Chapter LXVII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (64)

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 perfected (though by the Lords blessing there is a good progress made in the same) There is a necessity of renewing the Commissions granted formerly for prosecuting and perfecting that great Work; Do Therefore Renew the Power and Commission granted for the Publick Affairs of the Kirk by the Generall Assemblies held at Saint Andrews, 1642, and at Edinburgh 1643, 1644, 1645, 1646, and 1647, unto the persons following, viz. Masters, John Lawder, Andrew Wood, David Calderwood, Robert Ker, John Mackghie, John Knox, John Sinclar, John Adamson, Robert Dowglas, George Gillespie, James Hamilton, Mungo Law, John Smith, Robert Lawrie, George Lesly, John Weir, Robert Eliot, Alexander Dickson, Patrick Fleeming, Thomas Vassie, Ephraim Melvill, Hew Kennedie, Kenneth Logie, Alexander Levistoun, George Bennet, David Weems, William Row, Robert Young, William Menzies, John Friebairne, John Givan, Harie Guthrie, Andrew Rind, David Auchterlony, Samuel Ousteen, Thomas Henderson, Charles Archibald, Andrew Lawder, John Leviston, John Macklellan, Alexander Turnbull, William Foullerton, George Hutcheson, John Genell, Patrick Colvill, James Ferguson, Hew Peebles, John Hamilton, Alexander Dunlope, David Ephiston, David Dickson, Robert Baillie, Robert Ramsay, Patrick Gillespie, Patrick Sharpe, James Nasmith, John Home, Evan Camron, Robert Blair, Samuel Rutherfurd, David Forret, Robert Traill, Andrew Bennett, Walther Greg, John Macgill younger, John Moncreiff, Fredrick Carmichaell, John Chalmers, John Duncan, Andrew Donaldson, Wil. Oliphant, George Simmer, Andrew Affleck, Arthur Granger, David Strachen, Andrew Cant, John Rew, John Paterson, Alexander Cant, John Young, John Seaton, David Lindsay at Belhelvie, Nathaniel Martine, John Annand, William Falconer, Joseph Brodie, Alexander Summer, William Chalmer, Gilbert Anderson, David Rosse, George Gray, Robert Knox, William Penman, James Guthrie, Thomas Donaldson, William Jameson, Thomas Wilkie, James Ker, John Knox, Andrew Dunncason, _Ministers_: Archibald Marques of Argile, Alexander Earle of Eglintoun, John Earle of Cassils, William Earle of Lothian, Archibald Lord Angus, William Lord Borthwick, John Lord Torphichen, John Lord Balmerino, Robert Lord Burly, James Lord Couper, _________ Lord Kilcudbright, Alexander Lord Elcho, Sir Archibald Johnston of Wariston, Sir John Hope of Craighall, Arthur Erskin of Scotscraig, Sir John Moncreiff of that ilk, ________ Beaton of Creigh, Sir John Wauchhope of Midrie, Sir Thomas Ruthven of Frieland, Sir George Maxwell of Netherpollock, Sir James Fraser of Brae, Sir James Hackact of Pitfirren, Sir William Carmichaell younger of that ilk, Walter Dundas younger of that ilk, Thomas Craigs of Ricarton, Mr George Winrain of Liberton, Sir Alexander Inglis of Ingliston, Alexander Brodie of that ilk, __________ Forbes of Eight, William Moore of Glanderston, John Ker of Lochtour, Alexander Pringill of Whitbank, Walther Scot of Whitslaid, John Crafurd of Crafurdland, Sir John Chisly of Carswell, Robert Monroe of Obsteall, __________ Cornwall of Bonhard, George Dundas of Dudingston, Sir Iames Stewart of Kirkfield, Mr Alexander Colvill of Blair, Mr Alexander Peirson, Mr Robert Burnet younger, Mr Thomas Murray, George Potterfield, Mr Iames Campbell, Iames Hamilton, Lawrence Henderson, Mr Robert Barclay, Mr William More, William Glendoning doctor, __________ Dowglas, Iames Sword, Gideon Iack, Mr Dougall Campbell, Iohn Boswall, Iohn Brown, Wil. Brown, Robert Brown and William Russell, _Elders_: Giving unto them full Power and Commission, to do all and every thing for preservation of the Established Doctrine, Discipline, Worship and Government of this Kirk, against all who shall endeavour to introduce any thing contrary thereunto, and 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 proceeding Assemblies thereanent, And to that effect Appoints them, or any seventeen of them, whereof thirteen shall be Ministers to meet here in this City to morrow the 12ᵗʰ of this Moneth, And thereafter upon the last Wednesday, of November, February, and May next, and upon any other day, and in any other place they shall think fit. Renewing also to the Persons before named the power contained in the Act of the Assembly 1643, Intituled “A Reference to the Commission anent the Persons designed to repair to the Kingdom of England.” And further, in case Delinquents have no constant residence in any one Presbyterie, or if Presbyteries be negligent or overawed, in these cases The Assembly gives to the persons before named, such power of censuring complyers and persons disaffected to the Covenant according to the Acts of the Assembly, Declaring alwayes and providing, that Ministers shall not be deposed, but in one of the quarterly meetings of this Commission; And further Authorises them as formerly with full power to make Supplications, Remonstrances, Declarations and Warnings to Indict Fasts and Thanksgivings as there shall be cause to Protest against all encroachments upon the Liberties of the Kirk, And to censure all such as interupt this Commission or any other Church Judicatory, or the execution of their Censures or of any other sentences or Acts issuing from them, And with full power to them to treat and determine in the matters referred unto them by this Assembly, as fully and freely as if the same were here fully expressed, and with as ample power as any Commission of any former Generall Assemblies hath had or been in use of before: Declaring also that all opposers of the authority of this Commission in matters intrusted to them shall be holden as opposers of the authority of the Generall Assembly, And this Commission in their whole proceedings are comptable to, and censurable by the next Generall Assembly.

* * * * *

August 11, 1648. Post Meridiem. Sess. XL.

_Exemption of Murray, Rosse, and Caithnesse from the contribution
granted to the boyes of Argyle, with a Recomendation to Presbyteries,
to make up what is taken of them by that exemption._

Concerning the overture and desire of the Commissioners of the Presbyteries of Murray, Rosse, and Caithnesse for an exemption from that contribution of fourty shillings, recommended for entertainment of the Irish-boyes in Argyle; The Assembly having considered thereof, and of their offer in the name of the said Presbyteries, if that exemption be granted, Do Approve their offer, And Therefore hereby Exoners the said Presbyteries of the said contribution of fourty shillings toward the entertainment of the boyes in Argyle, And Ordains for that exemption according to the offer of their said Commissioners, that each Presbyterie of the said Provinces entertaine one of the Irish language at Schooles, and if any be found already fit for Colledges, they shall maintain them at Philosophie, and so forward, untill they be fit for the Ministry: And Because by this exemption the contribution for the boyes in Argyle will be so much lessened. Therefore The Assembly Recommends to all other Presbyteries to think upon some way how by the charitable supply that may be made up unto them.

* * * * *

_Act concerning Collection for the Poor._

The Assembly Understanding that the collections for the poor in some Kirks in the Countrey, are taken in the time of Divine Service, which being a very great and unseemly disturbance of Divine Worship, Do Therefore hereby Inhibit and discharge the same. And Ordains that the Minister and Session appoint some other way and time for receiving the said Collections.

_Recommendation for securing provisions to Ministers in Burghs._

In regard that the stipends of many Ministers in Burghs are not secured unto them and their successors; Therefore the Assembly Do seriously Recommend to the Honourable Commission of Parliament for planting of Kirks, to provide reall and valide security of competent and honest meanes to the present Ministers of Burghs and their successours, where they are not sufficiently provided or secured already; Ordaining Presbyteries to use all necessary diligence for prosecuting thereof before the said Commission for planting Kirks.

_The Humble Supplication of the Generall Assembly of the Kirk of
Scotland, met at Edinburgh August 12, unto the Kings Most Excellent
Majestie._

Albeit your Majestie through the suggestions of evil men, may haply entertain hard thoughts of us and our Proceedings, yet the Searcher of hearts knowes, and our consciences bear record unto us, that we bear in our spirits these humble and dutifull respects to your Majestie, that loyall subjects owe to their native Soveraigne, and that it would be one of our greatest contentments upon earth, to see your Majestie reigning for the LORD, in Righteousnesse and Peace over these Nations: And therefore as we do bow our knees daily before the Throne of Grace on your behalf, and the behalf of your Posterity; So we finde our selves, as heretofore, obliged faithfully and freely to warn your Majestie of your danger and dutie; Wishing, and hoping that the LORD will incline your Royall heart, from the sence of the evil which hath befallen You, through the slighting of former Warning, to be more attentive onto this. We are very sensible of your Majesties suffering, and low condition, and do not in the least measure approve, but from our hearts abhorre any thing that hath been done to your Majesties Person, contrary to the common resolutions of both Kingdoms: Yet it shall be your Majesties wisdom, in this as in all that hath befallen you these years past, to read the righteous hand of the LORD, writing bitter things against you, as for all your Provocations, so especially for resisting his Work, and authorising by your Commissions the shedding of the blood of his People, for which it is high time to repent, that there be no more wrath against you and your Realms.

The Commission of the preceding Assembly, whose proceedings are unanimously approven by this Assembly, Having read your Majesties Letter of the date at Carisbrook Castle, December 27, And perused your Concessions, did finde some of these Concessions destructive to the Covenant, and all of them unsatisfactorie, and did therefore emit a Declaration concerning the same, least your Majesties Subjects in this Kingdom should have unawares imbarked themselves in an Engagement upon grounds not consisting with the good of Religion, and the Solemn League and Covenant. For preventing whereof, they did also present most just and necessary desires unto the high and honourable Court of Parliament of this Kingdom; which, if they had been granted, might have through the Blessing of GOD, either procured (upon Treaty) your Majesties re-establishment, and a solide Peace, or laid open the expediencie and necessity of a lawfull War, and have united this Kingdom therein for the good of Religion, of your Majestie, and of your Kingdoms. When the Parliament was pleased without satisfaction to any of these desires, to go on towards the determining of a War upon the grounds contained in their Declaration, As many of their own Members who have been faithfull in the Cause of GOD from the beginning, did dissent from their proceedings, so most of all the Presbyteries and Synods of this Kingdom, and the Committees of War in severall Shires did by humble Supplication represent to the Parliament, how unsatisfied they were in their consciences concerning the present Engagement: Notwithstanding of all which, the Engagement hath been carried on without clearing either of the lawfulnesse or necessity thereof. Therefore, We having now examined the same by the Rule of Gods Word, and having found it unlawfull, as we have warned the whole Kingdom of the danger thereof, So we hold it our Duty also to warne your Majestie as the Servants of the most High GOD, and in Name of the Lord Jesus Christ, who must Judge the quick and dead, Earnestly beseeching your Majestie that as ye would not draw new guilt upon your Majesties Throne, and make these Kingdoms again a field of Blood, you would be far from owning or having any hand in this so unlawfull an Engagement; Which as it hath already been the cause of so much sorrow and many sufferings to the People of God in this Land, who choose affliction rather then sin, So it tendeth to the undoing of the Covenant and Work of Reformation: As we do not oppose the restitution of your Majestie to the exercise of your Royall Power; So we must needs desire that that which is GODS be given unto Him in the first place, and that Religion may be secured before the setling of any humane interest; Being confident that this way is not only most for the Honour of GOD, but also for your Majesties Honor and Safety. And therefore as it was one of our Desires to the High and Honourable Court of Parliament that they would solicite your Majestie for securing of Religion, and establishing the Solemn League and Covenant in all your Dominions, that your Majestie might know that what they intend on your behalf was with a subordination to Religion; So we do now from our selves make this humble address unto your Majestie, intreating your Majestie as you tender Truth and Peace, you would be pleased to suffer your self to be possessed with right thoughts of the League and Covenant, and of the proceedings of your Majesties loyall Subjects in relation thereunto, and give your Royall assent for injoyning of it in all your Dominions. If your Majestie had been pleased to hearken to our Counsell hereanent some years ago, the blood of many thousands, which now lyes upon your Majesties Throne, might have been spared, Popery, Prelacy, Idolatry, Superstition, Prophanesse, Heresie, Errour, Sects and Schismes which are now grown to so great a height in England, might have been extirpate, and your Majestie sitting in Peace in your own House, Reigning over your Subjects with much mutuall contentment and confidence. And if your Majestie shall yet search out and repent of all your secret and open Sins, And after so many dear-bought experiences of the danger of evil Counsell, be now so wise as to avoid it, and to hearken to us speaking unto you in the Name of the Lord, We are confident by this means your Majestie may yet be restored, and a sure and firme peace procured. We take it as a great mercy, and as a door of hope, that GOD still inclines the hearts of all his Servants to pray for your Majestie; And we would not have your Majestie to look upon it as a light thing that you have been preserved alive, when many thousands have by your means and procurement fallen on your right hand and on your left hand. God forbid that your Majestie should any longer despise the word of exhortation, the riches of his goodnesse, forbearance and long suffering, not knowing that the goodnesse of God leads you unto Repentance; For if your Majestie do so, As we are afraid, all Counsels and Endeavours for your Majesties re-establishment shall be in vain and without successe, because of the Wrath of the LORD of Hosts, who brings down the mighty from his Throne, and scatters the proud in the imaginations of their hearts; So we shall mourn in secret for it, and for all the miseries that are like to come upon your Throne and your Dominions, and comfort our selves in this, that we have delivered our own souls. But we desire to hope better things, and that your Majestie will humble your self under the mighty hand of God, and be inclined to hearken to the faithfull advise of his Servants, be willing to secure Religion, and imploy your Royall Power for advancing the Kingdom of the Son of GOD, which will turn as well to the Honour and Happinesse of your Majestie as to the Peace and Safety of your Subjects.

* * * * *

August 12, 1648. Sess. Ult

_Act discharging Duels._

The General Assembly taking in consideration the many Duels and combats that have been fought, and Challenges that have been made, and carried, and received in this Land of late. And being sensible of the exceeding great offence that comes by so horrible and hainous a sin; which is a grosse preferring of the supposed credit of the Creature unto the Honour of the most High God, and an usurpation upon the office of the Magistrate by private mens taking of the Sword, And a High degree of murther both of body and soul, by shedding the blood of the one, and cutting off the other from time of repenting; And which doth ordinarily produce many wofull consequents, Therefore doth enact And Ordain that all Persons of whatsoever quality who shall either fight Duels, or make, or write, or receive, or with their knowledge carry Challenges, or go to the fields, either as Principals, or as Seconds to fight Duels and Combats, that they shall without respect of Persons be processed with the Censures of the Kirk and brought before the Congregation two severall Lords-dayes; In the first whereof they are sharply to be rebuked and convinced of the hainousnesse of their sin and offence, and on the next to make a solemn publick Confession thereof, and profession of their unfained Humiliation and Repentance for the same. And if the Person guilty of any of the former offences be an Elder or Deacon, he is to be removed from his office, and whatsoever person guilty of any of these offences, shall refuse to give obedience according to the tenour of this Act, shall be processed to Excommunication: Declaring always, that if any be killed at such Duels, the killer shall be proceeded against by the Kirk as other murtherers.

_Act concerning deposed Ministers._

The Assembly considering that divers Ministers deposed for Malignancy, and complying with the Enemies of this Kirk and Cause of God, may be suited by, and hope to get entry in some Congregation where a Minister deposed for Malignancy hath been, and may be supposed to have put on the people a stamp and impression of Malignancie, and being by the Act of the Generall Assembly in _Anno_ 1645, Past all hope of being restored to the place out of whilk he was cast: Now also Ordains and enacts that no Minister deposed for Malignancy and complyance foresaid (when it shall fall out that he be put in a capacity of admission to the Ministry) shall enter into the Congregation of any other Minister who also hath been deposed for Malignancy and complyance, as said is.

* * * * *

The General Assembly not having now time to consider the References of preceding Assemblies, and the most part of Presbyteries not having sent their opinions in Writ, Therefore do yet again Recommend to Presbyteries and Provinciall Assemblies to consider all matters referred by this or by any former Assemblies, are to send their opinions therein in writ to the next Generall Assembly:

* * * * *

The meeting of the next Generall Assembly is hereby Appointed to be at Edinburgh the first Wednesday of July, 1649.

A. KER.

INDEX _of the UNPRINTED ACTS of the GENERALL ASSEMBLY, held at Edinburgh, 1648._

1.—Election of Mr George Gillespie, Moderator. _Sess_. 1.

2.—Recom. to the Magistrates of Edinburgh for accommodating the Assembly-house for the Members thereof. _Sess._ 2.

3.—Committee for the contraverted Commissions. _Ib._

4.—Committee for References and Appeals. _Ib._

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

6.—Committee for triall of the proceedings of the Commission of the preceding Assembly. _Ib._

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

8.—Committee for appointing Ministers to Preach during the Sitting of the Assembly. _Ib._

9.—Committee to consider the present dangers and duties of these times, and other publick matters. _Ib._

10.—Ref. to the Committee to consider of the said Elections of Commissioners from Burghs. _Ib._

11.—Act concerning the Commission from Ireland. _Ib._

12.—Act rejecting the Commission from the Presbyterie of Chirnside. _Sess._ 3.

13.—Letter to the Laird of Blacader, Elder in the said Commission, to clear the Assemblies respects to him. _Ib._

14.—Act Refusing the Commission from Dunce. _Ib._

15.—Meeting of the Commissioners from severall Provinces to try the blasphemies and insolences of the Army, now forth in the late Engagement against England, and to report. _Ib._

16.—Act concerning Mr James Aitkin. _Sess._ 4.

17—Commission for Visitation of the Presbyteries of Dunce and Chirnside. _Ib._

18.—Committee for hearing the report concerning the Paraphrase of the Psalmes in Meeter. _Ib._

19.—Ref. to the Committee for publick matters, to take in the reports concerning the Directorie of Government, Catechisme, and CXI Propositions. _Ib._

20.—Recom. in favours of the relicts of Doctor Sharpe and Mr R. Brounlies to the Committee of Estates. _Ib._

21.—Petition from the Army lately gone to England. _Sess._ 5.

22.—The offers and desires of the Committee of Estates of the 17 July. _Ib._

23.—Quære to the Committee of Estates. _Ib._

24.—Recom. to the Lord Theasaurer for the arrears of the annuity of 500. li. Sterl. _Ib._

25.—Answer to the Quære from the Committee of Estates 17 July. _Ib._

26.—Return to the Committee of Estates. _Ib._

27.—Ref. Petitions from Ireland for Ministers to a Commitee. _Ib._

28.—Modification to Mr David Calderwood for his publick employments. _Sess._ 6.

29.—Modification to the Clerk of the Assembly for his service. _Ib._

30.—Paper from the Committee of Estates of the 18 July. _Ib._

31.—The Assemblies return to the said Paper. _Ib._

32.—The Committee of Estates answer to the said return. _Ib._

33.—The Assemblies Return to the said answer. _Ib._

34.—Another Paper from the Committee of Estates of the 18 July. _Sess._ 7.

35.—Answer to the Paper last sent from the Committee of Estates, bearing a power to certain Members of the Assembly to confer with their Lordships. _Ib._

36.—Answer to Mr Patrick Hammiltoun, denying his desire for opening his mouth, with a Recommendation in his favours. _Sess._ 8.

37.—Remit. Mr James Rosse to Presbyterie and Synod. _Ib._

38.—Recom. to Presbyterie of Dunkeld concerning vaiking Stipends. _Ib._

39.—Approbation of the Act of the Commission of the preceding Assembly concerning the Collecting of the History of the time. _Ib._

40.—Recom. to the Clerk for Printing the publick Papers. _Ib._

41.—Recom. to the Clerk for reprinting the Confession of Faith with the Assemblies Approbation. _Sess._ 9.

42.—Recom. to Mr Robert Dowglas for printing two of his Sermons. _Ib._

43.—Ref. concerning Major Turner and Lieut. Colonel Hurrie to the Commission for publike affairs. _Ib._

44.—Remit. to the Presbyterie of Edinburgh concerning the Service-books and Idolatrous monuments, now lying in the high-School-yard. _Ib._

45.—Committee for considering James Murrays businesse. _Ib._

46.—Paper from the Committee of Estates of the 20 Iuly. _Sess._ 10.

47.—The Assemblies Answer thereto with an appointment for conference. _Ib._

48.—Order for citing Patrick Lesly Provest of Aberdeen. _Ib._

49.—Recom. to the Committee of Estates concerning his miscarriage. _Ib._

50.—Ref. concerning insolences and blasphemies of the souldiers to the Commission for publick affairs. _Sess._ 11.

51.—Paper from the Committee of Estates of the 22 July concerning the conference, and concerning Patrick Lesly. _Sess._ 12.

52.—The Assemblies answer to the said Paper. _Ib._

53.—Act concerning Mr George Clerk. _Ib._

54.—Act refusing Mr George Hutchesons transportation to Air. _Ib._

55.—Motion verballie from the Committee for Ministers to the Army, with the Assemblies answer thereunto. _Ib._

56.—Act concerning Patrick Leslies answers. _Ib._

57.—Paper from the Committee of Estates of the 24 July. _Sess._ 13.

58.—Ref. of the said Paper to the Committee for publick businesse to consider of an answer, and report their opinions. _Ib._

59.—Act concerning Patrick Lesly. _Ib._

60.—Appointment of a letter to Mr Hew Henderson for setling in Dumfries according to the sentence of transportation. _Ib._

61.—Ref. for planting a Collegue in Air to the Commisson for publick affairs. _Ib._

62.—Ref. of the remedies of the sins of the times, to the Committee which was appointed for triall of the Commission of the preceding Assembly. _Ib._

63.—Ref. Mr Walter Comries transportation to the Committee of bills, and they to report. _Ib._

64.—Appointment that all bills, appeals, references, reports, &c. be given in before Wednesday next. _Ib._

65.—Paper from the Committee concerning Patrick Lesley. _Sess._ 14.

66.—The Assemblies answer thereunto. _Ib._

67.—Ref. Patrick Lesley to a Committee for conference. _Ib._

68.—Suspension Mr Harie Cockburn. _Sess._ 15.

69.—Vote sustaining the summons concerning the transportation of Mr John Leviston to Ancrum. _Ib._

70.—Recom. Mr Iohn Durie to E. Hadington. _Sess._ 16.

71.—Ref. Mr Samuel Dowglas to the visitation of Dunce and Chirnside. _Ib._

72.—Ref. the dissent of the Brethren in the Provinciall of Merse and Teviotdaill to the said visitation. _Ib._

73.—Ref. concerning Ministers to Ireland to the Commission to be appointed for publick affairs. _Ib._

74.—Advise concerning discipline to be used, with the Garisons and Regiments in Ireland. _Ib._

75.—Letter to Generall Major Monro. _Ib._

76.—Ref. for planting the Kirk of Bruntiland to the Commission to be appointed for publick affairs. _Sess._ 17.

77.—Recom. concerning James Murrayes children. _Ib._

78.—Recom. to the Commission of Parliament for planting of Kirks the adjoyning Sutherland, Sutherlandhall, &c. to Lindean and making it a distinct paroch. _Ib._

79.—Recom. for keeping in the interim the Kirk of Galosheills. _Ib._

80.—Recom. in favours of Mr James Morison Minister at Erne and Randell, or his executors for the payment of a some of mony by the next intrant. _Ib._

81.—Recom. for planting Kirks in Badinoch to the Commission for planting of Kirks. _Ib._

82.—Recom. to the Commission for publick affairs to think upon and prosecute some wayes for planting a Ministery in Lochabar. _Ib._

83.—Recom. to Presbyteries to send a more particular information of the insolencies and miscarriages of the souldiers and the evidences thereof to the Commission for publick affairs. _Ib._

84.—Ref. to the Committee of bills to distribute the petitions for charitie. _Ib._

85.—Recom. Mr Robert Linsayes relict and children. _Sess._ 18.

86.—Recom. Mr Patrick Linsayes children. _Ib._

87.—Paper from the Committee of Estates of the 28 of July. _Ib._

88.—Recom. to Presbyteries to supplie the places of the brethren sent in Commission to the Generall Assembly, or that attend the meetings of the Commission of the Assembly. _Sess._ 19.

89.—Act for conference with Earle of Abercorne untill the first of March. _Sess._ 20.

90.—Committee for considering the hospitalls, and to report their condition. _Ib._

91.—Commission for visiting Rosse, Sutherland, Cathnes, Orknay, and Zetland, with a Reference concerning Mr Iames Iohnston. _Ib._

92.—Commission for visitation of Stirling, and Dumblane Presbyteries, with a Reference for the particular concerning Mr Andrew Iaffray. _Ib._

93.—Ref. to the Commission for publick affairs for the triall of the Provinciall book of Argyle. _Ib._

94.—Act appointing the Clerk to print the Declaration with the first conveniencie and to send it to Presbyteries. _Sess._ 22.

95.—Vote for removing the Commissioners in the Province of Galloway in the matter concerning Mr John Levistons transportation to Ancrum. _Ib._

96.—Declaration in favour of the Presbyterie of Jedburgh, for preserving their right and interest in planting Ancrum _proprio Jure_. _Ib._

97.—Transportation of Mr John Leviston to Ancrum. _Ib._

98.—Order for some Brethrens presenting the Declaration to the Committee of Estates. _Sess._ 23.

99.—Ref. to the Committee appointed for publick matters to consider of the materialls and draught of a petition to the Committee Estates. _Ib._

100.—Ref. for planting Kircaldie to the Commission for publick affairs. _Sess._ 24.

101.—Approbation of the manner and order of the calling and setling a Collegue in the Kirk of Culrosse. _Ib._

102.—Committee concerning Mr Iames Row. _Ib._

103.—Committee for examining Witnesses upon the injury done to Mr Robert Melvill. _Ib._

104.—Committee for examining a scandalous Pamphlet falsly put forth under the name of Mr Alexander Henderson. _Sess._ 25.

105.—The Assemblies answer Refusing the desire of the Isle of Makghie in Ireland for Mr Iohn Dick. _Ib._

106.—Vote for ___________ Maccullo of Ardwell his purgation by oath. _Ib._

107.—Warrant for citing the persons that injured Mr Robert Melvill. _Ib._

108.—Vote concerning Patrick Leslie. _Sess._ 27.

109.—Approbation of the Excambion mentioned in the contract betwixt Sir William Scot and the Minister of Mertoun consented to by the Presbyterie, and approven by the Synod. _Ib._

110.—Ref. Mr William Home to the Visitation of Dunce and Chirnside. _Ib._

111.—Liberty for Iohn Gillon to preach untill the next Assembly for exercise of his gift. _Ib._

112.—Ref. concerning the Quære from the Presbyterie of Edinburgh, touching the marriage of a young gentlewoman minor without consent of her tutors, to a Committee. _Ib._

113.—Act refusing the desire of Mr Iames Row for opening his mouth. _Ib._

114.—Remit. the appeal of the Parochiners of Schots, concerning the admission of Mr Francis Kincade to the Presbyterie and Synod respectively of consent. _Ib._

115.—Act refusing the transporting of Doctor Colvill to the Colledge of Edinburgh. _Sess._ 29.

116.—Ref. Mr William Sanders to the Commission for planting of Kirks. _Ib._

117.—Ref. dissent in the Presbyterie of Chirnside to the visitation of Dunce and Chirnside. _Sess._ 30.

118.—Act for conference with the Lady Mordington. _Ib._

119.—Ref. to the Visitation of Dunce for tryall of that murder committed in the Lord Mordingtons house. _Ib._

120.—Appointment of Mr Alexander Leviston to go to Ireland first, next Mr Hary Sempell, Mr Androw Lawder in the third place, and Mr Iohn Dick the last three moneth. _Ib._

121.—Recom. Some Brethren to speak again the Lord Theasaurer for payment of by-gones of the annuity of 500l. Sterling. _Ib._

122.—Vote for laying aside the question concerning Mr John Lawes appeal. _Ib._

123.—Ref. to a Committee to consider of some Overtures concerning Papists and their children and Excommunicate persons and to report. _Ib._

124.—Recom. to the Presbyterie of Chirnside, concerning Mordingtons family. _Ib._

125.—Act concerning Patrick Leslies acknowledgment and promise of better behaviour, With a Reference to the Commission for publick affairs if he keep not his promise. _Sess._ 31.

126.—Committee for considering the Petition of the great Session of Edinburgh for Ministers, and to report. _Ib._

127.—Continuation of the examination of the Directory of Government, and the CXI Propositions untill the next Assembly. _Sess._ 32.

128.—Recom. to Universities to bring to the next Assembly the grounds and evidences of their Commissions to Assemblies. _Ib._

129.—Commission for Visitation of Glasgow. _Ib._

130.—Commission for Visitation of Aberdeen. _Ib._

131.—Commission for Visitation of Edinburgh. _Ib._

132.—Letter to the Officers of the Army now in England in Answer to their Letter and Petition to the Assembly for Ministers. _Ib._

133.—Act reponing Mr William Dowglas. _Ib._

134.—Act reponing Mr John Logie. _Ib._

135.—Recom. certain persons for charity. _Ib._

136.—Act for delaying the Communion. _Ib._

137.—Recom. for repairing of Kirks, and founding of Schools in the Presbyterie of Sky. _Sess._ 33.

138.—Continuation of Mr Andrew Ramsay untill the morne. _Ib._

139.—Suspension of Mr Andrew Ramsay, untill the next Generall Assembly. _Sess._ 34.

140.—Ref. Mr William Colvill to a conference, and they to report. _Ib._

141.—Citation of Mr William Colvill _apud acta_ to answer for not reading the Causes of the late Fast. _Ib._

142.—Ref. Doctor John Baron to a conference. _Ib._

143.—Recom. Mr George Clerk to the Presbyteries within Fife, Angus, and Merns, and Aberdeen. _Sess._ 35.

144.—Commission for Visitation of the Universitie of St Andrews. _Ib._

145.—Act for visiting Hospitals and Mortifications. _Ib._

146.—Recom. to the Provinciall of Argyle to visit the Presbyterie of Sky. _Ib._

147.—Advise to the Presbyterie to depose Mr William Edmiston with a Recommendation to the Justice to proceed against him for Adultery. _Ib._

148.—Recom. to the Presbyterie of Sky to censure Profanation of the Sabbath. _Ib._

149.—Approbation of the report for planting of the Kirks of Edinburgh. _Sess._ 36.

150.—Committee for naming a List of six Ministers for Edinburgh. _Ib._

151.—Vote concerning Mr William Colvills answering presently for not reading the Causes of the Fast. _Ib._

152.—Continuation of Mr William Colvill untill the morn. _Ib._

153.—Continuation of Doctor Baron untill the morn. _Ib._

154.—Continuation of the 20s. payed out of every Kirk for dispatches. _Ib._

155.—Suspension of Mr William Colvill. _Sess._ 37.

156.—Suspension of Doctor Baron with a Reference to the Visitation of the Universitie of St Andrews and Commission for publick affairs respectively. _Ib._

157.—Recom. of the Minister of Cameron to the Commission of Parliament for planting of Kirks. _Sess._ 38.

158.—Recommendation to Master James Hamiltoun and Master James Guthrie to draw in Articles the duties of Elders, and a forme of Visitation of Families, and to prepare a report to the next Assembly. _Ib._

159.—Recom. to Mr David Calderwood to draw a drought of a forme of visitations of particular Congregations, and to prepare a report to the next Assembly. _Ib._

160.—Recom. to Mr John Smith and the Clerk, to draw out all the Acts of Parliament and Assembly, for Kirk Discipline and Penalties for scandalous Sins, and to report to the next Assembly. _Ib._

161.—List of six Ministers to Edinburgh. _Ib._

162.—Ref. to the Commission for publick affairs to plant four Ministers out of the said List in the Kirks of Edinburgh. _Ib._

163.—Declaration of the unsatisfactorinesse of the Observations of the Committee of Estates upon the Assemblies Declaration, with a Reference to the Commission for publick affairs, to put forth an Answer thereto. _Sess._ 39.

164.—Appointment of the first dyet of Citations in the matter of transportations not to be before the last Wednesday of October. _Ib._

165.—The Assemblies Answer to a Quære from the Presbyterie of Elgin, concerning the transporting from the Hie-lands a Minister to the Low-lands. _Sess._ 40.

166.—Letter to their Brethren in Ireland. _Ib._

167.—Letter to the Lord Chancellour. _Ib._

168.—Indiction of a Fast on the second Sabbath of September, with the causes thereof. _Ib._

169.—Recom. concerning Mr Hew Henderson. _Ib._

170.—Recom. for the people in Libberton to repair to the Kirk of Quodquen. _Ib._

171.—Recom. to the Parliament for dissolution the benefice of Kinkell. _Ib._

172.—Act for proceeding against Captain Maxwell and John Sumervail and Coronet Weir. _Ib._

173.—Recom. for planting in Innerness another Minister that hath the Irish tongue. _Ib._

174.—Recom. for planting a Kirk in Gladsmure and that some Brethren speak to the E. Hadington that by his pretence to the Patronage he do not obstruct so good a work. _Ib._

175.—Remit. Mr John Law to the Provinciall of Glasgow. _Ib._

176.—Ref. concerning Mr Iames Aitkin to the visitation of Rosse and Caithnes, &c. _Ib._

177.—Ref. Mr Donald Rosse Minister at Lochbroom to the said visitation. _Ib._

178.—Ref. Mr Iohn Duncan to the said Visitation. _Ib._

179.—Recom. to the Presbyterie of Dingwall concerning Mr Murdo Mackenzie late Minister at Suddie. _Ib._

180.—Act declaring Mr Murdo Mackenzie late Minister at Dingwall, uncapable for ever of the Ministery, with a Recommendation to the Presbyterie to proceed against him with Excommunication. _Ib._

181.—Deposition Mr William Cowper Schoolmaster at Chanrie from that charge. _Ib._

182.—Continuation of the matter concerning Mr John Rosse at Lunfaman, to the next Assembly. _Sess. Ult._

183.—Act Ordaining the Presbyterie of Elgin to proceed against Master Thomas Gilzeam and John Gordon. _Ib._

184.—Ref. Master Francis Omey to the Provinciall of Perth. _Ib._

185.—Refusall of Master George Hannaes desire, and his censure for his miscarriage. _Ib._

186.—Recom. in favours of his wife and children.

187.—Recom. concerning the Kirk of Mordington, to the visitation of Dunce and Chirnside. _Ib._

188.—Recom. to the Provinces of Aberdeen, Angus and Murray to supply the vaiking Kirks in Badinoch, Lochaber, &c. respectively in their own bounds. _Ib._

189.—Ref. of Sir Lachlean Mackean to the Commission for publick affairs. _Ib._

190.—Ordinance for the Presbyterie of Sky to proceed with Excommunication against Mr Lachlane Fraser. _Ib._

191.—Ref. Concerning the particulars given in by Master James Moreson against the Presbyterie of Kirwall to the visitation of Rosse and Caithnes. _Ib._

192.—Renovation of the Commission of the preceding Assembly in Sess. 26, concerning Witchcraft. _Ib._

193.—Recommendation Master Alexander Mackean to Presbyteries and Universities for a Bursar, and particularly to the Presbyterie of Edinburgh. _Ib._

194.—Act concerning the tryall of Master William Home and citing of Witnesses. _Ib._

195.—Commission to Mr John Pringill and Mr John Strachen to examine Witnesses in that matter. _Ib._

196.—Recom. to the Commissioners of the Presbyterie of Glasgow for sending to the Clerk an exact report of the condition of their Kirks, with their provisions, the extent of Paroches, and number of Parochiners. _Ib._

197.—Act for intimating the Visitation of Dunce and Chirnside. _Ib._

198.—Recommendation Master William Dowglas to the Committee of Estates. _Ib._

FINIS.

=Miscellaneous Historical Documents,=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND—1648.

_Excerpts from Principal Baillie’s Letters._

_To Mr William Spang. [Glasgow,] March 27, 1648._

REVEREND AND DEAR COUSIN,—He is wiser than a man who can inform
what course our affairs here will take. This is the seventh week
that I have been forced to attend in Edinburgh; and yet we see
small appearance of any good conclusion; but as they are I make you
this account of them. After the King found himself disappointed of
all the fair hopes made to him by Cromwell and his party, whether
on their repentance, or their fear from Lilburn, Rainsborough,
and their levelling friends, our commissioners made more serious
applications, and were more acceptable than before. At the Isle of
Wight, his Majesty did live with them very lovingly, and upon great
hopes on all hands. Traquair, Sir John Cheesly, Callendar, and all
that came home before them, gave it out confidently in the general,
that the King had given to our commissioners full satisfaction. This
caused great joy, and a readiness in all to rise in arms quickly
for his deliverance. But when I found all bound up by oath, not to
reveal any of the particular concessions till the commissioners
returned, I feared the satisfaction should not be found so agreeable
as was spoken. The too strict secrecy bred prejudices in the minds
of the wisest. And when we heard the report from the Chancellor
and Lauderdale at their return, our suspicions were turned into
grief: for we found the concessions no ways satisfactory, and the
engagements of some to the King upon them so great, as did much
blemish their reputation with many of their intimate friends. Our
debates for more than a fortnight were to come to the bottom of
these offers, and to find a way how we might be free of them. We
were malecontent with our commissioners: their scurvy usage by the
parliament of England, their compassion of the King’s condition,
Lanerk’s power with Lauderdale, and both their workings on the
Chancellor, made them to accept of less, and promise more to the
King, than we would stand to. They were content we should declare
our dissatisfaction with the King’s offers as we thought fit, both
by the church and the state, on condition we would consent to a levy
against the faction of sectaries. To this we were not unwilling,
providing we might be satisfied in the state of the question, and
might be assured, that the army should be put in such hands as we
might confide in. Both these were promised to us in private; but
when we found no performance, the business is retarded to this day.
Betwixt the Chancellor, Duke Argyle, Treasurer, Lauderdale, Lanerk,
Balmerino, Wariston, Mr Robert Douglas, Mr George Gillespie, Mr David
Calderwood, Mr Robert Blair, Mr David Dickson, Mr Samuel Rutherford,
many meetings have been had, night and day, private and publick; but
as yet our discords increase, and are ready to break out in a fearful
rupture both of church and state. Our meetings were long in private
for a state of a question. We required peremptorily to stand to our
former principles and covenant; “to have religion settled first; and
the King not restored till he had given security, by his oath, to
consent to an act of parliament for injoining the covenant in all
his dominions, and settling religion according to the covenant.”
We stuck many days on that negative expression, “The King not to
be restored till he had sworn the covenant.” This much had both
our parliament and assembly pressed upon him at Newcastle; yet at
last we were content of affirmative expressions: “Religion and the
covenant to be settled, and thereupon the King to be restored.” The
next difficulty in the question was about the malignants. We were
peremptory to have none of them in our army who should not take the
covenant, and to have all of them declared enemies who should rise
in arms by themselves for any end contrary to our cause. Here we
had great struggling. In the writ which we called an agreement and
engagement, the King’s offers therein, too great favour was shown
to malignants. We resolved to beware of them so much the more. The
greatest stop of all was upon the oath. We resolved to have these
things put in a formal oath, to be taken solemnly by all the members
of parliament and officers of our army. They declined an oath by all
means. While we are like to come to no agreement about these things,
the pulpits sounded loud against the dangers of malignants, but more
softly against sectaries. We prepare also a declaration of dangers
and duties, wherein we press to the full our dissatisfaction with the
King’s concessions in matters of religion. This gave great offence
to our commissioners. We had put them to it to give us in writ the
report what passed between them and the King concerning religion;
for his Majesty in his letter to us had said, he had offered to
them what he was confident would give us satisfaction, which they
are necessitated to give us in writ these private concessions, and
be content to have them, and our reasons against them, published to
the world. They were not a little offended; but there was no remedy.
To our sense, they had passed the bounds of their duty, though both
the committee of estates, and parliament itself, had, in a fair
general, without examination, approved all they had done. We thought
it destructive to our cause and covenant, and ourselves absolutely
impeded from all motion for the King till these grounds of motion
were publickly disclaimed. It increased our offence, that so many
noblemen did vex us with debates and votes openly in face of the
commission, after we had changed in private, for the satisfaction
of the Chancellor and Lauderdale, many passages of our writ; also
that they had laboured to their power to make a party among the
ministers to oppose us, Mr Andrew Ramsay, Mr Andrew Fairfoul, Mr
Robert Laurie, Mr Andrew Afflect, and divers others; but especially
Mr William Colvil, who had in private objected against one passage,
inferring the necessity upon conscience to restore the King presently
to the exercise of his full regal power in all his dominions,
notwithstanding of all he had done, without any condition, either
of covenant, religion, or propositions; that we were obliged to do
this duty unto him, and never more to oppose till we found him abuse
this power; and then we might resist, albeit no more but the abuse of
this power. I did think it enough in our subcommittee to bring him
to acknowledge so shameful a tenet, all of us thinking he would not
have the boldness any more in publick to speak to such a purpose;
yet in the face of the commission, in a very jeering insolent way,
being a little provoked by the indiscreet challenge of Mr Rutherford;
he offered to reason for such a conclusion. We had not failed to
have called him to an account for his malapertness, had not the
intervention of other greater affairs diverted us.

By this time the parliament was set. Never so many noblemen present
in any of our parliaments; near fifty Earls and Lords. Among them
were found but eight or nine for our way; Argyle, Eglinton, Cassils,
Lothian, Arburthnot, Torphichen, Ross, Balmerino, Cupar, Burleigh,
and sometimes the Chancellor and Balcarras. All the rest, with more
than the half of the Barons, and almost the half of the Burgesses,
especially the greater towns, Edinburgh, Perth, Dundee, Aberdeen, St
Andrew’s, Linlithgow, ran in a string after Duke Hamilton’s vote.
That party, besides the advantage of the number of two at least to
one, had likewise the most of the ablest speakers. For us none did
speak but Argyle and Wariston, and sometimes Cassils and Balmerino;
but they had the Duke, the Treasurer, Lanerk, Lauderdale, Traquair,
Glencairn, Cochran, Lee, all able spokesmen; yet the other party had
the advantage of reputation, having from the beginning been constant
in our cause: also all the assistance the church could make was for
them. The first bickering was for our declaration. When, contrary
to their minds, we had passed it, they were earnest it might not be
published; but we had given orders, as ever had been our custom,
to print it, even before we had communicated it to the parliament.
They had divers purposes, either by persuasion or violence, to have
kept it in; but we let it go out on Monday, and ordained it to be
read on Sunday thereafter in all the kirks of Edinburgh, and about.
That which hastened it out was our irritation by the Treasurer’s
challenge of Argyle on the Monday morning; an unhappy accident,
that was ready to have kindled the fire amongst us all, had not God
prevented it. Argyle’s enemies had of a long time burdened him, among
many slanders, with that of cowardice and cullionry. On the Friday
afternoon in parliament, discoursing merrily with the Treasurer, he
said, “He heard of a meeting whereat the Treasurer had been the other
night.” Speaking a little of this purpose, he apprehended, that the
Treasurer had said, not only that the best men of the kingdom had
been at that meeting, but also, that himself was a better man than
he. Upon this, Argyle goes out of the House in anger, and calls for
Major Innes, who sat at both their feet, and heard their discourse,
to know if he had heard the Treasurer say, that himself was a better
man than Argyle. Innes did not avow the words; but being sent to the
Treasurer from Argyle, to try if he had spoken so, he said, He would
not account to Argyle what he said; but whatever it was, he would
make it good with his sword. Upon this, Argyle desired him to appoint
time and place; and on the Sunday, a publick fast-day, the Treasurer
sent back word, after both sermons, that on Musselburgh links, at
seven o’clock to-morrow morning, he should meet him, and bring a
nobleman for a second. Innes, albeit no great friend to Argyle,
not only offered himself to Argyle for a second, but told him, he
would resent it as a wrong if he were not admitted; so Argyle,
with no flesh but Innes, the Treasurer, and Lanerk his second, did
meet. Incontinent all were missed, and many ran to all quarters to
search for them; and, by God’s providence, before they began their
plea, some fell on them, and made them part without a stroke. The
council that night, with much ado, got them to a professed coldrife
friendship. We had resolved in the commission of the church, to have
made both before the congregation acknowledge their fault; so much
the more, as Sinclair and David Lesly, Eglinton, and Glencairn, some
days before; and some days after, Kenmuir and Cranston, had been on
the like engagements; but other matters put that out of our heads.

The publishing of our printed declaration put some of the parliament
on many hard thoughts of us; but the result of all was, the calling
of six of us to confer with six of their great committee upon a
state of a question. For them were, Lauderdale, Lanerk, Humbie,
Lee, Archibald Sydserf, and Sir Alexander Wedderburn, with the
Chancellor: For us, Mr David Calderwood, Mr D. Dickson, Mr G.
Gillespie, Craighall, Libberton, I, with the moderator Mr Robert
Douglas. They produced to us a draught of a declaration, penned with
a great deal of deliberation, by the counsel of many, but especially
by Lanerk’s pen. They had slandered us exceedingly, as opposite
to all war with the English sectaries on any terms. To clear that
mistake, I wrote, and put in divers hands, Lanerk’s among others,
the paper which herewith I send you. Their draught did endeavour
to give pretty good satisfaction to most of our doubts; yet after
a day’s advisement, we found it so unsatisfactory, that themselves
were content we should take it to our consideration to be corrected
as we found expedient. Mr Gillespie and my Lord Wariston had drawn
an oath of association, which pleased themselves well, but their
opposites, extremely ill, and their best friends but so and so, when
best corrected. In our draught we took so much of their declaration,
and our friends oath of association, as we thought made a state of a
question which should be satisfactory to all; and here, to my great
joy, were we on the very nick of a cordial agreement: but behold a
most unhappy accident, which did put us to, and yet has kept us in a
discord almost irreconcileable. There was a great desire in the chief
that were for an engagement, to seize on Berwick and Carlisle, both
for the extreme great advantage of these places, and also to begin
the war, for the encouraging of our friends abroad, and wakening
our people at home. This they counted no wrong, nor invasion of
England; their quarrel being only against the sectaries and their
adherents, for vindicating of our covenant, for the rescue of the
King, parliament, and oppressed covenanters. An indiction needed not
against this enemy. The towns of England, for our passing and safe
retreat in the prosecution of the common cause, ought to be patent.
Yet the most of us were averse from this design, and had long kept
it off. In a few days we found the parliament, two thirds for one,
otherwise affected than we wished. So soon as it was constitute,
there was an inclination to make a close committee for the greatest
affairs. Six of every state were named. So long as their power
was not determined, we were not startled; but so soon as they got
an absolute power to do what was fitting for the safety of the
kingdom, in relation to Berwick and Carlisle, incontinent all were
alarmed. Six of the trustiest members of parliament protested against
that vote. The protestation was not admitted; but the protestors
thereafter kept themselves together; and albeit the least, yet they
kept the reputation of the best part of the parliament. Privately
and publickly we gave warning, that the passing of such a vote would
break us irrecoverably; but we were believed too late. My Lord
Callendar’s party were so furiously earnest to possess Berwick,
and to begin action, that they threatened to desert Hamilton and
his friends if they delayed the vote any longer; so it passed,
notwithstanding our earnest intreaties, and our friends protestation
to the contrary. The issue was, we refused to confer any more on
the state of a question. The protestors confirmed their union. Many
of the shires sent in to supplicate against all engagement, unless
the kirk were satisfied in the state of a question. David Lesly,
Holburn, with the rest of the officers, declared their resolution,
not to move without our satisfaction. After some days contest, we
found a great change. The Chancellor that had hitherto been too far
for the engagers, offended with their unreasonable proceedings, came
almost wholly off them to us his old and best friends. The chief of
the Duke’s friends came to intreat us to accept all we could desire,
to state the question according to our mind, to be assured to have
such in our armies and committees as we liked, to give over the
surprise of Berwick, and all acting by the close committee. These
things, by the Treasurer and others, were offered to us, with many
fair and earnest expressions. As yet we are not satisfied by words,
and some of our leaders are likely never to be satisfied, and resolve
to trust to nothing that their opposites can do or say, so long as
this parliament, which they call unsound, is in being. The danger of
this rigidity is like to be fatal to the King, to the whole isle,
both churches and states. We mourn for it to God. Though it proceed
from two or three men at most, yet it seems remediless. If we be
kept from a present civil war, it is God, and not the wisdom of our
most wise and best men, which will save us. I am more and more in
the mind, that it were for the good of the world, that churchmen did
meddle with ecclesiastick affairs only; that were they ever so able
otherwise, they are unhappy statesmen; that as Erastianism is hurtful
to the church, so an Episcopal papacy is unfortunate for the state.
If no man were wiser than I am, we should not make many scruples to
settle the throne, and pull down the sectaries. Never more high and
dangerous questions in Scots hands. What the conclusion will be, a
few days will declare.