Chapter XLVII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (44)

These strait bonds of your ancient and late love, do so possesse our hearts, that when the motions of the Commissioners of the honourable Houses of Parliament, and your Letters did challenge our advice and aid for defence of Religion, and advancement of Reformation; our smoaking desires for a more strict Union and Uniformitie in Religion betwixt both the Nations, did break forth into a vehement flame, in such sort, as when the draught of a League and Covenant betwixt both Kingdomes for defence of Religion, &c. was read in open audience. It was so unanimously and heartily embraced, with such a torrent of most affectionate expressions, as none but eye or ear-witnesses can conceive; whereof the two reverend Divines sent from you to us, being then present, no doubt will give you an account. Neither was it so onely with us, but also the honourable Convention of Estates here, with the like harmony of affectionate expressions, did entertain the same; So that we hope to be reall and constant in prosecuting the contents of this Covenant. When we in our straits fled to the Lord, and entred in Covenant with him, he owned us and our Cause, rebuked and dissipated our enemies, and hitherto hath helped us, and blessed our enterprises with success from heaven, notwithstand our great weaknesse and unworthinesse. We trust in the Lord, that as once it was prophesied of Israel and Judah; So shall Scotland and England become one stick in the hand of the Lord, they shall ask the way to Sion, with their faces thitherward, saying, Come, let us joyne our selves to the Lord in a perpetuall Covenant, that shall not be forgotten; And so shall come to passe, that the Lords Jerusalem in this Island, shall be a cup of trembling, and a burthensome stone to all their enemies round about. Though now it be the time of Jacobs trouble, the Lord will deliver him out of it. Reverend and dear Brethren, we conceive your case, and of all the Faithfull in that Land, to be no other then of a woman crying, travelling in birth, and pained till she be delivered. The great red Dragon, (under whose standard the sons of Belial are fighting) is your Arch-enemy, This cannot but be a time of fear and sorrow; But when the male childe shall be brought forth, the pain shall cease, and the sorrow shall be forgotten. We are very confident in the Lord, that you will be faithful to Jesus Christ, in the work committed to you by him in all his ordinances, and taking neither foundation, corner-stone, nor any part of the rubbish of Babell to build the City that is called, _The Lord is there_: But measuring all with the golden reed of the Sanctuary, you may more closely be united to the best Reformed Kirks, in Doctrine, Worship, and Government, that you may grow up in him in all things which is the head, even Christ.

And now Reverend and dear Brethren, though we know that you abound in all gifts and graces, the Spirit of Jesus Christ being plentifully powred out upon you, yet according to your desire and the motion made by the Commissioners of the Honourable Houses of Parliament, to testifie our hearty sympathie with you in the work of the Lord, We have nominate and elected some Godly and learned of this Church to repair to your Assembly. We doubt nothing of your hearty embracing them in the Lord, and their diligent concurrance with you in advancing that great work.

Not onely the common danger we are under, but the conscience of our duty to his suffering people, layeth bonds on us frequently to present you, and that blessed Work of Reformation, in your hands, to the throne of Grace, that the GOD of all Grace, who will call you into his eternall glory by Christ Jesus, after that you have suffered a while may make you perfect, stablish, strengthen, settle you.

_Subscribed in name of the Assembly of the Church of Scotland, by the
Clerk of the Assembly._

Edinburgh, August 19, 1643.

_The Assemblies Answer to the Reverend their beloved Brethren, Ministers in the Church of England._

REVEREND AND BELOVED,

Wee acknowledge with thankfulnesse to GOD, that this is one of the good blessings bestowed upon our Kirk of late, and a pleasant fruit of our free Assemblies, That a way is opened for keeping communion with our sister Kirks abroad, and correspondence with you our dear Brethren, in whose joy and sorrow we have so near interest, and whose cause and condition we desire to lay to heart as our own.

All your former Letters were most acceptable, and full of refreshment unto us, being taken as the earnest of a more full and constant fellowship, longed after and hoped for: And this your last, although full of sadnesse and sorrow, yet accounted of us all most worthy of our tenderest affection and best respects, both for your cause who sent it, and for these worthy witnesses which did attest it: Wherein as you have given unto us no small evidence, not only of your love, but also of trust and friendly respect, by choosing to poure out your grieved souls in our bosome; So we shall wish, and Godwilling endeavour, that you may really finde some measure of brotherly compassion in our receiving thereof. For these your sad expressions of deep sorrow, being as you have given us to conceive but a part of your complaint, and a lamentation lesse then the causes doth require, cannot but melt every heart, wherein there is any the least warmnesse of the love of Christ and his Saints: And what Childe of the Bridegrooms chamber, can hear the voice of so many friends of the Bridegroom, lamenting for the evils which have befallen Christs Bride in England, in the very night before her expected espousalls, and not sit down and mourn with them, except his heart be fallen asleep and frozen within him? This pitifull condition of our sister Church in England hes matter enough we confesse to move, yea, to rend our bowels.

If we should weigh this your heavie grief in the scales of common reason, we behoved either to stand aloof from your plague as men astonished, or sink down in heaviness and be swallowed up of sorrow: but when we ponder your sad condition in the Ballance of the Sanctuary, we finde that nothing hath as yet befallen unto you, save that which hath been the exercise of the Saints in former times, who have been made to sit down for a while in the shadow of death before the day of their deliverance. We finde nothing but that which may be a fit Preparation for a comfortable out-gate from all your troubles. What if it was necessary in the wise dispensation of Almighty GOD, that a People in great estimation for wisedome and power, such as England, should be thus farre humbled, as you declare, to the end that your deliverance may be seen hereafter to be of the Lord, and not of your selves? What if the Lord would not draw back his hand from the Wine-presse wherein you now lye, till he should draw forth from you these pitifull expressions of your low estate, and so provide himself witnesses against the day to come, that he may have the greater and purer glory in your salvation, and your gloriation may be in the Lord alone? Dear Brethren, comfort your selves in the Lord; this sowing in tears, doth promise a reaping in joy, and who knoweth how soon he will give to you who are mourners in Zion, beauty for ashes, the oyle of joy for mourning, the garment of praise for the spirit of heavinesse; That you may be called the trees of righteousnesse, the planting of the Lord, that he may be glorified.

Though weeping be in the evening of this begun Reformation and purging of the Lords House among you, yet in the morning when the discovered filthinesse and sweepings of the Temple shall be orderly cast out, joy shall come with thanksgiving and praise. Though a fire be kindled in the Land, yet it is not to consume any of the mettal, for the Lord is sitting down as a Refiner amongst you, and especially to purifie the sons of Levi, that he may have a more pure oblation of spirituall worship and service in all his holy ordinances throughout all the Land, which is no token of wrath, but of loving-kindnesse towards you. No wonder that Satan doth thus rage, as you relate, for-seeing his casting out: No wonder he stirre up all the children of disobedience, and kindle their naturall malice against the children of God with the inspiration of hellish fury: No wonder the spirit of Antichrist be mad, when the morsell half swallowed down, is like to be pulled out of his throat, the fat morsell of the rich Revenues of England: No wonder he be cruell against you the servants of Christ, who are consuming him by the breath of the Lords mouth.

You do well to expect no mercy, if Papists and Prelats prevail over you, neither desire we to deceive our selves with hopes to be free from what ther power and malice can do against us; for they will not do to us if they get the upper-hand, as we have done, and must do, if God bring them low again under us, as they were before; for we and they are led by the contrary spirits of Christ and Antichrist: We have laboured, and must labour for their conversion, but they (except in so far as God shall bridle them) will not rest without our destruction; for their fury against our persons is much more fierie then our zeal is fervent against their abominations. Let them follow the spirit of lying and murthering, wee must take us to our refuge, and joyne our selves with all that are sensible of the danger of the Reformed Religion in prayer and supplication, The Lord of hosts is with us, the God of Jacob is our refuge.

Now for advice, what can we say to you who are upon your watch-tower, wherein is the spirit of wisedome and counsell, who lye thus as humble Disciples under the Lords foot, who did never forsake them that sought him. Go on in the name of our Lord Jesus Christ, against all opposition, without fear of whatsoever dangers, to purge the House of the Lord, to repair the breaches thereof, to set up all his Ordinances in their full beautie and perfection, to the uttermost of your power, according to the pattern of the Word of GOD, and zeal of the best reformed Kirks; And let these two Kingdomes be knit together as one man in maintaining and promoving the truth of the Gospel; Let us enter in a perpetuall Covenant for our selves and our posterity, to endeavour that all things may be done in the House of GOD according to his own will, and let the Lord do with us what seemeth good in his eyes. Only wait upon the Lord, be of good courage, and he shall strengthen your heart. Let your hands be ever at your Masters Work, and hold your faces resolutely to his Cause. Watch ye, stand fast in the faith, quite your selves like men, be strong, for ye shall see the salvation of the Lord, and your labour shall not be in vain.

_Subscribed in name of the Generall Assembly of the Church of
Scotland, by the Clerk of the Assembly._

_Commission of the Generall Assembly for these that repair to the Kingdome of England._

The Generall Assembly of the Church of Scotland, finding it necessary to send some godly and learned of this Kirk to the Kingdome of England, to the effect under-written. Therefore gives full Power and Commission to Master Alexander Henderson, Master Robert Douglas, Master Samuel Rutherfoord, Master Robert Bailzie, and Master George Gillespie, _Ministers_, John Earle of Cassills, John Lord Maitland, and Sir Archbald Johnstoun of Waristoun _Elders_, or any three of them, whereof two shall be Ministers, to repair to the Kingdome of England, and there to deliver the Declaration sent unto the Parliament of England, and the Letter sent unto the Assembly of Divines now sitting in that Kingdome. And to propone, consult, treat and conclude with that Assembly or any Commissioners deputed by them, or any Committees or Commissioners deputed by the Houses of Parliament, in all matters which may further the Union of this Island in one forme of Kirk-government, one confession of Faith, one Catechisme, and one Directorie for the Worship of GOD, according to the Instructions which they have received from the Assembly, or shall receive from time to time hereafter from the Commissioners of the Assembly deputed for that effect. With power also to them to convey to his Majestie, the humble Answer sent from this Assembly to his Majesties Letter, by such occasion as they shall think convenient; And suchlike to deliver the Assemblies Answer to the Letter sent from some wel-affected Brethren of the Ministery there. And generally authorizes them to do all things which may further the so much desired Union, and nearest conjunction of the two Churches of Scotland and England, conform to their Instructions aforesaid.

_Reference to the Commission, anent the Persons designed to repair to the Kingdome of England._

The Assembly having this day approven the nomination made by the Commissioners of the late Assembly, of Persons to repair to the Synod of Divines in England: And having of new elected and nominated all the same persons, except Master Eleazar Borthwick, who is now with GOD. Therefore gives power to the Commissioners to be appointed by this Assembly for the publick affairs of this Kirk, to nominate and appoint any other whom they shall think meet in his place. And suchlike the Assembly refers to the said Commission, to consider whether it be convenient to send now at this present time to the Kingdome of England, all the persons appointed to go thither, and to designe the Persons whom they think meet to go at this present occasion, to determine the time of their dispatch, and to give unto them their Instructions. And further in case of sicknesse or death of any of the persons appointed for that employment, or in the case of any other necessary impediment of their undertaking the samine; Gives power to the said Commission, to nominate others in their place if the Commission shall finde it convenient.

_Commission for the Publick affairs of this Kirk._

The Generall Assembly, considering the laudable custome of this Kirk, in appointing Commissions betwixt Assemblies for the publick affairs of the Kirk, and the commendable practice of the late Assembly at Saint Andrews, in appointing their Commission for prosecuting that blessed Work, for uniting the Kirks of this Island in Religion and Kirk-government, by all lawfull and Ecclesiastick wayes, for continuance of our own peace at home, and of the common peace betwixt the two Nations, and for other good ends, as at length is exprest in that Commission: And finding that the painfull endeavours and proceedings of that Commission, unanimously approven in this Assembly, though they have much advanced that glorious Work of Unity in Religion and Government; yet hes not brought the samine to full perfection and a finall accomplishment: And the Assembly being now much animate and encouraged to prosecute that Work by the Parliament of England their Bills past against Episcopacie, and sundry other corruptions, and the good hopes of a solemne Covenant betwixt the Nations, And conceiving that in thir times of danger, there may be some occasions for conveening the Assembly, before the time indicted for their next meeting. Therefore the Assembly finding it necessary to appoint a new Commission, By these presents, nominates and appoints Mr Andrew Ramsay, Mr Alexander Henderson, Mr Robert Douglas, Mr William Colvill, Mr William Bennet, Mr George Gillespie, Mr John Adamson, Mr John Sharpe, Mr James Sharpe, Mr William Dalgleish, Mr David Calderwood, Mr Andrew Blackhall, Mr James Fleeming, Mr Robert Ker, Mr John Macghie, Mr Oliver Colt, Mr Hugh Campbell, Mr Adam Penman, Mr Richard Dickson, Mr Andrew Stevinson, Mr John Lauder, Mr Robert Blair, Mr Samuel Rutherfoord, Mr Arthur Morton, Mr Robert Traill, Mr Frederick Carmichell, Mr Mungo Law, Mr John Smith, Mr Patrick Gillespie, Mr John Duncan, Mr John Hume, Mr Robert Knox, Mr William Jameson, Mr Robert Murray, Mr Henry Guthrie, Mr James Hamilton, Mr Bernard Sanderson, Mr John Leviston, Mr James Bonar, Mr Evan Cameron, Mr David Dickson, Mr Robert Bailzie, Mr James Cunninghame, Mr George Young, Mr Andrew Auchinleck, Mr David Lindsay, Mr Andrew Cant, Mr John Oiswald, Mr William Douglas, Mr Murdoe Mackenzie, Mr Coline Mackenzie, Mr John Monroe, Mr Walter Stuart, _Ministers_: Marquesse of Argyle, Earle Marshell, Earle of Sutherland, Earle of Eglintoun, Earl of Cassills, Earle of Dumfermling, Earle of Lawderdail, Earle of Lindsay, Earle of Queensberrie, Earle of Dalhousie, Lord Angus, Vicount of Dudhope, Lord Maitland, Lord Elcho, Lord Balmerinoch, Lord Cowper, Sir Patrick Hepburne of Wauchtoun, Sir Archbald Johnstoun of Waristoun, Sir David Hume of Wedderburne, Sir Alexander Areskine of Dun, Sir William Cockburne of Langtoun, ________________ Ruthven of Frieland, Sir James Arnot of Fernie, Sir Walter Riddell of that Ilk, Sir Lodovick Houstoun of that Ilk, Sir William Carmichaell, Fiar of that Ilk, Laird of Bonjedburgh, Laird of Libbertoun, Laird of Brodie, Sir John Smith, James Dennistoun, Master Robert Barclay, John Rutherfoord, William Glendinning, John Sempill, John Kennedie, Master Alexander Douglas; To meet at Edinburgh the 21 day of August next, and upon any other day thereafter, and in any other place they shall think good. And gives and grants unto them, or any fifteen of them, there being twelve Ministers present, full power and Commission, to consider and performe what they finde necessary by Praying and Preaching, by supplicating his Majestie and all the Judicatories of this Kingdome, by Declarations and Remonstrances to the Parliament of England, to the Synod of Divines in that Kingdome, by Informations, Directions, and Instructions to, and continuall correspondence with the Commissioners, now designed by this Assembly to go to the Synod of Divines in England, or by any other lawfull Ecclesiastick wayes, for furtherance of this great Work, in the Union of this Island in Religion and Kirk-government, and for continuance of our own Peace at home, and of the common Peace betwixt the Nations, and keeping of good correspondence betwixt the Kirks of this Island. With power also to them to concurre with the Lords of Councell, Commissioners of Peace, or with the Honourable Estates assembled in Convention or Parliament, or with their Committees or Commissioners, in prosecuting this good Work at home or abroad by all Ecclesiastick wayes. And suchlike with power to them to prevent the dangers conteined in the Remonstrance, presented unto the Convention of Estates by the Commissioners of the late Assembly in June last, and to prosecute the remedies of these dangers conteined in another Remonstrance, presented by the saids Commissioners to the Convention the 6 of July last, by admonitions, directions, censures, and all other Ecclesiastick wayes. And further in case their Brethren of England shall agree to the Covenant betwixt the Kingdomes, the draught and frame whereof is now so unanimously approven in this Assembly Gives also unto the Persons foresaid, or the Quorum above-written, full Power and Authoritie to command and enjoyn the samine to be subscribed and sworn by all the members of this Kirk: And that in such order and manner, and with such solemnities as they shall think convenient for so great and glorious a Work; And to send their directions to Sessions, Presbyteries and Synods, for execution of their orders thereanent. And with power to proceed against any Person whatsoever, that shall refuse to subscribe and swear the said Covenant, with all the censures of the Kirk, or to refer the tryall and censures of such delinquents to Presbyteries or Synods as they shall think convenient. And such like gives unto the persons foresaids power and libertie, to call a Generall Assembly _pro re nata_, in case they shall finde the necessity of the Kirk, and this great Work to require the same: With full power also to them to give Answers in name of the Assembly, to all Letters sent to the Assembly from the Kirks of Holland, Zealand, or any other forraigne Reformed Kirks. And further gives power to them to promove the other desires, Overtures and recommendations of this, or of any former Assemblies to the Kings Majestie, Parliament or Convention of Estates, to the Lords of Councell, Session, Exchequer, Commissioners of Parliaments, for plantations of Kirks, for the common burdens, and for conserving the Peace. And suchlike gives us full power and Commission to them to treat and decerne in any other matters referred, or to be referred to them by this Assembly, as if the samine were herein particularly insert. And generally gives unto the Persons foresaids, or the Quorum above-mentioned full power and Authoritie, to do and performe all things which may advance, accomplish, and perfect the great Work of Unity of Religion, and Uniformity of Kirk-government in all his Majesties Dominions, and which may be necessary for good order in all the publick affairs of this Kirk, until the next Assembly, _ne quid detrimenti capiat Ecclesia_. With als ample power in all matters particularly or generally above-mentioned, as any other Commission of Generall Assemblies, hes had or been in use of before; They being alwayes countable to, and censurable by the next Generall Assembly, for their proceedings thereintill.

* * * * *

The Generall Assembly appoints the meeting of the next Generall Assembly, to be at Edinburgh the last Wednesday of May, in the year 1644.

FINIS.

INDEX _of the_ ACTS _of the_ ASSEMBLY _holden at_ EDINBURGH, 1643. _Not printed._

1.—The Kings Majesties Commission to Sir Thomas Hope of Craighall, Knight, his Majesties Advocate.

2.—Election of Master Alexander Henderson, Moderatour.

3.—Appointment of Master John Scot, who was sent from the Presbyterie in the Scottish Army in Ireland, to be present in the Assembly every Session.

4.—Questions propounded by the Moderatour, to some brethren in the North, anent some Papists there, and there answer thereunto.

5.—Commission for visitation of the University of S. Andrews.

6.—Letters from Master William Spang, Minister of the Scots Kirk at Campheir, with attestations of some Dutch Kirks, anent hinging of Pensills in Kirks, &c.

7.—Act for summar excommunication of Adam Abercrombie.

8.—Approbation of the deposition of Master John Forbes, with an ordinance for his subscribing the Covenant.

9.—Questions from the Presbyterie of Hadington with the Assemblies resolution thereof, anent Sir John Seaton, and his daughter.

10.—Approbation of the advice of the Commissioners of the late Assembly at S. Andrews, for not printing two Acts of the last Assembly held at Aberdene.

11.—Approbation of the Lord Maitland his faithfull discharging the Commission given to him by the late Assembly at S. Andrews for repairing to the Kings Majestie, and Parliament of England, &c.

12.—Committee appointed to meet with the English Commissioners.

13.—Power of Collectorie to Master Robert Dalgleish, of the annuitie of 500 lib. sterling, granted by his Majestie to the Kirk.

14.—Approbation of the Lord Marquesse of Argyle his apprehending Ronald Macronald, Priest.

15.—Approbation of the Laird of Birkenboge, for apprehending John Robeson, Priest.

16.—Renunciation of the unlawfull Band, conforme to the ordinance of the Assembly at Edinburgh, 1641.

17.—Recommendation anent the captives in Argiers.

18.—Approbation of Master Alexander Henderson, his faithfull and wise carriage in discharging of the Commission given to him by the Commissioners of the late Assembly, for going to His Majestie, &c.

19.—Report of the Committee appointed to meet with the English Commissioners.

20.—Report of the Committee appointed for trying the Presbyterie of Auchterarder, The Assemblies approbation, admonition, and publick rebuke of the severall brethren of that Presbyterie respective, according to their behaviours.

21.—Suspension of Master John Grahame. With [Answers.]

22.—The ordinance for debarring the Ministers who are Commissioners of that Presbyterie, from this Assembly.

23.—Recommendation to the Synod of Perth for reconciling the differences amongst the brethren of that Presbyterie.

24.—Publick rebuke of Master Henry Futhie.

25.—Recommendation of the desire of Sir John Crawfurd of Kilburnie, Knight, to the Presbyterie of Dumbartan.

26.—Anent Doctour Howies papers.

27.—Act anent the desire of the Letters sent from the Minister of the Scottish Kirk at Campheir.

28.—Recommendation to him, to urge the subscribing of the Covenant.

29.—Deposition of Master Andro Logie.

30.—Erection of a Presbyterie at Biggar, with a suspension of entrie thereunto.

31.—Reference of the matter betwixt the parishoners of Closburne, &c., and the Presbyterie of Penpont, to the Synod of Dumfreis.

32.—Reference of the Petition of Dunscoir to the Commiss. Parl. for plantation of Kirks.

33.—Recommendation anent the Kirk of Carubie, to the Presbyterie of S. Andrews.

34.—Remitt. anent Traflat and Drungrey, to the Synod of Dumfries.

35.—Act anent Roger Lindesay of Maines his Excommunication, With a Recommendation to the Convention of Estates concerning him.

36.—Recommendation to the Convention of Estates, anent persons excommunicate.

37.—Commission for visitation of Orkney, Zetland, &c.

38.—Act anent the Kirk of Stracathro.

39.—Recommendation anent erecting a Kirk at Seatoun.

40.—Reference to the Commission to be appointed by this Assembly, for the publick affairs of this Kirk, for providing the Universitie of Aberdene with a Professour of Divinity.

41.—Reference to the said Commiss. for providing a Professour of Divinitie to the Universitie of S. Andrews.

42.—Committee appointed to conferre with the English Commissioners upon the Papers presented by them to the Assembly upon the 15 of August.

43.—Committee to conferre also with the Committee of the Convention of Estates thereanent.

44.—Ordinance that Master Alexander Henderson, Master David Calderwood, and Master David Dickson, make some draught and forme of the publick Directorie for Worship.

45.—Act for proceeding with Ecclesiastick censures against the murderers of William Creightoun.

46.—Commission appointed to sit at Air for the particulars concerning the parochiners of Stainiekirk, &c.

47.—Triall of the Synod books.

48.—Approbation of the Act of the last Assembly, concerning the power granted to Sir Archibald Johnstoun, Procurator of the Kirk, and Clerk to the Assembly.

49.—Recommendation of the matter concerning a Collegue to the Minister of Dumfreis, to the Commissioners of Parliament for plantation of Kirks.

50.—Recommendation to the Synod of Lowthian, to try the proceedings of the Presbyterie of Peebles, in admission of Master John Hay to the Kirk of Peebles.

51.—Reference of Master John Mackinzie to the Commission of the Generall Assembly.

52.—Act for proceeding against the Presbyterie of Sky, for not keeping the Synod.

53.—Recommendation to the Lord Marquesse Argyle, to move the ruling Elders in Argyle, to be more observant of Presbyteries and Synods.

54.—Recommendation to the Lord Marquesse Argyle for planting Loquhaber.

55.—Ordinance for suppressing of sub-synods.

56.—Ordinance for deleting an Act of the Synod of Murray.

57.—- Reference anent the order of triall of Synods, Presbyteries, and Kirks, With a recommendation for using the orders set down in the Assemblies 1638 and 1602, in the interim.

58.—Commission for planting the Kirks of Edinburgh.

59.—Remitt. to the Presbyterie of S. Andrews anent the Kirk of Largo.

60.—Recommendation of Master James Fairlie, to the Commission of this Assembly.

61.—Recommendation anent the Bill given in by William Janson, Printer in Amsterdam.

62.—Reference anent Master Robert Fleiming to the Commission appointed to sit at Air.

63.—Report and approbation of the proceedings of the Commission of visitation of the Universitie of Glasgow.

64.—Commission of Visitation of that Universitie.

65.—Report of the Committee anent the distressed people in Ireland.

66.—Recommendation to the Commissioners of the Generall Assembly, to sit at Edinburgh anent Expectants to go to Ireland.

67.—Acts anent James Murray.

68.—Recommendation of Master Robert Brown.

69.—Commission to the Presbyterie of Edinburgh, for his admission to the Earle of Irwins Regiment.

70.—Report of the Committee anent the receiving and dispensing of his receipts of the annuitie of five hundred pound sterling, &c. And approbation thereof.

71.—Report of the Committee appointed to consider the References from the Commission of the late Assembly.

72.—Act for Master Andrew Murray, Minister at Ebdie, his exercise of his calling of the Ministerie, and for rejecting honours, &c. Incompatible with that calling.

73.—Recommendation Master William Bennet, Minister at Ancrum, to abstain from civill courts and meetings, &c.

74.—Recommendation to the Commissioners of the Assembly for tryall if any Excommunicate Papists, be in the Scotish Regiments in France, &c.

75.—Recommendation of Master Iames Iohnstoun.

76.—Reference of Tillifruskie to the Presbyterie of Edinburgh.

77.—Recommendation anent Laird Gagies mortification.

78.—Recommendation of Master Alexander Trotter.

79.—Recommendation anent the dismembring some parts of the Paroch of Hadintoun, to be a severall Parochine.

FINIS.

=Miscellaneous Historical Documents.=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1643.

The League and Covenant referred to in the Acts, as “to be printed at the return thereof,” when received and approven of by the Parliament of England and Assembly of Divines, is not among the printed Acts of that or any subsequent year; but as it was afterwards sanctioned by these bodies, and the States of Scotland, we think it advisible, for the sake of connection and distinctness, to insert it and the Act of Ratification in this place.

August 17, 1643.

_A Solemne League and Covenant for Reformation and Defence of Religion, the Honor and Happinesse of the King, and the Peace and Safety of the three Kingdomes of Scotland, England, and Ireland_.[301]

Wee Noblemen, Barons, Knights, Gentlemen, Citizens, Burgesses, Ministers of the Gospel, and Commons of all sorts, in the kingdomes of Scotland, England, and Ireland, by the providence of GOD, living under one King, and being of one reformed religion, having before our eyes the glory of GOD, and the advancement of the kingdome of our Lord and Saviour JESUS CHRIST, the honour and happinesse of the Kings Majestie and his posterity, and the true publick liberty, safety, and peace of the kingdomes, wherein every ones private condition is included: And calling to minde the treacherous and bloudy plots, conspiracies, attempts, and practices of the enemies of GOD, against the true religion and professours thereof in all places, especially in these three kingdomes, ever since the reformation of religion; and how much their rage, power, and presumption are of late, and at this time, increased and exercised; whereof the deplorable state of the church and kingdome of Ireland, the distressed estate of the church and kingdome of England, and the dangerous estate of the church and kingdome of Scotland, are present and publick testimonies; we have now at last, (after other means of supplication, remonstrance, protestation, and sufferings,) for the preservation of our selves and our religion from utter ruin and destruction, according to the commendable practice of these kingdomes in former times, and the example of GODS people in other nations, after mature deliberation, resolved and determined to enter into a mutuall and Solemne League and Covenant, wherein we all subscribe, and each one of us for himself, with our hands lifted up to the most High GOD, do swear,

I. That we shall sincerely, really, and constantly, through the grace of GOD, endeavour, in our severall places and callings, the preservation of the reformed religion in the Church of Scotland, in doctrine, worship, discipline, and government, against our common enemies; the reformation of religion in the kingdomes of England and Ireland, in doctrine, worship, discipline, and government, according to the word of GOD, and the example of the best reformed Churches; and shall endeavour to bring the Churches of GOD in the three kingdomes to the nearest conjunction and uniformity in religion, confession of faith, form of church-government, directory for worship and catechizing; that we, and our posterity after us, may, as brethren, live in faith and love, and the Lord may delight to dwell in the midst of us.

II. That we shall, in like manner, without respect of persons, endeavour the extirpation of Popery, Prelacy, (that is, church-government by Archbishops, Bishops, their Chancellors, and Commissaries, Deans, Deans and Chapters, Archdeacons, and all other ecclesiasticall Officers depending on that hierarchy,) superstition, heresie, schisme, profanenesse, and whatsoever shall be found to be contrary to sound doctrine and the power of godlinesse; lest we partake in other mens sins, and thereby be in danger to receive of their plagues; and that the Lord may bee one, and his name one, in the three kingdomes.

III. We shall, with the same sincerity, reality and constancie, in our severall vocations, endeavour, with our estates and lives, mutually to preserve the rights and privileges of the Parliaments, and the liberties of the kingdomes; and to preserve and defend the Kings Majesties person and authority, in the preservation and defence of the true religion, and liberties of the kingdomes; that the world may bear witnesse with our consciences of our loyalty, and that wee have no thoughts or intentions to diminish his Majesties just power and greatnesse.

IV. We shall also, with all faithfulness, endeavour the discovery of all such as have been or shall be incendiaries, malignants, or evil instruments, by hindering the reformation of religion, dividing the King from his people, or one of the kingdomes from another, or making any faction or parties amongst the people, contrary to this League and Covenant; that they may be brought to publick triall, and receive condigne punishment, as the degree of their offences shall require or deserve, or the supreame judicatories of both kingdomes respectively, or others, having power from them for that effect, shall judge convenient.

V. And whereas the happinesse of a blessed peace between these kingdomes, denyed in former times to our progenitors, is, by the good providence of GOD, granted unto us, and hath been lately concluded and settled by both Parliaments; we shall each one of us, according to our place and interest, endeavour that they may remaine conjoined in a firme peace and union to all posterity; and that justice may be done upon the wilfull opposers thereof, in manner expressed in the precedent article.

VI. Wee shall also, according to our places and callings, in this common cause of religion, liberty, and peace of the kingdomes, assist and defend all those that enter into this League and Covenant, in the maintaining and pursuing thereof; and shall not suffer ourselves, directly or indirectly, by whatsoever combination, persuasion, or terrour, to be divided and withdrawen from this blessed union and conjunction, whether to make defection to the contrary part, or to give ourselves to a detestable indifferency or neutrality in this cause, which so much concerneth the glory of GOD, the good of the kingdomes, and honour of the King; but shall, all the dayes of our lives, zealously and constantly continue therein against all opposition, and promote the same, according to our power, against all lets and impediments whatsoever; and, what we are not able ourselves to supresse or overcome, we shall reveal and make known, that it may be timely prevented or removed: All which we shall do as in the sight of GOD.

And, because these kingdoms are guilty of many sins and provocations against GOD, and his Son JESUS CHRIST, as is too manifest by our present distresses and dangers, the fruits thereof; we professe and declare, before GOD and the world, our unfeigned desire to be humbled for our own sins, and for the sins of these kingdomes: especially, that have not as we ought, valued the inestimable benefit of the gospel; that we have not laboured for the purity and power thereof; and that we have not endeavoured to receive CHRIST in our hearts, nor to walk worthy of him in our lives, which are the causes of other sins and trangressions so much abounding amongst us: and our true and unfeigned purpose, desire, and endeavour for ourselves, and all others under our power and charge, both in publick and in private, in all duties we owe to GOD and man, to amend our lives, and each one to go before another in the example of a reall reformation; that the Lord may turn away his wrath and heavy indignation, and establish these churches and kingdomes in truth and peace. And this Covennnt we make in the presence of ALMIGHTY GOD, the Searcher of all hearts, with a true intention to performe the same, as we shall answer at that great day, when the secrets of all hearts shall bee disclosed; most humbly beseeching the LORD to strengthen us by his HOLY SPIRIT for this end, and to blesse our desires and proceedings with such successe, as may be deliverance and safety to his people, and encouragement to other Christian churches, groaning under, or in danger of, the yoke of anti-christian tyrannie, to joyn in the same or like association and covenant, to the glory of GOD, the enlargement of the kingdome of JESUS CHRIST, and the peace and tranquillity of Christian kingdomes and commonwealths.

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July 15, 1644.

_Act anent the Ratification of the calling of the Convention, Ratification of the League and Covenant, Articles of Treatie betwixt the Kingdomes of Scotland and England, and remanent Acts of the Convention of Estates, and Committee thereof._[302]

The Estates of Parliament, presently conveened by vertue of the last Act of the last Parliament, holden by his Majestie, and the three Estates, in _anno 1641_, Considering, that the Lords of his Majesties Privie Councel, and Commissioners for conserving the articles of the treatie, having, according to their interests and trust committed to them by his Majestie and Estates of Parliament, used all meanes, by supplications, remonstrances, and sending of Commissioners, for securing the peace of this kingdome, and removing the unhappy distractions betwixt his Majestie and his subjects in England, in such a way as might serve most for his Majesties honour, and good of both kingdomes; and their humble and dutifull endeavours for so good ends having proven ineffectuall, and their offer of mediation and intercession being refused by his Majestie; and thereby finding the weight and difficultie of affaires, and the charge lying on them to be greater then they could beare; did therefore, in the moneth of May 1643, meet together with the Commissioners for the common burdens, that, by joynt advice, some resolution might be tane therein; and in respect of the danger imminent to the true Protestant religion, his Majesties honour, and peace of thir kingdomes, by the multitude of Papists and their adherents in armes in England and Ireland, and of many other publick and important affaires, which could not admit delay, and did require the advice of the representative body of the kingdome; appointed and caused indict a meeting of the Convention of Estates (his Majesty having formerly refused their humble desires for a Parliament) to be upon the 22d of June following; which diet being frequently kept by the Noblemen, Commissioners of shires and burrowes, and they finding these dangers against this kirk and state still increasing, Resolved, after serious deliberation and advice of the Generall Assembly, and joynt concurrence of the Commissioners authorized by the Parliament of England, that one of the chiefest remedies for preventing of these and the like dangers, for preservation of religion, and both kingdomes from ruine and destruction, and for procuring of peace, That both kingdoms should, for these ends, enter into Covenant; which was accordingly drawne up, and cheerfully embraced and allowed. Whereat the opposite and malignant party, more enraging then before, did gather their strength and power against the same, so as the Estates were necessitate to put this kingdome into a posture of defence; and for this purpose, appointed Colonels and Committees of Warre in the severall shires for exercising the forces therein, and putting them in readinesse for mutuall defence, in this cause of Religion, his Majesties honour, and peace of his kingdomes, as they should be required by the Estates, or their Committee who were entrusted with the charge of the publicke effaires of the kingdome during the not sitting of the Estates. And at last a treatie was agreed unto by both kingdomes, concerning the said Covenant, and assistance craved from this kingdome by the kingdome of England, in pursuance of the ends expressed therein, and another Treatie for settling a Garrison in and securing of the Town of Berwick, as the same more fully proports, conforme whereunto orders were issued forth, and an Armie raised out of the shires and burrowes of this kingdome and sent unto England. And the Estates finding themselves bound in dutie and conscience to provide all means of supply of that Army, and relieving the Scots Army in Ireland, did resolve that the same should be by way of Excise, as the most constant, just, and equall way, least prejudiciall to the kingdome, and most beneficiall to the cause in hand, and ordained certaine rates and summes to be raised off the commodities contained in the Act made thereanent, and schedule there unto annexed; and in respect of the necessitie of present money, and that the Excise could not be gotten timously in for supply of the army, did appoint that all persons within this kingdome who had moneys, or by their credit could raise and advance the same, should lend such summes to the Estates or their Committee as they should be required, upon assurance of repayment from the publick in manner contained in the Acts made thereanent; and gave orders to their Committee to see them put in execution, who have accordingly beene carefull in discharge of that trust committed to them:—And the Estates being still desirous to use all good meanes, that, without the effusion of more bloud, there may be such a blessed pacification betwixt his Majestie and his subjects, as may tend to the good of religion, his Majestie’s true honour and safety, and happinesse of his people, did therefore give commission to John Earle of Loudoun, Lord Chancellor, Lord Maitland, Lord Waristoun, and Mr Robert Barclay, to repaire to England, and endeavour the effectuating of these ends contained in the covenant and treaties, conforme to their instructions. And, in this interim, the Estates being informed of the traiterous attempts of some unnaturall countreymen, who, in ane hostile manner, invaded this kingdome toward the south, and had their complices in armes in the north, all for ane designe, of subverting the religion, lawes, and liberties of the kingdome, were necessitate, for suppresing thereof, to direct an army to the south, under the command of the Earle of Calender, and a Committee of the Estates to be assisting to them; another armie to the north, under the command of the Marquesse of Argyle, and a Committee to goe along with him.

And the said Estates having taken the proceedings above written to their consideration, do finde and declare, That the Lords of Councell, and conservers of peace, did behave themselves as faithfull counsellors, loyall subjects, and good patriots, in tendring their humble endeavours for removing the distractions betwixt his Majestie and his subjects, and in calling the Commissioners for the common burdens, and, by joynt advice, appointing the late meeting of Convention, wherein they have approven themselves answerable to the dutie of their places, and that trust committed to them; and therefore ratifies and approves their whole proceedings therein, and declares the said Convention was lawfully called, and als full and free in itselfe, consisting of all the members thereof, as any Convention hath beene at any time bygone; and ratifies and approves the severall Acts made by them, or their committee, for enjoining the Covenant, appointing of Committees, putting the kingdome in a posture of Defence, allowing the Treaties, raising of Armies, and sending them into England, establishing the Excise and borrowing of money, and all other Acts, Decreets, Sentences, Precepts, Warrants, Commissions, Instructions, Declarations, and other Deeds done by them. And also, the said Estates of Parliament (but prejudice of the premisses, and of the generall ratification above mentioned) ratifies, approves, and confirms the foresaid mutuall League and Covenant, concerning the reformation and defence of religion, the honour and happinesse of the King, and the peace and safety of the three kingdomes of Scotland, England, and Ireland; together with the acts of the Kirk and Estate authorizing the same League and Covenant; together also with the foresaid articles of treaty agreed upon betwixt the said Commissioners of the Convention of Estates of Scotland and the Commissioners of both the Houses of Parliament of England, concerning the said Solemne League and Covenant, and the settling of the Towne and garrison of Berwick with the foresaids Acts establishing the Excise and borrowing of moneyes, respective above mentioned. And the said Estates ordaines the same Acts, with the League and Covenant above specified, acts authorizing the same, and the articles of treaty foresaid, to have the full force and strength of perfect lawes and acts of Parliament, and to be observed by all his Majesties lieges, conform to the tenors thereof respective. Of the which League and Covenant, Acts authorizing the same, Treaties above written, and Acts for establishing the Excise, and for borrowing of money, the tenors follow: [As above.]

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2. _Principal Baillie’s Journal of the General Assembly 1643, in a Letter to the Rev. William Spang, September 22, 1643._[303]

REVEREND AND DEAR COUSIN,

It is marvelled, that your Prince is pleased so long to do nothing, but once in a year to take a look on the enemy’s country, and return without any attempt. But that which touches our heart to the quick, is the lamentable case of England. The great weakening of Essex’s army by sickness and runaways, left brave Waller to be overmastered and routed by the Cavaliers, so amused Bristol, that either through treachery or cowardice, that great and most considerable city was delivered. This was a terrible stroke to the parliament, that Essex, with the relicks of his army, remain in and about the city. The country for the most seems to be abandoned. We know what may hinder the King to come near. It seems that Manchester and Waller, with their new army of citizens, will fight, if the Cavaliers come to assault or beleaguer the city. Their mistrusts and slowness have undone them, if God work not wonders. The few Lords that made their upper house have been their wrack, when Northumberland and Sey have given them cause of jealousy in whom they could confide. For the present the parliament-side is running down the brae. They would never, in earnest, call for help till they were irrecoverable; now, when all is desperate, they cry aloud for help: and how willing we are to redeem them with our lives, you shall hear.

August 1st. Being advertised by my Lord Wariston to be in town some time before the synod, for advisements, Mr David Dick and I came in on Tuesday August 1st; where some few of us meeting in Wariston’s chamber, advised whom to have on committees for bills, reports, and other things. Our greatest consultation was for the moderator. We foresaw great business was in hand: strangers were to be present: minds of my brethren were exasperated. Mr Henderson was the only man meet for the time: yet it was small credit to us, who so oft were necessitated to employ one man: besides, the moderation would divert him from penning such writs as seemed he behoved to pen before the assembly rose. We were inclined, therefore, that Mr R. Blair should moderate; but by God’s good providence, both to him and to us, he being visited with a flux and gravel, was not able for some days to come from St Andrew’s: therefore necessity drove us to resolve on Mr Alexander; so much the more, as we found that very day his Majesty’s commission was unexpectedly thrust on the Advocate. It seems the commission from Oxford hath come to the Secretary, Lanerk, blank, to be filled with whose name he and some others thought expedient. Sometimes Lindsay, sometimes Glencairn, were spoken of; but both finding the impossibility to execute the instructions to the King and country’s good liking, refused the charge; and put in, beside his knowledge, and contrary to his mind, the Advocate’s name: of whom they had small care, whether he lost himself or not. The instructions were thought to be very hard; yet the Advocate did not execute, nor name any of them to count of; for he was so wise, and so well dealt with by his two sons, that he resolved to say nothing to the church or country’s prejudice.

On Wednesday, August 2d, was a solemn fast for the members of the assembly. Mr Douglas preached before noon, and Mr Henderson after, both very satisfactorily. That same day we had our first session, in a little room off the east church, which is very handsomely dressed for our assemblies in all time coming when we shall have them there, The commissions were given in: some small burghes had none: far-off presbyteries had but one. His Majesty’s commission was read in the the ordinary tenor. Our clerk made the ordinary exception against the clause of the assembly’s translation with the Commissioner’s advice. His Grace offered to get that clause so qualified as hereafter the commission might pass without exception. This at divers times he offered; but want of leisure, or something else, hindered the performance. As the custom is, the moderator gave the leet of one whom he intended, and other three, Mr William Jamison, Mr Robert Murray, and me, whom he knew would not come in balance with Mr Henderson. When we were removed, much din was made for addition to the leet; for divers who knew not the secret, and considered not the necessity of the times, intended to have had Mr James Bonner, or Mr David Lindsay, moderator; neither whereof had been meet. To prevent their design, the leet was framed as you hear; and when they pressed addition, it was voiced, and carried, that notwithstanding of the assembly’s liberty to add, yet at that time it was not expedient to make any addition, so unanimously Mr Henderson was declared moderator. The King’s letter to the assembly was read. The matter was very fair; remembering us of our obligations to him, in conscience, and for the great benefits we had received; and exhorting us to the study of peace; but the inscription was most strange and base, “To our trusty and well-beloved Sir Thomas Hope of Craighall, and the rest conveened with him in the general assembly,” or such words. Notwithstanding, his Grace shewed us, that he had warrant to declare, in his Majesty’s name, that beside all the benefits already granted, he was willing to do all further what the assembly conceived necessary for the benefit of religion. Argyle desired that this might be put in writ: but presently his Grace began to eat it in: yet promised to give in to-morrow, under his hand: but when it came, it was clogged with prejudicial limitations, that we requested it might be taken back, and no more memory to be of any such offer. There were a great number of noblemen members of the assembly, the Chancellor for Irvine; yet being debated in council, that the Chancellor behoved to carry the purse with the commission, where-ever he appeared with the Great Commissioner, he thought it not expedient to accept the commission; wherefore Eglinton was put in the commission of Irvine, by the commissioners of the presbytery there present. None of the noblemen attended the Commissioner: at once the great commission will become vile. They sat at our table constantly before noon; for afternoon they behoved to keep with the states, Argyle, Sutherland, Marischal, Eglinton, Cassils, Lauderdale, Dumfermling, Dalhousie, Buccleugh, Queensberry, Didup, Angus, Balmerino, Maitland, Coupar, Lindsay, Balcarras, Sinclair, Elcho, and others.