Chapter XXXII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (29)

I, Johne Earle of Traquaire, His Majesties Commissioner in this
present Assemblie, Doe, in his Majesties name, Declare, That
notwithstanding of his Majesties owne inclination, and manie other
grave and weightie reasons moveing him, zit suche is his incomparable
goodnes towardes his subjectis of this Kingdome, that for giveing
satisfaction to his people, and for queting of the present
distractions, He doth consent that the Five Articles of Perth,
the Government of the Kirk by Bishops, Civill Places and power of
Kirkmen, be declared unlawfull within this Kirk, as contrare to the
constitutions thereof.

And I doe alwayes hereby declare, that the practice of the premiss,
prohibit within this Kirk and Kingdome, sall neither bind nor inferre
censure agains the practisers outwith the Kingdome. And farder,
declare that the word _occasional_, in the end of the Act of the
date the 17ᵗʰ of this instant, wes not in the draught agreed upon
with me in presence of the Counsell, but was thereafter addit in
the Assemblie, without my knowledge or consent. Farther, I declare,
whatever is allowed be me in this Assemblie, is meirlie and onelie as
ane Act of this Assemblie, without anie respect or relation to the
last pretendit Assemblie at Glasgow.

And becaus that manie things have occurred in the present Assemblie
which may concerne Patronages belonging either to the Crowne,
Bishopricks, or others his Majesties good subjects, as also by
finding Civill Places and power of Kirkmen unlawfull, his Majestie
may be prejudgit in Parliament, and least heirby or by anie other
act, civill power and auctoritie may be wronged by my weaknes, or
not tymelie animadverting thereto, I declare and protest that his
Majestie may be hard for redresse in its owne tyme and place.

And I declare lykewayes, that whatever Commission and Commissions are
direct frome the Assemblie, whiche may import or occasion anie other
meetings or conventions of the subjects then the ordinarie meetings
of Kirk Sessions, Presbiteries, Synods, and suche as are allowed be
the Lawis of this Kingdome, that the same is null and of no effect,
and altogether disassented to by me.

* * * * *

1639.—October 1.

67. _Letter from the King to Traquair._[230]

CHARLES R.

Right Trusty, &c.

Your Letter of September the 27ᵗʰ to Hamilton We have seen, and think fit to return Answer thereunto Our Self; and the rather because We find by yours, that some Points in the former Letter were not so fully expressed, but that you desire more clear Answers. First you say, that in all your Directions it is condescended, that by Act of Assembly Episcopacy should be declared unlawful in this Kirk; and that by all the Capitulations of Agreement, and Instructions given to you, that same is allowed to be ratified in Parliament upon the foresaid terms agreed upon in the Assembly. In this Point We must tell you, that you are much mistaken: for though you have Power for giving way to the Abolition of Episcopacy, as contrary to the Constitutions of the Church of Scotland; yet you will not find either in your Instructions, or any other Direction since sent you, that We have consented to declare the same Unlawful: We making a great difference therein, for many things may be contrary to the Constitutions of a Church, which of themselves are not simply unlawful; for whatsoever is absolutely unlawful in one Church, cannot be lawful in the other of the same Profession of Religion, but there may be many several Constitutions, and yet they all lawful. Therefore if I do acknowledge or consent, That Episcopacy is unlawful in the Church of Scotland, though as you have set it down in your consenting to the Act, the word Unlawful may seem onely to have a relation to the Constitutions of that Kirk; yet the Construction thereof doth run so doubtfully, that it may be probably inferred, That the same Function is acknowledged by Us to be unlawful in any other Churches in Our Dominions. Therefore as we totally disapprove of your consenting to the word Unlawful, as well to the Function, as Civil Places and Power of Churchmen, in the Act of the General Assembly: so We absolutely command you not to ratifie the same in these terms in the Parliament, but onely as contrary to the Constitutions of that Kirk; and to declare, that We ratifie this Act meerly for the Peace of the Land, though otherwise in Our Own Judgment We neither hold it convenient nor fitting; which you are to declare at the Ratifying of the same. And for the rest of your Declaration in the Assembly, to be registered in the Books of Council, for brevities sake We send you herewith a Copy of the same, as likewise that of the Covenant, interlined in those places which We disapprove of, and conceive to be the contrary to your Instructions, and some other Directions.

As We have formerly written to you, We cannot consent to the rescinding any Acts of Parliament made in favour of Episcopacy; nor do We conceive that Our refusal to abolish those Acts is contradictory to what We have consented to, or to that we was obliged to: there is less danger in discovering any future Intentions of Ours, or at the best letting them guess at the same, than if We should permit the rescinding those Acts of Parliament, which Our Father with so much expence of Time and Industry established, and which may hereafter be of so great use to Us. And though it should perhaps cast all loose, (as you express;) yet We take God to witness, We have permitted them to doe many things in this Assembly, for establishing of Peace, contrary to Our Own Judgment. And if on this point a Rupture happen, We cannot help it; the fault is on their own part, which one day they may smart for. So you have in this Point Our full Resolution.

We likewise wrote formerly to you, that We thought it not fit at this time, that the Power of the Lords of the Articles should be defined, and that you are to avoid the same, and to be sure not to consent thereunto. Now your last Letter gives Us ground to repeat the same again, and to declare to you, that We remain in Our former Opinion.

And whereas you say, that it is to no purpose to vex Us with all the indiscreet and mad Propositions that are made, since they go about not onely to reform all pretended Abuses, of what nature soever, but to constitute and define the Power of all Judicatories from the highest to the lowest, and that you are like to agree in few or none of the General Acts: If you find, that what We have commanded you to doe is likely to cause a Rupture, their impertinent Motions give you a fair occasion to make it appear to the World, that We have condescended to all matters which can be pretended to concern Conscience and Religion; and that now they aim at nothing but the Overthrow of Royal Authority, contrary to all their Professions, which We can neither with Honour nor Safety suffer. And therefore We hope and expect, that if a Rupture happen, you will make this appear to be the cause thereof, and not Religion, which you know not onely to be true, but must see it will be of great advantage to Us, and therefore must be seriously intended by you.

We have no Directions of new to give you, concerning the Marquis of Huntley, Sir Donald Mackdonald, or any others to whom Malice is carried for their Zeal for Our Service, but again recommend them to your care.

What hath past betwixt your self and the Earl of Argyle, We have heard nothing of; but We are easily induced to believe, that what you wrote of his undutiful Carriage is true, and that you will easily make it appear, to which We will give no unwilling Ear.

Thus you have your last Letter answered, with what for the present and on such a sudden hath come into Our thoughts: and so We bid you Farewell.

Whitehall, Octob. 1, 1639.

* * * * *

68. _Roll of the Members of the General Assembly_—1639.

The EARL OF TRAQUAIR, _Commissioner_.

Mr DAVID DICK, _Moderator_.

The following Roll is incomplete—the only copy of it that we have been able to discover, being defective. It is in the repositories of the Church; and several folios of the MS. in which it is written are torn off. We give the fragment, however, as we find it, as an index to the class of persons of which the Assembly was composed.

* * * * *

_Presbytery of Hamilton._

Maister James Johnstoune, M. at Stenhous.
Mr Johne Herriot, M. at Blantyre.
R. Elder, Robert Hammaltoune of Mylneburne.

_P. Lanerke._

Mr Williame Livingstoune, M. at Lanerk.
Mr Alexʳ Somervell, M. at Dolfingtowne.
Mr Richard Inglis, M. at Nobstoune.
Elder, Mr Williame Bailzie of Lamingtowne.

_B. Lanerke._

Gideon Jacke, Bailzie.

_P. St Androis._

Mr Andrew Auchenleck, M. at Largo.
Mr James Bruce, M. at Kingsbarns.
Mr George Hammiltowne, M. at Newburne.
R. Elder, John Lord Sinclare.

_B. St Androis._

James Sword.

_Universitie of St Androis._

Mr David Forrett, ane of the Mʳs of the auld
Colledge

_Burghe of Carreill._

_______ Hammiltowne, Bailzie.

_Burl. of Kilreny._

Thomas Sympsone, Towne Clerk.

_B. Anstruther, Eister._

Williame Hammiltoune, Burges.

_B. Anstruther, Wester._

Joʰ Tullois, Clerke.

_B. of Pettinweyme._

James Airthe, Commone Clerke.

_P. Cowper._

Mr John MᶜGill, M. at
Mr Wᵐ Bennett, M. at Monimell.
Mr Walter Grege, M. at Balmerinoche.
John Lord Lyndesay, R. Elder.

_B. of Cowper._

George Jamesoune, Merchand.

_P. Kirkaldie._

Mr Robᵗ Douglas, M. at Kirkaldie.
Mr Fredrick Carmichaell, M. at Kenway.
Mr Robert Cranstoune, M. at Scoone.
R. Elder, Johne Erle of Rothes.

_B. of Kirkaldie._

John Williamsoune, Burges.

_B. Dysart._

David Sympsone of Montorpie.

_B. Kinghorne._

Mr Robert Cunnynghame, Burges.

_B. Bruntiling._

George Gairne, Bailzie.

_P. Dumfermling._

Mr Johne Row, M. at Carnoke.
Mr Johne Duncane, M. at Culros.
Mr James Sibbet, M. at Torrie.
R. Elder, Robert Lord Burley.

_Brughe of Dumfermling._

James Reid, Provest.

_B. Culros._

George Bruce of Carnoke.

_B. Innerkeithnie._

______ Marke.

_P. Dumblane._

Mr Henrie Livingston, M. at Kippen.
Mr Androw Reid, M. at Tillicultrie.
Mr Wᵐ Edmonstone, M. at Kilmadock.
R. Elder, Sir George Stirling of Kers, Knigᵗ

_P. of Achterarder._

Mr George Muschett, M. at Donyng.
Mr James Row, M. at Muthill.
Mr John Erskine, M. at Achterarder.
R. Elder, Mr George Grahame of Inchbrakie.

_P. of Perth._

Mr Robert Murray, M. at Methvene.
Mr John Robertsone, M. at Perthe.
Mr Alexʳ Petrie, M. at Rind.
R. Elder, Johne Moncreiff, Laird of Moncreiff.

_B. of Perth._

James Dundie, Bailzie.

_P. Dunkeld._

Mr William Menzies, M. at Kenmuir.
Mr John Andersone, M. at Curygale.
Mr Johne Strachane, M. at
Ruling Elder, Mungow Campbell, fear of Lawreis.

_P. Meigill._

Mr George Somer, M. at Megill.
Mr George Halyburtowne, M. at Glenyllay.
Elder, James Lord Cowper.

_P. Dundie._

Mr Androw Wood, M. at Monyfurthe.
Mr John Robertsone, M. at Ocherhous.
R. Elder, David Grahame of Fintrye.

_B. of Dundye._

James Fletcher, Provest.

_P. Forfar._

Mr John Lyndsay, M. Aberlemno.
Mr Silvester Lamy, M. at Slanes.
Mr Alexʳ Kinningmont, M. at Kilmaur.
R. Elder, James Lyone of Albar,

_Burᵗ of Farfar._

David Hunter, Provest.

_P. Brecken._

Mr Johne Weymes.
Mr James Crightowne.
Mr Lawrence Skinner,
R. Elder, James Erie of Montrois.

_B. Brichen._

Robert Dempster.

_B. Montrois._

Johne Gorgeine, Bailzie.

_P. Arbrothe._

Mr Alexʳ Inglis, at St Vigeanes.
R. Elder, Johne Auchterlony of Corme.

_B. Arbrothe._

Mr George Inglis, Burges.

_P. Merins._

Mr James Reid, M. at Abernethe.
Mr Androw Mylne, at Fitteresse.
Mr Alexʳ Sympsone, M. at Canvath.
R. Elder, Sir Robert Grahame of Morphy.

_P. Aberdeine._

Mr David Lyndsay, M. at Balhelvie.
Mr Androw Abercrommy, M. at Fentry.
R. Elder, Johne Erle of Kinghorne.

_Universitie of Aberdiene._

* * * *

_B. of Aberdeine._

* * * *

_P. Deer._

Mr James Martene, M. at Peterhead.
Mr Wᵐ Forbes, M. at Fraserbrugh.
Mr Wᵐ Jafray. M. at Acth riddel.
R. Elder, George Blair of Auchmedden.

_P. Alfuird._

Mr Androw Strachan, M. at Tillinessel.
Mr Wᵐ Davidstoune, M. at Kildrumy.
Mr Robᵗ Scheine, M. at Forbes.
R. Elder, Mr James Forbes of Hamiltowne.

_P. Eilon._

Mr Wᵐ Strachan, M. Muthlick.
R. Elder, William Setoune of Shithine.

_P. Turroff._

Mr Thomas Mitchell, M. at Turroff.
Mr George Sharpe, M. at Shyve.
R. Elder, Charles Erle of Dumfermling.

_P. Kinkarne._

Mr Robert Forbes, M. at Eight.
R. Elder, Wᵐ Forbes, fear of Corsindell.

_P. Garroche._

Mr William Wedderburne, M. at Buthelne.
R. Elder, John Erskine of Balbeardy.

_P. Fordyce._

Mr Alexʳ Seatoune, M. at Banffe.
R. Elder, Sir Alexʳ Abercrombie, Knyᵗ.

_B. of Coulen._

George Hempsyd, Bailzie.

_B. of Bampfe._

Androw Baird.

_B. Elgyne._

Mr John Dowglas.

_P. Elgyne._

Mr Gawine Dumbar, M. at Alnes.
Mr Alexʳ Spence, at Briney.
R. Elder, Thomas MᶜKenzie, of Pluscardy.

_P. Aberlowr._

Mr Joⁿ Weymes, M. at Rothes.

R. Elder, Walter Innes.

_P. Strabogie._

Mr Wᵐ Mylne, M. at Glasse.
R. Elder, Patrick Gibsone.

_P. Forres._

Mr Patrick Tulloche, M. at Forres.
Mr Joⁿ Brodie, M. at Auldyrne.
Mr Wᵐ Falconer, M. at Dycke.
R. Elder, Pa. Campbell of Bothe.

_B. Forres._

Mr Johne Dumbar.

_P. Innernes._

Mr James Vaiss; M. at Croy.
Mr Wᵐ Frisell, M. at Canvel.
Ruling Elder, Mr James Campbell of Moy,

_B. Innernes._

Duncan Forbes, of Coulloden, Burges.

_P. Chanrie._

Mr George Monro, M. at Sidney.
Mr Gilbert Murray, M. at Tain.
Mr David Ros, M. at Logie.
R. Elder, Walter Innes, of Innerbrekie.

_B. Tain._

Thomas MᶜCulloche, Bailzie.

_P. Dingwall._

Mr David Monro, M. at Killairne.
Mr Murdoche MᶜKenzie, M. at Contane.
R. Elder, Sir Johne MᶜKenzie, of Tarbat.

_P. Dornoche, in Sutherland._

Mr Alexʳ Monro, M. at Dornoche.
Mr William Gray, M. at Clyne.
Mr George Sutherland, M. at Rogard.
R. Elder, George Gordowne, brother to the Erle of Sutherland.

_P. Thurso, in Kaithnes._

Mr George Lesslie, M. in Bower.
R. Elder, Johne Maister, of Birrindaill,

_B. of Wick._

* * * *

_P. Shetland._

Mr William Umphray, M. at Brassay.

=Report of the Proceedings=

of

THE LATE GENERALL ASSEMBLY,

Indicted by the Kings Majestie, and Holden at Edinburgh, the 12 of
August, 1639. THE EARLE of TRAQUAIR, Commissioner for the Kings
Majestie, 1639.[231]

_A Sermon preached by the Reverend Mr Alex. Hendersone, before the
sitting doune of the Gen. Assembly begun the_ 12 _of August_, 1639.

THE PREFACE.

We have now found an accesse to a Throne of Grace, and I pray God that these that are assembled here together to get this worke crowned, may first labour to get these two thinges removed:—first, the conscience of our guiltinesse; alace, there are none that decernes or considers their sinnes! One thing should move our hearts—that the commons of the land are so ignorant that they know not God, and from that proceeds such wickednes. If pastors had beene more diligent in instructing, this Church had had a better face ere now: 2, Our weaknesse stayes as a mountaine, and we cannot climb unless we be helped. There is no remeadie but the brightnes of His mercie, that he would discipat this cloud; and no remeadie for our weaknes but the power of his might. Let us therefore begg the same in the name of Jesus.

_The text, Acts 5, 33 verse, to the end._

Now when they heard it, they burst for anger and consulted to slay
them.

Then stood there up in the Councell a certaine Pharisie named
Gamaliel, a Doctor of the Law, honoured of all the people, and
commanded to put the Apostles furth for a little space, and said—Men
of Israell, take head to yourselves, what ye intend to do touching
these men, &c.

The words that were spoken by Peter and the other Apostles, could give no just cause of provocation to the adversaries; for in their doctrine they insisted upon two innocent points: ane was faith in Christ—that since the Lord whom they crucified was now exalted to be a prince, that therefore they might believe in him and get remission of sinnes; and the other was obedience—they ought to obey God rather than man. Yet they resolved to kill them; and had done so, if the Lord had not raised up a man to save them, and he prevailed, that their furie was layed, wherein the Apostles rejoyced and doubled their zeale.

There is four particulars in the text very considerable: 1, The bad effects the Apostles preaching had in the peoples hearts. 2, The meane that God did use in saving of his servands. 3, The unjust proceedings of the adversaries. 4. The disposition and diligence of the Apostles, that ceased not; whereby you learne that oftentymes it comes to passe, that men in authoritie are provoked against religion. Whether in obedience to God, or in the tryell of their faith, yet the Lord hes many wayes to serve his aune children; and the end shall be joy to the Saints and advancement to the Gospell.

Let us returne to the first, [which] was the bad effects of the preaching, and that was twofold: ane in their hearts, another in their heads. They were cutt to the heart. The word is borrowed fra the cutting of a sword or saw. In the 7 Acts it is said, “they gnashed with their teethe;” and in the 2 Acts, 37, its said, “they were pricked in their hearts.” We find another effect, but its different. The ane and the other are verie like. 11 Rom, 8 v., he calles the spirit of slumber, the spirit of compunction. The godly have a pricking, and the wicked have a pricking, as in the place 2 Acts, 37, they were pricked and took councell; but they goe to them that wounded them, but they do not so here, but would slay them. The word of God hes very different effects in the godlie and the wicked. 1 Rev. 16, its like a two-edged sword; and 4 Heb., lyvelie and mighty in operation. It either pricks or cutts; its either a word to cure thee or to kill thee.

The Ministers of Christ, although they be other wayes of no reputation, yet if they could handle his sword aright, it should wound. The children of God, when they are wounded, should beare it patientlie: they are wounded because of their sin—the other because they cannot committ sin. So the ane prepaires for Christ, the other for destruction. The ane shall end in health, the other in woe. And it may seeme very strange, that all this tyme we should never have heard of a Letter from our Prelats that have beene wounded with the sworde.

Men and brethren, I will not insist in their guiltinesse; but we can say no more of them but what the text sayeth—which is, “they tooke councell to kill us.” And now we come to the councell they resolved to slay them. Counsell is good and excellent; neither hath it beene derogatorie to authoritie; for, as Solomon sayeth, “In councell there is stabilitie.” Them matters that are not agitat by councell are tossed upon fantacy. As Solomon felt the benefite of using it, so Rehoboam found the evill of not using it; first, because it was young; secondlie, because it was violent. Consider the councell of our adversaries. It was very violent; but it had not the other, for the men wanted not their yeares; yet they had this violence. They had another bad qualitie to supplie that, and this yow may learne from the 17 v. Many of them were Sadduces and so unmeit to be councellors; for in the 23 Acts, yow see they beleeve not the resurrection; and where such unbelievers and councellours are, their sentence will be, “cutt the throat of Church and Commonwealth.” They care not what violence they use to get preferment—but especially Kirkmen that are Sadduces; what crueltie shall be exercised by them—but especiallie when they are given over to the divell. Ministers, when they fall, are like angells that are divells. No men in Scripture are called divells but ministers; so they become incarnat divells. Give God thanks and his Majestie that hes given us this day to meet together; and no thanks to them, that either yow are hearing or I am preaching to yow.

Followes the meane—- the second thing—which was the man that spocke, and his speache. The man was a Pharisie. Next, he was learned, and a Doctor of Divinitie; for his good pairts of reputation, naturallie and politicallie wise; and upon such grounds, that he convinces them all. And further, he seemes to be a peaceable man, and does what he can to save innocent blood. But there was ane thing wanting—that was in Christ, and love to the word. 22 Acts, it is said, Paul was brought up at the feet of Gamaliell. As was the schollar, so was his master. He was ignorant, and so a persecutour. There is more requyred for the accomplishment of a man than the gifts of the mynd, which this man seemes to have. A mans natural pairts are like a vesture of gold; and the gifts of grace, are like the precious stones; but this faith is like a precious diamond in the middle—incomparably greater in worth. Judge of kings according to their qualitie. The best of these, beside the great jewall, are given to the wicked and to the godlie, and are bestowed on them for other mens good, and not for their owne: but this propper to thyselfe and for thyselfe, and this jewall shall make thee rich, and it concernes none more then ministers. It is requyred of ministers that they should be learned, and in reputation with the people; wise, peaceablie disposed, and learned—διδαπτιποι; although they cannot come to eminent, yet competent knowledge—1 Titus 5—to exhort, and comfort, and convince the enemy; not like these men that hes instruments—sheares and tubbes to cutt off the wool and to carry their milk away; but no care to feede them. I say they should be furnished with all thinges, both outwardlie and inwardlie; and it is a pittle that we have not a Lebanon for tries to grow in—a professour here and a professour there. All the planting will soone be destroyed, and there be not a place for them. We are all crying for good ministers to have a care of the good plants. That is not learning to read a sermon, or to spoil it in the telling. It is a pittie those that boasts so should be so vaine, and as great a pittie that we have not sound divinitie. Many gets other mens preachings, and these that are learned should be given to such alterculatiouns yet and although thow were als learned as Gamaliell, and thow have no more, thow art not to be a minister of Christ. Yow know what entertainment the Apostles gott at Athens: they mocked them. A man that hes a learned head and a graceles heart, he is unmeit for Christs worke. Let us joyne both together. Of all men that ever I was acquainted with, I saw none so prophane as ministers. What was good in this man let us stryve to outmatch it; and what he wanted, let us labour to have our soules filled with the love of Christ, and thinke more of grace then learning.

Before I come to his speach, see not onlie Gods mercies, but also Gods providence. He uses his providence which his wisdome had designed; and there is two pieces of his providence here seene: ane was first, the Lord brought them back from the doores of death when their soul was, as it were, in their hand; secondlie, by such a meane as they could not dreame of; and these two are very ordinarie with the Lord. When yow are in extremitie, he shewes himselfe and in such wayes, and we may truelie say, he hes done so with us—that when Episcopacie was deeplie rooted, even then God would cutt it downe. Wherefore doeth the Lord so? Answer, For three reasons—first, that when the Lord comes in extremitie, that his hand may be declaired, and he get the greater glorie—33 Isai 9. Lebanon is ashamed and cutt downe; secondlie, for the further confusion of the enemies—Obadiah 3, whose habitation is in the high rockes, who sayes in their hearts, who shall bring me down to the ground? thirdly, for our encouragement and our posteritie after us, that we should onlie put our confidence in Him who is only able to helpe us.

Now we come to the speach itselfe; wherin, first, take notice of his intention—restraine! He was a wise man, and knew no good would follow if they were harmed. He knew the Romans would be angrie, and that the people had a good likeing to them. This was a good and peaceable intention, though not a pure and pious; if he had any ayme to Gods glorie and to the gospell of Christ, it had been good. I make no question there is enough among us that have peaceable desires and laudable intentions; but more is requyred. Let us labour to have pious intentions, not only to have the present troubles settled. If it shall soone breake foorthe againe, see what is agrieable to his will, _iste est malus qui suæ causæ bonus_, that is, good only for himselfe. Let us beseeche the Lord that we may have hearts to seeke his honour and the enlargement of Christs kingdome.

Now for his argument. I would have yow refraine from these men. If it be of God, it will come to passe. This argument had its owne weaknes. If it be of men it should be hindred; of God it should be furthered—Thes. 3—should have putt them to tryall. We will not passe what is commendable in him. He proceeds on a good ground—if of men to be rejected; if of God, to be received. 25 Matth. 25.—The baptism of John, was it from Heaven or of men? 4 Ephes.—Try the spirits whether they be of men or God. It was the perpetuall doctrine of the Prophets—“Thus saith the Lord:” and Paul saith, “That which I receaved doe I delyver.” Those that are disciples must be believers—not what man saith; first, that it is true in matters internall, but not in matters externall. Moses, when he is appoynted to build the tabernacle, he gets his directions. Solomon, when he built the temple, had his warrant from David; and least they thinke Solomons warrant not to be sufficient, Ezeehia had his warrand according to the commandement of David. O, but you will say, its not so in the New Testament: there is not so many ceremonies. Its a pitifull thing we will not acknowledge that which we are not ignorant of, distinguishe betweene multitude and number of ceremonies. They had many: we have fewer. Shall we thinke we have not so great light as they that were to put ane aspersion on Christ? Let us stryve to learne what Gods will is. When it is of God, receive it; but when of men, reject it. Many ceremonies have exercised the Church of God many tymes, and especiallie that of the governement of the Kirk: and there is twa causes that hinders the decyding of it—first, the hudge judgement of God upon the congregations, and so puts Gods servands to tryell. The second cause is the avarice of Churchmen. So long as their avarice lasts there is no end of Episcopacie. Thirdly, becaus we doe not examine what kynd of governement Christ gave. The question of government is not _juris_ but _facti_. Why? Is that agreeable with reason and civill governement? No. But, _de facto_, what gqvernement Christ hath established. Ane office that is _jure divino_, should be established; but if it be ane office of man, it ought to be rejected. This great Doctor teacheth us that when God fights against man, he shall prevaile; but when man fights against God, they shall be found fighting against him. 11 Gen.—The builders of Babel—the Lord made every ane of them that they knew not what another said. This was an easie thing to the Lord: and so the worke was interrupted in building. The Lord is wonderfull in building and bringing downe Babel. Great opposition was made against Joseph by his brethren, and great opposition against David; yet Gods councell behoved to stand. What opposition was made against Joseph by his brethren, and great opposition against David; yet Gods councell behoved to stand. What opposition was made against Gods people in Egypt, in bringing them out of Egypt; yet they behoved to come foorth; and yow know great opposition hes beene used against this worke be the wicked. But yet, blessed be God, it hath proclaimed itself through the land.

He brought in two instances to prove that the worke of man will come to noght—ane of Thewdas—he was ane that conceaved himselfe to be a prophet, but a false ane; and Judas, he would have desuaded the people from giving that duetie to the civile magistrat that they ought to have done; and there were sects that followed them. The errours of religion commonlie springes either from the spirit of Thewdas, which is a spirit of fantasie; the other is the spirit of rebellion; and that’s not of God neither.

Consider, although they be the manie, yet there is more lykewayes, as there are spirits contrare to the spirit of Thewdas, and this is the spirit of Pharoah—who said, “who is the Lord that I should serve him?” and that is Atheisme. The other is contrare to Judas, and that is Herods, that runnes to flattery, and gives man that that appertains to God.

As Atheisme is ane abomination before God, so is rebellion and flattery. The true reformed religion abhorres disobedience, and gives to Cæsar that which is Cæsars: and sure we professe a harmles religion. I would exhort you to it, 2 Kings, 1, To the course of faith which abhorres godlesnes and vaine conceipts of men. I am now pleading for the innocencie of religion. Ye know what our adversaries have printed against us; that we are guiltie of many crymes and trickes, and that we have made people to fayne themselves inspired with the spirit of divination, which is against Gods trueth. The second thing is the course of obedience. There was never a greater friend to Kings then Christ. There is no question now about Juda of Gallilees part, whether we should pay tax or not; neither of that inward reverence to princes, or that respect we carry to him. I wishe his owne prayers were never heard that doeth not heartillie pray for his Majestie. But the question is, What is his part in religion and matters ecclesiasticall? It is both said and printed, that I should have spocken much that my fellow-brethren and the rest of the Covenanters would not allow of. First, I said and say, that Royall inspection belongs to Kings over Kirk matters, and that the King was supreme Bischop of all this Kingdome. Now, my adversarie thinkes I made him a Kirkman. I am ignorant, but not so. As for the head of the Kirk we acknowledge none but Christ; and for the other, _Episcopus_ is a name that is als weill propper to a civile magistrat as spiritual: Therefore Constantine saith, _vos estis Episcopi intra, ego extra_. Nixt, that he is _custos utriusque tabulæ_. Vindication belongs unto him who carries the sword of sanction and coerction and convocation of Synods, as now this present Generall Assembly is conveined; and as he conveines, soe its said, examines them. If he find anything against the word of God, he should reject it. Thus I speake not of a negative voice his Majestie hath. And now I have shewen yow the particulars I have beine taxed upon, hoping this honourable Assembly will farther consider of it; and now I come to speake ane word to your Commissioners Grace who represents his Majestie.

(The speache to the Commissioners Grace, which is the conclusion of the sermon.)

As for your Grace his Majesties Commissioner, we beseech yow to see that Cæsar have his owne; but let not Cæsar have what is due to God and belongs to him. God hes exalted your Grace to many high places within these few yeares, and more especiallie now. Be thankfull, and labour to exalt Christs throne. Some are exalted like Haman—some like Mordicai. And I pray God these good pairts the Lord hes endued yow withall, yow may use them aright, as the Israelites, when they came out of Egypt, did give all their silver and gold for building of the tabernacle. I tell your Grace yow must be comptable for all your actions, especiallie in these publict bussinesses. And to yow, right honourable and right worshipfull members of this Assembly, goe on in your zeale constantlie. Surelie it shall be refreshment to yow and your children, that yow should have lived when the light of the Gospell was almost extinguished, and now to see it quickened againe.

After all these troubles, with a holy moderation, goe on; for zeale is a good servant but ane ill master; like a schippe that hes a full saill and wants a ruther.

We have need of Christian prudence; for ye know what ill speeches owr adversaries have made upon us. Let it be seene to his Majestie, that this governement can very weill stand with a monarchical governement. Hereby we shall gaine his Majesties favour, and God shall get the glorie; to whom be praise for ever and ever.—AMEN.

FINIS.

_The Proceedings of the late Solemne Assembly, holden at Edinburgh 12 of August 1639._

Mr Alexʳ Hendersones Speache.

Surely so many of us as consider any thing of the wayes of God toward us, and the conscience of our owne guiltinesse, may verily say, its of the mercies of God that we are not consumed: ffor we deserve no lesse than that. The Lord had mercie on us, and brought us ance togither before, after many defections and grosse backslydings, and vouchsafed the testimony of his divine presence very sensiblie upon us, which should never be forgotten of us whilst we live. This is another mercie that the Lord hath been pleased, after so many troubles and tempests, hazarding all church and kingdome, familie, persone, and estates, that he should grant us this calme and comfortable day to meete in, and that we have his libertie, under the protection of our sacred Soveraigne, the Kings Majestie. And now when we are assembled together, and hath all thinges externall in libertie and freedome, without any apparent danger for ought that we know, is there no more adoe? Yea truelie: though all the worthiest of this kingdome were here assembled, (as I thinke a great pairt of them be,) yet if the Lord do not vouchsafe his presence upon us, our meeting shall be in vaine, and better it had beene for us not to have mett. Therefore let us request the Lord to remove these illes farre from us, that hath deserved he should desert us; and that he may looke comfortablie upon us, and that our soules may rejoyce in his presence, we may have matter of praise to render to him, and matter of comfort to our soules and the establishment of peace to this kirk and kingdome.

After in calling upon the name of God, the Moderatour desyred these that were authorized with commissions from Presbyteries, Universities, and other incorporations, to produce the same.

John, Earle of Traquair, Commissioner for the Kings Majestie.

The name of the Commissioners from Presbitries, Burghes, and Universities, as followes, &c. [Not inserted in M.S.]

After the production of the several commissions, the Kings Commissioner desyred that the tyme of their meeting might be condiscendit upon; and whether it were convenient to have two sessions a day or not?

It was thought expedient to meete tomorrow at ten o’clocke, and that tomorrow there should be but one sessione, and thereafter to be taken to the Assemblies consideration, if convenientlie two sessions could be keipt.

Mr John Robertsone, and Mr Robert Murray appoynted to nominat some ministers to preache all the weake, and to give their names tomorrow.

Sess. 2.—_Hora Decima._

August 13, 1639.

After in calling upon the name of God, the Kings Majesties Commissioner produced the Commission, which being red in face of the Assembly, the Commissioner his Grace desyred it might be insert in the Bookes of the Assembly, the tenor whereof followeth—“Carolus, Dei Gratia,” &c.

The Commissioners Grace declaired, that howsoever there was in him great weaknes and insufficiencie for so weightie a charge, yet he hoped that he should make knowen unto the Assembly his Majesties grace and goodnes in that ingenuous way as should give satisfactione to all, and that not in a superficiall and complimentary way; but since his Master had honoured him so farre, he desyred that (though his weaknes, for want of experience, might make him sometymes silent when it was fitting to speake, and other tymes to speake out of purpos,) the goodnes and wisdome of the reverend members might supplie his inlakes.

The Moderatour answered—There is none of us can bragg of our experience, becaus of the want of Assemblies this long tyme agoe; but we hope within twenty yeares our experience shall be greater.

Moderatour said—Please your Grace, the antient and laudable custome of Assemblies hath beene, that he that was Moderatour of the last Assemblie should propose a list of names, of the which number a new Moderatour may be chosen.

The Commissioner answered—I perceive no prejudice in that forme, since ye allow that if my Master have anything to say against these or to add to them.

The Moderatour craved libertie before the list was red to preface thus much—that since it was not possible to put all the worthies that were present on a list, therefore no man would take any offence.

_The List of the Names for a Moderatour._

Mr Wᵐ Livingstoun,
Mr David Dick,[232]
Mr James Bonar,
Mr Andro Cant,
Mr Alexander Somervell.

The Moderatour asked the Commissioner, if his Grace had any thing to except against these, or if his Grace had any other whom he would adde to them?

The Commissioner answered—I have so charitable, yea, so Christian an opinion, that I believe none can come heir but with the intention and resolution that yow have so often expressed, looking to nothing but to Gods glorie and next to the Kings honour. Not that I have prejudice against any that are here—surely none—but considering my Masters directions are so faire and so plaine, that I believe, as he intends nothing but settleing of trueth and freeing us of feares that we might be possessed with, either for novation in religion or lawes: so I believe, yea I expect and am confident, that everie man that comes heir resolves to carry himselfe with that integritie as in the eyes of God, to whom they must make answer; and as standing to doe that duetie which in the second parte belongs to our graceous Soveraigne: for myselfe, I may know some men by acquaintance, and thereupon may have opinion; but I attest God I have no prejudice against these on the list, nor any that are here; yet I desire that yow yourselfe Moderatour may be both added to the list and may be Moderatour still; and this I desire for no other end but because I believe it may contribute much to the worke in hand. Howsoever, I submitt myselfe to the judgement of the rest.

The Moderatour answered—If your Grace had continowed in the last Assemblie, your Grace might have seene as much of my weaknes made manifest at that tyme as should have beene a sufficient prevention of listing me at this tyme. I trust I shall not neid to speake much. I have enough if I be prest with it, whereby I shall make it manifest to this whole meeting, that I cannot be continowed in this place.

The Commissioner said—I doe insist in this for no other end truelie but that I have alreadie said. Since I am requyred to delyver my opinion, I may doe it upon my knowledge; and I doubt nothing but if the gifts and worthe of many reverend men who are here were knowen unto me, but it might be I should voice with them; but truely, by my insisting for this, I feir I wrang the end I goe about, and I know not weill how to expresse myselfe in it, and safe myselfe from seeming to give ground of feires of that I seeke to eschue, to witt, that I am free of prejudice. Alwayes I name the Moderatour for no other end (as God shall save me) but becaus I thinke him both ane honest man and ane able man, and I thinke this doeth nather establische a constancie of Moderatours nor open a doore to it; for though our Judgments doe now find yow to be the man whom we inclyne to, yet since it is not the freedome of voiceing, I thinke yow have no more interest in it then any upon the list; and if I now urging this as a priviledge due to my Master, or if I were urging that my nominating of ane should make the Moderatour, it were much; but let everie Member of the Assemblie consider of it, and of everie readie way to facilitat this matter in hand; for if I knew any man so able to supplie that roume as the Moderatour, certainlie I should name him.

The Moderatour answered—By your Graces Speache, some may take great advantage to thinke that your Grace doeth contradict his Majesties late Declaration;[233] becaus its said there, yow may verie well judge what could be wiselie done in that Assembly when they had such an ignorant Moderatour: and now your Grace giving me such a large testimonie, doeth directlie contradict his Majesties printed Declaration. But I correct myselfe. I trust it shall be found not to be his Majesties Declaration.

The Commissioner answered this with silence.

The Moderatour after added—We have great reason to blesse our God and to give humble and heartie thankes to the Kings Majestie for this peaceable and free Assemblie; but we have so many jealousies upon the Usurpation of the Prelats in tyme past, that in trueth at the very first we scarre and are so affrayed, that we darre not meddle with any thing of that kynd. It savours of a constant Moderatour—the first step of Episcopacie; and, in trueth, I have not a mynd to be a Bishop.

Ye might have bein ane.

It was questioned if the former Moderatour could be ane in the new list?

Mr John Row said he had seene Assemblies this 5O yeares, and, to his judgement, he never saw it that the Moderatour of the former Assemblie was put on the list with these that were to be Moderatour the next Assemblie; nevertheless, it was instanced out of the Assemblie Bookes, that the same Moderatour have been sometymes continued Moderatour of the next Assemblie.

It was condescendit upon that Mr Alexʳ Hendersone should be added to the list. The list was read and the rolles called, and Mr David Dick was chosen Moderatour by the farr greatest part of the voices, who after the acknowledgement of his owne weaknes imbraced the office; and having a calling from God and the honourable Assembly. Mr Alexʳ Henrysone, randering most heartie thankes to the Assemblie for their charitable construction of his weaknes, and wishing that no man should faygne any abilitie unto himselfe, dimitted his place.

_Mr David Dick, Moderatour, his Speach._

The Moderatour, at his first entrie to the place, had this preface. This is more than we durst have craved of God, if we had looked to our oune deserving; but since it hath beene His Majesties pleasure who rules heaven and earth, to looke upon our Gracious King; and move his heart to grant this freedome, we have reasone all of us to acknowledge Gods mercie to his Majestie and to us, and to acknowledge his Majesties goodnes, and to make verie welcome your Grace who is to represent his Majestie; and I trust this Assembly will allow me verie weill to give thankes to the Moderatour who served in this roume last, who, whatsoever you thought or said, God magnified himselfe in yow, and made your honestie and the caus in your hand cleare to many; and to those to whom ye were most calumniat, so that both the Kings Commissioner and Councell have seene that yow have beene seeking God onlie, and no other thing—and the Lord bless yow! Now, as the Commissioner spacke verie fitlie that jealousies and suspitions would be farr away, becaus they are contrare to the designes professed by His Majestie, and whereof we have this evidence; and contrare to the designes of ws ministers, who ought to be ministers of peace, ayming at nothing but Gods glorie and the weill of his Church: Therefore let us labour by all meanes to get owr hearts single; becaus in so doing owr God will helpe us. And first, to thinke of overtures, how we may extirpat all grounds of suspition and jealousie which might be in brethrens hearts, becaus of the differences of judgments about the discipline of the Church, and that ceremonies that she has beene troubled with, may be turned in perpetuall oblivion. And seeing there is in us ane mynd and heart toward God and peace, let us think upon some overtures, how we may open the bosome of this Kirk to all these who are penitent, or in any measure sensible of their misdeservings, (no these who deserves most expected, if the Lord gives them repentance), seeing we are these who professed ourselves to be men seeking God, trueth, and peace. Yea thirdlie, let us give evidence that we are single hearted toward these that are of a contrare religion, and that we have no mynd to insnare them, or handle them so as their owne consciences, upon their owne grounds could say, considering our rules, but rather how we shall get them informed of their scruples, heard, attendit, and waited upon, and by all meanes their mynds brought to this poynt of conviction that they know nothing but God and their owne salvation, and all in a very moderat maner.

_The Tryell of the Commissions._

After this the Assembly proceidit to the tryell and examination of the Commissions; and the Moderatour desyred that if the Commissioner his Grace, or any Member of the Assembly had anything to object against the validitie or formalitie of the Commissions, that they would make declaration of the same.

[Commissioner] answered—I believe I shall be glad that there shall be few contrare opinions—yea, few contests anent the election of Commissioners at this tyme, and such is my gracious Masters desyre to have everie thing caried in a fair, calm, and peaceable way at this Assembly; for all his commands runnes thus, that in anything that should concerne him, I should give good example and begin, so that though I might object severall informalities, yet so desyrous is our Master of peace, that I only remonstrat it to yow to take it to your consideration. And for me, surely it shall be a very great informalitie which shall make me interrupt so good a worke.

The Moderatour said—We are glad to heare from your Grace expressions of peaceable intentions; yet becaus something of that kinde may reflex upon our proceeding, therefore we should be glad to heare your Grace name these exceptions; for we desyre not to be pardoned in a thing wherein we may be mended; if there be reason to approve them, let them be approven; and if there be reason to cast them, let them be casten.

The Commissioner said—I conceave there are grounds to cast elections—as, for example, I conceave that, in the choosing of Commissioners from Presbitries or Presbitrie, if it appeare that there have been moe Lay Elders then Ministers, I should not think it formall. Secondlie, if there be a Commissioner chosen where he never had his residence, and, consequentlie, where he is not ane Elder, I thinke it not formall. Thirdly, if any man be chosen Lay Elder, and yet not chosen Commissioner from that place where he is Elder, I think it not formall. Fourthlie, if a man be chosen laick Elder in ane place, and after reside in another place and be chosen there, I thinke that not formall. Fifthlie, if a man be a rebell and at the Kings horne, I cannot thinke his electione formall. These and many other of this kynde doe I represent unto your consideratione.

The Moderatour answered—Please your Grace: It wer a spending of lang tyme to dispute the question in generall. But if it please your Grace, either by yourselfe or by any other, to nominat these Commissioners against whom the exception is, and in their persone to dispute the question, and so either admit them upon reason or reject them upon reason; ffor we professe we will tollerat no man against whom there is a just exception wherefore he should not heare be a Commissioner: therefore, when it comes to the particular, let the exception be nominat, and it shall be purged some way or els the man removed: therefore, if there be any within this house who hes any thing to object against the formalitie of the election of Commissioners, let them declair the same; utherwayes we will hold our silence for ane approbation of all.

After the Commissioners wer approven by the whole Assembly,

The Moderatour said—The Assemblie is now constitut and the Members found perfyte: The Lord give a blessing unto it! Therefore, if your Grace have any thing to say, it is now a fullie constitut Assembly, and the Judicatorie sett.

The Commissioner answered—I did not expect so great expedition; but I am glad that yow take to your wise consideration all meanes that may facilitat so good a worke; and since, as I was saying, in generall I am to communicat his Majesties mynd to this Assembly, which I hope shall give satisfactione to all, I must first communicat to some in privat, that so it may be the better digested for publict audience; therefore I desire that any thing materiall may be forborne this day, and that if there be any matter of lesse importance, they may now be dispatched. To the which the Assembly acquiesced.

The Moderatour craved, that, in respect he was put upon the toppe of the bussinesse, and made the mouthe of the Assembly, that whatsoever might contribute to the good of the worke, they would not only all be willing in generall but in speciall, to communicat to his assistance as a servant of the house, and, for that end, that libertie might be granted to him to joyne some assessours to himselfe, as, namely, the Earles Argyle, Rothes, Eglintoun, Montrois, my Lord Lowdoun: Ministers—Mr Alexʳ Henrysone, Androw Ramsay, Harry Rollock, John Ker, David Lindsay, Robert Douglas, William Livingstone: Commissioners or laick Elders—the Lairds of Haughtone, Moncreiff, Auldbarre, Wedderburne.

This was refeused to be past in Act; but the Assembly granted to the Moderatour to crave their assistance in privat, with the Commissioner his Graces consent.

The Assembly, for the greater facilitating of bussines, did appoynt a Commission for receaving of Billes that were to be given in to the Assembly, namely: Ministers—Masters David Lindsay, Robert Douglas, Andro Fleck, William Jamesone, Frederick Carmichell, David Monro, George Leslie: Elders—the Earle of Cassilles, my Lord Burlie, my Lord Johnstoun, Lairds of Fentrie, Keir, Dundas, Provest of Dumbartoun.

Item, another Commission for reportes of references from the last Assembly: Ministers—Mr John Robertsone, Robert Murrey, James Edmestoune, Alexʳ Petrie, Thomas Mitchell, &c.

The Assembly, with consent of the Commissioners Grace, did condescend, becaus of the shortnes of tyme betwixt and the ensuing Parliament, that there should be two Sessions a day—the first at 9 a clock—the second at 3 a clock in the afternoone, and the sermon to goe in at 7 a clock in the morning.

Sessio 3.—August 14, 1639.

After in calling upon the name of God, the Moderatour asked the Commissioner if his Grace had any thing to say to this Assembly?