Chapter XLIV: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (41)

2. Lest Malefactors, who have committed Theft, Murther, and the like Crimes, crave the Benefit of the Act of Pacification and Oblivion, for whom it is no ways intended, there would be an exception from the said Act, of all legal pursuit, intended or to be intended, within the space of one Year, after the Date of the Treaty, against all Thieves, Sorners, Out-laws, Fugitives, Murtherers, Broken Men, or their Receptors for whatsoever Thefts, Reifs, Hardships, Oppressions, Depredations, or Murther done or committed by them; and all lawfull Decrees given, or to be given, by the Parliament, or any Commissioners to be appointed by them, for that effect, who shall have power to dignosce and take cognition, whether the same falls within the said Act of Pacification and Oblivion, or not.

3. It is desired, That the Demand concerning the not making or denouncing of War with Foreigners, without Consent of both Parliaments, may be condescended unto by the King and Parliament of England, which is ordinary and universally observed in all mutual Leagues, which are both defensive and offensive; and because the Wars denounced by one of the Kingdoms with Foreigners, although made without Consent of the other Kingdom, will engage them by necessary Consequence; or if the Consideration of that Proposition, shall require longer time than the present Condition of the important Affairs of the Parliament may permit, and lest the speedy Close of the Treaty be thereby impeded, it is desired, That this Demand, with the two other Articles of the same nature—the one concerning Leagues and Confederations, and the other concerning mutual Supply in case of Foreign Invasion—may all three be remitted to Commissioners, to be chosen by both Parliaments, who shall have power to treat and advise thereupon, for the Good of both Kingdoms, and to report to the Parliaments respective.

4. It is desired, That the Articles concerning Trade and Commerce, Naturalization, mutual Privilege and Capacity, and others of that nature already demanded, may be condescended unto by the King and Parliament of England: And namely, that demand about the pressing of Ships or Men, by Sea or Land; or of shortness of Time, and exigency of Affairs, may not permit the present Determination of these Demands; it is desired, That these same (except so many of them as are already agreed unto by the Commissioners for Trade) may be remitted to the Commissioners to be chosen by both Parliaments who shall have power to treat and advise thereof, for the good of both Kingdoms, and to make report to the Parliaments respective. And that the Charters or Warrants of the Scottish Nation, for freedom of Shipping in England or Ireland, from all Customs, Imposts, Duties, and Fees, more than are paid by the Natives of England and Ireland, granted by King James under the Broad Seal of England, upon the Eleventh of April, in the Thirteenth Year of his Reign, and confirmed by King Charles, upon the Ninteenth of April, in the Eighth Year of his Reign, may be ratified and enacted in the Parliament of England.

5. That the Extracts of Bands and Decretes put upon Record and Register in Scotland, may have the like Faith and Execution, as the French Tabelliones have in England or Ireland, seeing they are of alike Nature, and deserve more Credit; and if this cannot be done at this time, that it be remitted to the former Commission from both Parliaments.

6. The manner of safe Conduct for transporting the Money from England to Scotland, by Sea or Land, would be condescended upon, in such a way as the Charges be not exorbitant.

7. The tenour of the Commission for conserving of Peace would be condescended unto, together with the Times and Places of Meetings, and whole Frame thereof; the Draught whereof, when it is drawn up in England, is to be represented to the Parliament of Scotland, that they may make like Commission, and name their Commissioners for that effect

8. The Parliament of Scotland do join their earnest and hearty Desire, and crave the Parliament’s Concurrence, that none be in Places about the Prince his Highness, but such as are of the Reformed Religion.

9. That an Act of Parliament of Publick Faith for payment of the Two hundred and twenty thousand Pounds of the Brotherly Assistance which is Arrear, may be presently framed and expedited, according to the Terms agreed upon.

10. It is desired, that the Quorum to whom the Scots address themselves for payment of £220,000 be condescended upon.

11. That the Order for re-calling all Proclamations, &c. made against his Majesty’s Subjects of Scotland, be drawn up, and intimated in due form and time, with the Publick Thanksgiving at all the Parish Churches of his Majesty’s Dominions.

12. It is desired, That the Articles concerning the Castle of Edinburgh, and other Strengths of the Kingdom may be understood to be, that the same shall be disposed of for the Weal of the Kingdom, as the King and Parliament shall think expedient.

* * * * *

_The English Lords Commissioners Answer._

1. That upon the disbanding of the Scottish Army, the Garisons of Berwick and Carlisle shall be removed, according to the Article of the Treaty on that behalf.

2. The second Article is condescended unto, according to the Provision added to the Act of Oblivion and Pacification.

3, 4, 5, 6. The third Demand concerning the making of War with Foreigners, with the other two Articles, concerning Leagues and Confederations, and concerning mutual Supply and Assistance against Foreign Invasion; as likewise 4, 5, and 6, Articles, concerning Trade, Commerce, Naturalization, mutual Privilege and Capacity, and others of that nature, and the Demands concerning the Extracts of Bands and Decretes, and the manner of safe Conduct for transporting of Moneys from England to Scotland, are all referred to be taken into consideration by the Commissioners to be appointed by both Parliaments, who shall have Power to advise and treat thereupon, and report to the Parliaments respective.

7. It is just, That the tenour of the Commission for conserving of Peace should be agreed upon by mutual consent; but the closing of the Treaty not to stay hereupon, but to be left to the Commissioners to be named.

8. To that Desire, concerning such as should be placed about the Prince, the King hath already given a clear and satisfactory answer.

9. That there be an Act of Parliament of publick Faith, for securing the payment of £220,000, which is Arrear of the Brotherly Assistance, is just; and order is given for it accordingly: And it shall be communicated with the Scottish Commissioners, that it may be a perfect Security.

10. The Tenth, for appointing a Quorum for attending the payment of the Money, is already moved to the Parliament, and will be done as is desired.

11. The Eleventh Article is very just, and order shall be given accordingly for re-calling all Proclamations, &c. and for publick Thanksgiving.

12. This Article for the Castle of Edinburgh, and other Strengths of Scotland, is to be settled betwixt his Majesty and the Commissioners of Scotland; or by his Majesty and Parliament of Scotland.

All which Articles are assented unto, and approved by his Majesty, with Advice of the Parliament of England, and by the Committees of the Parliament of Scotland; and are necessary, for publick Declaration of mutual Consent; and for firm Observation, to be confirmed and ratified in the Parliaments of both Kingdoms.

* * * * *

_The Act of Pacification._

Be it therefore enacted by his Majesty, with the Assent of the Lords and the Commons, in this present Parliament assembled, That the said Treaty, and all the Articles thereof assented to as aforesaid, be and stand for ever ratified and established, and have the Force, Vigour, Strength, and Authority of a Law, Statute, and Act of Parliament.

Like as this afore-written Treaty, and whole Articles thereof, are by his Majesty and the States of the Parliament of Scotland, enacted and ordained in all time coming, the full force and strength of a true and perfect Security, and Act of the said Parliament.

And his Majesty for himself and his Successors, doth promise _in verbo Principis_, never to come in the contrair of this Statute and Sanction, nor any thing therein contained; but to hold the same in all points firm and stable, and shall cause it to be truly observ’d by all his Majesty’s Lieges, according to the Tenour and Intent thereof, for now and ever.

Like as the Parliament of both Kingdoms give full assurance, and do make publick Faith in the Name of both Kingdoms Respectively, for the True and Faithful Observance of this Treaty, and whole Articles thereof Inviolably, _hinc inde_, in all time to come.

* * * * *

2. _Principal Baillie’s Journal of the Assembly, 1642, in a Letter to the Rev. William Spang._[295]

COUSIN,

You had long ago from me, an account of our parliament; what has fallen out since in England and Ireland, you know it as well as I. The world sees the passages daily in print, and it is like, many hands will be careful to give account to posterity, of so many notable pieces of state as have fallen out this year in our dominions. The misintelligence of the King with his parliament continues to this day. When they had found the accusation, and had assayed to arrest by force in the middle of the House of Commons, five of their well-deserving members to ____________ the King’s long stay in his way from Scotland, and extraordinary caressing of the city of London, they became more jealous than ever, that their old enemies were on some new ways to make all their labours fruitless. Their great fears forced them to these guards which occasioned the King in malecontentment to go from Whitehall, and the Queen to leave the kingdom. Mutual misunderstanding has ever since increased pitifully; the putting of Sir William Balfour from the tower of London; my Lord Digby’s appearing in arms about Kingston, his flight to Holland, and idle letters to the King and Queen; my Lord Newcastle’s attempt on Hull, before Sir John Hotham’s coming there; Sir John’s refusing to let the King enter; his Majesty besieging of that place; my Lord Warwick’s using of the navy against the King’s mind; the great desertion of the parliament, by noblemen and others; that thrice traitor Goring’s delivery of Portsmouth to the King, has now well near betrayed Ireland to the will of the barbarous rebels, has put England in the posture of a most dangerous war, the event whereof, what it may be, we tremble to think. The best-affected of our council, before these evils went so high, thought meet to send up our Chancellor to see what his counsel might effectuate betwixt King and parliament. His Majesty, at that time, misliked the way of intercession, and caused the Chancellor to return, requiring our council withal to read and consider all that had passed betwixt him and the parliament, that finding how much he was injured by them in his just and legal prerogative, our council might, in name of our kingdom, declare the sense of these wrongs to the parliament by what commissioners they pleased. To this council-day were invited, by his Majesty’s letters, all the noblemen and other counsellors who were affected his way. The parliament, to preveen inconveniencies, moved our commissioners to send down Sir Archibald Johnston, with a declaration from them of their proceedings; trusting thereby to demonstrate, that all their ways with his Majesty should appear necessary and just. Upon that meeting of our council there were many eyes. The banders flocked to the town with so great backing, the Chancellor and Argyle’s company was so small, that there was a great rumour raised of a wicked design against Argyle’s person; but incontinent the gentry and ministry of Fife running over in thousands, and the Lothians with the town of Edinburgh cleaving to Argyle above expectation, the banders courage and companies of foot and horse melted away as snow in a hot sunshine. A paper of Sir Archibald Johnston’s, as a letter to a friend, gave good satisfaction to the minds of men. The petition of those who met was so resolute, full, and well conceived. My Lord Montgomery’s petition was so evil taken, that the council, however at the beginning for the far most part so resolute to have concluded a boasting mediation to the terrifying of the parliament, yet in end was glad to lay down all such motions. Since the King was not able to carry his intentions, his pleasure was we should desist for a time to essay any accommodation. When the Marquis of Hamilton had left, first the parliament, and then the King, we thought he had come to us with some instructions from the one or both; but it seems he had nothing from either, but, to eschew drowning, had chosen to leave both for a time, since both could not be kept, and to both his obligations were exceeding great.

It were a pity that our armies were so unhappily employed, when there is so fair an occasion offered to set our friends abroad on their feet, and to put our enemies once for all, over the brae, never more to arise to their terrible former greatness.

At this time I will only give you an account of our late assembly at St Andrew’s. On our way we heard of sundry rumours of the banders intention to essay their numbers, to extort from the assembly an exposition of our covenant, favourable for an expedition to England, for vindication of the King’s honour, which was alledged to be unjustly trampled upon by the parliament. However, we found no footsteps, when we came to the place, of any such plot; yet to preveen it, many of our best noblemen thought meet to countenance the assembly: not only all the noblemen of Fife—Weems, Burleigh, Sinclair, Elcho, Balcarras—but Argyle also brought over with him, Eglinton, Cassils, Glencairn, Lauderdale, Gordon, Maitland, and others, who all were elders, and voiced. The parliament of England also thought meet to send to us, by our commissioners, a declaration of their earnest desire to have their church reformed according to the word of God, and a copy of their petition to the King for peace. Lest the carrier hereof, Mr Robert Barclay, should have been so long detained by the King, whom he was directed to visit by the way, another copy was sent to us, which came with Mr Borthwick’s man, on the fourth morning, from London. We thought ourselves much honoured by the respectful letters both of the King and parliament to us. It seems it concerned both to have our good opinion.

On Monday, the 26th of July, we came over the water; not without danger and fear. Tuesday the 27th, we came to St Andrew’s. We found there, in the people, much profanity and ignorance, swearing, drunkenness, and the faults of the worst burghs, with extraordinary dearth. On Wednesday the 28th was a fast. Mr Henderson preached graciously and wisely, on 2 Cor., vi., 1, 2, 3; taxed freely the vices of ministers, among other the humour of novation. In the afternoon, Mr Blair had a sermon on Isaiah, lii., 7, 8, 9. He had preached thrice that week for Mr Rutherford, and was unwell: it seems he expected Mr Andrew Ramsay to have preached that diet, being the antecedent moderator; but he was absent, not being a commissioner. After both sermons, we entered the Old College with great trouble. Dumfermling took the chair of state for the King. He was in his way for France; for hither his mind carried him, against the heart of all his friends; but having this favourable commission put on him, by all mens expectation, he came with a number of his noble friends; his nephew, the Master of Zester, carried the commission in a purse before him. After prayer, the moderator leeted Mr Robert Douglas, Mr James Bonner, Mr Andrew Cant, Mr Robert Blair. Cassils, for keeping of the assembly’s liberty, caused add Mr Robert Ramsay. Mr James Bonner, got some voices; the rest almost none: but unanimously Mr Robert Douglas was chosen. Before the election, the commissions were given in, the names were read and booked. Want of charges made many presbyteries send but one minister. The commission was referred to consideration, because of a clause of the chancery, of not transferring the synod without his Grace’s advice. The King’s letter was read: it was very gracious; yet had a discharge express enough to meddle with any thing concerned us not. The Commissioner craved liberty of assessors: (he spoke little and low.) It was refused, except for private consultation. The King had written to the Marquis of Hamilton, Argyle, the Chancellor, Morton, and Southesk, to attend, and assist him. Argyle read his letter; but professed his presence there alone, in quality of a ruling elder from the presbytery of Inverary. Southesk sat at his foot-stool, and oft whispered his unsavoury advice. None of the other appeared. The commission from Campvere was welcomed.

Thursday, July 29th, I was sent for by the moderator in the morning to Mr Blair’s chamber. There the moderator had appointed his private meetings with his assessors, for regulating of difficult affairs. The members were secretly advertised; for none were allowed publickly; Mess. Henderson, Cant, Dickson, Blair, Fleming, Argyle, Cassils, Lauderdale, Sir Archibald Johnston, Mr George Winton, and John Binnie. We resolved there upon the committees. We were feared for a storm about novations. The ablest men of the kingdom were present. I advised to name the committee for regulating of Shetland and Orkney first, and put upon it these men from whom they expected more fashrie, such as Mr Harrie Guthrie, Mr David Dogleish, and sundry moe. The committee for bills and reports I got too ordered, that Mr James Bonner became moderator for the one, and Mr Robert Ramsay for the other, with Mr George Young his clerk, who made all the reports in face of the synod, as he had done twice before; only some of my friends were neglected through my forgetfulness, who therefore were like to have created us trouble, had I not gotten some employment to them thereafter. The clerk had drawn up a number of matter for the synod, which then we examined. No sermon that day, for Mr R. Ramsay nominate by the moderator but yesternight, had refused. In the assembly the committee for bills, reports, and Shetland, were appointed, as we resolved. The commissioners for visiting the universities of St Andrew’s and Glasgow were renewed. I admired the industry of Argyle. All the diets of our synod he kept, and did give most and best advice in every purpose that came by hand. Our privy committee, before or after the assembly, he never missed; the committee for visitation of the universities, had punctually attended, and yet never complained of weariness. We put Eglinton on the committee of bills, and Glencairn on the reports, where he became a little more busy than was well taken. Because of the ignorance of acts of the general assemblies, the clerk was desired to draw together in one body the general acts of the old assemblies, to be ready for the press, and to print, without delay, the acts of the last five assemblies. Mr George Haliburton was somewhat tedious in his speeches anent the plantation of Dundee. His son was presented by the Viscount of Didup; yet at the town’s desire, the young man did pass from his presentation. Mr D. Dogleish spoke much and well, but so boldly and oft that he was little regarded. Mr George Gillespie’s cause came in. His patrons Weems and Elcho spoke much for his retention: himself also was very earnest to stay. Many marvelled of the difficulty was made, since long before, as he was alleged, the city of Edinburgh had agreed with Mr George for his transportation with his patrons consent. The King’s letter was read again, and overtures for Papists and presentations were referred to the moderator. The committees were appointed in the afternoon. At our meeting, it was laid on Mr Henderson to answer the King and parliament’s letters. The overture anent Papists was committed to me; which I drew, as it was thereafter approven in the assembly, without alteration. We spake much of patronages. The overtures whereupon the commissioners of parliament had agreed on with the King, I shewed was of no use to us; for it was hard for us to find one person to a vacant kirk; but to send up six to the King, where-ever he was to present any one, whereof we would assure should be accepted by all who had interest, it was not possible. Argyle made a fair offer for himself, and all the noblemen present, hoping to persuade other noblemen and gentlemen to do the like, that they would give free liberty to presbyteries and people to name whom they would to vacant places, upon condition the assembly would oblige intrants to rest content with modified stipends. I reasoned against this condition, not for stipends already modified, but where benefices were yet entire; for there it was hard for us to dilapidate these few relicks with our own hand. Lauderdale was much against popular elections. So we resolved to have nothing spoken at all of patronages.

Friday, 30th, the provincial assembly-books were produced by the commissioners where the clerk resided. A very well-penned letter by sundry noblemen and gentlemen was read for help of ministers in Ireland. After much private debate, Mr D. Dickson having peremptorily refused it was laid by the voices of the assembly on Mr Blair and Mr James Hamilton to go to Ireland for the first four months; on Mr Robert Ramsay and Mr James Maclelland for four months following; on Mr John Livingston and me for the next four. It came so suddenly on me, that all my opposition was in vain; and it was the assembly’s care, to beware lest all the men that went over to that land should be in danger, in the first settling of that church, to favour any differences from our church. There was much debate for reading of the parliament of England’s letters. The commissioner was passionate, that no answer might be given to them till the King’s license might be obtained for that end. When his weeping could not obtain this, Southesk suggested the delay of answer only for twenty-four hours. This also was refused; for however the answer was not ready for some days thereafter, yet we esteemed it a dangerous preparative, to be hindered to answer when we found meet, the motion made to us by less considerable parties than the parliament of England. Mr Robert Brown having satisfied the presbytery of Penpont for his long delay to come to the covenant, upon his humble petition was received an expectant. After noon, in our committee, the book of the commissioners of the last general assembly was revised, and approven by us. Mr Henderson made a long and passionate apology for his actions, That the nomination of William Murray to be agent for the kirk till the next assembly, was by the commissioners, and not by him; that the man had done many good offices, and none evil, to the church; that he had refused to serve any longer in that place; that what himself had got from the King, for his attendance in a painful charge, was no pension; that he had touched as yet none of it; that he was vexed with injurious calumnies. After the venting of his stomach, to all our much compassion, the gracious man was eased in his mind, and more chearful. It is true, some expressions in his sermons before the King, and his familiarity with William Murray, who was thought to be deep in all the plots, made him somewhat less haunted by our nobility than before; and Mr David Catherwood, and Mr Andrew Kirkhall, their censure of the ministry of Edinburgh in the late provincial of Lothian, for not applying their doctrine to the evil of the times; also his dissuading of his acquaintance, at Mr William Scot’s burial, to come over to the council-day, and his small countenancing of the ministers petition to the council, occasioned many unpleasant whispers against him; but certainly the man’s great honesty, and unparalleled abilities to serve this church and kingdom, did ever remain untainted.

Mr R. Blair and Mr S. Rutherford moved us to assist them for an act of transportability. There was a great heartburning for the time in the town. Mr Andrew Afflect of Largo had been nominate by Mr A. to be his colleague in St Andrew’s. The whole town did much affect him. Mr Robert and Mr Samuel had given once way to his transportation hither: yet when Mr James Bruce, Mr Arthur Morton, and Mr George Hamilton, had carried the plurality in the presbytery, for his keeping at Largo, his doctrine not being so spiritual and powerful as the case of St Andrew’s required, Mr Robert plainly avowed his dissent from his transportation; whereupon almost the whole town did storm, and refused to regard any of Mr Robert and Mr Samuel’s desires. This made both urge at least a transportability. I helped Mr Samuel to obtain it; but to my great repentance, if he makes any use, as he is too much inclined, of that his liberty. Mr Robert got some more contentment by the transporting of Mr Andrew Honniman to be his colleague. Mr Andrew Afflect also was taken to Dundee for the ending of that tough plea betwixt the town and the Constable.

All this while my Lord Eglinton was seeing what he might get done for my retaining. He was assured by all, that the assembly would transport me; and, for this effect, Edinburgh had sent a warrant to their commissioners, which I knew not for the time. His Lordship, therefore, resolved to speak nothing of his appeal; only he required the favour of an act to transport in the synod of Glasgow any he could find without a burgh and nobleman’s residence. This was granted; and so his Lordship went away, being much afflicted with the death of his noble son Sir Alexander, the Colonel.

The fourth session was on Saturday, July 31. A letter from a number of English ministers at London was read, shewing their desire of Presbyterian government, and a full union with our church. The question of Mr John Bruce’s admission came in. The patron, presbytery, and provincial synod, urged his receiving. William Rig, and the people, vehemently opposed it, because of his great insufficiency, and neglect of some part of his trial; he was decerned to be admitted. Mr And. Stewart’s was agitate. The provincial of Galloway had made an act, to put all transported Ministers in their bounds unto all the trials required of expectants. This by all was thought to be absurd; yet the clerk fell on an overture concluded in the last assembly, giving liberty to presbyteries to put ministers to some trial. The exposition of this act was committed to some who made a commodious interpretation thereof. Sundry bills, and reports of particular affairs, were discussed.

On Sunday Mr David Dick preached, most on the afflictions of ministers, for the comfort of Mr Blair as I took it; but was not thought pertinent by the most. After noon, Mr And. Cant preached zealously on, “The zeal of thine house hath eaten me up.”

Session fifth, Monday, August 2. The principal of the English parliament’s declaration to us, with their petition for peace to the King, being presented by Mr Robert Barclay, was read. The King’s very sharp answer, presented by his Grace, was read. After it, we had some debate in our committee about the publick reading of the King’s answer; yet all consented it should be read. The assembly resolved to supplicate the King, and to deal with the parliament, for peace. The pieces were drawn up by Mr Henderson, and committed to my Lord Maitland to deliver; which produced that gracious return from the parliament which ye see in print. A number of bills and reports were dispatched. Mr John Guthrie, though he had satisfied for his late subscription of the covenant, and was earnestly supplicate by the whole provincial of Murray, yet the patron Duff’s dissenting, could not be replanted in his old church. The assembly presented Mr George Halyburton to the church of Bonimoon. The presbytery of Brechin alledged their right. It is resolved, that the rights of presbyteries and synods must cease, and dissolve in the hands of general assemblies sitting. That great contest had been in Glasgow anent the choice of their session, we got it settled with motioning the occasion; the old session was ordained to chuse the new: but that question which some would have moved, If the old session, being viciously chosen, was to be the elector? we did suppress. The negligence of some clerk had lost the most part of the acts of the presbytery at Newcastle; but it was ordained to deliver all could be had to Sir Archibald Johnston, to keep them _in retentis_. In the afternoon we had much debate for novations in our committee. Mr Andrew Cant, as I alledged, been put to by his nephew, did much extenuate them. Mr Henderson and Mr Robert Murray fell sharply on him. He freed himself of all suspicion. I was vexed on all hands in the committee. I was mouth for these who pressed the danger of novations; out of it I was beaten on as too slack in that matter. When, by the cunning delays of some, the matter was like to be cast to the end of the synod, and so to evanish, I gave over my agentry; whereupon those who hated novations being enraged, drew a petition to be subscribed by too many hands. This I brought to our committee. It put them in a fray of division. They laid on me to draw an act, which I did to the satisfaction of all once. Yet thereafter some of our committee, repenting of their consent, it was laid on Mr Henderson to make an explanation of the former act anent novations. His draught did displease more than mine. At last, for fear of scandal, we agreed on pressing for the time all acts, and writing a letter by the moderator to the presbyteries troubled with novations. This letter I drew to the satisfaction of all; yet, after the assembly dissolved, the form of my draught was altered. This letter was brought from the presbyteries it was sent to, to our provincial synod, where we got it inserted in the questions of our visitations of churches, that novations in our bounds should be stopped according to that letter. This was the most difficile matter in our synod. Our northland brethren were much inflamed; and if it had come in face of synod, would have made a violent act; yet the places of those evils being alone among us in the west, they did leave the agenting of it to us. Divers practices of the brethren of Galloway, specially the deposition of Mr Gilbert Power, had wakened many of us against their new way; yet the managing of that matter falling, by God’s providence, in my poor hands, it was guided so peaceably as I was able, and all was for this once fairly carried to all sides reasonable contentment.

The next three sessions, on Tuesday, August 3d, and Wednesday, 4th, before and after noon, were spent on particulars, or perfecting the particulars before mentioned. Every assembly is troubled with the plantation of Edinburgh. A little before this assembly, their clerk, Mr Guthrie, with his side of the council, had been busy to have drawn in his good comrade Mr Andrew Fairfoul from Leith; but the most of the town being grieved with the motion, called themselves together in the church by the bell after the second sermon; and finding my transportation to Glasgow passed, gave a call in the synod to three; the one failing the other, Mr James Hamilton, Mr David Forest, Mr Mungo Law. To Mr James they gave a _Nolumus_. Mr David did so peremptorily refuse in private and publick, that a whisper went amongst us he had a dangerous disease; yet when four of us were sent out to confer with him, we found nothing but too great and somewhat melancholick modesty in the man. Upon our report, the assembly voiced him abiding. In the meantime, the council of Edinburgh sent over to their commissioners new instructions to petition for me and Mr Robert Knox. My matter was then past. Mr Knox was not well liked of: so they moved only for a power to the commissioners of the general assembly to plant them in one man. They pitched on Mr James Wright; but his health was known to be so extraordinarily evil in the town, that we voiced his abiding: so yet they have been unhappy in their choices. The last synod sent to presbyteries a number of overtures for regulating of transportations. No diligence to count of was used for their examination or perfecting; so they passed in acts at this time, rashly enough in my judgement; but because of my interest, I meddled not in that matter. The Isle of Sky was adjoined to the province of Argyle, and not to Ross. The Earl of Irvine was licensed to take over to France any two ministers he could persuade for his regiment; the one to be provided in 1000 pound; the other 1000 merks, with entertainment to themselves, horse, and man.

Sessions ninth, tenth, eleventh, and twelfth, on Thursday and Friday, these acts passed which ye see in print, with a number of particulars. The synod of Galloway was much eyed for divers of their rash acts. Their act for putting ministers to the trial of expectants was repealed; their deposition of an old man, Mr George Kincaid, near eighty years, for insufficiency, was found unjust. The causes of Mr Gilbert Power’s deposition by all were found null, and he ordained to be reponed by Mr James Bonner. At the day of reposition a number of gentlemen and others came to the church, and with clubs and staves made opposition. This insolency filled all the country with clamour, and made the horns of the new way a little more conspicuous. The disdain of that affront cast good Mr James Bonner in a long and dangerous fever. In our meeting at Edinburgh we concurred with Mr Gilbert to complain of the riot. The council took order as we desired; only we advised, and sent our advice to the presbyteries of Galloway, to put all who were convicted to their publick repentance at the churches of Maybole and Staniskirk. Upon the parties humble penitence, and Mr Gilbert’s peaceable repossession, we resolved to supplicate the council for the mitigation of the civil censure. Mr George Young, clerk of the reports, and some others, handled that matter so, that the impenitency of these of Galloway was palpable to the whole synod. There was a fashious process also from the presbytery of St Andrew’s. Mr David Merns, a man blameless, and of common parts of learning, had been deposed truly for insufficiency; but a number of other things were put in his sentence, which all are found to be null. With much ado the sentence stood; but with some qualification for the man’s credit, and a provision out of his church of 400 merks till he was otherwise provided. Mr Andrew Afflect, Mr Andrew Peme, and Scottiscraig, were appointed for visitation of Orkney and Shetland. The sighting of the provincial books was for good purpose. A commission was drawn up, as you see in print, for attending now and then in Edinburgh. A number of good motions was recommended to their care. Upon Argyle’s contriving and motion, Maitland unanimously was sent as our commissioner to King and parliament, wherein he proved both wise, industrious, and happy. Montgomery’s petition came in hands; sharp enough flyting there was about it betwixt his Grace and Argyle. Always for time to come we made an act against such presumption. For the transmitting of our covenant to posterity, it was appointed, that of the principal there should be three famous transumpts under the hand of the clerk-register, the clerk of the Assembly, and council to be set in the books of parliament, assembly, and council. Mr James Fairly had oft been a supplicant for some place in his great necessity; when, after long delays, there did no possibility appear of any flock who would be intreated to receive him, at last Mr Andrew Affleck’s transportation to Dundee opened a door to young Durie in Largo, where he was patron, to receive his old master to all our requests.

On Saturday was our thirteenth and last session. Here a fast was appointed. The causes were drawn up by some longsome and unmeet hand; the draught read was misliked, and drawn better, as you may see. Yet the printed compend is not so good as this. The motion for twenty shilling from every church granted to James Murray for this year also, it is like it will not be granted again. It is thought a needless burden. The man is called weak, and dear in his extracts. I dissuaded Sir Archibald from moving any thing of an adjunct; yet he did venture, and carried it. He showed his willingness to serve us all his days faithfully and gratis; only for his help he desired he might have one to assist the kirk-meeting when he could not attend, and for giving of extracts, for whose actions he should be answerable. No man opposed the motion. Scotscraig, since no expences was allowed, excused his voyage to Orkney; and the tutor of Pitsligo was named for him. Commissioners of the neighbour presbyteries appointed to meet with the presbytery of St Andrew’s, for settling the differences anent the plantation of the town, which was done with good success.

The next assembly appointed at Edinburgh the first Wednesday of August. The moderator spake very wisely both to ministers and elders, especially about keeping of unity, and being aware of novation. All ended in great peace and love.

After the assembly we had not much inward trouble. The letter about novations we made be read in our provincial synod of Irvine, and from thence to be sent to particular sessions, where it calmed somewhat the headiness of people; but the brethren which were taxed thereby, whereof there were some six or seven in Ayr, and two or three elsewhere, were the more stirred, and prepared themselves to write, as they say, for strengthening their tenets. Some of them are very heady; yet we are comforted, that they increase not in number, the excesses of some of their followers, who have fallen into rigid Brownism in whole, does much scar good people from that way; as also the presbytery of Edinburgh their diligence, who, upon the delation from the synod of Aberdeen of one Gearnes, a gentleman, his avowed Brownism, caused read out of all the city-pulpits a warning against that way. In that our provincial made good overtures, for absence, and visitation of churches, which Mr Robert Ramsay drew up. They were too long. If we get the substance of them past the general, which we mind to try, as we got them through the provincial, our church-discipline will be better executed.

The commission from the general assembly, which before was of small use, is like almost to become a constant judicatory, and very profitable; but of so high a strain, that to some it is terrible already. In one of the two or three meetings I was present; for beside the public advertisement from the moderator of the last general assembly, who is constant convener and moderator, I was seriously desired to come by my Lord Wariston. Our errand was, to hear account of my Lord Maitland’s negociation. He delivered to us the parliament of England’s return, granting all our desire, in abolishing of bishops, and requiring some of our ministers to assist at their synod against the 5th of November, or when it might be called. Of this we were very glad, and blessed God. From the King, his answer was, a promise to consider our desires. It was found expedient to nominate commissioners, that they might be in readiness. It was intended by some, that only ministers should go, and that very few. In the meeting I moved the conjunction of elders; but I got not a man to second me; so I gave it over: yet the absurdity and danger of such an omission pressing my mind, I drew up reasons for my judgement, which I communicate to Argyle and Wariston; and when they liked the motion, I went so about it, that at the next meeting it was carried without opposition. Fearing I might be one of the number to go, I dealt in private to my uttermost to decline it; besides the hazardous travel, I remember the great loss I was very near to have suffered by my last voyage, had not my good friend Mr George Young represented to my Lord Chancellor and Argyle the truth from the writ. Always my experience made me upon many grounds to decline that voyage, some whereof intending to be gone before the election. Sundry would fain have been employed; and lest they should have gotten themselves named, Argyle, in his cunning way, got them on the committee of nominators. That committee named Mr Alexander Henderson, Mr Robert Douglas, Mr Samuel Rutherford, Mr George Gillespie, and me; Cassils, Maitland, and Wariston, for elders. Mr Alexander was extremely averse from going, protesting his former expectation of death before he could attain London: but when all could not avail, he passionately complained of the great ingratitude he had found of sundry, who put heavy burdens on him, and were ready to invent or receive injurious calumnies of him. Cassils was much averse, and made great opposition. Every man said something; but no man was gotten excused. The miserable condition of the English affairs have yet kept us all at home.

* * * * *

3. _List of Overtures in, and Acts of the Estates of Scotland, bearing reference to the Church, from the 15th of May 1639, to the 17th of Nov. 1641, from Chronological Table of Acts_, vol. v.

1639.

_Sept. 6._ The Covenant subscribed by the Lord Commissioner—Ratification of certain Acts of Assembly—Dr Balcanquell—Grievances of Ministers of the North—Augmentation of Stipends—Presentation to Churches—Acts of Parliament in favour of Bishops’ [rescinded] Oaths, prejudicial to Covenant—Profanation of Lords Day, &c, p. 253.

_Sept. 7._ Salmon Fishing, and feeing Shearers upon Sunday—Lands and Benefices of Chapters.—_Ibid._

_Sept. 10._ Salmon Fishing upon Sunday—Kirk of St Magnus, Kirkwall—Minister of Brechin—Two Ministers and Reader in Elgin—Minister of Auchtertool—Acts against Drunkenness and Blasphemy—Procurator of the Kirk, Clerk, and Agent—their Fees—Augmentation of Ministers Stipends, p. 256.

_Sept. 11._ Supplication of Assembly anent Large Declaration—Expenses to Commissioners of Assembly—Prohibition of Marriage of Scotsmen in England—Against Papists and Jesuits—Kirk of Montrose—Disjoyning of Denny from Falkirk—Kirk of Anveth—State of the Church of Glasgow—Parsonage of Meigle—Churches of Elie, Carsfernie, Glenlyon, and Fartrahill, Chanonry of Ross, Kirk of Ferne, and Auchterteull, p. 256. Parochines of Craigie and Riccarton, p. 258. Minister of St Nicholas, Aberdeen—Sentences given by High Commission against Ministers—Plantation of Schools—Provision of Gleibs and Manses—Presentation to Vaikand Kirks—Ratification of Acts of Assembly and Covenant, p. 259.

_Sept. 17._ Act anent Episcopacy, &c., to be separated—Reservation of Commissioner in subscribing Covenant delete (in Privy Council Register)—Act against Episcopacy, pp. 260-61.

_Sept. 20._ Earl of Errol and Minister of Turreff, p. 262.

_Sept. 24._ Act against Episcopacy, and Commissioners Declaration thereanent, p. 263.

_Sept. 25._ Kirk of Carrestone, p. 264.

_Sept. 28._ Visitation of University of St Andrews—Tacks of Lands, p. 266.

_Oct. 1._ Vassals of Bishops—Erection of Parishes, dismembering of Kirks, &c, Kirkmaden, Hospital of Balhagardie, Girwan and Daily, Glenlyon and Fotheringall—Regiments to be furnished with ministers, p. 268.

_Oct. 3._ Commission for Surrenders and Tithes, and Plantation of Kirks—Presentation of Benefice of Dumfries, p. 271.

_Oct. 4._ Erection of Steeples—Paroche Kirk of Langsyde, p. 272.

_Oct. 5._ Ratification to Town of Edinburgh anent Augmentation of their Ministers Stipends, p. 273.

_Oct. 7._ Distinction of Spiritual and Temporal Lords of Session, pp. 274-8.

_Oct. 8._ Anent Mortifications in favour of Colleges and Hospitals, p. 275.

_Oct. 10._ Presenting Ministers to Kirks—Union of Kirks, p. 276.

_Oct. 11._ Admission of Ministers to Kirks which belonged to Bishoprics, p. 277.

_Oct. 14._ Planting of Kirks Usurped by Bishops—Laird of Tillythroskie against Minister of Birse, pp. 278-80.

_Oct. 17._ Plantation of Kirks—The Procurator for the Kirk, p. 281.

_Oct. 23._ Visitation of University of St Andrews, p. 281.

1640.

_June 11._ Ratification of the Acts of Assembly, p. 291. Of Confession of Faith and Covenant—Supplication of General Assembly 1639, and Acts of Privy Council and Assembly, ordering Subscription of the Covenant, p. 292. Act Recissory, p. 298. For Planting Kirks vacant by default of Patrons—For Admission of Ministers to Bishops Kirks, p. 299. Acts Discharging Salt Pans and Salmon Fishing on Sunday—Against Papists, p. 300. Against hiring Shearers on Sunday, p. 302. Anent Large Declaration, p. 302. Act in favour of Vassals holding of Prelates and Chapters, p. 305. Act in favour of the Procurator, Clerk, and Agent for Kirk for their fees, p. 315. Act and Band for Maintenance of Acts and Constitution of this Parliament and of the Religion, &c, p. 316.

1641.

_Aug. 5._ Supplication of the Synod of Galloway against Thomas Mackie, p. 354.

_Aug. 9._ Declaration of General Assembly anent the Band subscribed by some Noblemen, p. 355.

_Aug. 13._ Proclamation discharging Noblemen and others who have not subscribed Covenant, to have seat or vote in Parliament, p. 361.

_Aug. 20._ Universities and Schools—Articles and desires given in by the Commissioners of the Kirk—Overtures concerning Universities and Schools, p. 365.

_Aug. 24._ The Treaty and Registration thereof, p. 369.

_Aug. 26._ The Treaty—Anent Ratification, p. 371.

_Aug. 31._ Ratification of Treaty, p. 286. Act and warrant for publishing and printing of the Acts in June 1640, p. 387.

_Sept. 1._ Vicarages—Monuments of Idolatry—Suspensions of Ministers Stipends—Papists and Non-Covenanters, p. 387. Discharging unlawful Marriages, p. 388.

_Sept. 2._ Vicarages—Non-covenanting Patrons—Escheitts of Papists—Monuments of Idolatry, pp. 388-9.

_Sept. 9._ Profession of Theology in University of Glasgow—Monuments of Idolatry—Noncommunicants and Excommunicates—Suspension of Ministers Stipends, and Colleges, Schools, and Hospitals, pp. 393-4.

_Sept. 10._ College of Glasgow—Distressed Ministers in the North—Monuments of Idolatry, &c., pp. 394-5.

_Sept. 11._ University of Glasgow—Propositions from Assembly, pp. 397-8.

_Sept. 14._ Distressed Ministers—Commission for Plantation of Kirks, p. 398.

_Sept. 17._ Committee for Ministers in the North, pp. 404-9.

_Sept. 24._ Gifts of Bishops’ Lands, Rents, &c.—Overtures from Kirk—Distressed Ministers, p. 410.

_Sept. 25._ Supplication of A. Johnston, Procurator for Kirk, pp. 413-17.

_Sept. 28._ Exoneration of Mr A. Henderson, p. 417.

_Sept. 29._ Act anent A. Pitcairn, Minister at Tannadyce, p. 422.

_Oct. 5._ Disunion of Kilmarnock Kirk, p. 428, and pp. 431-2.

_Oct. 22._ Commission and Overtures for the Kirk, p. 439.

_Oct. 26._ Committee for the Kirk—Kirk of Crieff, pp. 441-2.

_Oct. 30._ Reader at Kirk of Meigle, pp. 444-5.

_Nov. 1._ University of St Andrews, pp. 445-8.

_Nov. 3._ Ratification of the Gift, and Mortification of the Rents of the Bishopric and Priory of St Andrews to the University, p. 449.

_Nov. 12._ Commissioners for the Kirk, p. 460

_Nov. 13._ Reasons for reuniting the 7 Kirks in Dumbartonshire as they were in former time—Commissioners for Plantation of Kirks, p. 461.

_Nov. 15._ Plantation of Kirks—Breakers of the Lords day—Collegiate Kirks, Provostries and Prebendaries, pp. 466-73. Commission for Plantation of Kirks, p. 470.

_Nov. 16._ Supplication of John Guthrie, late Bishop of Morray—University of St Andrews—Collegiate Kirks—Superiority of Bishops Lands, p. 482. Commission for Visitation of Colleges of St Andrews, p. 498. Act in favour of Laik Patrons of Provostries, Prebendaries, Chaplainries, and Altarages, p. 500.

_Nov. 17._ Act anent the erection of the Kirk of Elie, p. 559. Do. of Anstruther Easter, p. 561. Denny, p. 562. Ratification of the Bishopric of Aberdeen to the Colleges, p. 565. To the College of Glasgow, p. 566. To the Kirk of Leith, p. 567. Kirk of Carrestoun, p. 568; and Bonds to Kirk thereof p. 569. Ratification to Minister of Turreff, p. 569. Of Patronage of the Kirk of Dyke to Earl of Dunfermline, p. 569; and Lordship of Dunfermline p. 571. Ratification to Leslie of Tack of Bishopric of Orkney, p. 577. Do. in favour of Minister of Culross, p. 578. Ratification to Marquis of Hamilton of Patronages of Calder and Monkland, p. 588. Ratification of disuniting Kirks of Kirkmabreck and Kirkdaill from Anveth, p. 595. Do. Teinds of Calder to Stirling of Keir, p. 596. To Minister of Donoone of 1200 merks, p. 597. Ratification of Barony, Regality, and Temporality of Glasgow Bishopric to Duke of Lennox, p. 597. Of Cathedral at Dornoch, p. 599. Do. to Minister and Schoolmaster at Glenluce, p. 6O2. Ratification of Gift to Town of Edinburgh of Teinds, &c., of Bishopric of Edinburgh, p. 605. Teinds of Kilrennie, p. 606. Castle of Spynie to Innes, p. 607. Of 1000 merks to the Cathedral of Dunkeld, p. 607. Patronage of Kirmaden, p. 608; and a great number of other ratifications of the same kind, amounting in all to 360—passed _in cumulo_.

THE
GENERAL ASSEMBLY,
AT EDINBURGH, 1643.

The proceedings of the Assembly in 1642, us the reader must have perceived, from the nature of some of its Acts, were of a very important character and tendency; and, having given the authenticated record, it now becomes requisite, with reference to the current of events, to recur to these in connection with the political occurrences with which they were combined, as forerunners of the proceedings in the Assembly of 1643.

It will be recollected that, some months previous to the Assembly of 1642, a complete rupture had taken place betwixt the King and the English Parliament—that both parties were busied in preparations for an appeal to arms—that the Commissioners for the Scotch Covenanters had tendered their mediation, and obtruded their unseasonable project for establishing Presbytery in England as the means of allaying all animosities betwixt the King and his English subjects—(a proposition which was reproved by the King, but encouraged by the parliamentary leaders)—and that, notwithstanding the King’s reasonable objections to the Scotch intermeddling with the affairs of England, a popular petition was presented to him, through the Scotch Council, persisting in these hostile intervenes respecting the Church of England. This took place on the very eve of the meeting of that Assembly on the 27th of July.

The King’s letter to the Assembly gave assurances of the most friendly kind with respect to the Kirk as now restored to its Presbyterian form and privileges, and called upon it to promote peace and obedience to the laws by precept and example. Soon after it met, a “Declaration of the Parliament of England” was also laid before it; but neither the date of that document, nor of its receipt, nor of the answer to it which is subjoined in the printed Acts, appears from thence. To the King’s letter, it will be observed there is, in the answer, an exuberant declaration of “great joy and gladnesse” on hearing it read, and assurances of promoting loyalty, peace, and religion. But this is followed by a pressing demand for “unity in religion and uniformity of church government, as a meane of a firme and durable union betwixt the two kingdomes, and without which, former experiences put us out of hope long to enjoy the puritie of the Gospel with peace,” &c.; and all this is wound up with a high rhetorical flourish. In the Declaration from the Parliament, the cunning malcontents, by whom it was sent, adopted a language suited to the taste of their Scottish confederates, ascribing all the troubles to “the plots and practises of a malignant party of Papists and ill-affected persons, _especially_ of the corrupt and dissolute Clergy;” the “instigation of Bishops and others,” actuated by “avarice and ambition, being not able to bear the reformation endeavoured by the Parliament.” And they express great concern for the King’s honour and state, “the glory of God, by the advancement of the true religion, and such a reformation of the Church as shall be most agreeable to God’s Word.”