Chapter LXXVI: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (73)

“Whereas Charles Stuart King of England is, and standeth convicted, attainted, and condemned of High Treason, and other high Crimes; and Sentence upon Saturday last was pronounced against him by this Court, to be put to death by the severing of his Head from his Body; of which Sentence, Execution yet remaineth to be done: These are therefore to will and require you to see the said Sentence executed in the open Street before Whitehall, upon the morrow, being the 30th day of this instant Month of January, between the hours of 10 in the Morning, and 5 in the afternoon of the same day, with full effect. And for so doing, this shall be your sufficient Warrant. And these are to require all Officers, Soldiers, and others, the good People of this Nation of England, to be assisting unto you in this Service.

“Given under our Hands and Seals.

“_Sealed and subscribed by_

“John Bradshaw, Tho. Grey, Oliver Cromwell, Edward Whaley, Michael Livesey, John Okey, John Danvers, John Bourcher, Henry Ireton, Tho. Maleverer, John Blackiston, John Hutchinson, William Goffe, Tho. Pride, Peter Temple, Tho. Harrison, John Huson, Henry Smith, Peregrine Pelham, Simon Meyne, Tho. Horton, John Jones, John More, Hardress Waller, Gilbert Millington, George Fleetwood, John Alured, Robert Lilburn, William Say, Anthony Stapeley, Richard Deane, Robert Tichburne, Humphry Edwards, Daniel Blagrave, Owen Roe, William Purefoy, Adrian Scroope, James Temple, Augustine Garland, Edmond Ludlow, Henry Martin, Vincent Potter, William Constable, Richard Ingoldsby, William Cawley, John Barkstead, Isaac Ewers, John Dixwell, Valentine Walton, Gregory Norton, Tho. Chaloner, Tho. Wogan, John Ven, Gregory Clement, John Downs, Tho. Wayte, Tho. Scot, John Carew, Miles Corbet.

“To Col. Francis Hacker, Col. Huncks,
and Lieut. Col. Phray; and to every
of them.”

Tuesday, January 30.

This Day his Majesty was brought from St. James’s about 10 in the Morning, walking on foot through the Park, with a Regiment of Foot for his Guard, with Colours flying, Drums beating, his private Guard of Partizans, with some of his Gentlemen Before, and some behind, bare-headed; Dr Juxton, late Bishop of London, next behind him, and Col. Thomlinson (who had the charge of him) to the Gallery in Whitehall, and so into the Cabinet-Chamber, where he used to lie, where he continued at his Devotion, refusing to dine, (having before taken the Sacrament,) only about 12 at Noon he drank a Glass of Claret Wine, and eat a piece of Bread. From thence he was accompanied by Dr Juxton, Col. Thomlinson, Col. Hacker, and the Guards before-mentioned, through the Banquetting-House, adjoining to which the Scaffold was erected, between Whitehall-Gate, and the Gate leading into the Gallery from St James’s. The Scaffold was hung round with black, and the Floor covered with black, and the Ax and Block laid in the middle of the Scaffold. There were divers Companies of Foot and Horse on every side the Scaffold, and the Multitudes of People that came to be Spectators were very great. The King making a pass upon the Scaffold, look’d very earnestly on the Block, and asked Col. Hacker if there were no higher; and then spake thus, directing his Speech to the Gentlemen on the Scaffold.

_King._ I shall be very little heard of any Body here, I shall therefore speak a word unto you here. Indeed I could hold my peace very well, if I did not think that holding my Peace would make some Men think that I did submit to the Guilt, as well as to the Punishment, But I think it is my Duty to God first, and to my Country, for to clear my self both as an honest Man, a good King, and a good Christian. I shall begin first with my Innocency: In truth, I think it not very needful for me to insist long upon this, for all the World knows I never did begin the War with the two Houses of Parliament; and I call God to witness (to whom I must shortly make an account) that I never did intend to incroach upon their Privileges. They began upon me: It is the Militia they began upon; they confest that the Militia was mine, but they thought it fit to have it from me: And to be short, if any Body will look but to the Dates of the Commissions, their Commissions and mine, and likewise to the Declarations, will see clearly that they began these unhappy Troubles, not I. So that as to the guilt of these enormous Crimes that are laid against me, I hope in God, that God will clear me of it; I will not, I’m in Charity: God forbid that I should lay it upon the two Houses of Parliament; there is no necessity of either, I hope they are free of this guilt: for I believe that ill Instruments between them and me, has been the chief Cause of all this Bloodshed; so that by way of speaking, as I find my self clear of this, I hope (and pray God) that they may too: yet for all this God forbid that I should be so ill a Christian, as not to say that God’s Judgments are just upon me; many times he does pay Justice by an unjust Sentence, that is ordinary: I only say this, that an unjust Sentence (meaning Strafford) that I suffered to take effect, is punished now by an unjust Sentence upon me; that is, so far I have said to shew you that I am an innocent Man. Now for to shew you that I am a good Christian. I hope there is (pointing to Dr Juxton) a good Man that will bear me witness. That I have forgiven all the world, and even those in particular that have been the chief Causers of my death; who they are God knows, I do not desire to know, I pray God forgive them. But this is not all, my Charity must go further; I wish that they may repent: for indeed they have committed a great Sin in that particular; I pray God with St Stephen, that this be not laid to their Charge; nay not only so, but that they may take the right way to the peace of the Kingdom, for Charity commands me not only to forgive particular Men, but my Charity commands me to endeavour to the last gasp the peace of the Kingdom. So, Sirs, I do wish with all my Soul, and I do hope there is some here will carry it further, that they may endeavour the peace of the Kingdom. Now, Sirs, I must shew you both how you are out of the way, and I will put you in the way: First you are out of the way; for certainly all the way you ever have had yet, as I could find by any thing, is in the way of Conquest. Certainly this is an ill way; for Conquest, Sirs, in my opinion is never just, except there be a good just Cause, either for matter of wrong, or just Title; and then if you go beyond it, the first quarrel that you have to it, that makes it unjust at the end, that was just at first: But if it be only matter of Conquest, then it is a great Robbery. As a Pirate said to Alexander the Great, That he was the great Robber, he was but a petty Robber: and so, Sirs, I do think the way you are in, is much out of the way. Now, Sirs, for to put you in the way; believe it, you will never do right, nor God will never prosper you, until you give him his due, the King his due (that is my successors) and the People their due, I am as much for them as any of you: You must give God his due, by regulating rightly his Church (according to his Scriptures) which is now out of order: for to set you in a way particularly, now I cannot; but only this. A National Synod freely called, freely debating among themselves, must settle this, when that every opinion is freely and clearly heard. For the King indeed I will not (then turning to a Gentleman that touched the Ax, he said, Hurt not the Ax that may hurt me.) As for the King, the Laws of the Land will clearly instruct you for that; therefore because it concerns my own particular, I will only give you a touch of it. For the People: And truly I desire their Liberty and Freedom, as much as any Body whomsoever; but I must tell you, That their Liberty and Freedom consists in having of Government, those Laws by which their Life and their Goods may be most their own. It is not for having share in Government (Sirs) that is nothing pertaining to them. A Subject and a Soveraign are clean different things; and therefore until they do that, I mean, That you do put the People in that Liberty as I say, certainly they will never enjoy themselves. Sirs, it was for this that now I am come here. If I would have given way to an Arbitrary Way, for to have all Laws changed according to the Power of the Sword, I needed not to have come here; and therefore I tell you (and I pray God it be not laid to your Charge) that I am the Martyr of the People. In troth, Sirs, I shall not hold you much longer: For I will only say this to you, That in truth I could have desired some little time longer, because that I would have put this that I have said in a little more order, and a little better digested, than I have done; and therefore I hope you will excuse me. I have delivered my Conscience, I pray God that you take these Courses that are best for the good of the Kingdom and your own Salvation.

_Dr Juxton._ Will your Majesty, though it may be very well known your Majesty’s Affections to Religion; yet it may be expected that you should say somewhat for the World’s satisfaction in that particular.

_King._ I thank you very heartily, my Lord, for that I had almost forgotten it. In troth, Sirs, my Conscience in Religion I think is very well known to the World; and therefore I declare before you all, That I die a Christian according to the Profession of the Church of England, as I found it left me by my Father; and this honest Man (meaning the Bishop) I think will witness it. Then turning to the Officers, said, Sirs, excuse me for this same, I have a good Cause, and I have a gracious God: I will say no more. Then turning to Col. Hacker, he said, Take care they do not put me to pain—and Sir, this and it please you—But then a Gentleman coming near the Ax, the King said, Take heed of the Ax, pray take heed of the Ax. Then the King speaking to the Executioner said, I shall say but very short Prayers, and then thrust out my hands. Then the King called to Dr Juxton for his Nightcap; and having put it on, he said to the Executioner, Does my hair trouble you? who desired him to put it all under his Cap, which the King did accordingly by the help of the Executioner and the Bishop. Then the King turning to Dr Juxton, said, I have a good Cause, and a gracious God on my side.

_Dr Juxton._ There is but one Stage more: This Stage is turbulent and troublesom. It is a short one. But you may consider, it will soon carry you a very great way; it will carry you from Earth to Heaven, and there you shall find to your great joy the Prize; you haste to a Crown of Glory.

_King._ I go from a corruptible to an incorruptible Crown, where no disturbance can be.

_Dr Juxton._ You are exchanged from a temporal to an eternal Crown, a good exchange.

Then the King took off his Cloak and his George, giving his George to Dr Juxton, saying, _Remember_, (it is thought for the Prince) and some other small Ceremonies past. After which the King stooping down, laid his Neck upon the Block; and after a little pause, stretching forth his hands, the Executioner at one blow severed his Head from his Body. Then his Body was put in a Coffin, covered with black Velvet, and removed to his Lodging-Chamber in Whitehall. Being imbalmed and laid in a Coffin of Lead to be seen for some days, at length upon Wednesday the 17th of February, it was delivered to four of his servants, Herbert, Mildmay, Preston, and Joyner, who with some others in mourning Equipage attended the Herse that night to Windsor, and placed it in the Room which was formerly the King’s Bedchamber.

Next day it was removed into the Deans Hall, which was hung with black, and made dark, and Lights were set burning round the Herse. About three in the afternoon the Duke of Richmond, the Marquess of Hartford, the Earls of Southampton and Lindsey, and the Bishop of London, came thither, with two Votes passed that Morning, whereby the ordering of the King’s Burial was committed to the Duke, provided that the Expences thereof exceeded not £500. This Order they shewed to Col. Whichcot the Governor of the Castle, desiring the Interment might be in St George’s Chappel, and according to the form of the Common Prayer: The latter Request the Governor denied, saying, That it was improbable the Parliament would permit the use of what they had so solemnly abolished, and therein destroy their own Act.

The Lords replied,

That there was a difference betwixt destroying their own Act, and dispensing with it; and that no Power so binds its own hands, as to disable it self in some Cases. But all prevailed not.

The Committee to whom the ensuing Proclamation was referred made report hereof, and the House assented to the same: Here take it at large.

“Whereas Charles Stuart King of England, being for the notorious Treasons, Tyrannies and Murders committed by him in the late unnatural and cruel Wars, condemned to death; whereupon after execution of the same, several Pretences may be made, and Titles set on foot unto the Kingly Office, to the apparent hazard of the public Peace: For prevention whereof, Be it enacted and ordained by this present Parliament, and by Authority of the same, That no Person or Persons whatsoever do presume to proclaim, declare, publish, or any way promote Charles Stuart, Son of the said Charles, commonly called the Prince of Wales, or any other Person, to be King or Chief Magistrate of England, or of Ireland, or of any the Dominions belonging to them, or either of them, by colour of Inheritance, Succession, Election, or any other Claim whatsoever, without the free Consent of the People in Parliament first had and signified by a particular Act or Ordinance for that purpose; any Statute, Law, Usage, or Custom to the contrary hereof in anywise notwithstanding.

“And be it further enacted and ordained, and it is hereby enacted and ordained, That whosoever shall, contrary to this Act, proclaim, declare, publish, or any way promote the said Charles Stuart the Son, or any other Person, to be King, or Chief Magistrate of England, or of Ireland, or of any the Dominions belonging to them, or to either of them, without the said consent in Parliament signified as aforesaid, shall be deemed and adjudged a Traitor to the Commonwealth, and shall suffer the pains of Death, and such other Punishments as belong to Crimes of High Treason. And all Officers as well Civil as Military, and all other well-affected Persons are hereby authorised and required forthwith to apprehend all such Offenders, and to bring them in safe Custody to the next Justice of the Peace, that they may be proceeded against accordingly.”

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8. _Excerpts from Balfour’s Annales of Scotland._

9 Martij, 1649.—The parliament past a most strange acte this mounthe, abolishing the patronages of kirkes, wich pertined to laymen since euer Christianity was planted in Scotland. Francis, Earle of Balcleuche, and some others, protested aganist this acte as vrangous, and all togider derogatorey to the just rights of the nobility and gentrey of the kingdome of Scotland, and so departed the parl: housse. Bot current was carried for the presbeteries and churche way, in respecte Argyle, the Chanceler, and Arch: Johnston, the kirks minon, durst doe no wtherwayes, lest the leaders of the church should desert them, and leaue them to stand one ther auen feeitt, wich without the church non of them could weill doe.

This notable pranke in effecte resembles muche the 14 Grauamen wich Germaney did exhibit, Reg: Carol: 5, to Pope Adrian, amongest the abusses of the Roman sea, that the Pope and his Legats vsurped the right of patronage belonging to layicks, and dispensed them benefices vaccand to his fauorits and abettors, contrarey to law, right and reall possession, tyme out past all memorey and prescription; vich wold proue in tyme the ruine of the Catholick church; bot lykwayes wold sturre vpe maney enimies aganist the Roman churche, in doing so publicke ane acte of iniustice, quherin so many persones (layicks) of all degrees were intressed.

And this acte, to make it the more spetious, they colored it with the liberty of the people to choysse ther auen ministers; zet the generall assembley holdin at Edinbrughe, in the mounthes of Julij and Agust, this same zeire, made a werey sore mint to haue snatcht this shadow from the people, (notwithstanding ther former pretences,) colationed the sole pouer one the presbeteries, and oute-foolled the people of that right they formerly pretended did only and especially belonge to them, _jure diuino_; as according to the new deuinitey of thesse tymes, till the acte was past, bothe the leaders and ther creture Jhonston, pleaded with all the forcible arguments wrested Scripture could produce, to procure ther auen ends and gratnes, wiche tyme will not faill heirafter fully to discouer to a wronged posterity.

* * * * *

The parliament, one ther former sentence of forfaultrey against George, Marques of Huntley, ordained hes head to be choped off from hes bodey, at the crosse of Edinbrughe, one Thursday, the 22 of Marche, this zeire; wich wes performed. He wold not be relaxed from the sentence of excomunicatione, &c. His corpes wer carried to Settone, to be interrid ther in the comon buriall of that family, from wich himselue had issewed.

The first exchequer day that was holdin after the ryssing of the parliament, in the end of Marche this zeire, the Chanceler, Loudon, had 3 gifts past; the signators quherof wer wnder K. Charles the Firsts hand.

1. His haill lands wich wer hold in ward and releiffe (for most of them wer so) changed, and holdin blenche, for payment of a read rosse.

2. A gift, _durante vita_, of the shriffschipe of Aire, altho gifts of this same nature wer declared woyde in this same parl:

3. A gift to him and hes heires of the balzirie of Kyle. It seimes that thesse 3 signaturs now past, wer a pairt of that recompence for wiche he betrayed the King to his enimies, and the countrey to its oppressors; for indeid he played notoriously with bothe handes. And being president of that parl: 1648, wes the only man, by his longe oratione, that most wrged and moued that ingagement against England, for the Kings releiffe, wich he therafter disclaimed, and persecutted all vthers quhom himselue had persuaded to contenance and enacte thesse lawes himselue first did brak, enacte, and repealle; quhen as he had bound himselue, both by word, othe, and wreat, to the Kings Maiesty, at the Ile of Wight, being then one of the commissioners of the kingdome of Scotland. At the parl: 1648, he maid a longe oration, most bitter and invectiue, against the Englishe, calling them a periured natione, oppressors and murthers of ther King, heretiques, sectaries, enimies to monarchey, breckers of leauge and couenant. To most of the actes of this parl: he consented, especially to the leuey, and all of them he subscriued with his auen hand, (being president therof); bot about the end of the same, he begane to appeir in his auen colors, quhen as that parl: and the commissione of the kirke could not aggrie one certaine poynts, imediatly after Ducke Hamilton was enacted to be generall of the armey. Bot in this parl: Jarij: 1649, he spoke als muche aganist that wich formerly he had plotted and contriued, as was sufficient to lett understanding men know, that now he labored to put him of the way, quho only could call him to ane accompt for hes periurey and fallsse packing.

To remember how with aboundance of teares the L. Chanceler made his repentance in the East Churche of Edinbrughe, declaring so much of hes former honest dealling to the people, as he weill knew eurey one vnderstood; and this wes done to pleasse some of the leading ministers, (quho wer now leading this penitent in triumphe,) and causing him sing peccaui, to bleare the eyes of the comons; he can veill preuaricat with men quho takes him to be the L. Chanceler of Scotland, bot with God he cannot, quho knowes him to be a heighland man bothe in lyffe and maners.

To remember, how in the preceding zeire, 1648, the Marquesse of Argyle and the E. of Craufurd, vent out to Muskillbroughe Links to fight the combat The E. of Lanricke wes second to Craufurd, and L. Col. James Innes of Sandsyde, wes 2d to Argyle; all that wes one them could not make Argyle to fight, till he saw L. Colonell Haddan, the Chancelers man, come in to pertey them. Then was he something stoute, and refussed to subscriue that paper, wich he wold haue formerly done (I belieue against his will,) bot had beine forced ather to doe it or ells to cast offe his doublett and boottes, wich he wes wounderous lothe to doe, in respecte of the coldnesse of the wether. For this grate escape, Argyle became a werey humble peinitent to the committie of the kirke, acknouledging this foulishe acte of his to be a scriptuall disertione. Vpone this imergent, the ensewing generall assembly made ane acte of the 12 of Agust, 1648, aganist duells, vretters and receauers of challanges and chartells, that without respecte of persons they shall be processed with the censures of the kirke, and make ther repentence befor the pullpit, &c. tuo seuerall Lordes dayes. The first day, the minister is to shew them ther sin and the gratenes of ther offence; and the 2d day, they are to make a soleme publicke confessione therof, and professione of ther vnfained humiliatione and repentance for the same; and if they refusse to zeild obedience, them to be processed with excommunicatione.

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29 Julij, 1649. To remember how that one Mr Naysmithe, a minister at this generall assembley, argued much to haue the haill teinds to the churche, and wes opposed by the Marquesse of Argyle and Earle of Cassiles, with all the lay elders, as a propositione muche scandalizing the professione and ther often promisses, zea, (said some,) a thing not belonging to them. Bot Naysmithe, werey impudently and affrintedly affirmed, that it must be manteind that the teinds did belong to the churche, _jure diuino_. Argyle ansuered, wee must manteine the contrarey, with all our pouer, of that falls opinione of yours. Cassiles said, the more ze gett, the worsse contented you are; bot in this ze haue nather diuinity wnder the gospell for the same, nather ressone or aney poynt of humane law. Then, said Argyle, the churche hes alredey the 10 of all the rent of the land, zet it seime they are not content, nather are they the 30 pt. of the inhabitants, I may say not the 100 pairt: it is not good to awalkin sleiping doges. The moderator, Mr Rob: Douglas, said that hes brother, Mr Nasmythe, spoke mor rashlie then he was awarre offe; and he admired he was so impertinent, and therefore willed him to be quyet; bot Nasmythe replyed, he only spoke out that wich maney more of that number of hes professione thought: some lay elders, that wer barrons, sitting by him, desyred him to burey that, wtherwayes they wold make the suorde decyde that questione, and lett him and all suche couetous persons see that teindes wer not wnder the gospell _juris diuini_, bot _juris humani_. So you see how Nasmythe did sing, the shamefast caroll, in face of the assembley, in name of hes brethrein.

Julij, 1649.—In the generall assembley, haldin at Edinbrughe, in Julij this zeire, ther wer werey maney ministers depossed, for manteining the last expeditione into England to be lawfull, for reliffe of our King, quhome thesse bloodie blasphemers hes since killed, contrarey to the Soleme Leauge and Couenant with that perfidious natione; amongest quhom wer Mr Androw Ramsay and Mr William Collin, ministers of Edinbrughe, tuo learnid and worthey men; they wer much regraitted by honest men, and thesse quho treulie loued peace and treuthe. Bot the current of the tymes went so, that in respecte they wold not dance to the play of the leaders, Douglas, Dicksone, Cant, Guthrie, and Law, they wer deposed from the ministeriall office, quhen as one of them, viz. Mr Androw Ramsay, hed beine ane actuall minister aboue 53 zeires, quherof he had seruid in Edinbrughe 36 of the same.

L. Generall Mideltone went werey neir at this assembley to be excommunicat, wer not he compeired and spoke boldly for himselue, and hardly got 4 monthes to adwysse quhither he wold subscriue that declaratione emitted by the assembley anent the ingagers or not.

30 Julij, 1649.—Memorandum.—To be resolued of this doubte, viz. that since all the malignants of the kingdome did auer that James Grhames succes and prosperous fortune in so maney batells winne be him, did cleirly demonstrat Gods fauor to him, and the goodnes of hes causse, (wich by the precisse pairty) was thought the only not to know a malignant by, in that they manteined and fauored so vnchristian and Turkishe ane oppinon; as if the goodnes and lawfullnes of the causse dependit altogider one the successe.

And now, since Julij last, 1649, and the Whigamore road, the face of gouerniment being changed and put in other hands, and the kirke now asspyring to so grate a height and triumphe, all ther papers, actes almost, and declarations bothe of churche and stait, runs with that same clausse, viz. aganist all wich, not only eminent testimonies of Gods wrath haue beine giuen, in defaitting of them, &c. meining the Englishe engagement, bot especiallay the course perseued by the Earle of Lanrick, George Monro, at Sipling and Pluscardey, and ther adherents in the northe.

The blasphemers and sectaries, in England, from ther bygaine prosperous successe in all ther impious and wicked actions aganist Gods treuth, diuyne and humaine lawes, wich they haue trampled wnder footte, affirme in al ther declarations, lykwayes, to be the only causse quhay the Lord fauors them in all ther interprysses aganist the wicked (as the call all suche quho are not of ther mynd and oppinione) within the 3 kingdomes, naming themselues, and all wthers sectaries and blasphemers of ther stampe, the godlie and the saintes; quhen, indeid, all ther actions are not only illegall, bot most irreligious and impious, both contrarey to lawes of God and men; themselues being tainted with all the hainous sins and impieties quherwith aney heathin nation hath beine branded, euen Sodome itselue; if periurey couenant breaking, hipocrasie, ambition, couetousnes and all sortes of blasphemies, in the heighest degre, aganist the blessed trinitie, can be them be accompted sins.

Suche are the now sants that oppresses Gods people in thesse kingdomes, and all wnder the color and pretext of concience, and clocke of religione.

1649.

9. _Excerpts from the Chronicle of Fife, being the Diary of John Lamont of Newton._

Mar. 17.—The comissioners of this kingdome sent to Hollande to treatte with our forsaide K. majestie, viz. the E. of Cassells, &c. Barron, a burges, and two ministers, namly, Mr James Wood, m. of St Androus, and Mr Robert Baillie, minist. of Glasgowe, shipped in att Kirkekaldie in Jhone Gillespie’s shipe, and loused on Saterday the 17 of the said instant, at night; they returned to this kingdome the 11 of Jun. 1649, mutch unsatisfied.

Mar. 9.—Duke Hamilton was beheaded att London by the sectaries ther, as also the Earle of Hollande, and the Lord Capell, that same day also. The said Duke Hamilton, upon the scaffolde, confessed, 1. That his religion was according to the church of Scotland; that he ever had beine loyall to the leate king, and wished weill to his posteritie; that none more att all tymes desired the peace and happines of this and the other kingdomes than himselfe. 2. That his coming in with the late armie to England was out of no treasonable or ill intent, bot for the ends contained in the committee of Scotlands declaratione, and what he did was as a servant to the parliament and kingdome; that, in that employment, nixt to the settling of religion, the establishing of the king was his greatest aime. 3. That he wished his blood, in order to the peace of the kingdome, might be the last that soulde be spilt. 4. That he had beine severall tymes wrought upon to confesse who had invited the Scots armie to come in, bot this he hath not done att all, nether then, or any other tyme, though, if he had, its conceived it woulde probably have saved his life. His corps afterwarde werre brought downe by sea to Hamiltone, where they werre interred.

Mar.—There was ane act reade in the parliament of Englande for taking away kingly government for the tyme to come in that kingdome. As also, ane other act for dissolving the house of peers in parliament. And a 3. that all priviledge might be taken away from noblemen ther, and ther persons made as lyable to the law as any commoner of Englande.

Mar. 22.—The Marquesse of Huntlie, in the north, (being condemned by the forsaid parliament,) was beheaded at the crosse of Edenbroughe. He died blockishlie, not being relaxed of his excommunicatione; his corps afterwarde werre caried by sea to the north, to be interred ther.

Mar.—Ther was ane insurrectione in the north parts of this kingdome, so that the garisone of Endernesse was surprised, and the walls of the towne throwen downe; and upon this, David Lesley went north with some troupes of horse and foote, to suppresse them. In May 1649, following, ther was 800 men taken prisoners, amonge whom was the Lord Rea, and some other gentlemen of the name of Makkeinzey (wha werre caried to Edenbroughe), and some killed. Upon this overthrowe, the rest laid downe ther armes, so that ther lives and fortuns, were grāted to them, which was done.

This summer ther was very many Witchˢ taken and brunt in severall parts of this kingd. as in Lothian and in Fyfe, viz. in Enderkething, Aberdoure, Bruntellande, Doysert, Dumfermling.

July 4.—The Generall Assemb. of this kingdome satte att Edenbrough, where Mr Robert Douglas, minister of Edenbd. was moderator. At this Assemb. ther werre severall ministers deposed, as Mr Andro Ramsay and Mr William Colen, both ministers of Edenbrough, and divers others. Ther was ane act made declaring the way of receiving the officers that had ane hand in the engagement against England, 1648: All these that werre above louetenants werre to come before the commission of the kirke that satte att Edenbd. and to be receaved by them; and these that werre beneath loueten. werre referred to the severall presbetries wherein they lived, to give satisfaction ther. Att the closure of this forsaid act, ther was a declaration printed, that was apointed to be subscribed by them all, under the paine of excommunicatione. Ther was a large declaration printed, appointed to be read in the severall kirks of this kingdome.

Att this meiting ther werre severall noblemen of this kingdome that did supplicat to be receaved to the Covenant, as the L. Ogilbie, Quensberry, Kenmure, etc. During the sitting of this Assemb. the visitatione of the Universitie of St Androus satt, where D. Barron, Provest of the Old Colledge, his willingnesse (provyding maintynance werre granted to him,) to dimitt his place was accepted, and sufficient maintinance during his life was allowed to him by the Assembley; and Mr Ro. Nory, professor of Humanitie in St Leonards colledge, wha aymed to have the precedencie of all the regents there, was declared to be posterior to them all: Mr Thomas Gleige, also in the Old Colledge, dimitted his place. Ther was something (in the Assemb.) spoken against the meason word, which was recommended to the severall presbetries for tryall therof. This Assemb. satt from the 4 of July to the 6 of August. Moreover, many of the shyres of the kingdome werre apointed to be visited, and the severall kirke session bookes to be revised by the persons concerned.

August 16.—Mr Robert Weyms (a Sant Androus man borne), was placed minister of the Ellie, in the presbetrey of St Androus. The said day Mr Patrik Skugall, minister of Leuchars, did preach. The Laird of Ardrose (being patron of the parish, and ther present,) gott not libertie to give him the right hand of felloshipe att his admission, (as the custome is), because under censure for the leate engagement against Englande.

(From the middest of Sept. to the middest of October.)—The Visitation apointed (by the forsaide Generall Assemblie), for Angus and Mernes, satte at the places apointed. Att which meitting Mr Andro Cant, minister att Aberdeine, was moderator. The visitators apointed to severall actaul ministers texts that they might heare them, some of which had beine in the ministrie for the space of 20 or 24 yeares. During the sitting of this meitting, ther was about eghteine ministers deposed, and five suspended, (two of which number did apeale to the Gener. Assemb.) The causes of ther depositiones werre, insufficiencie for the ministrie; famishing of congregations; silence in the tyme of the leatte engagement against Englande; corruptions in life and doctrine; malignancie, drūkenes, and subscriving of a divisive band, and such like. At this tyme, Mr James Laumonth, minister in Kinnettells, was deposed; and Mr Johne Lyndsay, ane olde man, was deposed, for adultrie and fornicatione, which werre proven against him. They purposed againe to returne thither in March 1650.

Oct.—Mr James Carmichaell, minister of Kleishe, in the presbetrey of Dumfermling, was deposed by that presbetrey, for insufficiencie.

Novemb.—The commission of the kirke satt at Edenbroughe, where Mr James Guthrie, minister of Lawder, was appointed to be transported to Sterling; Mr David Forret, and Mr James Sharpe, werre sutted be the towne of Edenbroughe, bot were refused; and Mr Harie Raymoure, m. of Carnebie, being desired be the towne of Duns, was appointed to remaine att his owne charge.—All thir three werre of the presbetrey of St Androus, in Fyfe.

Novemb.—Mr George Wynram, of Libberton, in Louthian, was sent, with a comission from the estates of this kingdome, to our king, now leyen at the iylles of Jernsey and Gernsey, upon the coast of France, bot pertaining to the crowne of England.—He returned about the end of January 1650.

The Lord Linton, eldest sonne to the Earle of Traquare, maried the Lady Seaton, (daughter to the leatte Marquesse of Huntlie, that was executt at the crosse of Edenbroughe the forsaid yeare, as is spoken before,) a woman excommunicat by the church of Scotlande for being a papist. The minister of Daicke, being ane olde man, did marie thir forsaid persons privatlie, without proclamatione of ther bands, according to the custome, for which, shortlie after, he was excommunicate, and his church declared vacane, and he, by the state, banished.

Decemb.—Ane Mistris Hendersone, sister to Fordell Hendersone, in the presbetrey of Dumfermling, (sometymes Lady of Pittaro,) being debated by many to be a Witch, was apprehended and caried to Edenbroughe, wher she was keiped fast; and after her remaining in prison for a tyme, being in health att night, upon the morne was founde dead. It was thought, and spoken by many, that she wronged her selfe, ether by strangling or by poyson; but we leave that to the judgement of the great day.

Decemb.—Ane act of parliament, discharging the going up and downe of sturdie beggars through this kingdome, and appointing every parish to entertaine ther owne poore, etc. This day, this act was reade by the minister of the church of Largo, and apointed to be reade through the severall churches of this kingdome.

By the comission of the Gener. Assemb. sitting at Edenbroughe, the Earle of Abercorne and the Lord Gray, both being papists, were excommunicate, and the Earle of Abercorne (whose surname if Hamiltone,) was apointed to remove himselfe from off this kingdome.

IX MARTII.

_Act abolishing the Patronages of Kirks._[423]

The Estates of Parliament being sensible of the great obligation that layes upon them by the Nationall Covenant, and by the Solemn League and Covenant, and by many deliverances and mercies from God, And by the late solemn engagement unto duties, To preserve the Doctrine, and maintain and vindicate the Liberties of the Kirk of Scotland, and to advance the Work of Reformation therein, to the utmost of their power; And considering that Patronages, and Presentations of Kirks, is an evill and bondage, under which the Lords people and Ministers of this land have long groaned, and that it hath no warrant in Gods word, but is founded onely on the Canon law, and is a custome Popish, and brought into the Kirk in time of ignorance and superstition, And that the same is contrary to the second book of Discipline, in which upon solid and good ground, it is reckoned among abuses that are desired to be reformed, and unto severall Acts of Generall Assemblies, And that it is prejudiciall to the liberty of the people, and planting of Kirks, and unto the free calling and entrie of Ministers unto their charge. And the saids Estates being willing and desirous to promove and advance the Reformation foresaid, That everie thing in the house of God may be ordered according to his Word and Commandement, Doe therefore from the sense of the former obligations, and upon the former grounds and reasons discharge for ever hereafter, All Patronages and Presentations of Kirks, whither belonging to the King or to any Laick Patrone, Presbytries or others within this Kingdome, as being unlawfull and unwarrantable by Gods Word, and contrary to the Doctrine and Liberties of this Kirk; And doe repeal, rescind, make voyd, and annull all gifts and rights granted thereanent, And all former Acts made in Parliament, or in any inferiour Judicatory in favours of any Patrone or Patrones whatsoever, So farre as the same doth or may relate unto the Presentation of Kirks, And doth statute and ordain that no person or persons whatsomever shall at any time hereafter take upon them under pretext of any Title, Infeftment, Act of Parliament, Possession, or Warrant whatsoever, which are hereby repealed, to give Subscrive, or Seal any Presentation to any Kirk within this Kingdom: And Discharges the passing of any infeftments hereafter bearing a right to Patronages to be granted in favours of these for whom the Infeftments are presented; And that no person or persons shall either in the behalfe of themselves or others, procure, receive, or make use of any Presentation to any Kirk within this Kingdome: And it is farther Declared and Ordained that if any Presentation shall hereafter be given, procured, or received, that the same is null and of no effect, and that it is lawfull for Presbytries to reject the same, and to refuse to admit any to trialls thereupon, and notwithstanding thereof to proceed to the planting of the Kirk upon the sute and calling, or with the consent of the congregation, on whom none is to be obtruded against their will. And it is Decerned, statute, and Ordained, That whosoever hereafter shall upon the suit and calling of the congregation, after due examination of their literature and conversation, be admitted by the Presbytry unto the exercise and function of the ministry in any Paroch within this Kingdom, That the said person or persons without a Presentation, by vertue of their admission, hath sufficient Right and Title to possesse and enjoy the Manse and gleib, and the whole rents, profits and stipends, which the Ministers of that Burgh had formerly possest and enjoyed, or that hereafter shall be modified by the commission for plantation of Kirks; And decerns all Titulars, and Taksmen of Tythes, Heretors, Life-renters, or others subject and lyable in payment of Ministers stipends, to make payment of the same, Notwithstanding the Minister his want of a Presentation: And Ordains the Lords of Session and other Judges competent, to give out Decreets, & Sentences, Letters conform, Horning Inhibition, & all others Executorials upon the said admission of Ministers by Presbytries, as they were formerly in use to doe upon Collation and Institution following, upon Presentations from Patrons. Declaring alwayes that where Ministers are already admitted upon Presentation, and have obtained Decreets confirm thereupon, That the saids Decreets and Executorials following thereupon, shall be good and valide Rights to the Ministers for suiting and obtaining payment of their stipend, And the Presentation and Decreet conform, obtained before the date hereof, shall be a valid ground and right for that effect; Notwithstanding the annulling of Presentations by vertue of this present Act, And because it is needfull that the just and proper interest of Congregations and Presbytries in providing of Kirks with Ministers be clearly determined by the Generall Assembly, and what is to be accompted the Congregation having that interest; Therefore it is hereby seriously recommended unto the next Generall Assembly, clearly to determine the same, and to condiscend upon a certain standing way for being a setled rule therein, for all time comming. And it is hereby provided, declared, and ordained, that the taking away of Patronages and Presentations off Kirks, shall import nor inforce no hurt nor prejudice unto the title and right that any Patrone hath unto the tythes of the Paroch, nor weaken his Infeftment wherein the same is contained, But that the said Title, Right, and Infeftment, shall in every respect (so farre as doth concern the Tythes,) be als valid and strong as when Presentations were in use. It is further statute and ordained, that the Tythes of these Kirks whereof the Presentations are hereby abolished, shal belong heretably unto the saids Patrons, and be secured unto them, and inserted in their Rights and Infeftments in place of the Patronage. Likeas the Estates of Parliament declare the said Patrons their Right thereunto to be good and valid, Hereby granting full power to them to possesse, sell, annalzie, and dispone the same in manner after specified, as fully and freely as the Minister and Patrone might have done before the making of these presents, Excepting alwayes therefrom these tythes which the Heretors have had and possest by vertue of Taks set to them by the Ministers, without any deed or consent of the Patrones, concerning which it is provided, That the said Tythes at the issue and outrunning of the present Taks, shall belong unto the Heretors respective, These said Heretors and the Patrons above mentioned, each of them for their interest, being alwayes lyable to the payment of the present stipends to the Ministers, and to such augmentation and provision of new stipends to one or more Ministers, & such as the Parliament or Commission for plantation of Kirks shall think fit and appoint. Excepting also such Tythes as are and have been possest, and uplifted by the Minister as their proper stipends; concerning which, it is hereby declared, that the Minister shall enjoy the same without any Impediment as formerly, it being hereby provided also, That this Act shall prejudge no person of the Right, Title, and Possession of their Tythes by Infeftments, Taks, and other lawfull rights acquired by them, and their Predecessors and Authors, as Accords of the Law. Likeas the Estates of Parliament renew the former Acts granted in favours of Heretors, for valuing, leading, and buying of their Tythes; Hereby ordaining any Patrone, having right to these tythes made to them by this Act, and having no right thereunto of before, To accept the value of six yeers rents, according to the prices of valued bolls respective, injoyned and set down in the former Acts thereanent, and that for the Heretable right of the saids Tythes, and for all title interest or claim that the saids Patrons can have or pretend thereunto by vertue of this Act.