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Chapter LIX: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (56)

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Having received your Majesties Letter with thankfulnesse, we thought it our dutie to send some of our number to wait upon your Majestie, and present our humble desires more particularly then at this time could be expressed by writ; And we are confident your Majestie will interprete our freedom and plain dealing by them, to be a reall testimonie of our unfained affection, who have constantly laboured to approve our selves in all fidelity to our Lord and Master Jesus Christ, and in all loyaltie to your Majestie; And are resolved to walk still after the same rule in our severall stations and vocations, continuing our Prayers for you, that God may multiply all sorts of Mercies upon your Royall Person and Posterity, and more and more incline your heart to the speedie following of the Counsels of Trueth and Peace, and grant unto your Majestie a long and happy Reign, that we may live under you a peaceable and quiet life, in all godlinesse and honesty.

_Subscribed in name of the Nationall Assembly of the Kirk of Scotland
by the Moderator._

Edinburgh, 18 Junii, 1646.

_The Assemblies Letter to the Right Honorable the Lords and Commons
in the Parliament of England assembled at Westminster._

RIGHT HONOURABLE,

The report of the great things which the Lord hath done for your Honours, hath gone forth into many Lands, and it becometh us least of any either to smother or extenuate the same; We desire to be enlarged in the admiration of the Power and Mercie of God the Author, and to diminish nothing of that praise that is due unto you as instruments. When the Lord set your Honours upon the Bench of Judgment, both the Kirk and Common wealth of England were afflicted with intestine and bosome evills, the cure whereof could not but be very difficult, because they were not only many, but for the most part Universal and deeply rooted, sheltred under the shadow of Custome and Law, and supported with all the wisdom and strength of the Malignant and Prelaticall partie; who rather chose to involve the Land in an unnaturall and bloody Warre, then to fail of their ambitious and treacherous designes, against Religion, the priviledges of Parliament, and the Lawes and Liberties of the Kingdom: Neither hath that miserable crew been wanting to their owne ends, but for many years together hath desperately pursued their resolutions in Arms; And was likely to have prevailed, if the Lord had not put himself in the breach, and furnished you with much Patience, Wisdom, Courage, and Constancy, in the midst of many difficulties and distresses; and at last with so glorious and triumphing a successe, that the Enemy hath fallen every where before you, and there is none left to appear against you. These things as they be the matter of our refreshment and of your glory, so doe they lay a strong obligation upon your Honours to walke humbly with your God, and to improve the power he hath put into your hands for the advancement of the Kingdom of his Son, and bringing forth of the head-Stone of his House. The slow progresse of the work of God hath alwayes been the matter of our sorrow, which is now increased by the multiplication of the spirits of errour and delusion, that drowne many souls into perdition, and so strengthen themselves, that they shall afterward be laboured against with more pains then successe, if a speedy and effectual remedie be not provided. And therefore as the servants of the living God, who not onely send up our supplications daily for you, but have hazard our selves in your defence, We do earnestly beseech your Honors in the bowels of Jesus Christ, to give unto him the glory that is due unto his Name, by a timous establishing all his Ordinances in the full integritie and power thereof, according to the League and Covenant. As long as the Assembly of Divines was in debate, and an enemy in the fields, we conceived that these might be probable grounds of delay, which being now removed out of the way, we do promise to our selves from your Wisdom, Faithfulnesse, and Zeale, the perfiting of that which was the main ground of our engagement, and a chief matter of consolation unto us in all our sad and heavy sufferings, from the hand of a most cruell Enemy. We know that there is a generation of men who retard the work of Uniformity, and foment Jealousies betwixt the Nations, studying if it were possible, to break our bands asunder; But we trust, that he that sits in the Heavens will Laugh, and that the Lord shall have them in derision, that he shall speak to them in his wrath and vex them in his sore displeasure, and notwithstanding of all that they can do, set his King upon his holy hill of Sion, and make these Nations happy in the sweet fruits of Unity in Truth and Peace. The searcher of hearts knows that we desire to hold fast the band of our Covenant, as sacred and inviolable; being perswaded that the breach of so solemne a tye could not but hasten down upon our heads a curse and vengeance from the righteous Judge of the world, and involve these Kingdoms in sader calamities than they have yet seen; And we abhor to entertain any other thought of you: Nay we are confident that your Honours will seriously indeavour the prosecution of all these ends designed in the Covenant, and the bringing these Nations unto the neerest conjunction both in judgement and affection, especially in these things that concern Religion, which without all controversie, is the readiest and surest way of attaining and securing the Peace and Prosperity of both Kingdoms.

_Subscribed in name of the Generall Assembly by the Moderator._

Edinburgh, 18 Junii, 1646.

_The Assemblies Letter to the Right Honorable the Lord Major,
Aldermen, and Common-Counsell of the City of London._

Your late and seasonable testimony given to the Truth of the Gospel, and your affection to the Peace of the Kingdoms, manifested in your humble Remonstrance and Petition to the Honorable Houses of Parliament, hath so revived the remembrance of your former Faith and Zeal, and proclaimed you the worthy seed of so noble ancestors in that famous City, As we cannot but acknowledge with all thankfulnesse the grace of God bestowed on you, and stirre you up to take notice, how since you were precious in the Lords sight, you have been ever Honourable, The Lord hath loved you, given men for you, and people for your life: What an honour was it in the dayes of old, when the fire of the Lord was in Zion, and his furnace in your Jerusalem (even in Queen Maries dayes) that there were found in you men that loved not their lives unto the death? What a glory in after times, when Satan had his Throne and Antichrist his seat in the midst of you, that there were still found not a few that kept their Garments clean? But the greatest praise of the good hand of God upon you hath been in this, That amidst the many mists of Errour and Heresie which have risen from the bottomlesse pit, to be-spot the face and darken the glory of the Church, (while the bride is a making ready for the Lamb) you have held the Trueth, and most piously endeavoured the setling of Christ upon his Throne. We need not remember how zealous you have been in the Cause of God, nor how you have laid out your selves and estates in the maintenance thereof, nor how many acknowledgements of the same you have had from the Honourable Houses, nor how precious a remembrance will be had of you in after ages for your selling of all to buy the Pearl of price: We only at this time do admire, and in the inward of our hearts do blesse the Lord for your right and deep apprehensions of the great and important matters of Christ in his Royall Crown, and of the Kingdoms in their Union, while the Lord maketh offers to bring our Ship (so much afflicted and tossed with tempest) to the safe Harbour of Trueth and Peace. Right memorable is your Zeal against Sects and Sectaries; your care of Reformation, according to the word of God, and the example of the best Reformed Churches; your earnest endeavours and noble adventures, for preserving of the rights and priviledges of Parliament, and Liberties of the Kingdomes, Together with his Majesties just power and greatnesse; and your high profession, that it is not in the power of any humane authority to discharge or absolve you from adhearing unto that our (so solemnely sworn) League and Covenant, or to enforce upon you any sense contrary to the letter of the same; Besides your other good services done unto the Lord and to us, in the strengthening of the hands of the reverend Assembly of Divines, and of our Commissioners in their asserting of the government of Christ (which the more it be tried will be ever found the more precious Truth) and vindicating of the same from the usurpation of man, and contempt of the wicked. These all as they are so many testimonies of your Pietie, Loyaltie, and undaunted resolution to stand for Christ; So are they and shall ever be so many obligations upon us your Brethren, to esteem highly of you in the Lord, to bear you on our brests before him night and day, and to contribute our best endeavours, and to improve all opportunities for your encouragement. And now we beseech you in the Lord, Honorable and welbeloved, go on in this your strength, and in the power of his might who hath honoured you to be faithfull, stand fast in that liberty wherewith Christ hath made you free; And in the pursuance of this truth, we are confident, as you have so you will never cease to study the Peace and neerer conjunction of the Kingdoms, knowing that a threefold cord is not easily broken. Now the Lord Jesus Christ himself, and God even our Father, which hath loved and honoured you, and given you everlasting consolation, and good help through grace, comfort your hearts, and stablish you in every good word and work.

_Subscribed in name of the Generall Assembly by the Moderator._

Edinburgh, 18 Junii, 1646.

_The Assemblies Letter to the right Reverend the Assembly of Divines
in the Kirk of England assembled at Westminster._

MUCH HONOURED AND RIGHT REVEREND,

Amongst other fruits of this our precious liberty, after such dissipation by Sword and Pestilence, to meet again, we account it not the least to have the opportunity of making a publike Declaration of our earnest affection to all our brethren of that Nation, and especially your selves of the Reverend Assembly at Westminster. When we were lately in a very low condition, we may say that our own sufferings and fears, although imbittered with the sense of the Lords displeasure against our lukewarmnesse and unfaithfulnesse; yet they did not so take up our heart, but that room was left to congratulate with the Lords people there in all their successes, and to condole with them in all their dangers; And if at any time any here seemed to be more jealous then godly jealousie would allow, we know not how it can be imputed to any thing else, but to the vehemencie of ardent affection, and impatient desire to have our brethren there and us joyned neerer to Christ, and neerer to one another in all his Ordinances; and especially in Presbyteriall Government, so well warranted by the Word, and approven by experience of our owne and other reformed Churches; Wherein your long and unwearied endeavours have been blessed with a large increase, which yet hath proved still a seed unto a further and more glorious expected harvest. There could not be wished by mortall men a fairer opportunity than is cast in your laps; being invited and charged by so high an authority, to give so free and publike a testimony to those truths, which formerly many of the Lords precious ones by tongue and pen, by tears and blood have more privately asserted; The smallest of Christs truths (if it be lawfull to call any of them small) is of greater moment, then all the other businesses that ever have been debated since the beginning of the world to this day; But the highest of honours and heaviest of burdens is put upon you, to declare out of the sacred records of Divine Truth, what is the prerogative of the Crown and extent of the Scepter of Jesus Christ, what bounds are to be set between Him ruling in his House, and powers established by God on Earth, how and by whom his House is to be governed, and by what wayes a restraint is to be put on these who would pervert his Truth, and subvert the faith of many. No doubt mountains of oppositions arise, and goolfs of difficulties open up themselves in this your way; But you have found it is God that girdeth you with strength and maketh your way perfect and plain before you, who hath delivered, and doth deliver, and will yet deliver. We need not put you in minde that as there lyeth at this time a strict tye on all, so in a speciall manner both you and we are ingaged to interpose our selves between God and these Kingdomes, between the two Nations, between the King and the People, for averting of deserved wrath, for continuing and increasing of a well grounded Union, for procuring as far as in us lyeth a right settling of Religion and Church-Government; That when we shall sleep with our fathers, the Posterity here and abroad may be reaping the fruits of our labours.

We are fully assured of your constant and sedulous promoving of this blessed Work, and of the Lords assisting and carrying you on therein: And are confident that your late experience and present sense of the great danger and fearfull confusion flowing from the rise and grouth and Sects and Sectaries not suppressed, hath stirred up in your hearts most fervent desires, and carefull endeavours for remedying the same, wherein we exhort you to continue and abound; knowing that your labours shall not be in vain in the Lord, to whose rich grace we commend you, and the work in your hands.

_Subscribed in name of the Generall Assembly by the Moderator._

Edinburgh, 18 Junii, 1646.

_Recommendation to Presbyteries and Provinciall Assemblies._

1. The Assembly recommends to severall Presbyteries and Provinciall Assemblies, to consider the interests of particular congregations, in the calling and admission of Ministers, with all these questions that usually fall out upon that occasion; And to report their opinions to the next Assembly, with some fit Overtures for preventing all contests in that matter.

2. The Assembly recommends to Presbyteries and Provinciall Assemblies to consider all the matters referred by preceding Assemblies to the consideration of Presbyteries, And to report their opinions therein to the next Assembly.

_Act for a publike Fast before the next Assembly._

The Assembly having considered an Act of the Assembly 1644, Sess. Ult. enjoyning a publike Fast to be keeped in all the Kirks of the City where the General Assembly holds upon the first day of the meeting of the Assembly; And finding some inconveniencies therein, Therefore at this time untill the matter be further considered, Appoints a publike Fast and Humiliation for the Lords blessing to the meeting of the next Assembly, to be universally observed in all the congregations of this Kirk upon the Sabbath next except one preceding the said next Assembly; The exercises for the members of the Assembly at their first meeting, Being still observed according to the ancient and laudable practise of this Kirk, This appointment notwithstanding.

* * * * *

The Assembly appoints the meeting of the next Generall Assembly to be at Edinburgh upon the first Wednesday of August 1647.

INDEX _of the_ ACTS _of the_ GENERALL ASSEMBLY _not Printed_, 1646.

1.—Election of M. Robert Blair, Moderator. _Sess._ 1.

2.—Committee for tryal of the Commissions questioned. _Sess._ 2.

3.—Committee for References, Reports, and Appeals. _Ib._

4.—Committee for Bills and Overtures. _Ib._

5.—Committee for examining the proceedings of the Commissioners of the preceding Assembly. _Ib._

6.—Committee for revising the Provinciall Books. _Ib._

7.—Commission from Ireland for representing the condition of the Kirk there. _Ib._

8.—Letters from the Committee at Newcastle, the Generall, and the Commissioners at London. _Ib._

9.—Ref. concerning the printed Papers sent from the Commissioners at London to the Commis. Assem. _Ib._

10.—Thanks to M. David Calderwood, with a recommendation to him concerning the History of the Kirk. _Ib._

11.—Act concerning the charitable contribution for the distressed Brethren in Argyle. _Ib._

12.—Order for re-printing the Answer of the House of Lords to the City of Londons Remonstrance. _Ib._

13.—Ref. to the Commis. Assem. concerning absents from this Assembly. _Sess._ 3.

14.—Report concerning the Kirks of Levingston and Slamanna approven. _Ib._

15.—Recom. sent by Will. Hume to the Earle of Winton, concerning the Lord Sempils education. _Sess._ 4.

16.—Recom. to the Province of Merce and Teviotdale, for abolishing Festival and Patron dayes in these bounds, and to report their diligence to the next Assembly. _Ib._

17.—Committee for the Querees from the Province of Merce. _Ib._

18.—Com. for the Petitions from Ireland. _Ib._

19.—Recom. for M. Alex. Case. _Ib._

20.—Committee to confer with M. Iames Kennedie. _Ib._

21.—Ref. to the Commis. Assem. for planting the South Kirk of Leith. _Ib._

22.—Recom. concerning the Spittle Lands of Garvock to the Commission of Parliament for plantation of Kirks. _Ib._

23.—Act for the supply of Margaret Rind, relict of M. Robert Lindsay Minister at Couper in Angus, murdered by the Rebels. _Ib._

24.—Ref. of the Petition from Doun and Antrim in Ireland, to the Commis. of Assem. _Sess._ 5.

25.—Committee for the Petition of Robert Brysons relict. _Ib._

26.—Act for delating the Queeres of Merce and Teviotdale out of the Provinciall Book. _Ib._

27.—Act concerning the Presb. of Kirkwall, and M. Ia. Morison their rebuke, with the reposition of the said M. Iames. _Ib._

28.—Report from the Earle of Winton, concerning the Lord Sempils education in Glasgow. _Ib._

29.—Letters from the Commissioners at London, with a Committee to consider the same. _Sess._ 6.

30.—Ref. to that same Committee concerning Delinquents. _Ib._

31.—Concerning the relict of M. Rob. Lindsay. _Ib._

32.—Remit. concerning Michael Watson, Agnes Ritchie and Isabel Adam, to the Presb. of Glasgow. _Ib._

33.—Recom. Iames Banerman to the Magistrate. _Ib._

34.—Recom. M. Robert Boyd for some supply to the Presb. of Hamiltoun. _Ib._

35.—Ratif. of the Act made concerning the Printing M. Boyde of Trochrigs Book, in favours of the relict and successours of Robert Bryson Printer. _Ib._

36.—Committee for the matter concerning the Kirk of Glenluce. _Ib._

37.—Recom. for Ministers to imploy their talents in writing. _Ib._

38.—Act for M. Iohn Hay at Peebles going to the Mr. of Yesters Regiment. _Sess._ 7.

39.—Recom. for conveening the Commis. of Parl. for plantation of Kirks, and concerning the disorders in the Borders, to the Committee of Estates. _Ib._

40.—Recom. Glencorce, Tweedmoore, Kailzie, and Bath, to Commis. for planting Kirks. _Ib._

41.—Report of the answer of the Committee of Estates, to the particulars recommended to them. _Ib._

42.—Committee to consult upon the remedies of the disorders in the south borders. _Ib._

43.—Ordinance for Claude Hamiltouns relaxation. _Ib._

44.—Ref. M. Peter Inglis and his Tenets to the Commis. Assem. for publike affairs. _Ib._

45.—Ref. concerning idle and sturdy beggars, especially these called Gipsies, concerning concealers and destroyers of conception, adulterers, and incestuous persons to Commis. Assem. for presenting Overtures thereanent to Parl. _Ib._

46.—Recom. Arch. Douglas and Margaret Smith for charity. _Ib._

47.—Thanks to the Earle of Bacleugh. _Sess._ 8.

48.—Committee concerning the Earle of Seafort. _Ib._

49.—Recom. concerning the present election of the Magistrates and Counsell of Aberdeen to the Com. of Estates. _Ib._

50.—Ref. concerning the transportation of M. Rob. Ker to Hadington to the Presbytery and others adjoyned. _Ib._

51.—Ref. concerning the Kirk of Gordoun to the Commis. of Assem. _Ib._

52.—Warrant for examination of M. Iames Daes as a Witnesse in the matter concerning the Kirk of Gordoun. _Ib._

53.—Recom. Fothringhame Bigamist to the Justice. _Ib._

54.—Commis. for visitation of the Universitie of S. Andrews. _Sess._ 9.

55.—Commis. for visitation of the Universitie of Glasgow. _Ib._

56.—Commis. for visitation of the Universitie of Aberdeen. _Ib._

57.—Committee for conference with M. Iames Kennedie excommunicate. _Ib._

58.—Recom. M. Iohn Maccorne. _Ib._

59.—Ref. concerning Ministers to Ireland to the Commis. Assem. _Ib._

60.—Ref. concerning the Petitions of Londondary, Newtoun, and Killeleauch, to the Commis. Assem. _Ib._

61.—Recom. M. Iohn Cunneson and M. Thomas Ireland. _Ib._

62.—Warrant for citing witnesses in the particulars of the Paper given in by Halyburton. _Ib._

63.—Continuation of Sir Iohn Mackenzie. _Ib._

64.—Recom. Eliz. Borthwick. _Ib._

65.—Committee concerning Iames Murrays bussinesse. _Sess._ 10.

66.—Renunciation Sir Iohn Mackenzie of Seaforts Band. _Ib._

67—Recom. to Presbyteries that they admit not expectants to be actuall Ministers to Regiments. _Ib._

68.—Ref. to Commiss. concerning M. Francis Comeray. _Ib._

69.—Committee for conference with the Committee of Estates upon the answer to the Commissioners at London.

70.—Recom. concerning M. Alex. Petrie. _Ib._

71.—Ref. M. Iames Lang to the Commission for publike affairs. _Ib._

72.—Ref. concerning Rouse’s Paraphrase of the Psalmes to the Commiss. _Ib._

73.—Recom. to M. David Calderwood to consider the order of the visitation of Kirks and tryall of Presbyteries, and to report to the next Assem. _Ib._

74.—Act for M. Thomas Wylles removing to Mauchlen conform to the Act of transportation. _Ib._

75.—Recom. to Presb. Linlithgow concerning the planting of Lithgow and Falkirk. _Ib._

76.—Recom. for intimation of Seaforts excommunication. _Sess._ 11.

77.—Letter from the Commissioners at London, _9 Iunii_. _Ib._

78.—The Assemb. answer to the Commissioners at London. _Ib._

79.—Act concerning the Lord Scottistarbits deliverie of the authentick Confession of Faith, subscribed by King Iames and his houshold, with an order for thanks to him therefore. _Ib._

80.—Town of Edinburghs Bill for three Ministers laid aside. _Ib._

81.—Ref. concerning Aberchirdor and Innerkethine to the Commiss. for visitation of the University of Aberdeen. _Ib._

82.—Recom. Margery Fraiser, relict of M. D. Houston to the Committee of losses. _Ib._

83.—Recom. M. Alexander Forrester. _Ib._

84.—Recom. Margaret Campbell to the Committee of Estates. _Ib._

85.—Recom. Agnes Halyburton to the Presb. of Mers and Teviotdale. _Ib._

86.—Acts concerning Ia. Murray. _Ib._

87.—Ref. to the Commiss. Ass. to consider the interests of the Kirk in planting Universities and the chief Masters thereof. _Ib._

88.—Recom. concerning the publike passages of thir times, to be collected in severall Presbiteries, and sent to the Com. Assem. _Ib._

89.—Recom. Iean Alexander to the Presbit. of Edinburgh, and the Presbyteries in Angus and Merns. _Ib._

90.—Recom. Sir William Dick to the Committee of Estates. _Ib._

91.—Order for M. Alexander Levingston to the Generall Artilleries Regiment. _Ib._

92.—Recom. M. Tho. Crawfoord to revise M. Robert Boyds Works. _Ib._

93.—Recom. to Presb. to put in execution the former Acts concerning Bursars, and to make account of their diligence to the next Assem. _Ib._

94.—Admonition Presb. Hamiltoun for proceeding against Alexander Taes. _Ib._

95.—Relaxation of M. Iohn Hay from the sentence of suspension. _Ib._

96.—Committee to represent the Bill concerning the insolencies in the Borders, to the Councell and Committee. _Sess._ 12.

97.—Recom. Ministers of Argyle to the Committees. _Ib._

98.—Commiss. concerning the particulars betwixt Iohn Wilkie of Souldoum and M. Thomas Ramsay, Minister there. _Ib._

99.—Advice concerning the division of Basinden. _Ib._

100.—Committee to urge an answer to the desires of the Assem. concerning the election of the Magistrates of Aberdeen. _Ib._

101.—Ref. to the Commiss. of Assem. to insist upon all occasions for an answer thereunto. _Ib._

102.—Ref. to the said Commission of Assem. for planting vaking places in the Kirk and Colledge of Aberdeen. _Ib._

103.—Letters to the Committee of Newcastle, the Generall, Lievt.-General Lesly, and Generall Major Middleton. _Sess._ 13.

104.—Ref. M. Edward Wright to the Commiss. of Assem. _Ib._

105.—Renovation of the Commission of Orknay and Zetland. _Ib._

106.—Ref. concerning Witches to Com. Ass. _Ib._

107.—Recom. of the Printer in Amsterdam his Bill concerning the charts of this Kingdom. _Ib._

108.—Suspension M. William Wilkie with a reference to the Commis. of Assem. concerning his relaxation. _Sess._ 14.

109.—Ref. Commis. Assem. concerning Doctor Balcanquals Letters. _Ib._

110.—Ref. of the Petitions of the Earle of Traquair and Drumfreis to the Commis. Assem. _Ib._

111.—Act in favours of Barbara Mein, relict of umwhile M. Will. Home Minister. _Ib._

112.—Order for a Minister to Col. Rob. Montgomeries Regiment. _Ib._

113.—Ref. Sir Iohn Smith to Commis. Assem. for publike affairs. _Ib._

114.—Ref. of the Petition of the Town of Edinburgh for two Ministers to the Commis. Assem. _Ib._

115.—Report of the Committee concerning the Kirk of Glenluce, and the Assem. approbation thereof. _Ib._

116.—Act concerning such as are absolved by civill Judicatories. _Ib._

117.—Declaration concerning an Act in the Provinciall Book of Aberdeen, touching M. Nathaniel Martin. _Sess. ult._

118.—Recom. of the vaking stipends of Aberdeen, in favours of M. Nathaniel Martin. _Ib._

119.—Recom. concerning the mortifications by the Laird of Drum to the Commis. for visitation of the Universitie of Aberdeen. _Ib._

120.—Act concerning the distribution of the contribution for the distressed Ministers in Argyle, M. Thomas Ireland, and M. Iohn Cunneson. _Ib._

121.—Report of the Committee concerning the insolencies in the Borders. _Ib._

122.—Ref. Commis. concerning the planting the Kirks of Perth. _Ib._

123.—Ref. concerning the correspondence with the Protestants in Holland and elsewhere. _Ib._

124—Ref. concerning the recom. of M. Eliezer Gilbert to a Regiment. _Ib._

125.—Recom. of M. Gawin Forsythe for maintenance, to the Presb. of Glasgow and Province of Glasgow and Air. _Ib._

126.—Recom. of that part without the Town of Edinburgh called Bristo to Lothian and Teviotdale. _Ib._

127.—Three Acts concerning D. Strang. _Ib._

128.—Act ratifying M. Alex. Innes his deposition, with an Ordinance to the Presb. of Aberdeen to proceed further against him. _Ib._

129.—Committee for presenting the Assemblies thanks to the Generall Artillery. _Ib._

130.—- Ref. to the Commis. Assem. for trying of the murther committed within the Presbyterie of Chirnsyde, and the Presbyteries carriage thereanent. _Ib._

131.—Ref. M. Alex. Robertson, and M. Iohn Chene, to the Commis. for visitation of the University of Aberdeen. _Ib._

132.—Ordinance for Presb. of Hamiltoun to proceed against M. Iohn Rae. _Ib._

133.—Recom. for laying aside some old customes and practises. _Ib._

134.—Indiction of a Fast. _Ib._

135.—Recom. M. Dougall Daroch to the Committee of Estates and the Committee of money. _Ib._

136.—Ref. to the Commiss. of Assem. concerning the tryall of persons of quality members of the Colledge of Justice, or others who have their residence in Edinburgh for their complyance with the Rebells. _Ib._

137.—Commission for these that are to repair to the King, _Ib._

138.—The Assemblies Letter to M. Alexander Henderson. _Ib._

139.—Letter to the Earle of Sutherland and other Gentlemen in the North. _Ib._

140.—Ref. Commiss. for dispensing the annuity of 500l. Sterling upon publike affairs of the Kirk. _Ib._

141.—Act to provide for the charges and all necessaries for M. David Calderwood in his publike imployments; And likewise for the great pains and charges of the Clerk. _Ib._

142.—Act concerning M. Ia. Strachan. _Ib._

143.—Ref. to the Commission to consider of Overtures for restraining any youths to go to the Colledge of Doway or other corrupt Colledges. _Ib._

144.—Ref. to the Commis. for presenting Overtures to the Parliament. _Ib._

=Miscellaneous Historical Documents,=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1646.

1. _Excerpts from Principal Baillie’s Account of the Westminster Assembly, continued from page 439._

_A Publick Letter. January 20, 1646._

The hearts of the divines here who are wise, of the assembly, city, and elsewhere, are set only on the point of government. We are going on in the assembly with the Confession, and could, if need were, shortly end it. We are preparing for the Catechism; but we think all is for little purpose till the government be set up. The assembly has delivered their full sense of all its parts to the parliament half a year ago. The Independent party, albeit their number in the parliament be very small, yet being prime men, active and diligent, and making it their great work to retard all till they be first secured of a toleration of their separate congregations; and the body of the lawyers, who are another strong party in the House, believing all church-government to be a part of the civil and parliamentary power, which nature and scripture has placed in them, and to be derived from them to the ministers only so far as they think expedient; a third party of worldly profane men, who are extremely affrighted to come under the yoke of ecclesiastick discipline; these three kinds making up two parts at least of the parliament, there is no hopes that ever they will settle the government according to our mind, if they were left to themselves.

The assembly has plied them with petition upon petition, the city also, both ministers and magistrates; but all in vain. They know that schisms and heresies daily increase in all the corners of the land for want of discipline; yet the most of them care for none of these things. Had our army been but one 15,000 men in England, our advice would have been followed quickly in all things; but our lamentable posture at home, and our weakness here, make our desires contemptible. Had the King been of any considerable strength, fear would have made them careful to do duty; but their great success, the King’s extreme weakness, and our miseries, make them follow their own natural humours, to the grief of sundry gracious men of their own number. In this case our last refuge is to God, and under him to the city. We have gotten it, thanks to God, to this point, that the mayor, aldermen, common council, and most of the considerable men, are grieved for the increase of sects and heresies, and want of government. They have, yesterday, had a publick fast for it, and renewed solemnly their covenant by oath and subscription; and this day have given in a strong petition for settling of church-government, and suppressing of all sects, without any toleration. No doubt, if they be constant, they will obtain all their desires; for all know here that the parliament cannot subsist without London: so whatsoever they desire in earnest, and constantly, it must be granted. Wherefore, albeit they gave them a baffling answer to their former petition a month ago; yet considering the address of this in all its progress, they have thanked them for it, and promised a good answer speedily. The Independents, and all sects, are wakened much upon it, and all will stir; which way we do not know yet.

* * * * *

Upon the city’s petition for government, the House of Commons have gone on to vote a committee in every shire to cognosce on sundry ecclesiastick causes, which will spoil all our church-government. This night our subcommittee has voted so much toleration for the Independents, that if to-morrow the grand committee pass it, as it is too like to do, this church, by law, will be given over to confusion, notwithstanding all we can do to the contrary. But that which vexes us most of all, is a report that is whispered, of the King’s purpose to go to our army.

* * * * *

_To Scotland. To Mr David Dickson. March 17, 1646._

In the assembly we are fallen on a fashious proposition, that has kept us divers days, and will do so divers more, coming upon the article of the church and the church-notes to oppose the Erastian heresy, which in this land is very strong, especially among the lawyers, unhappy members of this parliament. We find it necessary to say, “That Christ in the New Testament had institute a church-government distinct from the civil, to be exercised by the officers of the church, without commission from the magistrate.” None in the assembly has any doubt of this truth but one Colman, a professed Erastian; a man reasonably learned, but stupid and inconsiderate, half a pleasant, and of small estimation. But the lawyers in the parliament, making it their work to spoil our presbytery, not so much upon conscience, as upon fear that the presbytery spoil their market, and take up the most of the country-pleas without law, did blow up the poor man with much vanity; so he is become their champion, to bring out, in the best way he can, Erastian arguments against the proposition, for the contentment of the parliament. We give him a free and fair hearing; albeit we fear, when we have answered all he can bring, and have confirmed with undeniable proofs our position, the Houses, when it comes to them, shall scrape it out of the Confession; for this point is their idol. The most of them are incredibly zealous for it. The Pope and King were never more earnest for the headship of the church than the plurality of this parliament. However they are like for a time by violence to carry it, yet almost all the ministry are zealous for the prerogative of Christ against them. We are at this instant yoked in a great and dangerous combat for this very thing. We have been often on the brink to set up our government; but Satan to this day hindered us. The ministers and elders are not willing to set up and begin any action, till they may have a law for some power to purpose; all former ordinances have been so intolerably defective, that they could not be accepted. The Erastian and Independent party joining together in the Houses to keep off the government so long as they were able, and when it was extorted, to make it so lame and corrupt as they were able; yet at last yesterday an ordinance came forth to supply the defects of all the former, that so, without further delay, we might go to work.

* * * * *

The Independents have the least zeal to the truth of God of any men we know. Blasphemous heresies are now spread here more than ever in any part of the world; yet they are not only silent, but are patrons and pleaders for liberty almost to them all. We and they have spent many sheets of paper upon the toleration of their separate churches. At the last meeting we concluded to stop our paper-debates, and on Thursday next to begin our verbal disputation against the lawfulness of their desired separation. When we have ended, the Houses will begin to consider this matter. The most there, and in the army, will be for too great a liberty; but the assembly, the city, and the body of all the ministry in the kingdom, are passionately opposite to such an evident breach of our covenant.

* * * * *

_A Postscript. March 31, 1836._

For the time our Commissioners can think on no private thing; for every day they attend, five or six hours together, a solemn debate, with a number of the chief of both Houses of parliament, about the propositions of peace to be sent to the King. A little time will shew much. We are in great doubts. The leaders of the people seem to be inclined to have no shadow of a king; to have liberty for all religions; to have but a lame Erastian presbytery; to be so injurious to us, as to chase us home with the sword. These things to you three alone. The Prince is landed in France, which will be a sentence of foreign war. This day the House of Commons have appointed a committee to secure the King’s person, if he should come to London. Our great hope on Earth, the city of London, has played nipshot: they are speaking of dissolving the assembly.

* * * * *

_To Mr William Spang. April 3, 1646._

The last letter of the King being more taking than the former, offering to be advised by the parliament, if his followers may be secured of their estates, has drawn an answer yesternight, which his five or six former were not able to do. The answer is, That they conceive it not for his good, nor the good of his people, to come hither, till first the propositions be granted which they are preparing to send. In the meantime the city-guards are multiplied, and a committee appointed to secure his person, and seize on his followers, if he should come hither.

* * * * *

_April 23, 1646._—Matters here are in a very ambiguous posture. Exeter is capitulating, if not already rendered. The Prince is yet in Scilly. The Houses have voted 10,000 foot and 2,000 of horse to be raised in the north. Sir Thomas Fairfax’s 21,000 men are voted to continue other four months. They are speaking of other 10,000 for the west: 40,000 men are a great army when there is not one man in the fields against them. The most think they intend to force us to what they will. The common word is, that they will have the King prisoner.

* * * * *

They make the word to go, that the King resolves to go to the Scots army, knowing their compassionate hearts, and love to the King, if he would do his duty. They have belaid all the ways, that they may catch him if he should essay to go any where out of Oxford, till Cromwell come and take him up. No appearance of settling religion or the kingdom, yet God may do both quickly. We are in great grief and perplexity; we pity it that a very few persons should be enabled to keep all in a dangerous confusion, when all might be so easily settled.

* * * * *

_For Scotland. April 24, 1646._

The Houses put out an ordinance for the erecting of presbyteries; but so defective, that while it was in doing, the city drew up a petition against it; which the Houses voted a breach of their privileges. While we were in great hopes that the city would for all that stand to their petition, that we should learn to trust in no flesh, they shamefully succumbed: by a few fair words from the Houses, they were made as mute as fish. Yet the assembly were bold to petition the Houses against that ordinance; for which also they are voted breakers of their privileges. The assembly yet say, they will be stouter than the city, and mind not, by a few, whether fair or foul, words, to acknowledge any fault where none was. And we also, for our exoneration, do give in a fair remonstrance against that ordinance; whereunto as yet we have got no answer, and scarce expect any good one. But the eyes of all are most on the propositions of peace. Our state-commissioners had many and long debates, both by word and writ, with a committee of the Houses, upon the alterations of the former propositions, whereupon both kingdoms had agreed long ago. It came at last to this, that however by treaty they were obliged not to make peace without us, yet they might send what propositions they pleased for their own kingdom; and that, for religion, they would send no particular at all, but only require the King’s consent for a power to the parliament here to establish religion in England and Ireland as they thought fit; also they required him to consent, that for time coming the power of the militia should be in the Houses allenarly, and no part of it in the crown. To neither of these we would consent.

* * * * *

All the Royalists in Scotland could not have pleaded so much for the crown and the King’s just power, as the Chancellor and Wariston did for many days together. All will be presently printed either here or there. Sir Thomas Fairfax’s army will now be near Oxford. They would have made us believe, that the King had resolved to have broke through to our army for protection from prison; but I suspect the chief spreaders of these reports know well enough how they keep him fettered in Oxford with 4000 or 5000 horse, beside their daily treaties with Ashburnam, and these who have absolute power over him, to keep him still till they deliver him to Sir Thomas Fairfax, and to be disposed upon as Cromwell and his friends think it fittest for their affairs.

* * * * *

You see how things stand here. We are on the brink either of a happy peace, or of a more unhappy war than yet we have felt. The madness of these unnatural men, who continue to let out the blood of their country, when it had most need of strength, is inexcusable. Scotland, for ever, must curse the memory, not only of these wicked murderers, but also of all these unhappy self-seeking fools who have or do contribute any thing to our divisions and heart-burnings.

* * * * *

_For Mr Henderson, being at Newcastle with the King._

You will have it from many hands, and I cannot but advertise you also, that the prevalent party desires nothing so much as the King’s refusing of any one of the propositions. It is the sense of all I meet with, that if the King should but delay to grant the propositions, this people will declare against him, and reject him for ever from being King. The Prince his going to France does much imbitter them, and further that which is the design of many, to abolish monarchy, and settle themselves in a new kind of popular government. If the King will presently pass all the propositions, I find the most very willing that he should return, and be received with so much power and honour, as may in a little time bring him to all his just and pious desires. He deceives himself exceedingly, if he expect any divisions here in haste. All will agree, if he remain obstinate, to ruin him and his family, and all who adhere to them. While this fear be secured, by appearance this people will be one. Divers, from whom least I expected it, are for the putting away of the whole royal race. The natural respect I have to all great families, and the great love and reverence that I ever carried to the King’s person, makes me grieve and fear much at this time. When I look upon the disposition of all men I know, I see nothing but ruin for poor Scotland, except the God of heaven help you there to save that poor prince from destroying of himself and his posterity.

* * * * *

_For Mr Spang. May 15, 1646. From London._

The other week, by appearance by a secret instruction, our letters at the city-guards were taken, and broken up, and read in the House of Commons. One of John Cheesly’s has caused much noise. For ourselves we are all well; neither do we fear any hard usage for any thing that can fall out. There is no appearance of any such wrong; but there was great appearance of surrounding our army at Newark, with all the forces they had, at least with 26,000 well-armed men, to take the King from us to prison, or to cut us off. This made us, after the capitulation for Newark, to retire with speed. We are now out of their danger in haste. The faction’s great design is to continue the war; a peace is their quick and evident ruin. The King’s being with us makes them mad; but all good people are very joyful of it.

* * * * *

The good party has now the plurality in the House of Lords; many in the House of Commons are falling off our unfriends. It is hoped the city may yet remonstrate against the sects, and that to purpose shortly; but our great perplexity is for the King’s disposition. How far he will be persuaded to yield, we do not yet know. I hope Mr Henderson is with him this night at Newcastle.

* * * * *

_For Mr Henderson. May 19, 1646._

There is much talk here by all sorts of people of the King’s obstinacy; that he is the longer the worse, and refuses all reason. The faction rejoices herein. This disposition contributes exceedingly to their wicked design. All our friends are very sorry for it. Except God help you, that you have occasion to let us know shortly there is a great change, we will not know whither to turn us. Our perplexity for him and ourselves for the present is very great. If he would do his duty, in spite of all knaves, all would in a moment go right; but if God have hardened him, so far as I can perceive, this people will strive to have him in their power, and make an example of him. I abhor to think of it, what they speak of execution.

* * * * *

_For Glasgow. July 14, 1646._

On Sunday, in all congregations of the city, the elders are to be chosen. So the next week, church-sessions in every parish, and twelve presbyteries within the city, and a provincial synod are to be set up, and quickly, without any impediment that we apprehend. The like is to be done over all the land. They go to this work unanimously and chearfully at last, I mean all but the sectaries. That it may the better succeed, there is on Thursday next a general fast over the city, which both the assembly and parliament do countenance. The work of the assembly, these bygone weeks, has been to answer some very captious questions of the parliament, about the clear scriptural warrant for all the punctilio’s of the government. It was thought it would be impossible to us to answer, and that in our answers there should be no unanimity; yet, by God’s grace, we shall deceive them who were waiting for our halting. The committee has prepared very solid and satisfactory answers already, almost to all the questions, wherein there is like to be an unanimity absolute in all things material, even with the Independents. But because of the assembly’s way, and the Independents miserable unamendable design to keep all things from any conclusion, it is like we shall not be able to perfect our answers for some time; therefore I have put some of my good friends, leading men in the House of Commons, to move the assembly to lay aside our questions for a time, and labour about that which is most necessary, and all are crying for the perfecting of the Confession of Faith and Catechism. If this motion take, I hope we shall end shortly our Confession, for there are but a few articles now to go through. It will be a very gracious and satisfactory Confession when you see it. We made, long ago, a pretty progress in the Catechism; but falling on rubs and long debates, it was laid aside till the Confession was ended, with resolution to have no matter in it but what was expressed in the Confession, which should not be debated over again in the Catechism. If these two pieces, and the Catechism, were out of our hands, our long work were at an end. All the corrections of Mr Rous’s psalms and advices which come up from thence, were very friendly received, and almost all of them followed. It is like the assembly and parliament here will, ere long, authorise the use of that oft corrected Psalter. Whether you think meet to make use of it or not, it shall be absolutely in your own power.

* * * * *

_For Mr William Spang. August 7, 1646._

We were lately in some good hopes of an happy end of our long troubles, but now we are very near desperate of that. After all possible endeavours by all unanimously, Scots, English, French, so far as yet we know, the King refuses the propositions. We expect on Monday the Chancellor and Argyle, with the English commissioners. After their report to the Houses, we fear sad votes. It will be our endeavour to keep them from sudden conclusions. They take very long time to the smallest affairs: I fear they be too quick in deposing the King, and setting a day to the Prince. We are at a great nonplus, in very great grief and perplexity. We know not what either to say or do. There is before us a thick cloud of confusion. Many of the King’s greatest friends think his obstinacy judicial, as if, in God’s justice, he were destroying himself. I fear he will down with him all his posterity, and monarchy. Also in this isle we have very small hopes of doing any more with him, and many thousands more of his best subjects. This is the great joy of the prevalent party, the thing they panted for with all earnestness. Our griefs and fears are great, and for the time we are in a great stupidity and astonishment. It will be our endeavour to keep the nations together, albeit we scarce see the possibility of it. Mr Henderson is dying most of heartbreak at Newcastle.

* * * * *

_For Mr Henderson. August 13, 1646._

It seems the most here are inclined to declare against the King, and that without much regret. I know no remeid, but a quick message from him to grant all. I wish our meeting at Edinburgh would yet send to him for that effect; but I fear it be too late.

* * * * *

In the assembly we were like to have stuck many months on the questions; and the Independents were in a way to get all their differences debated over again. I dealt so with Mr Rous and Mr Tate, that they brought us an order from the House to lay aside the questions till the Confession and Catechism were ended. Many took it for a trick of the Independents and Erastians for our hurt; but I knew it was nothing less. We are now near an end of our Confession. We stick on the article of synods, upon the proposition of their coercive power, or their power to excommunicate. If this were over, we apprehend no more long debates on the Confession. The Committee for the Catechism has well near ended their work.

* * * * *

_For Mr Robert Blair. August 18, 1646._

With much diligence, and art, and great perplexities, we strive every day to keep the House of Commons from falling on the King’s answer. We know not what hour they will close their doors, and declare the King fallen from his throne; which if they should once do, we put no doubt but all England would concur; and if any should mutter against it, they would be quickly suppressed. Do not expect, that ever any more messages will come to you [meaning the King] from this. If within a very few days you send not hither a simple and absolute grant of all the propositions, without any _if_, or _and_, you will quickly obtain your desire. A martyrdom, a perpetual close prison at least, will be your portion; and that without the pity of many. If yet you would do what within a few weeks you will on your knees beg to be permitted to do, but in vain, you might save all.

* * * * *

_For Mr David Dickson. August 18, 1646._

The King’s unhappy refusal of the propositions has put us here in a great deal of confusion and perplexity. The sectaries do exceedingly rejoice; the rest are in great sadness. The great danger was, that the House of Commons presently without any more, should declare against the King. Our great care was to prevent that great mischief; for if they once had passed a vote to demand the King, to remove our army, to send their army northward, there was no remeid. Therefore we made ready a paper before their commissioners returned, and presented it at the very back of their commissioners report, of our willingness to disband our army, and give up the garrisons upon reasonable satisfaction; and our desire to take, by common advice, a course for settling of the kingdoms. The noise of our very good carriage at Newcastle, the great equity of our paper, our private dealing with our friends in the Houses, made our motions taken: so we have got them to consider first the matter of our army before they came to the King’s answer. We hope to keep on this for some days, till the King have a little more time to be better advised. And such diligence has been used, that we hear he is coming near us.

* * * * *

Their first offer to us was of £100,000 Sterling for the disbanding of our army. We, this day, gave them in a paper wherein we were peremptor for more than double that sum for the present, besides the huge sums which we crave to be paid afterward. They have appointed a committee to confer with us; we are in some hopes of agreement.

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Records of the Kirk of ScotlandChapter LIX: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (56)

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