, nor upon no other Bill or Petition, any part of the burden of the Charges of the last Business be laid upon any of Our good Subjects, who have stood by Us, and have refused to subscribe their Bonds and Covenants.

That you stop the Signatures of the Rights of Kintyre, Abbacy of Dear, Abbacy of Scoon, and generally all Acts in favours of Covenanters, so far as you can, without stopping the ordinary course of Justice; and you are to consider withall how His Majesties Right to any of the aforesaids may be put on foot without making interruption to the present Business in hand.

You shall take a course whereby the Rents of all such Bishopricks as are vacant be detained, and either by Warrant of the Incumbent, or by Demission may be collected; and when any person shall be provided to these Benefices so vacant, Our Will is, that you take the same course with the Rents of these, as by these We do command you to doe with the rest of the Rents of the Bishopricks of Scotland, which is this, to cause draw up a formal Assignation to the whole Rents, Fruits, Customs, &c., belonging to the Bishoprick, whereof they are Bishop, to be subscribed by them to and in Our Favour; upon return whereof to you, you shall give Power and Commission to such Persons as you shall receive, under every one of their Hands, to collect and intromet with the aforesaid Rents of the several Bishopricks, and to deliver and be accomptable to you for the same; and, upon your receipt thereof, you are to issue them out immediately again to the aforesaid Bishops, or any having their Warrant to that effect.

You shall hear the Complaints or Petitions of any of Our Subjects, or against any of Our Subjects, but such as you know to be Sufferers for refusing to joyn with the Covenanters in the Covenanting way; and you shall protect all such Persons by all the fair ways you can, and particularly Sir John Hay and Sir Robert Spottiswood.

If any thing occur either in Civil or Ecclesiastical Judicatory, wherein you have not Our express Will and Pleasure signified unto you, wherein you see clearly Our Royal and Princely Power and Authority prejudiced, We will you to acquaint Us therewith before any Proceeding be made.

You shall pay weekly for defence of Our Castle of Edinburgh an hundred Souldiers at eight pence per diem, besides the English Gunners and Artificers, at the Rates set down by the Marquis of Hamilton. And as for Ruthwen himself, you shall assign him the Rents of the Castle; and you shall likewise keep a competent number of Workmen for completing the Fortifications already begun, and shall withall provide the Castle with 6 moneths Victuals for the foresaid number of Souldiers and other Officers.

And as for Dumbriton, you shall pay for the Defence thereof Souldiers at eight pence per diem, to the number of 40; allowing the Rents and other Customs thereof for paying the Captain and other Officers.

At Berwick, the 27ᵗʰ of July 1639.

* * * * *

1630,—August 6.

63. _Letter from the King to the Archbishop of St Andrews._[226]

CHARLES R.

Right Trusty and Well-beloved Councellour, and Reverend Father in God, We greet you well.

Your Letter, and the rest of the Bishops, (sent by the Elect of Caithnes) to my Lord of Canterbury, hath been shown by him to Us; and after serious Consideration of the Contents thereof, We have thought fit Our Self to return this Answer to you, for Direction according to Our Promise, which you are to communicate to the rest of your Brethren.

We do in part approve of what you have advised concerning the Prorogating of the Assembly and Parliament, and must acknowledge it to be grounded upon Reason enough, were Reason only to be thought on in this Business; but considering the present state of Our Affairs, and what We have promised in the Articles of Pacification, We may not (as We conceive) without great prejudice to Our Self and Service, condescend thereunto; wherefore We are resolved, nay, rather necessitated, to hold the Assembly and Parliament at the time and place appointed. And, for that end, We have nominated the Earl of Traquair Our Commissioner, to whom We have given Instructions, not only how to carry himself at the same, but a Charge also to have a special care of your Lordships, and those of the inferiour Clergy, who have suffered for their Duty to God and Obedience to Our Commands. And We doe hereby assure you, that it shall be still one of Our chiefest Studies, how to rectifie and establish the Government of that Church aright, and to repair your losses, which We desire you to be most confident of.

As for your Meeting to treat of the Affairs of the Church, We do not see at this time how that can be done; for within Our Kingdom of Scotland, We cannot promise you any place of Safety, and in any other of Our Dominions We cannot hold it convenient, all things considered; wherefore We conceive that the best way will be for your Lordships to give in, by way of Protestation or Remonstrance, your Exceptions against this Assembly and Parliament to Our Commissioner, which may be sent by any mean man, so he be Trusty, and deliver it at his entering into the Church; but We would not have it to be either read or argued in this Meeting, where nothing but Partiality is to be expected, but to be represented to Us by him, which We promise to take so in consideration, as becometh a Prince sensible of His Own Interest and Honour, joined with the equity of your Desires; and you may rest secure, that, though perhaps We may give way for the present to that which will be prejudicial both to the Church and Our Own Government, yet We shall not leave thinking, in time, how to remedy both.

We must likewise intimate unto you, that We are so far from conceiving it expedient for you, or any of my Lords of the Clergy, to be present at this Meeting, as We doe absolutely discharge your going thither, and, for your absence, this shall be to you and every one of you a sufficient Warrant. In the interim, your best Course will be to remain in Our Kingdom of England, till such time as you receive Our further Order, where We shall provide for your Subsistence, though not in that measure as We could wish, yet in such a way as you shall not be in want.

Thus you have Our Pleasure briefly signified unto you, which We doubt not but you will take in good part; you cannot but know, that what We doe in this We are necessitated to. So We bid you farewell.

Whitehall, Aug. 6, 1639.

* * * * *

1639.—August 10 & 11.

64. _Declinator by the Scotch Prelates, in obedience to the King’s Letter._[227]

Whereas His Majesty, out of His surpassing Goodness, was pleased to indict another National Assembly for rectifying the present Disorders in the Church, and repealing the Acts concluded in the late pretended Assembly at Glasgow, against all right and reason, charging and commanding in the Archbishops and Bishops of the Church of Scotland, and others that have place therein, to meet at Edinburgh the 12th of August instant, in hopes that, by a peaceable Treaty and Conference, matters should have been brought to a wished Peace and Unity; and that now we perceive all these Hopes disappointed, the Authors of the present Schism and Division proceeding in their wonted courses of Wrong and Violence, as hath appeared in their presumptuous Protestation against the said Indiction, and in the business they have made throughout the Country for electing Ministers and Laicks of their Faction to make up the said Assembly; whereby it is evident that the same or worse effects must needs ensue upon the present Meeting, than were seen to follow the former.

We, therefore, the Under-subscribers, for discharge of our Duties to God and to the Church, committed to our Government, under our Soveraign Lord the Kings Majesty, Protest, as in our former Declinatour, as well for our Selves as in name of the Church of Scotland, and so many as shall adhere to this our Protestation, That the present pretended Assembly be holden and reputed null in Law, as consisting and made up partly of Laical persons that have no Office in the Church of God, partly of refractory, schismatical, and perjured Ministers, that, contrary to their Oaths and Subscriptions, from which no Humane power could absolve them, have filthily resiled, and so made themselves to the present and future Ages most infamous; and that no Churchman be bound to appear before them, nor any Citation, Admonition, Certification, or Act whatsoever, proceeding from the said pretended Meeting, be prejudicial to the Jurisdiction, Liberties, Priviledges, Rents, Possessions, and Benefices belonging to the Church, nor to any Acts of former General Assemblies, Acts of Council, or Parliament made in favours thereof; but to the contrary, That all such Acts and Deeds, and every one of them, are and shall be reputed unjust, partial, and illegal, with all that may follow thereupon. And this our Protestation we humbly desire may be presented to His Majesty, whom we do humbly supplicate, according to the Practice of Christian Emperoeurs in Ancient times, to convene the Clergy of His whole Dominions, for remedying the present Schism and Division, unto whose Judgement and Determination we promise to submit our Selves, and all our Proceedings.

Given under our hands at Morpeth, Berwick, and Holy Island, the tenth and eleventh of August 1639.

Signed,

St Andrews,
Da. Edinburgen,
Jo. Rossen,
Th. Galloway.
Wal. Brechinen,
Ja. Lismoren,
Ad. Aberdon.

* * * * *

1639.—August 20.

65. _Letter from the King to Traquair._[228]

CHARLES R.

Right Trusty,

We have hitherto commanded Hamilton to answer several of your Letters; but that of the 16ᵗʰ of August being of more weight than any of your former, We have thought fit to answer it Our Self.

And whereas you say, that nothing will satisfie them, except _in terminis_ the last Assembly be named and ratified, or that way be given to the discharging Episcopacy as abjured in that Church, as contrary to the Confession of Faith 1580, and the Constitutions of the same, you being yet in some hope, that the word _Abjured_ may be got changed, and that in drawing up the words of the Act it be onely condemned, as contrary to the Constitution of that Church; We in this point leave you to your Instructions, they being full, if you consider what We have said concerning Episcopacy, and subscribing the Confession of Faith 1580: We thinking it fit to declare hereupon unto you, that let their Madness be what it will, further than We have declared in Our Instructions in these points, We will not go.

For the Service-book and Book of the Canons, though We have been and are content it be discharged; yet We will never give Our Voice nor Assent, that they be condemned as containing divers Heads of Popery and Superstition. In like manner, though We have been and are content, that the High Commission be discharged; yet We will never acknowledge that it is without Law, or destructive to the Civil and Ecclesiastical Judicatories of that Our Kingdom, nor that the Five Articles of Perth, though discharged with Our Approbation, be condemned as contrary to the foresaid Confession. As concerning the late Assemblies, We cannot give Our Consent to have them declared null, since they were so notoriously Our Father (of Happy Memory) His Acts: It seeming strange, that We having condescended to the taking away all these things that they complained of, which were done in those Assemblies, they will not be content therewith, without laying an Apersion on Our Fathers Actions. Wherefore if the Assembly will in despite of your Endeavours conclude contrary to this, you are to Protest against their Proceedings in these points, and be sure not to ratifie them in Parliament.

Concerning the yearly indicting of General Assemblies, and the Confession of Faith, We commanded Hamilton in his of the 16ᵗʰ to answer that point to this effect: That We think it infinitely to our Prejudice, that We should consent to tie Our Self for the keeping yearly of their Assemblies, not needing to repeat the Reasons, they being well enough known to you; seeing at Berwick it was conceived upon debate of that Point, that your having Power to indict a a New one within the Year, would save that dispute, which you are by all means to eschew. But if this will not give satisfaction, you are by no means to give your assent to any such Act, nor to ratifie the same in Parliament.

The Article in your Instructions, which is onely, That the Covenant 1580 shall be subscribed, you must have an especial care of, and how you proceed therein: That the Bond be the same which was in Our Fathers time, _mutatis mutandis_; and that you give your Assent no other ways to the Interpretations thereof then may stand with Our future Intentions, well-known to you: nor is the same otherways to be ratified in Parliament.

Thus you have Our Pleasure fully signified in every particular of your Letter, which you will find no ways contrary to Our Resolution taken at Berwick, and Our Instructions given to you there. But if the Madness of Our Subjects be such, that they will not rest satisfied with what We have given you Power and Authority to condescend to, which notwithstanding all their Insolencies We shall allow you to make good to them, We take God to witness, that what Misery soever shall fall to that Country hereafter, it is no fault of Ours, but their own procurement. And hereupon We do command you, that if you cannot compose this Business according to Our Instructions, and what We have now written, that you prorogue the Parliament till the next Spring; and that you think upon some course how you may make publickly known to all Our Subjects, what We had given you Power to condescend to. And because it is not improbable that this way may produce a present Rupture, you are to warn and assist Ruthven for the defence of the Castle of Edinburgh, and to take in general the like care of all Our Houses and Forts in that Kingdom; and likewise to advertise all such who are affected to Our Service, that timously they may secure themselves. And so We bid you heartily farewell.

* * * * *

1639.—August [10, 12,] 30.

66. _Declarations by Traquair as Commissioner._[229]

At a Sederunt of the Privy Council, on 10th August 1639, a Letter from the King (dated 6th) was produced and recorded, intimating the appointment of Traquair as Commissioner to the Assembly and Parliament, in which his Majesty required their Lordships “not onlie to attend at the said Assemblie and Parliament, but to concurre and assist our said Commissioner in ewerie thing may concerne our service, as he sall requyre yow, or communicat with yow frome time to time;” and they, “in all humble obedience, promist to attend at the said Assemblie and Parliament, and to concurre with the said Lord Commissioners Grace in ewerie thing conforme to his Majesties said Letter.” On the 12th of August, his Lordship appeared at another Sederunt of Council, and produced his commission. And, on the 30th of that month, at another sederunt, the Earl of Rothes, and others, as commissioners, appeared in the Council, and gave in a petition and declaration relative to the subscription of the Confession and Covenant, and bearing that the Council would interpone its authority, which was done accordingly. Immediately after, of the same date, there is the following Minute, which we transcribe from the register as important, inasmuch as there is a marginal note adjoined to it in the following terms:—“_Decimo tertio Augusti, 1641. Delatt at Command, and in pretence of the Estaittis of Parliament._” These minutes are essential to the full understanding of the position in which all parties stood at the close of this Assembly, previously to the meeting of Parliament, after various prorogations, in the autumn of 1639.

And sicklyke the forsaid day, the Lord Commissioner desyred of
the Lords of Privie Counsell, that the severall declarations made
and emitted be him, in the Generall Assemblie, might be insert
and registrat in the Books of Privie Counsell, therein to remain
_ad futuram rei memoriam_; quhilk desyre the saidis Lordis fand
reasonable, and have ordaint and ordainis the saids declarations to
be insert and registrat in the Books of Privie Counsell, quherof the
tenor followis:—