Chapter LVIII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (55)

Montrose, with ranks more crowded and better appointed than heretofore, descended from the mountains, and passing by the Convention and the troops at Perth, whom he treated with scorn, advanced southward with rapidity. Approaching the northern shore of the Forth, through Kinross-shire, he consigned Castle Campbell (belonging to Argyle) to the flames. He thence proceeded westward, marking his progress by similar acts of vengeance; and crossing the river Forth at a ford some miles above Stirling—the castle of which he had no means of assailing—he then bent his course in a westerly direction for the purpose of dispersing the new levies in the south-western counties, and of advancing to the aid of his royal master in England. When he had advanced as far as Kilsyth, he learned, on the 15th of August, that Baillie, who had decamped from Perth, and taken the shorter route by Stirling Bridge, was advancing towards him. That able commander, knowing full well the spirit of Montrose and of his troops, would have avoided a general engagement, but was overruled by Argyle and other nobles, forming a Committee of the Estates, who urged on the attack. Montrose was advantageously posted, and eager for the fight; his men stripped to their shirts; and thus prepared “to do or die.” The Covenanters, ere yet they were fully formed, began the attack on an outpost; upon which Montrose, seeing and snatching the favourable moment, poured down his daring followers to the combat, to which they rushed in close columns with a wild shout that appalled their antagonists, whose ranks they pierced, and whom they dispersed and slaughtered with scarcely a shew of resistance, for the space of more than ten miles. Four or five thousand of the Covenanters were slain on the field and in the flight; and the only semblance of an army which the Covenanters had on foot in Scotland was thus utterly routed and dissipated. On this, as on former occasions, Argyle sought personal safety in a barque on the Frith of Forth, at the nearest point to the scene of action.

The capital surrendered on his advance, and there, as well as elsewhere, he liberated a number of the King’s friends who were in captivity; and so many persons of rank and consideration joined his standard, that he called a Parliament to be held in Glasgow in the King’s name. For the time, he was the conqueror of Scotland, save only its few castles; but even if he had possessed the means of reducing them, that formed no part of his scheme, which was to reach and join the Royal standard in England. Meanwhile, the leading men of the Convention and others fled for concealment in all directions; and, for a brief space, the power of the Covenanters was completely broken. But, from the very nature of Montrose’s armaments all along, they were liable to frequent mutations. Destitute of what have been emphatically termed “the sinews of war”—the funds for regularly maintaining his followers in the field—they ever and anon, as volunteers, retired to their homes, to the harvesting, and other pursuits, without leave asked or given; and even after the triumphant Battle of Kilsyth, when he had thus become master of Scotland, and might then have trodden the Covenanters under foot, his forces melted away, until it was diminished nearly to the condition in which it had been when he traversed the wilds of Atholl and Badenoch.

Having communicated with the King, whose fortunes were then at the lowest ebb in England, and urged him to draw near the northern border, so as to form a junction of their respective forces, Montrose received, by the hands of Sir Robert Spottiswood, a commission, under the Great Seal, appointing him Captain-General and Lieutenant-Governor of Scotland. Thus fortified, and animated by the sanguine spirit which had already achieved such wonders under the most disadvantageous circumstances, Montrose began his March towards the Border, and, early in the month of September, took up his cantonments at Selkirk; one portion of his little army (the cavalry) being quartered in that hamlet, and the other division of it being encamped at Philiphaugh, on the opposite bank of the Yarrow. Meanwhile the tidings of the disasters and despair of the Covenanters at home had reached the army in England. The chief men of that party were skulking in Berwick and other places near the Border, which were occupied by the Covenanting forces—and David Leslie was detached with five or six thousand of the Scottish auxiliary army, composed chiefly of cavalry, to check the progress of Montrose in Scotland. He crossed the Border at Berwick, and proceeded on the route towards Edinburgh, with the view apparently of intercepting the return of Montrose’s adherents from the north and the Highlands. But he was too good a general either to disclose his real intention, or to overlook any advantage which offered itself in the course of his operations.

When Leslie had advanced so far as Musselburgh, and was within two hours’ march of Edinburgh, he suddenly changed his route, and started across the country by Middleton to Melrose, within four miles of Montrose’s cantonments. Leslie’s troops were quartered at Melrose on the 12th of September, and reposed there and in its vicinity during the night; and early next morning, covered by a thick mist, approached Montrose’s encampment on Philiphaugh. All the chief gentry on the Border being at the time in the interest of the Covenanters, and their vassals and tenantry being, of course, like-minded according to the feudal feelings which then prevailed; and Montrose being lulled to a fatal security by past success, and a belief that Leslie was in or near Edinburgh, had not his scouts on the outlook. Leslie, favoured by these circumstances, suddenly and unexpectedly attacked the camp of Montrose, when unprepared for the contest, on the morning of the 13th of September. Dividing his force into two portions, they respectively attacked Montrose’s infantry on either flank; and the first tidings which their chief heard that an enemy was near, were the sounds of battle from the opposite bank of the Yarrow. Mustering his cavalry in all haste, he rushed to the battle field, but too late for his presence being available. Although his gallant followers fought with their wonted enthusiasm, many of them were already either slaughtered or taken prisoners ere he reached the scene of conflict; and although he and his companions did all that skill or valour could accomplish in such circumstances, it was in vain. Montrose continued the desperate combat until all that remained of his force was only thirty of his cavalry, the greater number being either killed, taken prisoners, or sheltered from the rout in an adjoining wood. With this wreck of his band, he retreated up the Yarrow and crossed over to Peebles, where a few of his followers who had escaped joined him. After this disastrous affair, Montrose once more retreated to the Highlands, where for the present we must leave him.

We cannot pass on from this narrative of the Battle of Philiphaugh, without recording that the successful commander, David Leslie, tarnished his laurels by a cold-blooded massacre of the prisoners he had captured, at the instigation, it has been confidently affirmed, of the Covenanting clergy. Many of the prisoners were taken to Newark Castle; and, while several persons of rank and better condition were reserved for future vengeance, those of an inferior class were butchered in scores in the court-yard of the Castle, like cattle in the shambles: one hundred persons, at least, were put to death on this occasion. A more atrocious outrage against all the usages of civilized warfare never was committed, save in the modern times of Spanish barbarity; and these hapless men, it most be remembered, were taken prisoners while bearing arms under the commission and in the cause of their lawful Sovereign, whose title and authority the Covenanters at that time did not impugn, but, on the contrary, affected to vindicate and uphold. If in future turns of fortune, the Covenanters became the victims of bloody persecution, let it not be forgotten, that this system of wholesale murder originated in the massacre at Newark Castle. It must be stated, however, in palliation of this act of revenge by the Covenanters, that Montrose and his followers, during the progress of their victories, had ravaged, with unsparing severity, every district which they visited; plundering, burning, and desolating, and not unfrequently sacrificing life without mercy or remorse at every stage of their progress.[333]

The picture which Scotland exhibited at the time referred to, would be incomplete were we to omit mention of the executions in form of Law which soon after followed the massacre of Newark. Douglas, Crawford, Erskine, Fleming, and Napier, escaped along with Montrose from the field of Philiphaugh; but among the prisoners reserved for more deliberate proceedings, were Hartfield, Drummond, Ogilvy, Sir Robert Spottiswood, (a son of the Archbishop and President of the Session,) Sir Alexander Leslie of Auchintool, Sir William Rollock, Sir Philip Nisbet, William Murray, brother of Tullibardine, Alexander Ogilvy of Innerquarity, Nathaniel Gordon, Andrew Guthrie, son of the Bishop of Moray, Stewart the Adjutant, and two Irish Colonels, O’Kyan and Leighton. David Leslie, after his victory at Philiphaugh, fell back on Lothian, where the two Irish officers were tried by martial law and executed. Soon after, at a meeting of the Estates in Glasgow, Sir William Rollock, Sir Philip Nisbet, and Alexander Ogilvy, were found guilty of “rebellion against the State”, and executed there on the 29th of October. On the 26th of November, the Parliament met at St Andrew’s, when Sir Robert Spottiswood, (whose sole crime was carrying the King’s commission to Montrose,) Mr William Murray, Colonel Gordon, and Mr Andrew Guthrie, were tried, condemned, and executed. Lord Ogilvy and Adjutant Stewart made their escape; and Hartfield alone, through the intercession of Argyle, was pardoned. And thus commenced the bloody war of party revenge, which for nearly forty years afterwards polluted and dishonoured the annals of Scotland.

In our last introductory sketch, we had brought down the narrative of events in England to the Treaty at Uxbridge, which commenced in January, 1646. The discussions embraced three great points—religion, the militia, and Irish affairs. On the first of these, the Parliamentary and Scottish Commissioners strenuously insisted on the uniformity of religion, in terms of the League and Covenant; Presbyterianism to be the form of Church Government, and that form, with all its formalities and doctrines, (still unsettled even in the Ecclesiastical Assemblies of both kingdoms,) was sought to be sanctioned and adopted by the King, and enforced coercively on all his subjects of Scotland, England, and Ireland. The other two subjects presented also debatable points; but these are foreign to our purpose; and the King having been required to sanction a bill for the abolition of Prelacy—to confirm the proceedings of the Westminster Assembly, with all the particulars subordinate to such a requisition—the treaty terminated on the 22d of February, without leading to any auspicious results, by the King rejecting overtures so inconsistent with all his principles. Nor although the insurgents were still in the ascendant in the affairs of arms, had the Presbyterian party any good ground of confidence in their ultimate triumph; for henceforward the Independent party became more bold and energetic, and, ere long, acquired a decided preponderance in the councils which ruled the land; and, finally, abolished and tyrannized over both the Episcopalian and Presbyterian establishments; these being completely overborne by a potent combination of wild and mystic sects, whose tenets were too variegated to admit of any adequate description in a sketch of this kind, but who always inculcated the doctrine of unlimited toleration, although in their conduct, as was the fashion of the age, they practically outraged its principles.[334]

The Acts of the Assembly 1645, contain abundant evidence of the spirit by which it was animated; and we forbear adverting to particulars. We go on, therefore, to remark that the English Parliament, by their self-denying ordinance and new modelling of the army, having invested the leading Independents with the highest power on their side, obtained, on the 14th of June, 1645, the victory at Naseby. The fate of Charles was thereby irretrievably sealed, and his fortunes hopelessly overcast. In this state of affairs, the conflicts betwixt the Presbyterian and Independent parties waxed fiercer in consequence of continued efforts, on the part of the former, to obtain uncontrolled spiritual domination, which was, of course, resisted by the other party; and the English Parliament and leaders having, with the assistance of the Scottish armies, triumphed over the Royalists, in all quarters, were now anxious to get quit of their allies, whose presence in England operated as a check on the predominant English adventurers. Imputations against the Scottish army for rapacity, inactivity, and other real or imaginary backslidings, led to recrimination and heartburning; and the Scotch had a plausible ground of complaint, inasmuch as the pay and allowances which had been promised them by the English Parliament were greatly in arrear. Besides all these causes of discord, the Scottish party was disappointed by the qualified adoption of Presbytery as the Church of England. The conclusions of the Westminster Assembly, after being sanctioned by the Scottish General Assembly and Estates, were adopted indeed as an experiment by the English Parliament, but to be reversed or altered according to circumstances; and during all the sittings of the Westminster Assembly, the English Parliament sturdily refused to render the Church independent of the State, and retained to itself the ultimate power of control in all matters ecclesiastical as well as civil. This sort of erastianism was very unpalatable to the Scotch, who had set the Church above the State, and wished this dominancy to be extended to England as well as Scotland.

While these misunderstandings were at a height, and the King’s power almost annihilated, he endeavoured to avail himself of these distractions by a diplomacy not, perhaps, altogether free of intrigue, with both the parties concerned; and, towards the close of the year 1645, he made overtures for an agreement with the English Parliament; but although quarrelling among themselves, the victorious parties concurred in rejecting those overtures, which, had they been acceded to, might eventually have frustrated the designs of Cromwell and his associates. They resolutely resisted the King’s offers to disband all his forces and go to London, attended only by a royal escort, to pass an act of oblivion, and to do whatever the Parliament should advise for the good and peace of the kingdom, on the single condition of obtaining security for the personal safety of himself and his followers. The absolute rejection of such propositions was a sufficient indication to the unfortunate Charles that he had nothing to expect even from the most humiliating concessions to the ruling party in England; and in this sad extremity of his fortunes, he adopted, perhaps, the only other alternative that remained to him—that of casting himself unreservedly upon the loyalty, the generosity, the gratitude of his Scottish subjects; for assuredly the ample concessions which he had made to them in 1641, by which he had confirmed their favourite ecclesiastical polity, given omnipotence to the Estates, and vested the executive authority entirely in the hands of the ruling party in Scotland—and which he had not, in a single instance, infringed during the space of five years, (unless his commission to Montrose may be so construed,)—gave him reasonable grounds to expect that they would welcome and protect their native King, who had thus lavished his regal prerogatives upon them, and extended their national liberties. We shall soon see the result of this resolution.

The King had been induced to adopt the course now alluded to by the representations of Montreville, a French agent, who assured him he would be safe and welcome in the Scottish camp, then pitched before Newark. On the 27th of April, 1646, Charles left Oxford in disguise, and on horseback, as the lackey of one of his attendants, of whom there were only two, Ashburnham, groom of his bed-chamber, and Hudson, a clergyman; and, after traversing the country by many by-ways and circuits, he at length, on the ninth day after leaving Oxford, reached the camp at Newark. The King’s departure from Oxford, which was soon discovered, and communicated to the Parliament, spread a panic among the factions of which it was composed. They dreaded his appearance in London, as calculated to excite some reaction inimical to their designs; and to harbour or conceal his person was denounced, under all the penalties of treason against the Commonwealth. This dastardly alarm was only quieted by intelligence of his Majesty’s arrival at the Scottish camp, of which the Lord Leven had sent notice to both the Scottish and English Parliaments; and the latter passed a resolution on the sixth day of May, that the Scottish general and commissioners should be required to consent that his Majesty’s person might be at the disposal of the two Houses of Parliament in England, and sent to Warwick Castle. They were also desired to render up the persons of his two companions; a demand to which the Scottish authorities in the camp demurred, on grounds which were honourable to their feelings.[335]

The Scottish general had received his sovereign, on his arrival at the camp, with all becoming courtesy and respect; but he soon found himself in truth a captive, and reduced to the condition of a mere make-weight in the scale of sordid political negotiations which speedily ensued betwixt the Parliaments of England and Scotland. Leslie, with small difficulty, induced the King, who was now powerless, to issue his orders to the Commander of Newark, for the surrender of that town, which took place on the 6th of May. This was followed by similar orders to other loyalists in various other strengths, which still held out for the King, and by his instructions were rendered up to the Parliamentary forces; and thus the last visible sparks of loyalty, and of regal authority in the person of Charles I. were extinguished in England. Having effected these objects, and having the royal person in his custody, the Scottish general led his army northward, and on the 13th of May 1646, took up his cantonments at Newcastle-upon-Tyne.[336]

The cessation of arms was succeeded by a vast variety of complicated negotiations, which it is not within our province to detail. The Committee of the Scottish Estates was sitting when the King’s arrival at the camp was made known to it, on which it sent a deputation with a message of seeming loyalty, and an intimation of the lively interest which it took in the safety of his person, and the preservation of his honour; but very speedily he learned that it had given instructions to its Commissioners to act in concert with the two Houses of Parliament in England, and that the Scottish Estates would not agree to anything by which the “unity and uniformity” in religious matters, which was contemplated by the League and Covenant, in the three kingdoms might be affected. Untaught by the lessons of experience—shutting their eyes to the fact that, instead of the “unity and uniformity” which they fondly anticipated from it, that celebrated monument of extraordinary zeal had been productive only of an increase of schisms, divisions, and theological sects, on all hands, and in high places—and forgetful too that by the very terms of that deed, as well as by the Covenant of 1637, they were bound “to defend the Kings Majesties person and authority,” and “the honour of the King”—they allowed themselves to get bewildered in a maze of metaphysical theology and polemics, which set at nought the most obvious dictates of common sense and sound morality, and still persisted in the inforcement of a uniformity which no earthly power ever can command, without an exercise of unmitigated despotism. In this state, and in this mood, were the affairs and the authorities of Scotland when the General Assembly met on the 3d of June, 1646. The political events of the time will become the subject of further review, after exhibiting the proceedings of that Assembly.

THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY, MET AT EDINBURGH,

JUNII 3, 1646.

Edinb. 4 Junii, 1646. Sess. II.

_The Kings Letter to the Assembly, presented by M. Robert Douglas, Minister at Edinburgh._

CHARLES R.

Right trusty and welbeloved, We greet you well. Having lately written to Our Houses of Parliament at Westminster, and the Commissioners from Our Kingdom of Scotland at London, and likewise to the Committees of Estates of that Our Kingdom; Shewing Our great sense and grief for the sad effects have flowed from the unhappy differences betwixt Us and Our Subjects, with Our reall resolutions to comply with the desires of Our Parliaments of both Kingdoms, and those entrusted by them for settling of Trueth and Peace in all Our Dominions: And now being informed of your meeting, We have thought fit hereby (since We could not conveniently send a Commissioner) to give you the same assurances; And withall, that it shall be Our constant endeavour to maintain Religion there, as it is established, in Doctrine, Worship, and Church-Government, and leave no good means unassayed for setling an universall Peace in that Our native and ancient Kingdom, with the Reformation of Religion, and settling Peace in England and Ireland: And after the return of an answer to Our late Message to Our Houses of Parliament heer, We shall more particularly acquaint you, or your Commissioners, with Our further resolutions. In the mean time, We seriously recommend Our selves and the distracted condition of Our Kingdoms, to your most earnest Prayers to God in Our behalf, expecting from you faithfulnesse in your severall Charges and Callings, with that Loyaltie and obedience which becometh the Ministers of the Gospel. We bid you very heartily farewell, from New-castle the 28 of May, 1646.

Direct.

For Our right trustie and welbeloved, The Moderatour, and other
Members of the Generall Assembly of the Kirk of Our Kingdom of
Scotland.

6 Junii, 1646. Ante Meridiem. Sess. IIII.

_Act concerning the Registers and Acts of Provinciall Assemblies._

The Assembly recommends to Provinciall Assemblies, that hereafter they cause read all their Acts, before the dissolving of every Assembly; And that their Registers be written formally, and in a good hand writing, with the severall Leafes or Pages thereof marked by ciphers according to their number.

11 Junii, 1646. Ante Meridiem. Sess. VII.

_Act concerning the publike satisfaction of Married persons, for
Fornication committed before Marriage._

The Generall Assembly understanding that in many places the publike scandals of Fornication committed before Marriage, are not taken notice of and removed by publike confession according to the order of this Kirk; Therefore for remedie thereof do Ordain, That all Married persons under publike scandall of Fornication, committed before their Marriage (although the scandal thereof hath not appeared before the Marriage) shall satisfie publikely for that sin committed before their Marriage, their being in the estate of Marriage notwithstanding And that in the same manner as they should have done if they were not Married.

13 Junii, 1646. Ante Meridiem. Sess. X.

_Ordinance for Excommunication of the Earle of Seafort._

The Generall Assembly having taken to their serious consideration, that perfidious Band made and contrived lately in the North, under the name of An humble Remonstrance, against our Nationall Covenant, and the League and Covenant of the three Kingdoms; Which tendeth to the making of division and fomenting of Jealousies within this and between both Kingdoms, to the prolonging of these unnaturall Warrs, to the impeding of the intended Uniformity in Religion, and to the subversion of all the happie ends of our covenants: And finding that George Earle of Seafort hes not only most perfidiously himself subscribed the said wicked Band, contrary to his solemne Oaths in the Covenants aforesaid, and most arrogantly owned the same under his owne hand writing in his letters to the Committee of Estates, and to the Commissioners of the preceding Assemblie: But also hes seduced and threatned others to subscribe that divisive Band, and to joyne with him in prosecution of his treacherous and wicked designes, therein masked with the pretences of religion and libertie; boasting also the pursuance of that his Remonstrance against all deadly the opposers thereof, whether King or Parliament. And having also considered another wicked and treacherous Band of Union which the said Earle formerly entred into with that excommunicate Rebell James Grahame, after the sentence of forfalture, and the dreadfull sentence of excommunication were pronounced against him, Oblieging himself therein under solemne Oaths to joyne with that forfaulted Rebell against this Kirk and Kingdome, and to oppose all their publike resolutions for pursuance of the happie ends of our said Covenants. All which, with his vile reproachfull aspersions and most false calumnies against this Kirk and State, and their publike and lawfull endeavours and resolutions, with his other wicked and perfidious practises at length discovered in the Proclamation of the Committee of Estates, and the Declaration of the Commission of the Assembly against the said perfidious Band and Remonstrance, being gravely pondered and considered; Together with his base treachery to the Estates, being intrusted by them with ample Commission, and encouraged and enabled for discharging thereof, with Mony Ammunition and Arms in a good measure: Notwithstanding whereof contrary to that great trust reposed in him, It is notor that not only he did not joyne with the Forces raised for the defence of this Kingdome, But rather on the contrary, actually joyning himself and his Forces with that excommunicate Rebel James Grahame, and these unnatural bloody Rebels his followers, did beleager Jnnernesse, a Towne Garrisoned by the Estates for the Defence of that part of the Country. And the Assembly having also found that fair means have been used for reclaiming of the said Earle from that wicked and perfidious course, by publike Declarations and Proclamations, and particular Letters sent to himself from those that had power in that behalf, And that notwithstanding thereof and of Summonds direct against him to answer to the premisses, often called, he doth not appear, but still remains obstinate in his wicked courses; And after mature deliberation having found his frequent fearfull and grosse perjuries, his perfidious and wicked conspiracies by Band and Oath, with the publike Enemies of this Kirk and Kingdom, and his other treacherous and wicked practices so contemptuously and pertinaciously persisted into, To be haynous offences against God, and high contempt of all Ecclesiastical and Civil authority, Therefore the Assembly moved with the Zeal of God, do without a contrary voice Decerne and Ordain the said George Earle of Seafort to be summarly excommunicate, and declared to be one whom Christ commandeth to be holden by all and every one of the Faithfull as an Ethnik and Publicane, and appoints the sentence of excommunication to be pronounced by Master Robert Blair Moderator in the east Kirk of this Citie, upon the next Lords day, being the 14 of this Moneth; And that thereafter publike intimation be made thereof upon a Sabbath day before noone in all the Kirks of this Kingdom so soon as advertisement shall come unto them.

_Enormities and Corruptions observed to be in the Ministery, with the Remedies thereof._

ENORMITIES.

The first and main sin, reaching both to our personall carriage and callings, we judge to be, Not studying how to keep Communion and Fellowship with God in Christ, but walking in a naturall way, without imploying of Christ, or drawing vertue from him, to inable us unto sanctification, and Preaching in spirit and power.

In our Lives.

1. Much fruitlesse conversing in companie, and complying with the sins of all sorts, not behaving our selves as becomes the men of God.

2. Great worldlinesse is to be found amongst us, minding and speaking most about things of this life, being busied about many things, but forgetting the main.

3. Slighting of Gods worship in their families, and therefore no cordiall urging of it upon others: yea, altogether a wanting of it in some, if it be credible.

4. Want of gravity in carriage and apparell, dissolutenesse in haire, and shaking about the knees, lightnesse in the apparrell of their wives and children.

5. Tippling and bearing companie in untimous drinking in Tavernes and Ale-houses, or any where else, whereby the Ministerie is made vile and contemptible.

6. Discountenancing of the godly; speaking ill of them, because of some that are unanswerable to their profession.

7. The Sabbath not sanctified after Sermons, which maketh people think that the Sabbath is ended with the Sermon.

8. There are also to be found amongst us, who use small and minced oaths.

9. Some so great strangers to Scripture, that except in their publike Ministerie, though they read many things, yet they are little conversant in the Scripture, and in meditation thereof: A dutie incumbent to all the people of God.

In our Callings.

1. Corrupt entry into the Ministrie in former times, and following the course of defection, though forsaken, yet never seriously repented: as also present entring into the Ministery, as to a way of living in the world, and not as to a spiritual calling.

2. Helping in, and holding in of insufficient and suspected men, who favour the things of this life, and keeping the door straiter on them whom God hath sealed, then upon these who have lesse evidence of the power of grace and holinesse.

3. Partiality in favouring, and speaking for the scandalous, whether Ministers or other persons, teaching them how to shift and delay censures.

4. Silence in the publike cause, not labouring to cure the disaffection of people, not urging them to constancie and patience in bearing of publike burdens, nor to forwardnesse in the publike Cause; whereby Malignants are multiplied; yea some are so grosse herein, that even in publike Fasts little or nothing is to be heard from them sounding this way.

5. Some account it a point of wisdome to speak ambiguously: some incline to justifie the wicked cause, uttering words which savour of disaffection: and all their complaining of the times, is in such a way as may steal the hearts of people from liking of good Instruments in this work, and consequently from Gods Cause: yea, some reading publike Orders, are ready to speak against them in their private conference.

6. Idlenesse, either in seldome Preaching, as once on the Lords day, or in preparation for publike duties, not being given to reading and meditation: others have but fits of paines, not like other Tradesmen continually at their work.

7. Want of zeal, and love to the conversion of souls, not being weighted with the want of successe in reclaiming of sinners, nor searching in themselves the cause of not profiting, preaching _ex officio_, not _ex conscientia officii_.

8. Self-seeking in preaching, and a venting rather of their wit and skill, than a shewing foorth of the wisdome and power of God.

9. Lifelesnesse in preaching, not studying to be furnished by Christ with power; and so the ordinance of God reacheth not to the conscience: and heereto belongeth the not applying of the doctrine unto the auditory and times.

10. The indiscreet curing of the indiscretion of pious people and Ministers, whereby godlinesse hath gotten a deep wound, and profanitie hath lifted up the head, contrary to that wise and gracious order set foorth in the Generall Assembly holden at Edinburgh, 1641.

11. Little care to furnish our Armie, either abroad or at home with Ministers; One of our grievous sins, and causes of our calamity.

12. Last, it is to be feared that Ministers in secret are negligent to wrestle in Prayer, for a blessing to be poured out upon their labours, contenting themselves with their publike performances.

REMEDIES.

1. First, That Presbyteries make great conscience to have all vacant places within their several bounds filled with godly and able men, where-ever they be to be found: and that under pretence of being a helper, or second to another, none be taken in, but such as are able for the same charge.

2. Whereas it is known, that private tryall in Presbyteries are for the most part perfunctorious, the Brethren are hereby exhorted to be more serious, and faithfull heerein, as they will be answerable to Christ, the Chief Shepherd: and in a way previous thereto, that Brethren be free, in loving admonition one of another secretly, from time to time; and that whosoever keeps not the Presbyterie or Synod, after grave admonitions may come under further censures.

3. That accuracie be used at visitation of Kirks, and that the Elders one by one (the rest being removed) be called in, and examined upon oath upon the Ministers behaviour in his calling and conversation.

4. That course be taken to divide Congregations in parts, and by the help not only of Elders in their several parts, but of neighbors also, the evils, and neglects of persons and families, may be found out and remedied.

5. That every Minister be humbled for his former failings, and make his peace with God, that the more effectually he may preach repentance, and may stand in the gap, to turne away the Lords wrath: runing between the Porch and the Altar, sighing and crying for all the abominations of the land.

6. Speciall care would be had, that all Ministers have their conversation in heaven, mainly minding the things of God, and exercising faith for drawing life out of Jesus Christ the fountain of life, arming themselves thereby with power against the contagion and wickednesse of the world.

7. Care would be had of godly conference in Presbyteries, even in time of their refreshment, and the Moderator is to look to it, that good matter be furnished thereto.

8. It is also very necessary for every Minister that would be fruitfull in the work of the Lord, to bring home the Word of God to his own heart and conscience, by Prayer and Meditation, both before and after the publike ordinance.

9. Use would be made of the roll of the Parish, not onely for examination, but also for considering the several conditions and dispositions of the people, that accordingly they may be admonished, and particularly prayed for by the Ministers in secret.

10. It is very expedient that Ministers have more communion among themselves for their mutuall stirring up, and strengthning of their hands in the Lords work, and rectifying of these who are not incorrigible.

11. That Ministers in all sorts of companie labour to bee fruitfull, as the Salt of the earth, seasoning them they meet with, not only forbearing to drink healths (Satans snare, leading to excesse) but reproving it in others.

12. All Ministers would be carefull to cherish the smoaking flax of weak beginnings in the wayes of God, and ought couragiously to oppose all mockers and revilers of the godly.

13. As at all times, so specially now when the Lord is calling us all to an account; it becomes the Ministers of Christ, with all diligence and faithfullnesse, to improve their Ministerie to the utmost, to be instant in season and out of season; yea, even frugally to imploy their time in private, in reading of, and meditating on Scripture, that the Word of God may dwell plentifullie in them.

14. That the providing the Armies with Ministers be preferred to any congregation, and these who are appointed to attend the same, and are deficient, be without delay severalie censured according to the Act of the Generall Assembly; And that all Ministers not only in publike, pray for our Armies, specially these that are to encounter with the bloody enemie within the land, but also continually bear them up before the Lord, that their lives being reformed, their hearts and hands may be strengthned, and their undertaking at last blessed of GOD with successe.

15. That beside all other scandals, silence or ambiguous speaking in the publike cause, much more detracting and disaffected speaches be seasonablie censured: and to this effect, all honest hearted Brethren would firmlie unite themselves in the Lord, the younger honouring the elder, and the elder not despising the younger.

16. And finallie, both for the corruption of the Ministerie and remedies thereof, we refer the brethren to the Act of the Generall Assemblie at Edinburgh, 1596, revived in the late Assemblie at Glasgow, 1638, to bee found in the printed Act concerning the same.

The Generall Assembly Ordains the Enormities above specified to be
tryed and restrained, and that the Remedies thereof for that purpose
be seriously observed and practised: Recommending especially to
Presbyteries and Provinciall Assemblies, that use be made of the same
in visitation of Kirks and tryall of Presbyteries.

_Approbation of the proceedings of the preceding Assembly._

The Generall Assembly having heard the report of the Committee appointed to consider and examine the proceedings of the Commissioners of the late Generall Assembly holden at Edinburgh in the yeer 1646. And after serious consideration thereof, finding that the whole Acts, Proceedings, and Conclusions of the saids Commissioners, contained in the Register subscribed by M. Andrew Ker their Clerk, and by M. Robert Ramsay Moderator to the said Committee, do declare much Wisdom, Diligence, Vigilancie, and commendable Zeal; And that the said Commissioners have orderly and formally proceeded in everything, according to their Commission: Do therefore ratifie and approve the said whole Acts, Proceedings, and Conclusions of the Commissioners of the said Assembly.

15 Junii, 1646. Post Meridiem. Sess. XI.

_Act for joyning of the Presbyteries in Orkney and Zetland to the Provincial of Cathnes._

The Generall Assembly, considering that the Presbyterie of Kirkwall in Orknay and the Presbyterie of Scalloway in Zetland have never met in any Provincial Assembly, wherethrough great abuses and disorders are there committed, Therefore the Assembly hereby joyns the said two Presbyteries to the Provinciall of Cathnes and Sutherland, And Appoints all the Ministers and Elders of the said Presbyteries hereafter, to meet at the said Provinciall Assembly, and to have place to reason and vote therein as members of the said Provinciall. And, sicklike ordains the saids two Presbyteries to be of subordinate Jurisdiction to the said Provinciall Assembly; Declaring hereby, that the said Provinciall shall consist of the Presbyteries of Cathnes, Sutherland, Orknay, and Zetland in all time coming. And appoints them to meet onely once in the yeer, in respect of their great distance and interjection of seas; And that the first meeting be at Thurso in Cathnes upon the third Tuesday of August next, and thereafter as shall be appointed by the said Provinciall Assembly.

17 Junii, 1646. Post Meridiem. Sess. XIIII.

_Act concerning Expectants Preaching in publike._

The Generall Assembly discharges any person to preach in publike under the name and notion of an Expectant, or under any other pretence whatsoever, except such as shall be tryed and found qualified according to the Acts of the Generall Assembly; Recommending to Presbyteries and Provincialls to take special notice thereof, and to censure the transgressors accordingly.

_Act for censuring the complyers with the publike enemies of this Kirk and Kingdom._

The Generall Assembly taking to their serious consideration the great and scandalous provocation and grievous defection from the publike Cause, which some have beene guiltie of, by complying with the Rebels the publike enemies of this Kirk and Kingdom: And judging it a dutie incumbent to them to bring such notorious offenders to publike satisfaction, that the wrath of God may be averted, and the publike scandall removed; Do therefore Require, Decern, and Ordain, that such as after lawfull tryall shall be found to have been in actuall Rebellion and to have carried charge with the Rebels, To have accepted Commissions for raising Horse or Foot unto them, To have been seducers of others to joyn in that Rebellion, To be the Penners or contrivers of James Grahames Proclamation for indicting a pretended Parliament, or of any other his Proclamations or Declarations, To have beene prime Instruments in causing publish the said Proclamations and Declarations; That all and every one of such offenders shall humbly acknowledge their offence upon their knees, first before the Presbyterie, and thereafter before the Congregation upon a Sabbath, in some place before the Pulpit; And in the mean time that they be suspended from the Lords Supper: And in case they do not satisfie in manner foresaid, that they be processed with Excommunication. And likewise Ordains, that such as shall be found to have procured Protections from the Rebels, To have execute their orders, To have invited them to their houses, To have given them intelligence, To have drank James Grahames health, or to be guilty of any other such grosse degrees of complyance, shall acknowledge their offences publikely before the Congregation, and be suspended from the Communion ay and while they doe the same. And further Decernes and Ordains, that all persons in any Ecclesiastick office guilty of any degrees of complyance before mentioned, shall be suspended from their office and all exercise thereof, for such time as the quality of the offence and condition of the offenders shall be found to deserve; And the Assembly hereby declares, that Presbyteries have a latitude and liberty to agreadge the censures above specified, according to the degrees and circumstances of the offences; And gives in like manner the same latitude and liberty to the Commissioners of this Assembly for publike affairs, who have also power to try and censure the offenders in manner above exprest, and to take account of the diligence of Presbyteries thereintill.

_Act concerning Iames Grahams Proclamation._

The Generall Assembly having considered a copie of a Proclamation published by order of that excommunicat Traitor James Graham, for indicting of a pretended Parliament, and finding the same to be full of blasphemies against the Solemn League and Covenant of the three Kingdoms, and of vile aspersions of Treason, Rebellion, and Sedition, most falsly and impudently imputed to the Estates, and most faithfull and loyall Subjects of this Kingdome: Doe therfore declare, That such as have bin prime Instruments of the publishing of that or the like Proclamation and Declaration, deserve the highest censures of the Kirk, unlesse they make humble confession of their offence publikely, in such manner as is prescribed by this Assembly; And humbly Recommends to the Committee of Estates to take some course for their exemplary civill punishment, and that some publike note of ignominie be put upon that Proclamation as their Honors shall think meet.

18 Junii, 1646. Ante Meridiem. Sess. Ult.

_Act against loosing of Ships and Barks upon the Lords Day._

The Generall Assembly understanding how much the Lords day is profaned by Skippers and other Seafaring men, Do therefore discharge and inhibite all Skippers and Sailers to begin any voyage on the Lords day, or to loose any Ships, Barks or Boats out of Harbery or Road upon that day, And who shall doe in the contrary hereof, shall be censured as profaners of the Sabbath: Recommending to Presbyteries and others whom it may concerne to see both the Acts of Assembly and Parliament made for censuring and punishing profanation of the Lords day, to be put in execution against them.

_Act anent Children sent without the Kingdom._

Whereas divers Children have been sent without the Kingdom to be bred abroad, and have been or in time coming may be exposed to the temptations of seducers, and drawn away from the Trueth established and professed within this Church to errour of Poperie, or other Sects and Heresies: Therefore the Assembly Ordains, that the Parents or Friends of Children and Minors, shall before they send them without the Kingdom, first acquaint the Presbytery where they reside, that they may have their Testimoniall directed to the Presbytery or Classe within the Kingdom of France, or England, or Ireland; and at the time of these Childrens return from any of the saids Kingdoms, to report ane Testimoniall from the Presbytery or Synode where they lived without the Kingdom of their breeding there, and to shew the same to the Presbytery within the Kingdom who gave them a Testimoniall at their way going. Likeas the Assembly Ordains all Presbyteries to try if any Children have been sent to Popish Schooles or Colledges without the Kingdom; And if any be found, that their names be given to the Presbytery or Commissioners of the Assembly, that the same may be presented to the Honourable Lords of Secret Councell, or Committee of Estates, that their Lordships may be humbly desired by their authority to recall them, that after return to this Kingdom a course may be taken, according to the former Ordinances of Generall Assemblies, for their breeding in the true Religion.

_Overtures presented to the Assembly._

I. That correspondence be keeped among Presbyteries constantly by letter without prejudice of personall correspondence when need requires, whereby one Presbyterie may understand what many are doing, and they may be mutually assisting each to other.

II. That for the better breeding of young men to the Ministerie who are not able to furnish themselves in charges to attend in the Universities, that the Presbyteries where they reside appoint some to direct their studies.

III. That it be recommended to all the Universities to condiscend upon the best Overtures for the most profitable teaching of Grammar and Phylosophy, and as they may meet at the Commission of the Generall Assembly to make the matter ripe for the next Assembly.

The Assembly approves these Overtures, and recommends accordingly.

IV. That to the intent the knowledge of God in Christ may be spread through the Highlands and Islands (for in lack whereof the land hath smarted in the late troubles) these courses be taken: 1. Let an order be procured, that all Gentlemen who are able, at least send their eldest sons to be bred in the Inland. 2. That a Ministerie be planted amongst them, and for that effect that Ministers and expectants who can speak the Irish language be sent to imploy their talents in these parts, and that the Kirks there be provided as other Kirks in this Kingdome. 3. That Scots Schools be erected in all Parishes there, according to the Act of Parliament, where conveniently they can be had. 4. That Ministers and ruling Elders that have the Irish language be appointed to visit these parts.

The Assembly approves this Overture, and recommends this purpose to
further consideration, that more Overtures may be prepared thereanent
against the next Assembly.

V. That for keeping the Universities pure, and provoking the Professors of Divinitie to greater diligence, each Professor in the Universities of this Church and Kingdom, bring with him or send with the Commissioner who comes to the General Assembly, ane perfit and well written copie of his Dictates, to be revised by the Generall Assembly, or such as they shall appoint for that work ilk year.

The Assembly continues the determination of a constant and perpetuall
order herein untill the next Assembly, but in the mean time desires
the professors of Divinity to present to the next Assembly their
Dictates of Divinity, wherof the professors present are to give
intimation to the professors absent.

VI. The great burdens Intrants undergoes when they enter the Ministery, which holds many of them long at under, would crave the Assemblies judgement and authority, that Ministers Manses and Stipends may be all made free to the Intrant.

The Assembly refers and recommends to the Commissioners for publike
affairs to seek redresse in this matter from the Honorable Estates of
Parliament, and to consider of some fitting Overtures to be presented
to their Honours for that effect.

_Renovation of the Commission for the publike affairs of the Kirk._

The Generall Assembly taking to their consideration that in respect the great work of Uniformity in Religion in all his Majesties Dominions is not yet perfited, (though by the Lords blessing there is a good progresse made in the same) there is a necessity of renewing the Commissions granted formerly for prosecuting and perfiting that great work; Doe therefore renew the power and Commission granted for the publike affairs of the Kirk by the Generall Assemblies held in S. Andrews in the year 1642, and in Edinburgh 1643, 1644, and 1645, unto the persons following, viz. Masters Alexander Henderson, Robert Douglas, William Colvil, William Bennet, George Gillespie, John Oswald, John Adamson, William Dalgleish, David Calderwood, James Fleeming, Robert Ker, John Dalyell, James Wright, John Knox, Adam Penman, Robert Lichtoun, Alexander Dickeson, Patrick Fleeming, John Hay, Richard Dickeson, Thomas Vasse, David Drummond, Alexander Somervill, Robert Eliot, Robert Blair, James Bruce, Robert Traile, Samuel Rutherfurd, Alexander Colvill, Walter Greg, Alexander Balfour, George Thomson, John Moncreiff, John Smith, Patrick Gillespie, John Duncan, James Sibbald, Alexander Casse, John Hume, Alexander Kinneir, Walter Swintoun, Robert Knox, William Penman, James Guthrie, Thomas Donaldson, William Jameson, Thomas Wilkie, John Knox, Robert Murray, John Freebairn, Robert Wright, David Auchterlonie, William Maior, Samuel Austein, John Leirmont, Andrew Lauder, James Irving, Alexander Turnbull, James Bonar, William Adair, John Neve, Patrick Colvil, Matthew Birsbane, John Hamiltoun, Allan Ferguson, Robert Ramsay, Geo. Young, David Dickson, Robert Bailie, James Nasmith, John Lindsay, John Weir, Evan Cameron, James Affleck, John Robison, Andrew Eliot, Silvester Lambie, Laurence Skinner, William Rate, David Campbel, Andrew Cant, William Douglas, David Lindsay, Gilbert Anderson, Alexander Garrioch, William Jaffray, Thomas Law, William Campbell, Walter Stewart, _Ministers_; And Archibald Marquesse of Argyle, John Earle of Crawfurd-Lindsay, William Earle Marshall, William Earl of Glencairn, John Earle of Cassils, Charles Earle of Dumfermling, James Earle of Tullibardine, Francis Earle of Bacleugh, John Earle of Lauderdale, William Earle of Lothian, William Earle of Lanerk, Archibald Lord Angus, John Lord Balmerino, Robert Lord Burleigh, John Master of Yester, Sir Patrick Hepburn of Waughtoun, Sir John Hope of Craighall, Sir Archibald Johnston of Wariston, Sir David Hume of Wedderburn, Sir Robert Jnnes of that ilk, Sir William Baily of Lamington, Sir John Muncreiffe of that ilk, James Macdougal of Garthland, Patrick Cockburn of Clarkington, Sir Hugh Campbel of Cesnock, Sir William Cunningham of Cunningham-head, John Hume of Blackader, Sir James Dundas of Arniston, Alex. Forbes Tutor of Pitsligo, M. Geo. Winrham of Libberton, David Weemes of Fingask, M. Francis Hay of Balhousie, Alex. Brodie of that ilk, M. Alex. Colvil of Blair, Geo. Dundas of Dudiston, William Moor of Glanderston, Sir James Nicolson of Colbrandspaith, John Edgar of Wedderlie, William Hume of Lenthill, James Ruchhead, Laurence Henderson, and James Stuart, Bailies of Edinburgh, George Porterfield Provest of Glasgow, Wil. Hume there, Ro. Arnot Provest of Perth, John Semple Provest of Dumbarton, John Kennedie Provest of Air, M. David Weemes, Geo. Gardine, John Johnstoun, Tho. Paterson, Tho. White, John Sleigh, _Elders_. Giving unto them full power and Commission To do all and every thing for prosecuting, advancing, perfecting, and bringing the said work of Uniformity in Religion in all His Majesties Dominions to a happy conclusion, conform to the former Commissions granted by preceding Assemblies thereanent. And to that effect appoints them, or any seventeen of them, whereof thirteen shall be Ministers, To meet at Edinburgh the 19 of this Moneth, and thereafter upon the second Wednesdaies of August, November, Februar, and May next to come, and upon any other day, and in any other place they shall think meet. And further, renews to the persons before named, the power contained in the Act of the said Assembly 1643, Intituled, A reference to the Commission anent the persons designed to repair to the Kingdom of England; As also the power contained in two severall Acts of the said Assembly 1644, Sess. 6. made against secret disaffecters of the Covenant and for sending Ministers to the Armie, with full power to them to treat and determine in the matters aforesaid, and in all other matters referred unto them by this Assembly, as fully and freely as if the same were here particularly expressed, and with as ample power as any Commission of former Generall Assemblies hath had, or been in use of before; They being alwayes for their whole proceedings comptable to, and censurable by the next Generall Assembly.

_Renovation of the Commission for prosecuting the Treaty for Uniformity in England._

The Generall Assembly, Taking to their consideration that the Treatie of Uniformity in Religion in all His Majesties Dominions is not yet perfected, Therefore Renews the power and Commission granted by preceding Assemblies for prosecuting that Treatie, unto these persons afternamed, viz, M. Alexander Henderson, M. Robert Douglas, M. Samuel Rutherfurd, M. Robert Bailie, M. Geo. Gilespie, _Ministers_; And John Earle of Lauderdale, John Lord Balmerino, and Sir Archibald Johnston of Wariston, _Elders_; Authorizing them with full power to prosecute the said Treatie of Uniformity with the Honourable Houses of the Parliament of England, and the Reverend Assembly of Divines there, or any Committees appointed by them: And to do all and every thing which may advance, perfect, and bring that Treatie to an happy conclusion, conform to the former Commissions given thereanent.

_The Assemblies Answer to the Kings Majestie._

MAY IT PLEASE YOUR MAJESTIE,