Chapter XL: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (37)

That His Majesty would be Graciously pleased to command, that the last Acts of Parliament may be published in his Highness’s Name, as our Soveraign Lord, with the Estates of Parliament convened by His Majesties Authority; Next, That the Castle of Edinburgh, and other strengths of the Kingdom of Scotland, may, according to the first foundation, be furnished and used for our Defence and Security; Thirdly, That our Countrymen in his Majesties Dominions of England and Ireland may be free from Censure for subscribing the Covenant, and be no more pressed with Oaths and Subscriptions unwarranted by our Laws, and contrary to their National Oath and Covenant approved by His Majesty; Fourthly, That the Common Incendiaries, who have been the Authors of this Combustion in His Majesties Dominions, may receive their Just Censure; Fifthly, That our Ships and our Goods, with all the Damage thereof, may be restored; Sixthly, That the Wrongs, Losses, and Charges, which at this time we have sustained, may be repayed; Seventhly, That the Declarations made against us as Traytors may be recalled, and in end, by advice and consent of the Estates of England convened in Parliament, His Majesty may be pleased to remove the Garrisons from the Borders, and any Impediment that may stop free Trade, and with their advice may condescend to all Particulars, which may establish a stable and well-grounded Peace, for enjoying of our Religion and Liberties, against all fears of molestation and undoing from year to year, as our Adversaries shall take the advantage. This Royal testimony of His Majesties Justice and Goodness, we would esteem to be doubled upon us, were it speedily bestowed, and therefore must crave leave to regrate, that His Majesties Pleasure concerning the Meeting of the Peers the 24ᵗʰ of this Instant, will make the time long ere the Parliament be convened, which is conceived to be the only mean of settling both Nations in a firm Peace, and which we desire may be seriously represented to His Majesties Royal thoughts; the more this time is abridged, the more able will we be to obey His Majesties Prohibition of not advancing with our Arms, Our Actions, and whole comportment since the beginning of these Commotions, and especially of late since our coming into England, are Real Declarations of our love, and desire of Peace: nothing but invincible necessity hath brought us from our Country to this Place, no other thing shall draw us beyond the limits appointed by His Majesty; which we trust His Majesty will consider of, and wherein we hope your Lordship will labour to be a profitable Instrument for the Kings Honour, the Good of your Country, and of

Your Lordships humble Servants,
and affectionate Friends,

Scots-Leager at New-Castle,
Sept. 8ᵗʰ 1640.

A. Lesly,
Rothes,
Cassils,
Montrose,
Dumfermline,
Lindsay,
Lowdon,
Napier.
Tho. Hope,
W. Rickartoun,
J. Smith,
P. Hepburn,
D. Home,
Keir,
Ja. Sword.

1640.—September 24.

6. _Letter from the Earl of Lanerick appointing a Treaty._[273]

MY LORDS,

According to His Majesties appointment, the most part of the Peers of this Kingdom of England met here at York this day, where His Majesty did communicate unto them your Desires and Petitions; and because you do so earnestly press for a speedy Answer, His Majesty, with advice of the Peers, hath nominated such a number of them for a Conference with you upon Tuesday at Northallerton, whose names are underwritten. But withall if you shall think the time too short, and that with conveniency you cannot come so soon thither, if betwixt this and Sunday you do acquaint His Majesty therewith, he will take Order for the delay thereof, for one day or two.

And that you may without all fear or Danger of Detention, send such Persons unto the said Conference as you shall think most fit, if betwixt this and Sunday you send hither the Names of these you mean to imploy, His Majesty will with all possible diligence return a safe conduct under his own Royal Hand, for them and their necessary Servants.

His Majesty hath likewise commanded me to let you know, that upon your relieving of such Officers, and others of His Subjects, as are detained by you, he will return all such of yours as are his Prisoners, either here or at Berwick; and hereafter resolves, that fair Quarters should be kept betwixt both Armies. Thus having imparted His Majesties Pleasure, I continue

Your Lordships Servant,

LANERICK.

York, 24ᵗʰ of September,
1640.

1640.—October 16.

7. _Articles agreed on for the Maintenance of the Scots Army._[274]

1. First, That the Scotch Army, now lying in the Counties of Northumberland, Bishoprick of Durham, and Town of Newcastle, shall have for a competent maintenance, the summ of £850 per diem, being the sum before agreed on by the Counties; and that the payment thereof shall begin upon the 16th of October, and to continue for two Months, in case the Treaty shall so long last; which payment to be made weekly upon the Friday of every Week, the first Friday being the twenty-third day to be for the payment of the Week past.

2. The dayes of the returning of the Army to be numbred, within the dayes of the allowed maintenance.

3. That the Scotch Army shall content themselves with the aforesaid maintenance, and shall neither molest Papists, Prelates, nor their adherents, nor any other persons of whatsoever quality, during the time of payment, but shall keep themselves free of all other Taxes and Plunderings not only during their abode, but in their returns, and such security as is usual shall be given for the performance of the same, and this to be ordered upon the condition of the Treaty.

4. That the Inhabitants of the said Counties shall also have liberty to return peaceably to their own dwellings, and shall be refused no Courtesie, it being alwayes presupposed that the fit Lodging of their Army shall be allowed.

5. That the Army be furnished with Coals in a Regular way, and not at the pleasure of the Souldiers, which is especially recommended to the care of the Scotch Commissioners.

6. That there be a provision of Forrage at the prices to be set down in a Table, which must also contain the particular prices of all sort of Victuals, and other necessaries for the Army, to be indifferently agreed upon by persons nominated on both sides.

7. That the Sea-Ports be opened, and there be free Trade and Commerce by Sea and Land, as in the time of Peace; with this Proviso, that with the Victuals, no Armes nor Ammunition be imported into Newcastle, or any Harbour of England, and this Free Trade and Commerce to be presently intimated, and not to be interrupted, but upon the warning of three Months, that there may be a sufficient time allowed for Ships to return, and for the disposing of their Commodities.

8. That the Victuals and other Necessaries for the Army be free of Custome; And that his Majesties Custome of Coals, and other Ware, be left free to be levyed by his own Officers.

9. That all restraints be removed, and that there be a freedem to furnish necessaries for both Armies, in such sort as is agreed on by the Articles, and liberty be granted for Milling, Brewing, Baking, and other things of that kind.

10. That the Arrears be completely paid to Octob. 16, and that such rents as are anticipate, and not yet due, be allowed in the Arrears.

11. That there be a Cessation of Armes, according to the particulars to be agreed upon.

12. As for securing the summ of £850 per diem above specified, there is a Committee appointed by the Great Council of the Peers, who have power to Treat with Northumberland, the Bishoprick of Durham, Newcastle, and (if need require) with other adjacent Counties, that there may be a real performance of what is agreed on by us: And for that we find many Difficulties of raising the Contribution out of the Counties of Northumberland, the Bishoprick, and Town of Newcastle, we have thought fit and necessary to add unto them the Counties of Cumberland and Westmoreland, to assist towards the said Contribution according to their abilities.

13. And further, the Lords will before their going from York settle a Committee who shall have charge to see the Contribution orderly raised and paid; and that there shall likewise be a Committee nominated of the Lords Commissioners, to whom either the Scotch Commissioners may address, or the Committees of the Countrey may Weekly give an Accompt of the carriage of the business. And that from thence there may further Order be given for the due performance of that which is promised.

Signed

_Bedford_,
_Bristol_,
_Holland_,
_Berkshire_,
_Ed. Mandevile_,
_Ph. Wharton_,
_Ro. Brook_,
_J. Paulet_,
_Ed. Howard_,
_Fr. Dunsemore_,
Dumfermling,
Lowdon,
Patrick Hepburne,
W. Douglass,
J. Smith,
William Wedderbourn,
Alex. Henderson,
Wᵐ [Archᵈ] Johnston.

1640.—October 26.

8. _Articles agreed on concerning the Cessation of Arms betwixt the English and Scottish Commmissioners at Rippon, the 26th day of October 1640._[275]

1. That there be a Cessation of Arms both by Sea and Land, from this present.

2. That all Acts of Hostility do henceforth cease.

3. That both parties shall peaceably retain, during the Treaty, whatsoever they possess at the time of the Cessation.

4. That all such persons who live in any of his Majesties Forts, beyond the River of Tees, shall not exempt their Lands which lye within the Counties of Northumberland and the Bishoprick from such Contribution, as shall be laid upon them for the payment of the £850 a day.

5. That none of the Kings Forces upon the other side of Tees, shall give any impediment to such Contributions as are already allowed for the Competency of the Scotch Army, and shall take no Victuals out of the bounds, except that which the Inhabitants and Owners thereof shall bring voluntarily to them: And that any restraint or detention of Victuals, Cattle, and Forrage which shall be made by the Scots within those bounds for their better maintenance, shall be no breach.

6. That no recruits shall be brought unto either Army from the time of the Cessation, and during the Treaty.

7. That the Contribution of £850 a day shall be only raised out of the Counties of Northumberland, the Bishoprick, Town of Newcastle, Cumberland, and Westmoreland; that the not payment thereof shall be no breach of the Treaty; but the Counties and Town so failing, it shall be left to the Scotch power to raise the same, but not to exceed the summ agreed upon, unless it be for the charges of driving to be set by the Commissioners of the Forrage.

8. That the River of Tees shall be the bounds of both Armies, excepting always the Town and Castle of Stockton, and the Village of Eggscliffe: And that the Counties of Northumberland and the Bishoprick of Durham be the Limits, within the which the Scottish Army is to reside; saving alwayes Liberty for them to send such Convoyes, as shall be necessary for the gathering up only of the Contributions which shall be unpaid by the Counties of Westmoreland and Cumberland.

9. If any persons commit any private Insolencies, it shall be no breach of the Treaty, if (upon Complaint made by either party) reparation and punishment be granted.

10. If Victuals be desired upon that price which shall be agreed upon, and ready Money offered for the same, and refused, it shall be no breach of the Cessation, to take such Victuals, paying such price.

11. No new Fortifications be made during the Treaty against either party.

12. That the Subjects of both Kingdoms, may in their Trade and Commerce freely pass to and fro, without any Pass at all; but that it be particularly provided, that no member of either Army shall pass without a formal Pass under the hand of the General, or of him that commandeth in Chief.

_Bedford_,
_Bristoll_,
_Holland_,
_Berkshire_,
_Ed. Mandevile_,
_Ph. Wharton_,
_Ro. Brook_
_J. Paulett_,
_Ed. Howard_,
_F. Dunsmore_,
Dunfermeling,
Lowdon,
Patrick Hepburne,
William Douglass,
J. Smith,
William Wedderburn,
Alex. Henderson,
Wᵐ [Archᵈ] Johnstown.

1641.—April 24.

9. _Letter from the Earl of Strafford to the Marquis of Hamilton._[276]

MAY IT PLEASE YOUR LORDSHIP,

Hitherto I judged it not fit to endanger your Lordship by any Intelligence betwixt us, which might have turned much to your prejudice, in a time when the World is in so much mis-understanding of me; but now be your Lordship pleased, to admit me to resort to your noble Expressions and former Friendship, that I may carry forth of the Court with me the belief and tokens of it.

It is told me, that the Lords are inclinable to preserve my Life and Family, for which their generous Compassions, the great God of Mercy will reward them: and surely should I die upon this Evidence, I had much rather be the Sufferer than the Judge.

All that I shall desire from your Lordship is, that devested of all Publique Imployment, I may be admitted to go home to my own private Fortune, there to attend my own Domestick Affairs, and Education of my Children, with as little asperity of words or marks of Infamy, as possibly the Nobleness and Justice of my Friends can procure for me, with a Liberty to follow my own occasions, as I shall find best for my self.

This is no unreasonable thing I trust to desire, all considered that may be said in my case, (for I vow my fault that should justly draw any heavy Sentence on me, I yet do not see:) yet this much obtained will abundantly satisfie a Mind hasting fast to quiet, and a Body broken with afflictions and infirmities. And as I shall take myself highly bound to any that shall further me therein, so I more particularly desire to receive an obligation therein from your Lordship than from others, as being purposed in the truth of my former Professions, to express my self

Your Lordships humbly to be Commanded,

STRAFFORD.

Tower, 24ᵗʰ of April, 1641.

1641.

10. _Principal Baillie’s Journal of the General Assembly, 1641, in a Letter to the Rev. William Spang._[277]

COUSIN,

Since your last, the 1st of August, you have received two of mine, and this is a third—if virtue were in length—worth any six of yours.

The carriage of our assembly was this. Since the assembly of Aberdeen there was a continual heartburning betwixt the favourers of Mr Harry Guthrie and Leckie; as in my discourse of that assembly you may see I foretold. As I came from London through Edinburgh, I found the misunderstanding so great, that I advised Argyle to take notice of it in time; and when Mr Archibald Johnston came home, I wrote to him to draw to him some of the parties for advisement how to preveen discord. For all that I could do, at my coming to Edinburgh on Saturday, July 17, I found Leckie, and many that favoured him, peremptor, not only to accuse Mr Harry Guthrie, but to have the Acts of Aberdeen about meetings and read prayers cancelled. They were much galled with the slanders went upon them, for the abusers of privy meetings, and other things falsely fathered on them. On the other part, Mr Harry, and many with him, were no less resolute to defend all that passed in Aberdeen, and to have sharp censures concluded in the next assembly against all that were for novations, not approven by our Church. With these minds went too many to St Andrew’s, as if it had been a place of combat. Our only remedy against such scandalous debates were our prayers to God, which carefully were offered the Sabbath before we came from home, in a solemn humiliation for a blessing to the ensuing assembly. This labour, we found, was not for nought; for at once we found the good hand of God with us above expectation.

The King had sent his warrant to Lord Weems to sit, with as ample a commission as either Hamilton or Traquair. His Majesty intended this service for Southesk, by Traquair’s advice, who yet had too great hand in affairs; but Mr Henderson diverted the King from that man, towards whom the country had so evil an eye. For what special respects Weems fell to be next, I do not know; however, the modesty and simplicity of the man made him displeasing to none. When we came to St Andrew’s, our first perplexity was about a moderator. Mr Henderson was passionately desired in so hard a time; but there was no certainty of his presence. Mr Harry Rollock, on whom the voices would have fallen next, had of purpose absented himself. The rest who were met were esteemed so far engaged to the question to be debated. Judge then what strait of men was there, when the like of me, who to this day had declined to moderate a presbytery, was shored to be leeted for to moderate a general assembly. Yet, after much secret advisement with the Commissioner, on Monday, with much ado, that difficulty was overcome.

1. On Tuesday, the 20th, the first day of our assembly, the last moderator, Mr Andrew Ramsay, preached the 122d psalm. According to his way, he went over it all. The first day of our assembly is appointed for fasting and humiliation. Of this disposition there was not so much this day among us as needed. After sermon we met in the Old College-hall. Mr Andrew prayed; the commissions were received by Mr Archibald Johnston; many of the commissioners were members of parliament; divers others also, upon the certain expectation of the assembly’s translation to Edinburgh, had not come over. His Grace’s commission in Latin was read; one clause thereof importing, at the Commissioner’s advice, the assembly’s translation, was demurred on by the clerk, as intruding on the assembly’s liberties; yet it was not publickly questioned. A letter from his Majesty to the assembly, so full of grace and favour as we could have wished, was read. The answering of it was laid on Mr David Lindsay of Belhelvie. His draught in the end of Edinburgh assembly was read: but it was so long and luxuriant, that Mr Henderson was caused to make that short, decised, and nervous answer.

The parliament had sent over a commissioner to us, one from ilk estate, Cassils, Auldbar, Provost of Dysart, intreating, without any prescription, that in regard many of them were members of the assembly, could not, without detriment to the publick, attend at St Andrew’s, we would be pleased to enter in no weighty action, especially in chusing a moderator, wherein they desired to have voice, before we returned to Edinburgh. In the translation there was no difficulty; but in the delay to chuse a moderator, the difficulty was huge. The most thought the assembly could not be constitute, and so was incapable to perform any act, let be so great a one as a translation, before a moderator was chosen. Some leading men, who would have had the moderation to themselves, or to those who favoured their intentions, urged a present election. The matter was remitted to the next session; wherein, to our great comfort, it was determined with far greater ease than any expected. Many of us thinking the delay impossible to be obtained, had concluded to voice for James Bonner; yet to-morrow, the earnestness of the commissioners from the parliament, the clerk finding in the register some such old practique, the certain hopes of Mr Henderson’s near return, his Grace permitting the matter to our own option, whilkas before some about him made him declare oft, that that delay would legally evacuate his commission; Mr David Dalgleish, overcoming in boldness his good friend Mr Harry Guthrie, stoutly reasoning the sufficient formality of continuing by voices the old moderator, _ad hune actum_, to transfer, and to chuse a new moderator in the beginning of the translated assembly, by plurality of voices it was clearly carried. We took that for a certain presage of God’s assistance in all subsequent purposes.

The next session was appointed to be held at Edinburgh, the 27th. No more but a supplication of D. Harry Reid, wherein he complained, that after his long service in the kirk and divinity-schools, he had been made to demit his place, by threats, in his extreme old age and poverty. The case was very invidious, and reflected much on his colleagues in the town and New college. The matter, I heard, was, that he, as principal, had given warrant for lifting the New-college rents, whiles to a wicked knave his son, whiles to D. Panter, and others; so that no count could be made by him of much money. Mr S. Rutherford, I think, caused complain of this to the estates when we were at London. They sent over Newton and William Ridge, rigorous enough, either to get account of him, or to lay him in ward. Upon the fear of this evil, he offered to demit his place; and his demission was taken, reserving 500 merits a-year to him for his entertainment. When his petition came to be considered in Edinburgh, his good friend Mr Henderson guided it so, that with a great deal of commendation to the old man, large as great, I am sure, as he ever deserved, it was voiced, that his demission should be rendered to him; that, according to the acts of our old assemblies anent failed ministers or professors, he should all his lifetime enjoy his full rent and honour, without any diminution.

When we came back to Edinburgh, to our great joy we found Mr Henderson and Mr Gillespie come home. That week was spent in privy consultations for accommodating the feared differences. Argyle and Cassils drew together in Loudon’s chamber the ministers of Edinburgh, Mess. Dick, Blair, Rutherford, Cant, me, and some others. All the ministers of Edinburgh were chafed at their people’s carriage towards them. They would have been at the simple discharge of all privy meetings, but those of a family; and for this the act of Aberdeen was alledged by them, and many moe: for this the other part would have had that act recalled or exponed. I marvelled much of both their forgetting the meaning and occasion of that act, set down at length to you in my letters. Then it was at last agreed, that Aberdeen act should be altogether miskent; that a draught should be made for ordering these meetings now in question. The paper drawn up by Mr Henderson the 10th of June, which pleased all well, that I had conferred with both, misliked the ministers of Edinburgh, and above all Mr D. Calderwood could not abide it. The clause in it of the number, which I liked best, did most mislike them; they alledged the permitting of any to meet, in the smallest numbers, was an establishing by an act the thing itself. Many meetings there were for little purpose. It was appointed, that Mr Dickson and Mr Blair should meet with Mr Henderson and Mr Will. Colvil, and set down their minds. Their draught was long, and too general. It was laid again on Mr David Dickson, with whom he pleased, to write down his mind. That form also did not please. At last Mr Henderson essayed it. His model liked us best; yet Mr D. Calderwood started mightily at it. We desired him to dite what he pleased; notwithstanding we were all refreshed with a certain hope of a solid agreement; for Mr Dickson and Mr Blair, and the rest who were suspected of innovating, purged themselves fully of all such intentions, and were ready to receive any of the models any had proponed. And being posed, what was their minds anent all the novations? Mr Andrew Ramsay could enumerate such as omitting, Glory to the Father, kneeling in the pulpit, discountenancing real prayers, &c. They gave answer satisfactory, that betwixt us and them there was no discrepance at all. At last Mr Henderson fell on that model, which thereafter was voiced and printed. This happy concord, whereof Argyle and Henderson were happy instruments, will, we trust, be a great blessing to the whole land, which every where began to be fashed with idle toys.

On Tuesday, July 27th, we met before noon in the Grayfriars. After prayer, Mr Andrew Fairfoul required, that his commission should be given to Mr Henderson, in regard that the presbytery had chosen Mr Andrew Ramsay, Mr Andrew Pollock, [Henry Rollock,] and Mr Alex. Henderson, if he should be present, and him only in case of Mr Henderson’s absence. So, albeit Mr John Adamson had, at his own hand, put in his own name in the commission at the first meeting in St Andrew’s, and had voiced there as commissioner; yet Mr Henderson being now present, he required to be free of the burden, which he had undertaken only in case of his absence. While the matter is going to voicing, Mr Calderwood, albeit no commissioner, reasoned very passionately, that Mr Henderson was incapable of a commission. In this Mr Henderson seconded him. Always, when it came to voicing, Mr Henderson’s commission was unanimously received. The next question was about a new leet for a new moderator. The old fashion was, that the former moderator leeted whom he would, and the assembly added whom they pleased. An overture had passed at Aberdeen, that every provincial synod should have one of their number to be on the leets for moderator, one to be on the committee of bills, one for the reports, and one for the overtures. The Northlandmen pressed much to have it so; but it was found unreasonable; and that overture not being an act, and not being booked was rejected. Yet they got Belhelvie added to the leet which Mr Andrew gave in. Mr Henderson declared earnestly against the burden of moderation; yet the most of the votes fell on him. The nobles were for Mr Henry Rollock, some for Bonner, some for Belhevie, none at all for Adamson, Dalgleish, Somervel, Blackhall. No more was done in that session; only Argyle told us, that the parliament was content to have but one session a-day, and that in the afternoon, hoping the assembly would be pleased to make but one session also, and that in the forenoon, that so the commissioners might get both assembly and parliament attended. This was agreed to.

Wednesday the 28th. The moderator read the overtures which I had drawn up, and were enacted at Aberdeen, for ordering of the house. He pressed them all; yet, through negligence to exact them, thereafter we fell at once into our old misorders. Always we hope that the exact order the parliament has now taken for ruling their house, will make us, ere long, follow their good example. He read also a list of names for the committees of bills and reports. Now for the overtures; Till those of Aberdeen were considered, very hardly would he permit any to be added to those of his own number. For assessors to himself, he shewed he would advertise privily those whom most he needed. Four were named to appoint preachers for all the churches, in which Mr James Bonner, my good friend, being chief, by his favour I got myself shifted of that burthen, as in all this assembly I did what I could to hold myself quiet, and well near mute. Mr Calderwood fell on again impertinently, and very peevishly, as if it had been almost a null, an evil-constitute meeting, for being translated without a moderator permanent, and chusing of him for moderator who had no commission. Mr Henderson dealt very patiently and respectfully with him: at last his Grace commanded him silence. The moderator caused read some letters, which were given him in England for the assembly. The first was from a number of our gracious brethren of the ministry at London, and about it, congratulating our happy proceeding, shewing their hopes to get our discipline established there, telling that some of their brethren, who were for independency of congregations, were great hindrances to that design; also that they gave out that some of the most eminent men in the ministry with us, inclined their way. The men they meant by, Mr Henderson told us, were Mr D. Dickson, and Mr Cant; but none in all the assembly were more against independency than these two. The matter, after some days, was voiced: all in one voice rejected that confusion, as contrary directly to our covenant: and appointed Mr Henderson to write a courteous answer to our English brethren; which he did very accurately. If I can, you shall have a copy thereof.

The next was from Mr Durie, for assistance to his negotiation of peace amongst Protestants. While some were beginning to say somewhat to the man’s prejudice, I excused all, so that his motion was received; and it was laid on Mr Andrew Ramsay, Mr Blair, Mr Gillespie, and me, to frame an answer. We left the labour to Mr Blair, who did it well enough, in a fair genteel general, appointing him to keep, when he pleased, correspondence with the ministers of Edinburgh. A third was from D. Sibbald of Aberdeen, supplicating for his books, which at the prior assembly were taken from him. It was granted that he should have all except some of his sermons, whereupon a part of his process was grounded. A fourth was from Mr John Guthrie, Bishop of Murray, supplicating that his place, for a little time more, might be kept for him. It was rejected as unreasonable, and his presbytery appointed to plant his place; yea, order was given, that none who had delayed so long to come in the covenant, should be received, without a singular measure of satisfaction and trial, to be approven by the general assembly. The Moderator fell on a notable motion, of drawing up a Confession of Faith, a Catechism, a Directory for all the parts of the publick worship, and platform of government, wherein possibly England and we might agree. All approved the motion; and thereafter the burden of that labour was laid on the back of the mover, with liberty to vaik from preaching whenever he pleased, and to take help of whom he thought meet. He did not incline to undertake it, yet it will lie on him; and readily in this he may do some good.

Thursday the 29th. The moderators of the committees had no matter prepared for the assembly; so we put off that session with general discourses, especially upon the matter of translation, which had most troubled us in bygone synods, and was like to do so in this also. A committee was appointed to find out overtures for that difficult matter. Lest I should be prejudged, I got it on Lord Eglinton and Mr Robert Barclay. Glasgow also, by their importunity, got on Dr Strang and D. Dickson. The presbytery of Glasgow, it were long to tell you the way how they stifled both Mr Dickson and Mr Ramsay from being commissioners. This was very evil taken by the whole country, and turned over to Glasgow’s prejudice: yet Mr David was used no otherwise by the assembly than if he had been a prime commissioner. This committee did nothing for a day or two, and that, it was publickly complained, because D. Strang and Mr David, for their own interest, marred the rest; so they, and with them my Lord Eglinton and Mr Robert Barclay, were removed from that committee. Thereafter they blocked a number of tolerable overtures; the conclusion whereof was remitted to the next general assembly. The moderator advised the town of Edinburgh, and other prime burrows, to entertain abroad some good spirits, who might be their own, if they proved apt for their service. Also he shewed the expediency of calling home one Mr Thomas Young from England, the author of _Dies Dominicæ_, and of the _Smectymnuus_ for the most part; and of Mr Colvin from Sedan, to whose commendation he spake much. If he has done any thing in private, let us have it, and write what ye know of his abilities. There was a committee appointed to consider the state of our far remote churches of the Isles, of Lochaber, Orkney, and Shetland. Some present course was taken for Lochaber; and it was laid on Mr Robert Blair, and Mr Andrew Afflect, to go in the Spring to visit Arran and some near isles. There was a committee appointed to consider the advancement of the weal of colleges and schools. All their consultations we hope in time will produce good fruits.

Friday, the 30th, came in a number of particular bills; yea, some days thereafter, there came more than 200, for augmentation of stipends, for dividing or changing of churches; all which, without reading, were referred to the parliament; regrets for the enormous sins of the land. The removing of monuments of superstition, from divers parts of the country yet remaining, was recommended to the presbyteries. Mr John Guthrie, Bishop of Murray, sent out of the tolbooth, to the assembly, a supplication to confer with the moderator, and some others. All the subject of his discourse with them, as also of divers conferences he had before with the ministers of Edinburgh, was only a stiff wrangling about the formality of the process of excommunication. He sent in another supplication thereafter for the same end, but was neglected; for he and other of those men, seem to be obdured in perverseness: yet it is like, that if the King and we had settled sure in parliament, there are few of them, if any, but will supplicate to be permitted to do all that shall be prescribed.

Saturday, the 31st, no particular business was handled worth the writing. Aberdeen, in their commission from the general assembly, had met and decerned Mr George Gillespie, then at London, for their town-minister, and Mr Edward Wright for their divinity-professor, in the Marischal college. Mr Gillespie’s cause came then to be handled. His Grace pleaded, that these fifty years he and his people had been vexed with a most weak minister; that he had got Mr George admitted the first in Scotland without the bishops consent. Mr George spake well for himself, that he nor his people were never advertised till the decreet was passed, and divers other things. The dispute was long and hot: it was remitted to the next session. Argyle spake of the regret many ministers made under payment of their stipends, desired the assembly to find overtures for remeid, and promised the parliament would consider what should be proponed.

On Sunday afternoon, before the commissioners, I heard Mr Blair teach very gravely for peace, and abstinence from all such meetings, as in former times had been very profitable, but now were inexpedient, unlawful, and schismatical. This some mistook, but the most took it very well from him. Truly, I bear that man record, that in all his English voyages, in many passages of the assembly, private and publick, he contributed as much to the pacifying of our differences as any, and much more than many. That day a very unhappy accident fell in the hand of a minister, Mr Thomas Lamb, who had been deposed by the blind Bishop of Galloway, for divers quarrels; but he gave it only out for disobedience in ceremonies. The ministers of Edinburgh had obtained for him a church in the presbytery of Peebles. The man had always been of a contentious humour. They say he had struck a man, whereof he died. However his presbytery, for his perverseness and contentions, had suspended him. He had appealed to the general assembly. The committee, on Saturday, had agreed them, and remitted him to the presbytery. On Sunday, after both sermons in Leith, he told Mr James however that he was displeased with that accord, and would complain to the assembly, both of the committee and his presbytery. Immediately going to ease himself among the stuff, a young man to whom the stuff belonged, fell upon him with evil language, taking up his cloak and gloves: after some mutual jarring, when he had got his cloak and gloves again, he fell in some more quarrelling with the young man, and with his whinger struck him, whereof presently he died. He wrote a pitiful supplication to the assembly, to obtain some delay of his execution, till his wife and friends might come to him. This was granted. He obtained easily a letter of Slayans from the party; but we think the Constable will cause execute him; and so much the more because he a minister, on the Sabbath day, had committed that villainy in the time of the assembly and parliament.

Monday, the 2d of August, the parliament sat not, so we had two sessions. The forenoon was taken up with the business of Aberdeen. Mr Andrew Cant laid out Aberdeen’s necessities very pathetically; Mr David Lindsay and Provost Lesly, shewing their proceedings in Mr Gillespie’s election to have been punctually according to the words of their commission. Notwithstanding the moderator, desiring Mr George to stay still in Fife for the use of St Andrew’s, did so state the question, for all the northlandmen could say to the contrary, and notwithstanding also of Argyle’s evident seconding them. His abode at Weems was craved by plurality of voices: yea, when they pressed Mr Edward Wright’s transportation, albeit all that favoured Mr David Dickson did voice for them: yet they lost that cause also, in regard it was manifest before the meeting of that committee, that Mr Edward was admitted to the church of Glasgow, and before his citation to come to that committee, or his knowledge of Aberdeen’s invitation, he was agreed with Glasgow, and had obtained his dismission from the presbytery of Stirling. Mr Robert Ramsay had set the town of Glasgow on that man, whereof I suspect he now repents. The man is learned and blameless, but it is not like Mr David’s way, nor among the most prudent. Factions among that people and presbytery are like to grow. I wish they come not to a shameful hearing, and that quickly, on the occasion of Mr Hugh Blair’s election to that town’s ministry. Sir John Scot’s petition, to have a description of our sheriffdom, by some in every presbytery, to be set before the maps you have in hand, is granted.

In the afternoon Mr Andrew Ker, minister at Carrin, being transported by the provincial synod of Lothian to the burgh of Linlithgow, had appealed to the general assembly. His appeal was voiced null. This preparative made Glasgow too eager to call my cause; but they found the case many ways unlike. At Aberdeen there had been much ado for planting of Inverness. The Laird of Steinson, patron, had presented Mr James Annan. More than the two parts of the parish speaking Irish, obtained Mr Murdoch Macbaine, a bold well-speaking man, to be conjoined to an equal stipend and burden. This equality Mr Murdoch urged, and refused to preach to the Irish congregation, but day about, so every other Sunday they sang dumb. After some days travel, it was thus agreed that a third man should be got to those who had never more than one before to preach in Irish on 500 merks, the town to pay three, the two ministers each to pay one. We being agreed privately, the moderator thought it time to move the question about meetings, and regretted the sinister rumours thereanent. It was remitted to a committee in the moderator’s chamber. After two afternoons’ conference, Mr Henderson fell on the model you have in print. On Wednesday he read it once, twice, thrice. Many required delay to voice till to-morrow, and a copy of the writ. All delay was flatly refused; but any man was permitted to say what he would, if it were to ten at night. Mr Catherwood was impertinent still in his opposition. Mr Harry Guthrie, and those who were in this point, were feared to be more opposite than he had been. All called to the committee, and read at length. Some who craved delay were shortly taken up. Fear of raising and fomenting needless scruples, if that paper had ran a showering through the city, before it had been concluded, made the moderator peremptorily refuse that which is now every day practised in our parliament, and I think were more necessary to be practised in our assembly, except in some few extraordinary cases. The paper that day was voiced, and was unanimously assented unto: yet some voiced it too general and insufficient.

Tuesday, the 3d of August, was taken up with a very captious question of your good friend Sir John Scot. He had promised to Mr Mungo Law, second minister at Dysart, in the presbytery of Kirkaldy, a presentation to the kirk of Kilrennie, in the presbytery of St Andrew’s. The presbytery of St Andrew’s were not very curious to crave his transportation; Sir John, in the provincial of Fife, urges it. In the voicing, not only the whole presbytery of Kirkcaldy gets voices, but some burrow two ruling elders, gets voices. Upon this, and some other informalities, Sir John appealed to the general assembly. By strong solicitation, and by a world of merry tales in the face of the assembly, he gets a sentence for his appellation, to the great indignation of the synod of Fife, and the moderator’s malecontentment. Sir John held him with that advantage, and durst not pursue his main point, anent the minister’s transportation, which made many to take him but for a wrangler, who sought more the synod’s disgrace than any other contentment. Overtures for planting universities, burghs, schools, were read; also a letter of the King’s to the assembly, in favour of Panmure, requiring the minister of Monhey to be transported to some other church of his Majesty’s presentation: the desire, with the man’s own consent, was granted.

Wednesday, the 4th, Mr William Bennet was ordained, according to the act of Aberdeen, to transport to Edinburgh. Mr John Colins, after long opposition of the presbytery and parish, was ordained to be received to the church of Campsey. His presentation to the tack of Chanle of the chapter, wherein also he was obliged to ratify the patron’s tack, was ordained to be rectified. Mr Andrew Logie, deposed at Aberdeen according to the provincial’s appointment, was restored to his own kirk. Sir Alexander Abercrombie of Birkenbog fashed the Assembly much, that he might be obliged to receive a new presentation; that a new edict might be served; and so, that the assembly’s act of reponing him to his own church should be evacuate: but his motion being found to be from particular respects, it was misregarded.

Thursday, the 5th, Aberdeen supplicated Mr Andrew ____________ his transportation to their college. Arthur Areskine, of his own liberality, had given him 500 pound during an old man’s life. The man was but twenty-four years of age, and was extreme unwilling to flit. Arthur Areskine, a well-deserving gentleman in our cause, when he began to plead, was so choked with tears, that he became silent, and removed. This accident made the assembly so compassionate towards him, that, by plurality of voices, he obtained his point. These three rebukes in end well near angered Aberdeen. By way of indignation they crave leave to have back their deposed doctors; yet they gave in the fourth bill for Mr John Oswald of Pencaitland. His misfortune was to be last, else he had better reasons of staying than any of the former three; yet to please Aberdeen, all he could say was misregarded; and he, full sore against his heart, was ordained to flit.

Here came in my long-delayed action. After much altercation betwixt the passionate parties, and some calm dispute between the Principal and me, by the favour of the moderator, I got the invidious question eschewed anent my appeal, and the state made, Transport, or Abide; when, after I had read the reasons (which I here send you), there was not twenty voices for my transportation. I foresaw that this favour may readily transport me ere it be long to places where my life will be much more miserable than it is like it would have been in Glasgow; but yet I thought it incumbent to me, in conscience, to use all lawful means to keep me with my people. I took it to have been a sin to have neglected this duty for the preveening of crosses never so apparent. The Laird of Leckie gave into the committee of bills a complaint of Mr Harry Guthrie’s slandering of him at Aberdeen. Of this Mr Harry complained in the face of the assembly. This was like to blow up that fire again which we thought had been extinguished; yet even here God was favourable to us. That matter was referred to us the moderator’s assessors. We laboured so into it some nights, that at last we got the parties agreed, both in a writ, read to the assembly, under their hands, declaring their good opinions each of other: for Leckie truly witnessed, that he knew no blame to Mr Harry, neither in doctrine nor life; and Mr Harry testified, that he never had a thought that Leckie, or any of his family, was guilty of those slanders he complained of. Of this pacification we were all most glad. Being desirous to have the assembly at an end, it was appointed to keep her sessions twice in the day, and to dispense with the absence of so many of our parliamentary members as could not be present in the afternoon with us. The rest of that day, and much also of posterior sessions, were misspent with the altercation of that bardish man Mr D. Dogleish, and the young Constable of Dundee. He had obtained from his father to Mr David a presentation to the parsonage of Dundee. The custom was, that all of the tithes, the constable paid but to the church 500 pound, the town gave to the parson’s supply 500 merks. The town having not much will of Mr David’s ministry, refuses to pay the old 500 merks. Mr David refuses to transport from Coupar till the Constable secure him in a sufficient stipend. The assembly of Aberdeen ordains Mr David to transport with all diligence, and refers the question of stipend to the decision of the committee of estates. The Constable supplicates the assembly to move Mr David either to accept the charge, or give back the presentation. This Mr David peremptorily refuses, intending by his presentation to erect a stipend to that place, and then readily to leave it, if all do not embrace him. Mr David’s strong replies to the moderator would have been taken in worse part, if the Constable’s naughtiness, in proclaiming of the whole parsonage four or five chalders of victual was too much for him to pay to the church’s use had not offended us all. My Lord Fleming’s petition, to have a new presbytery erected in Biggar, of thirteen near adjacent churches of Lanerk and Peebles, was referred to the visitation of the bounds. It was regretted by the moderatour, that Mr David Catherwood, who deserves so well of our church, was so long neglected. He was recommended to the first commodious room. Likely he shall not be in haste provided. The man is sixty-six years old; his utterance is unpleasant; his carriage about the meetings of this assembly, and before, has made him less considerable to divers of his former benefactors. The case also of Mr James Fairlie, late Bishop of Argyle, was much regretted; that he having given so long ago satisfaction, that yet no place could be gotten to him to deliver him of that extremity of poverty wherewith he long has been vexed.

Friday, the 6th, a world of bills came to be referred to the parliament. Among the rest, one of Anna Inglis, complaining, that her husband, young Aiket Cunningham, having received above 40,000 merks portion with her, had deserted her, after frequent tormenting of her, with strokes and hunger, he debauching all with harlots in Paisley. We sent two with this bill to the parliament to get present order. The justice of God was in this matter. The damsel’s father had left her to be married to Mr Hugh Montgomery of Hazlehead, his wife’s near cousin. After, his wife falls in a conceit with Allan Lockhart, and gives herself to him; and, by his persuasion, makes her daughter, when scarce twelve years of age, without proclamation, to be married to his cousin Aiket. For her reward, her husband Allan leaves her to pay 10,000 merks of his debt, which made her a poor vexed widow, and her success as you heard. We were fashed with a bill of young Saville’s, a fine gentleman, who required, that one Littletower, whom the patron Lindores had thrust on his church, should be transported. The gentleman, for the well deserving of his house, was much pitied; yet, seeing the young man was admitted, and the most of the parish accepted him, it could not be helped till the young man, Littletower, found commodity to transport, which was not like to be sudden. The presbytery of Wigton complained of their molestation by one Macghee a notary, a criminous fellow, too much supported by that good man the Earl of Galloway. This bill being referred to the parliament, they enjoined the Earl to go home without delay, and fetch in that knave to suffer justice. There was no remeid; his Lordship behoved to go away to that unpleasant service. One Thomas Frazer in the tolbooth, being condemned to die for murder, supplicated us to be relaxed, before his death, from the sentence of excommunication. Some were sent to visit him. His true repentance being reported, Mr Andrew Cant was ordained, on the Sabbath, after his sermon in the great church, to relax him. On Monday he died penitent. Dr Scroggie of Aberdeen supplicated to be admitted to our covenant. The trial of his repentance was remitted to the provincial synod.

In the afternoon many overtures by Mr George Young, clerk of the references, were read. Chapperton’s supplication, to enter in our covenant, was referred to the provincial of the Merse.

Saturday the 7th. When Mr David Dickson, in the question of my transportation, had declared his intention to have as much help from me, in professing in the college, as he gave by his ministry to the town, the moderator, and others then there, not generally liking of mixing these two offices, every one whereof required a whole man, Mr David, lest any rub or mar from this should come to him in his ministry, which very profitably he did discharge, gave in a bill to have the matter cleared. It was gladly condescended, that it should be reason for him to exercise so much of the ministry there as he found himself able without detriment to his profession; the Principal not being foreacquainted with that bill, except somewhat for the preparative, wherewith Mr David was not well pleased. It was moved, that the declarations which the Earl of Traquair had alledged he had made in the assembly, but very falsely, and had obtained to be registered in the books of council, should be torn out and cancelled. This was referred to the parliament; who, after the consideration of the truth of our alledgeance, sufficiently verified by many witnesses, caused rent out of the council-books, according as we required, these full declarations. Two motions came in here, which were like to procure us much fashry; yet both, by God’s help, were brought to a peaceable conclusion.