Chapter LXVIII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (65)

While we are sticking in these labyrinths, one of our number, none
of the most rigid, falls on the overture to propone the commission
of the general assembly’s desires all together immediately to the
parliament, wherein, if we got satisfaction, we were to go on as
they desired us, to state a question. The motion was approven.
This draught of eight articles, after some changes of it to the
worse, was passed, and presented, in name of the commission of the
church, by Mr Robert Blair, Mr Robert Ramsay, and I. For answer,
the eighteen of their first great committee, with the addition of
six more, twenty-four in all, the prime members of parliament, were
appointed to confer with us on these our desires. The commission, to
these seven who had met before with the subcommittee of parliament
upon their declaration, added Mr Robert Blair and Mr Andrew Cant. On
the Thursday, before noon, they went through the first five of our
desires. All the sticking was on the fifth; wherein we pressed to
have the malignants who should rise in arms by themselves declared
enemies, as well as sectaries. This was contrary to the King’s
agreement with some, and their intentions, who, without the help of
malignants, made the work impossible. At last we carried the article.
In the afternoon we had almost differed on the sixth, the King’s oath
to consent to an act of parliament for injoining the solemn league
before his restitution to the exercise of the royal power. We pressed
him not to take the covenant; but whatever his conscience was, we
conceived him bound to consent to the necessary laws of the kingdom.
Thus his good-dame Queen Mary assented to the acts of parliament
for the Reformed religion. This also did pass for the substance;
only a committee was appointed to smooth some expressions about the
King’s restitution. We had no power to recede from any word, and
so would not be at any committee for changing any expression, but
believed the commission of the kirk would not stick at words, if
the matter were well secured. On the seventh article, for managing
the war by constant hands, there was not much debate. We could here
fall on no words which might not be granted, and yet little for our
advantage; albeit this was the greatest of all our difficulties. Upon
the constitution of the army depended all our human safety, hope,
and security of whatever else was granted. It goes now so, that no
trust remains to any words or oaths; except therefore force were in
the hands of our friends, we resolved not to stir; and yet we could
not crave any such particular, but had necessity to have it done
one way or other. Some underhand did move to have the Duke General.
Callender and his friends were careful to free us of this fear; for
generally all but the Duke’s own followers doubted much the sincerity
of his intentions, either for religion or the King; albeit I confess,
whenever I heard him or his brother speak in earnest, they seemed to
me to give ample satisfaction; but as yet they have not the fortune
to be believed by many. Ochiltree’s business sticks still in the
throats of some. Upon too great probability, Callender, by his own
party, which is great, is wished General: but his inflexibility to
serve against Montrose, upon the sense of private injuries, whereby
indelible marks of disgrace were printed on the face of Scotland, and
his very ambiguous proceedings in England at Hereford and elsewhere,
make us that we dare not put our lives and religion in his hands.
David Lesly and Holburn are more beloved by us. The old General, for
all his infirmities, is acceptable; also Middleton, and the general
of the artillery, will not be refused. In private we were assured
these should be the general officers; but we will not be assured
without sight, and our main difficulties will be upon the committees
to govern the state and army in the intervals of the sessions of
parliament. If herein they permit them whom we count trusty, to have
full power, when they can carry what they will in parliament, it will
be a great wonder; yet if in this we get not satisfaction, nothing
else will satisfy. We expect little debate on the eighth article, to
have an oath for all this; but herein we were peremptory, and hope
to obtain. It was my wish, that only the parliament and officers
of the army should swear, and that the body of the land should be
put to no more oaths; but it seems this association must be no less
sworn than our two former covenants. While thus far we had proceeded
on Thursday, I thought we were as good as agreed; so I resolved to
go home to-morrow; for the opening of our provincial synod lay on
me as the last moderator; also a new very dangerous infection was
broken up in Glasgow, and come to my very gates. Upon these reasons,
after eight weeks stay, I got leave from the commission to return;
albeit very hardly, for our business was not fully closed, and I had
immediate access and trust with sundry of the most leading men, with
whom I was esteemed to do no evil service; while others, by their
way, did irritate more; also we had resolved to have reason of Mr W.
Colvil and his followers for their great and dangerous insolency, not
so much in their open contempt, neglecting to read our declaration,
as in their sermons and private negotiations, both with noblemen and
ministers, to frame a faction for dividing of our church, wherein
the peremptory rigidity of some, the too great simplicity of others,
and the evil talents of more, gave them the occasion to make too
great progress; but having staid till I declared my sense abundantly
against these men, and helped to bring them low, and put them in a
way either to recant or to be censured, I came away on the Friday
morning, and to my own house at night. The college was almost totally
dissolved for fear of the plague. We are waiting on the Lord’s
pleasure, what he will do with Glasgow, whether yet it may be spared
from the plague, whereof I am not desperate; and what shall be the
next act of the long tragedy among us.

* * * * *

_June 26, 1648._—REVEREND AND DEAR COUSIN,—Since my last, March
28th, I have heard nothing from you, nor long before. Our affairs
since have had a great progress, but not an inch to the better. All
appearance of any possibility to agree, daily does more and more
evanish. A spirit of bitterness, jealousy, and mutual contempt,
grows on all hands, and the stronger party is begun to persecute the
weaker, and that evil is like much to increase quickly. The course of
affairs may draw both beside any intention to do the worst of that
which has been objected to either as their design. The sectaries and
malignants may shortly divide the whole isle, to the great danger and
hurt of the King and the honest Presbyterians in both kingdoms. Our
storm is yet but waxing; we can make but small judgement of its end.

When I closed my last to you, as then I wrote, there was some good
hope of concord, a pretty good answer was expected to our eight
desires; but some unhappy men made all these hopes to flee away. The
committee of twenty-four framed their answer, and got it passed in an
act of parliament before it came to the commission of the kirk. They
to whom the consideration of it was committed, looked so narrowly
into every word of it, that they found snares in every other line,
and not one of our eight desires satisfied. This much the commission
represented in a new paper, added a new desire, to declare against
the negative voice of the King, which the commissioners papers in
England had so much pressed. This draught of Mr James Guthrie’s, in
the absence of Mr G. Gillespie, was as ill taken when it came to the
parliament as any other, and so was as good as laid aside, till in
the large declaration they gave it an answer. In the mean time they
put out the act of posture for setting all the kingdom in a defence
against invasion; but in a few days came out the act of levy, which,
incontinent, alarmed all. The first narrative was ill taken, a danger
from the malignants that had taken Berwick and Carlisle. The world
knew there was no danger to us from them, for they had been with
us in Edinburgh, and their enterprise upon Berwick and Carlisle
was generally believed not to have been undertaken without some of
our privities. The act therefore, before publishing, was helped,
grounding our levy on the danger from the army of sectaries, which
these surprises would draw down on our borders; and in this there is
like to be no false prophecy.

Here it was where our differences began first to be irreconcileable.
We stood on the managers of the war as much as any one thing. The
committees of shires, and crowners for the posture, were indifferent;
but when it came to the levy, generally all the crowners of horse and
foot were chosen as Duke Hamilton, and Callender liked. Our friends
here got very little of their will; but the copestone was put upon
our despair, when we found Hamilton and Callender, how much contrare
soever one to another, yet at last, after their had been much
speech and dealing of either to join with Argyle, and that, through
whose fault I know not, had miscarried at last: I say, Hamilton
and Callender did join too friendly to our prejudice, and that on
these terms, beside others, that the Duke should be General, and the
Earl his Lieutenant. Both of them to that time had been opposite to
the employment of either; and so long as they had any hope of our
compliance, both professed a great deal of willingness to continue
the old general officers, without any change, and each offered to mar
the employment of the other; but when they could not draw our friends
to engage in any terms liking them, then peremptorily they struck
hands, and went on without much more notice of us.

With threats and promises they moved old Lesly to lay down his
place. For a long time we had hopes the army, which we had kept
from dissolving, should have been firm to us; but Middleton spoiled
that our hope. All the officers had joined in a supplication to the
parliament backing the desires of the kirk. Had this been stood
to, the designs of others had soon been broken; but Middleton, who
long had shifted subscription, at last was willing to join, with
an addition of a short postscript, of the subscribers willingness
notwithstanding to obey all the parliament’s directions. This
commentary did so enervate the text, that our friends persuaded the
officers to lay aside their petition, as that which was profitable
for nothing, being clearly emasculate by the postscript. From that
day we lost the army. David Lesly, by much dealing of many, was made
willing to keep his place; yet afterward he repented, and gave it
over; and so did Holburn, and divers more of the most gallant of
their officers, when they saw the church’s advice totally neglected.

These things did grieve much the spirits of many, and I believe few
more deeply than my own, so that my health by grief for many days
was impaired; yet by the importunity of many, I was (before fully
recovered) drawn back again to Edinburgh. Then I found that matters
totally were desperate. Lauderdale with grief, the Treasurer, with
many tears, told me how sore against their hearts they went the way
they were in, casting the blame on others, who yet assured me, for
their parts, that they found never any truth in the fair general
offers was made them, when it came to any particular. However, then
the dice was cast, every side were engaged to go on in their own way.

The declaration, long and well studied, and penned most by Lanerk, in
very plausible terms, was offered to us. We appointed a committee for
it. It was my advice to be short in observing, and to pitch but on
the main exceptions. On sundry we agreed, and what sum offered I got
out of their own conceptions; yet being obliged to take physic, I was
forced to keep my chamber ten days. In this interval Mr Gillespie,
without much contradiction, got in his representation whatever either
himself or W. or C. had collected, which made it tediously long,
and in sundry things needlessly quarrelsome, and to come so late,
that the parliament, after ten days waiting for it, at Lauderdale’s
canker’d motion, commanded their declaration to go out without any
more notice of what we had to say against it.

At this time a messenger went to the parliament of England with five
demands, craving an answer peremptorily in fifteen days. That which
they feared most was to engage in any treaty. This we ever pressed,
but they thought it needless, since they quarrelled not with the
parliament, but with the army and their adherents, with whom they
were not obliged to treat, and lose the season of the English motions
at home. The rumour of our war made a great stir in many parts both
of England and Ireland, and put the parliament to alter much of their
former way, to grant London their militia, the tour the guard of
the parliament as before, the freedom of their imprisoned aldermen,
the recalling of the eleven members to their places, the restoring
the impeached Lords, the making Warwick admiral of the navy: the
army also was forced to divide; Cromwell to Wales, where yet he is;
Fairfax to the north; but in his march he was recalled to suppress
the Kentishmen. The most of the shires were on their feet. Had not
our unhappy discords marred our expedition; had we with a small army,
with any unanimity, but appeared on the border in time, appearingly,
without stroke, we might have got for the King, for our friends, for
ourselves, what we pleased; but our fatal discords were as well known
at London as at Edinburgh, so leisure is taken by Fairfax to quiet
Kent and Essex, and by Cromwell to hold down Wales, and by others
to keep in Cornwall. Lambert in Yorkshire had time to keep back
Langdale from York and Lancashire, and great pains are taken to join
the Presbyterians and the Independents against all the risers in the
shires, and our army, as against malignants. If this conjunction go
on, the King and our nation are in a hard taking.

In the meantime the parliament and commission proceed in their
paper-differences. Their declaration and our representation are both
printed. They go on to act, we to preach against the lawfulness of
the engagement as it was stated. The rendezvouses are appointed
for the shires against the 21st of May. Many presbyteries, synods,
burghs, shires, gave in supplications the 1st of June, to delay the
levy till the church got satisfaction. Our poor town still singular
in that unhappiness, is made the first example of suffering. All of
us the town-ministers went up to supplicate the Duke in Hamilton,
in the name of the presbytery, to delay the lifting of our people
till our supplications were answered by the parliament. I spoke
oft, and at length, to his Grace and Excellency, as moderator of the
presbytery. We got courteous and civil words enough; but deeds very
bitter. Incontinent all our magistrates and town-council, that same
night, were summoned to answer to the parliament, for not keeping
with their men the rendezvous; a fault common to them with all their
neighbour towns and shires, yea with the whole kingdom well near; yet
they were all cast in the tolbooth, and kept there divers days; and
because they professed scruple of conscience to further the levy,
they were all deprived of their places, and a commission sent to the
old council that before was removed, to elect new magistrates.

* * * * *

But this not all our misery. Before this change, some regiments of
horse and foot were sent to our town, with orders to quarter on no
other but the magistrates, council, session, and their lovers. These
orders were exerced with rigor. On the most religious people of our
own town, huge burdens did fall. On some 10, on some 20, on others 30
soldiers, and more, did quarter; who, beside meat and drink, wine,
and good cheer, and whatever they called for, did exact cruelly their
daily pay, and much more. In ten days they cost a few honest, but
mean people, 40,000 lb. besides plundering of these whom necessity
forced to flee from their houses. Our loss and danger was not so
great by James Graham.

No relief got we, but a greater mischief. Many yeomen in Clydesdale,
upon fear to be levied by force, had fled from their houses to
Loudon-hill, and there had met in a body of some hundred horse and
foot. Sundry of the soldiers who had left the army, joined with them.
Much speech began of a resistance in the west. Too many ministers,
both east and west, were said to be for it, if there should appear
a likelihood of a party. For myself, I was clear against all such
thing: I thought we had neither a just cause nor a good authority
for any such matter, and the farthest we might go was no more than
suffering. While we are on these debates, Callender and Middleton
come west on the Saturday the 10th June. About a fortnight before
Argyle had met with Eglinton and Cassils at Irvine. This meeting gave
a show to the talk of a resistance in the west. Fife also seemed to
look that way: but it appears now well, that the named noblemen,
whatever they met for, did conclude of no such thing; for Argyle went
presently home to Inverary, and Eglinton declared himself willing
to let his men be levied. However Callender made haste to make the
west secure. The Clydesdale men came, on the Saturday, to Mauchline
to communicate. That night Callender lay at Paisley. On Monday he
made a rendezvous at Stewarton, of 16,000 good horse, and above 2,000
foot, at ten o’clock. From thence he marched to Mauchline, sending
Middleton before him with 300 horse.

The noblemen and gentlemen of the shire of Ayr had sat late on the
Saturday at a committee in Riccartoun: finding that Fife had yielded,
that Argyle was far off and quiet, and Callender with an army in
their bosom, they resolved to lay aside all thoughts of resistance,
and of this advertised the people at Mauchline. They notwithstanding
would not dissolve, but after the sermon in the morning of Monday,
some 1200 horse and 800 foot with eight ministers go out to Mauchline
muir; gentlemen or officers very few were among them. While they
are about to chuse some, Middleton appears. They expected no enemy
in haste, so they are amazed at the sight. The ministers went to
Middleton, and capitulated for the safety of all, except the soldiers
who had left their colours, whereof were 100 or 200. This written
capitulation the ministers did carry to the people, and persuaded
to their power their disbanding. The most of the men of Kyle and
Cunningham were content to go, but the soldiers and Clydesdale men
would needs fight. While they are more than an hour in this confused
uncertainty, and sundry crying to fight, Middleton makes a few of
his horse to charge; but the people presently fled. His soldiers
abstained from killing, only a taking horse, arms, and purses.
A troop of the people fleeing to a bridge, and missing the way,
were forced to stand. They turned on the soldiers, and fought very
stoutly. Here was the most of the slaughter; near forty fell: some
say as many of the troopers as of the people. Middleton himself was
sore put to it by a smith. He got some wounds; and confesses, had he
not stabbed the smith, though not deadly, while he was bringing on
him too great a stroke, he had undoubtedly killed him. Many of the
people were wounded. By the time Callender and the army came up, the
people were dispersed. They speak as if the Clydesdale horse were
gone to Galloway, with a mind yet to fight; but I believe it not.
There is indeed in our people a great animosity put in them, both by
our preaching and discourse; also by the extreme great oppression of
the soldiers; so that it fears me, if Lambert be come to Carlisle
with fresh men, and have put Langdale in to the town, as they say,
so soon as our army shall be entangled with the English, many of
our people rise on their backs. To prevent this, they have passed a
severe, and, as I think, an unjust and tyrannous act of parliament,
to put all the subjects of the kingdom to subscribe their readiness
with life and estate, to further the execution of the acts of this
parliament, meaning, above all, the act of the levy, which the
church has so much contradicted as unlawful; also to declare, that
the execution of the acts of this parliament, are the most necessary
and fittest means to remeid our troubles, and preserve religion;
and that all who shall not subscribe this much, without delay, are
justly to be holden enemies to the common cause, religion, and
country. We think the best part of the land will never subscribe
this, and so that all of us who refuse shall be at their mercy. If
I be put to this subscription, as possibly I may shortly, I think I
may once more come to you, and that to remain longer. A service to
any of our regiments, or any company of English merchants, will be
very welcome to me; which you will be thinking of; for however yet
they let ministers alone, and I have as much favour as any other,
yet I think our troubles may so increase, that I may be glad to be
out of Scotland. It seems many of our people may incline to venture
their lives, either alone or with the English army, if it come near,
against them who now are employed. I am not for any such matter. For
fear of sectaries, we have not joined with malignants. If we should
join with sectaries, it would be to me abominable. We who resolve
neither to join with malignants nor sectaries, may fall into great
inconveniencies; but the Lord’s will be done.

Our approaching general assembly is like to be a dangerous one. The
moderator’s task will be hard. I am in doubt if I shall be at his
election. The last time I was near it. I am feared more for it now.
I incline by absence to eschew it. You have here the posture of our
affairs as now they stand. I think they shall be much worse before
they amend.

* * * * *

_August 23, 1648._—How things go here since my last, I give you this
account. So soon as the motion in the west was crushed, which now I
find had proven a very high and dangerous commotion, had Callendar
delayed but two or three days to see it, the Duke with diligence
did draw his forces together to the border, both to ease the poor
country of their free quarter and grievous oppression, as also to
put Lambert from hazarding the regaining of Berwick and Carlisle.
The leaguer lay long about Penrith and Appleby before the Irish
troops, and foot regiments from the north came to him. At last
they became a very considerable force; the greatest that went from
Scotland since the beginning of these troubles, though far from
the number, as I conceive, of 22,000 foot and 8,000 horse, which
common report made them. Never an army was so great a charge to the
country; the foot-soldier for his levy-money, cloaths, and arms,
costing generally 100 lb. the horsemen 300 merks, and their free
quarter being an unlimited plundering of many very good and pious
people. Our state has now found, which scarcely could have been
believed, that, contrary to the utmost endeavours of the church, and
all their friends, they can raise and maintain an army, and do what
they will at home and abroad. The wisdom of some of us has made that
practick to pass, and the mystery of our weakness to be divulged
much sooner than needed. Always what the end will be, a little
time will try. They are now in Lancashire. Lambert has no force
to look upon them. The trained bands of the shires join not with
him. Cromwell, with the few he could bring with him from Pembroke
castle, having marched mid-way, is forced to return to Wales, where
the Lord Biron did raise a party so soon as he had left it. Fairfax
is yet at Colchester. It seems the Houses, city, and committee of
the shires, have of purpose withdrawn assistance, that Fairfax at
Colchester, and Cromwell at Pembroke, should lie till their forces
melt away, and become contemptible. If London permit the Prince to
lie still in the Downs, and be master of their trade, it cannot but
breed great altercations quickly. That the cursed army of sectaries
should evanish in smoke, and their friends in the Houses, city, and
country, be brought to their well-deserved ruin; that the King and
his family should be at last in some nearness to be restored to
their dignity and former condition, I am very glad: but my fear is
great, that his restitution shall come by these hands, and be so ill
prepared, that the glorious reformation we have suffered so much
for, shall be much endangered, and the most that shall be obtained
be but an Erastian weak Presbytery, with a toleration of Popery and
Episcopacy at court, and of divers sects elsewhere. We, who might
have been the chief instruments to have stopped this evil, are for
the time so far at odds with our state, army, and King, that the
despite which all three have at us is like to further much that evil
in England, and draw it ere long on Scotland also; but the Lord can
easily disappoint our fears. Our state, on pretence to attend the
Prince, whom, by my Lord Lauderdale, according to the agreement at
the Isle of Wight, they are inviting hither, but really to keep down
insurrections of people in the west, are levying 1500 horse more.
They suspect deadly, that the dissenters in parliament, with the help
of the church, may raise the country, if their army were once deeply
engaged or worsted in England. Of this I know no ground; but men who
are conscious of occasioning much grief to many, fall in needless
fear, and by the means of preventing, draw on their deservings. Our
condition for the time is sad: The pestilence in Glasgow, Aberdeen,
and Edinburgh also; the continuance of very intemperate rain upon
the corns; the irreconcileable differences of church and state,
looking towards a very great persecution of them who have been the
best instruments both of church and state, are great signs of the
wrath of God; especially the hearts of the body of the people being
evidently hardened, and the minds likewise of the ministry diverted
from pressing that humiliation and mourning which the times call for
above all things else.

But, leaving the state, our general assembly sat down on Wednesday,
July 12th. On the Saturday before, I had been tormented with a pain
in my tooth, more vehemently than ever with any other pain. This put
me from preaching on Sunday, and riding on the Monday. Thus far I was
glad that I had a true excuse for my not appearing the first day in
the assembly, whence I had resolved, however, to have been absent.
Mr Robert Douglas and Mr Robert Blair preached at the fast. The
assembly sat till near eight at night chusing their moderator. Every
man’s addition of three to the moderator’s list, albeit an equitable
and satisfactory way, yet it proves very longsome. Mr Robert Douglas
named for his two, Mr Andrew Cant and Mr George Gillespie; the
assembly added Mr David Dickson, Mr Robert Blair, and Mr John Smith.
Many named me; but I was well away. Mr Blair was doubtless the
meetest man; but because lately he had moderated, he got few votes.
Mr Andrew Cant got two; Mr David Dickson none. It went betwixt Mr
George Gillespie and Mr Jo. Smith. Mr George did much deprecate the
burden; as he had great reason, both for his health’s sake, and other
great reasons: yet he carried it.

The session on Thursday was spent on the nomination of the
committees. In all prior assemblies, some few of us met the night
before the assembly in Wariston’s chamber, with Argyle, the
Chancellor, and some others of our chief and wisest friends, to
consider about chusing the moderator, committees, and chief points
of the assembly. This preparation was now necessarily omitted to our
hurt. Argyle and the Chancellor were both absent in their own houses,
to eschew the subscription of the bond of maintenance. Wariston did
not appear, not only for that cause, but also lest he should have
been pressed to have pleaded against the ministers; for the eight
ministers present at Mauchline muir were summoned to answer as
raisers of the tumult. Mr William Guthrie, Mr Matthew Mowat, and Mr
Thomas Wylie, were dissuaded to appear. Mr Gabriel Maxwell, Mr John
Nevo, Mr William Adair, Mr Alexander Blair, appeared, and under their
hand protested, that, directly nor indirectly, they had persuaded
the people to meet there that day. When for divers weeks they had
been put off from day to day, they were at last dismissed to a new
citation. Always the good advocate being resolved in his mind, if
he had been put to it, to have pleaded for the ministers, and not
against them, was, with much ado, moved by his friends to lurk for
some time till the storm went over.

The want of these private preparatory meetings, which the moderator’s
health permitted him not to attend, did make our assembly needlessly
long, and very tedious; for besides that the moderator’s way of
inquiring at so many before every voice, was not for dispatch, his
unacquaintance with the affairs of the committees before they came
to the face of the assembly, made the reports unripe and unadvised
and so oft needful after much debate in the assembly, to be
recommitted. The committee of prime importance was that of publick
affairs. Upon this the prime men were put; but so mixed, that the far
most part were of the most rigid dispositions. When Mr Robert Ramsay,
and some others, were moved to be added to the moderator’s list of
this committee, it was peremptorily refused, upon this pretence, that
he was upon another committee. By this means, were got out of that
meeting whoever the moderator pleased, and on it whom he would.

For examination of the proceedings of the late commission, Mr
John Moncrieff, Mr John Row, and some who had not before been
commissioners, were named. Upon the fear, that they who had corrupted
the parliament, should have been alike active to have procured
commissioners to our assembly conform to their minds, it was
carefully provided, that in all presbyteries they should be chosen
who were most zealous for the covenant, and for the proceedings of
the commission of the kirk, and for the maintenance thereof: so this
assembly did consist of such whose minds carried them most against
the present engagement, which was the great and only question for the
time. The ruling elders were, Cassils, Lothian, Balmerino, Coupar,
Torphichen, Kirkcudbright, Angus, Creigh, Moncrieff, Netherpollock,
&c. Southesk and Loure were also commissioners; but Loure appeared
not, and Southesk finding himself put on a mean committee,
appeared no more. The chief contest betwixt us and the committee
of estates, was like to be about the work of this committee for
the commission-book. They sent in Glencairn to desire us to delay
to approve the proceedings thereof, till they had prepared their
considerations against them. The custom of the assembly, according
to prior acts, was to examine with the first, acts of the commission
of the preceding assembly. The exceptions the state took at their
proceedings were such as made their persons incapable to voice in the
assembly till they were cleared. Now the men were a great and chief
part of this assembly; also the matter in question, the engagement,
was of a great concernment, and had for many months been in agitation
betwixt the church and state; so that long time needed not to set
down any thing concerning it. So soon, therefore, as the report of
that committee was ready, it was thought meet, without longer delay
than a night or two, to receive and vote it. All without a contrary
vote was approven. This angered our statesmen, and made them see,
that all hope to make the assembly divert from the way of the former
commission, was desperate.

The first ten or twelve days we had but one session in the day, the
afternoon being given to the committees to prepare work for the
assembly. In our committee for publick affairs, at our first meeting,
I found more work cut out, and put in other hands, than I well liked.
I agreed we should go on as far as the commission of the church had
done against the engagement; but I wished no farther progress; yet it
was proponed, and carried, to make a new publick declaration against
it; yea, to have a declaration to England for the same effect. The
drawing of these was committed to a subcommittee of six, whereof I
was glad to be none; but I was not content, when, to Mess. David
Calderwood, Robert Ker, John Smith, were joined Mess. James Guthrie,
John Livingston, John Maclelland, Robert Blair, and David Dickson,
who were afterwards added; and I was required to be added, but
peremptorily refused; for my mind was not very forward for the writs
they were to draw.

Friday and Saturday were spent on trying the commissions. Those of
the presbyteries of Dunse and Chirnside were rejected; the one had
chosen Mr Samuel Douglas moderator, the same day that a complaint
of him had come to them from the commission of the church, for his
never appearing there but once, and that to dissent from the church’s
declaration against the engagement. The other presbytery’s commission
was rejected, because they had put in a ruling elder, who had entered
a written protestation in the presbytery against the causes of the
late fast, relating to the late engagement. The disaffection of these
two presbyteries was much spoken of; therefore it was thought fit
to appoint a visitation, consisting of the most zealous brethren
of Edinburgh, Lothian, and the Merse, to cognosce and censure
their carriage as they found cause. The like course was taken with
the presbyteries of Stirling and Dunkeld. They had not been exact
enough in trying the alledged malignancy of one of their number.
This occasioned a visitation of them likewise. Mr Harry Guthrie, a
very bold man, but in this and the late assemblies very quiet, gave
in a petition against this course; but rather than to make din in
vain, took it up again. In our committee we had, these days, some
reasonings about the commissions from boroughs: none of us were much
for the things but all for tolerating of them, for fear of offending
the boroughs at this time; only the commission of Edinburgh was
thought to be wrong; but none offered themselves for that town. The
discord betwixt their magistrates and ministers was much more than I
desired to see. Their spleen against one or two of their ministers
was great. The wilfulness of some rash men to have Sir John Smith out
of his place has cost us dear. Since they have got the magistracy of
that town, who, to their power, have carried all things there to the
mind of those whom we little affected, one of their great cares has
been, to keep their kirks rather vacant, than to plant them with any
whom they liked not. In chusing of ministers and commissioners they
took a new way. Their commissioners for the assembly they named in
their town-council; also, as patrons, they elected their ministers
there. They were content to propone the men elected, to the session
of that church where they were to serve, but to no other. Much debate
there was with them in a committee appointed for that end; but the
result was, that the commissioners elected in their council should
have the consent of their great session, which is their six sessions
joined; also the ministers whom, as patrons, they name in the
council, shall have the consent of the six sessions before they be
presented to the presbytery; and in regard of their neglect to supply
their vacant places, now of a long time, the assembly did vote six,
whom they recommended to the great session to chuse four of them, and
to obtain their orderly transportations from the commission of the
church. The men were, Mess. John Maclellan, George Hucheson, Hugh
Mackell, James Ferguson, James Naesmith, and Robert Trail. All this
has added to the town of Edinburgh’s offence, and is thought will not
further the plantation of their vacant places.

One of the assembly’s committees I have ever been against, tho’ yet
without fruit. The city of Edinburgh is supplied with the ablest men
of the kingdom; their chief service should be in assembly time. The
custom ever has been, that so long as the assembly sits, all these
men are idle, and all their kirks must be provided by members of the
assembly. This makes many weak and ill-accommodated country preachers
fill these eminent places, at most considerable times. This made
the pulpits of Edinburgh be provided for on the Sundays, and week
thereafter, worse than needed.

On Monday always we have the forenoon free, because many go out on
the Sunday to the churches about. That time I spent in a meeting with
the universities, and got them to meet twice or thrice more, where we
debated, and concluded the most part of the overtures, whereof you
have here a double.

* * * * *

The three or four next sessions were spent much of them in votes and
debates upon papers betwixt us and the states. Glencairn and others
presented to us a petition from the Duke and the army for ministers,
which they seconded. Likewise they offered all the security for
religion they were able: and for removing the present differences
they required a conference with us. To all these they required a
present answer; at least before we past on the trial, in order to the
approbation of the commission’s books, against which they professed
they had divers new exceptions. To all these we gave answers in
writ. The proceedings of the commission were unanimously approven; a
conference was appointed; eight ministers named, and some elders; the
army’s letter was referred to our committee. The state neglected the
conference, since we had approven the proceedings of the commission,
and had resolved, that no security to religion was possible so long
as the engagement did stand; only they met once for a fashion, and
gave in a paper, craving scripture from us for the unlawfulness of
the engagement, and our meddling with matters of war and peace. This
paper was referred to our committee. In an afternoon some few of us
met, and set down our scriptural grounds for both these points; but
thought fit to put them in the declaration rather than in a several
paper.

Mr R. Blair and Mr J. Smith were willing to draw the declaration,
lest it should fall in Mr James Guthrie’s brisk hand. I obtested
Mr Blair, that he would be careful of two things; one, to be full
against the sectaries; another, to beware that his draught carried
any thing which, directly or indirectly, might carry us to a
resistance of the state. I knew, that the most of the leading men
thought a resistance by arms to the ways in hand lawful enough,
if the dissenters in parliament, or any considerable part of the
kingdom, had courage and probable force to act; but it was my
greatest care, that nothing might bear any such thing; and this I
obtained to my great contentment. There were two points somewhat
akin to this that I obtained also, but with much difficulty. Sundry
at divers times moved to have it determined, if it was lawful to
pay any monthly maintenance, since avowedly it was pressed for the
use of the army, which was unlawful. I avowed the lawfulness of it,
as of a tribute agreed upon by the state before this army was in
being; and that Cæsar in conscience must have his tribute, let him
employ it to what uses he thinks fit. Also, if this were refused,
the excise, the portion of annualrents, and all other dues, which
were employed for the service of the army, behoved to be denied;
which could not but make the state to take it by force, and the
people to fight against their spoilers. At last we agreed to lay
the question aside. It was likewise much pressed, that such as had
been active for the engagement should be kept from the holy table;
and, as I did think, the design of some was to have our statesmen
put under church-censures for their diligence in this engagement.
My mind in this you have in a paper here by itself. I got it, by
much speech and private dealing, carried according to my mind. But
other things were carried over my head. It was moved, for the farther
clearing of the wickedness of the war, to make a collection from
the commissioners of all the presbyteries of the chief insolencies
committed by the soldiers before they went from among us, and to put
these in our declaration. I was willing they should be collected
to be complained of both to church and state, and censured by both
so severely as possible; but was averse to have them registrated,
for the infamy of the very nation, into our publick declaration.
In this I was not heard. Also, when it was pressed that ministers
silent, who did not preach against the engagement, should for this be
deposed, I wished, if men were modest, and otherwise offended not,
that this fault might carry no more but a rebuke; but not only it
was made deposition, but, by the motion of two or three men at most,
it was carried against my mind, and of divers others, that the prior
acts against deposed ministers for malignancy should be made more
strait: 1. That none of them should be ever admitted to any church
whence a man for malignancy was deposed; but also, that they should
be kept from preaching till a general assembly did find them fit
for a church; also, if after their deposition they meddled with any
part of the stipend or glebe, it should be excommunication to them.
It was pressed by some, that the not paying of the stipend to the
next intrant, should be excommunication to the patrons or tenants,
who, upon the act of parliament, paid it to him who was deposed for
adhering to the state. This was hardly got avoided.

It was against the minds of sundry to make a declaration to England
at all; but this behoved to be. I was feared for Mr James Guthrie
his hand, and so I found I had reason. His draught was wanting of
that which I thought was the chief thing it became us to say to them,
if so we said any thing, a sharp complaint against the sectarian
army, and the parliament’s negligence to perform their part of the
covenant, which had brought on us all our present troubles: also it
had some dangerous expressions, which I thought imported the rock
I desired to evite, calling our state, “a faction; yea, the mixed
multitude that came out of Egypt;” but the dissenters from the
engagement, “the nation, and the Israel of God.” With very much ado
I got these helped, some in the committee, and others in the face of
the assembly.

I found the bent sail of the spirits of some so much on the
engagement, that all things else were like to be neglected; therefore
I pressed, that the doctrinals, as most proper for us, which the
last general assembly had recommended to all the presbyteries,
might be taken into consideration. I got in the Catechism, but no
more. We passed this, both the Larger and the Shorter, as a part of
uniformity; but we thought the Shorter too long, and too high for
our common people and children, and so put it in Mr David Dickson’s
hands, to draw it shorter and clearer. Of this he was careful, and
presented us with a draught before the end of the assembly, which
truly was very good and exact; but yet so high and long, that it was
recommitted to Mr John Livingston, who purposed to remit it to the
ministry of Edinburgh.

We had three things more of great concernment to have passed, and
might easily have concluded them all, had not our time been worse
spent, the Directory of government, the Theorems against Erastians,
and the Psalms. The first, a very excellent and profitable piece,
the fourth part of our uniformity, was shuffled by through the
pertinacious opposition of Mr David Calderwood, and two or three with
him. Four or five things we all agreed unto, except in that writ
from our consent; but that which grieved Mr David was the matter
of church-sessions, which he maintains to have no divine right in
particular, but to be only as a committee from the presbytery, to
execute those acts of jurisdiction which the presbytery thinks fit
to commit thereto. Lest, in the end of the assembly, when many were
gone, we should come to so grave a debate, or rather, lest at a time
of our so great strife with the state, we should fall a jarring among
ourselves, it was thought best to refer the whole writ to the next
assembly. Upon the same grounds, the Theorems were also remitted.
The Psalms were often revised, and sent to presbyteries. Had it not
been for some who had more regard than needed to Mr Zachary Boyd’s
Psalter, I think they had passed through in the end of the assembly;
but these also, with almost all the references from the former
assemblies, were remitted to the next.

One session, was spent in encouraging Mr David Calderwood to perfect
his Church-history, and to consider Mr Andrew Ker for his good and
great service to them. Both got a testimony of our favour, 800 lb.
yearly for Mr David Calderwood, and 1000 lb. to Mr Andrew Ker, with a
gratuity of 5,000 merks for bygones, were appointed by the assembly
to be paid to them out of the church’s £500 Sterling pension; but we
cannot, for any request, get one penny paid by the Treasurer, and
have little hopes to get any more in haste.

* * * * *

We were troubled with the opening of the mouths of deposed ministers.
Poor Mr Patrick Hamilton, in the very nick when the assembly was to
grant all his desires, was rejected by his own unhappiness. He had
let fall out of his pocket a poem too invective against the church’s
proceedings. This, by mere accident, had come into the hands of Mr
Mungo Law, who gave it to Mr James Guthrie, who read it in the face
of the assembly, to Mr Patrick’s confusion. Also when the assembly
was to have at last, after three or four year’s refusal, shown favour
to your old colleague Mr James Row, Mr Patrick Gillespie, and his
own cousins, did so far mar him, upon tacit surmises, as, I suspect
of small importance, that it is like he shall never be permitted to
preach; yet honest John Gillon got permission to preach, and for
this I confess I was forward; for the man, though he want letters,
is very pious and well-gifted, and strong against all sectaries. The
preparative is not dangerous, for I believe few in an age will fall
to be in his case; and if many should, I would grant them the like
favour, though some misinterpret it.

The assembly spent divers sessions, for small purpose, upon
transportations. These I love daily worse. The most are evidently
packed businesses, little for the credit either for the transporters
or transported. Mr John Livingston, refused to Glasgow, and designed
for Ireland by the late assembly, though earnestly suited by my Lord
of Airds, and much stuck to by my Lord Cassils, who, for his respect,
had made a constant stipend for his church, most out of his own rent,
though his parishioners had not been cited, yet was, at my Lord
Lothian’s suit, transported to Ancrum, where the benefice was great,
and the way to Edinburgh short. D. Colvill, called by Edinburgh to
the divinity profession, so willing to come as it became a wise and
modest man, his colleagues willing to dismiss him; yet the private
respects of a very few, made him to be fixed to his station, which I
regretted. Mr George Hutcheson, orderly appointed by his presbytery
to go to Ayr, yet he liking better to go to Burntisland or Edinburgh,
than to join with Mr William Adair, and Mr William absenting himself
when the action came in, was appointed to abide in his place.

I think the misorder of transportations will not be got helped, till
some honest men peremptorily refuse to obey, which, I think, at
last, some will do; especially since the falling of so many places
is referred to the commission of the kirk, with a power almost
arbitrary, to neglect all the rules before appointed by general
assemblies for transportations. We were fashed with Patrick Lesly of
Aberdeen. His intemperate zeal for the levy had made him overhale.
Mr Andrew Cant gave in a foul libel against him. He gave in another
against the ministers. It cost a committee very much diligence to get
this matter accommodated; for it was manifest that Mr Andrew Cant
could hardly live in Aberdeen, if this man were enraged; so for the
ministers cause he was much spared, and that matter packed up as it
might be. Some men are born, if not to raise, yet continually to live
in a fire. We had some debate in our committee about conventicles.
Some of them we had heard of in Edinburgh, in the characters of
sectaries. Mr Robert Knox got them in to my great contentment; for I
found some too sparing of them; and yet I fear how far in their own
time they may extend their duty of mutual edification. The whole two
weeks following were spent on these things. The most were fashed for
the moderator’s want of dispatch, and too much sticking wilfully to
his own sense.

Mr Robert Blair in the most, Mr Robert Ramsay in all, was of my
mind. Mr Robert Douglas misliked some men’s carriage. The assembly
of divines wrote to us a general letter. To this, Mr R. Blair’s
answer was good and uncontroverted. The subscribing of the bond was
much against all our minds; but an act was drawn up against it in my
absence, which I much misliked; for it carried censure against the
pressers of it. This directly aimed at our statesmen, the contrivers
of it; but in the face of the assembly, I got it to be exponed only
_ad futura_. Some of my neighbours before the assembly were so far
in love with this subscription, that I was forced to write to them
arguments against it, as you may see herewith. Though in some parts
of the country the subscription go on, yet in the chief and most
parts it is not required of any.——