Chapter LXXVII: Appendix (1)

STATE OF THE PRESBYTERIAN KIRK OF SCOTLAND FROM 1649 TO 1654.

The Acts and proceedings of the General Assemblies, which we have now presented in an accessible form to the notice and study of our countrymen, constitute the entire body of its statutes that are recognised by the Church as in any degree legitimate, during the long period which intervened betwixt the years 1602 and 1690.

During the years which immediately followed the Assembly of 1649, the dissensions, civil and ecclesiastical, which arose in an aggravated form, rendered all the proceedings of the Church courts of a very questionable character, insomuch so, that no authorized register of these proceedings is known to exist; nor has the Presbyterian Church, ever since the re-establishment of that form of polity at the Revolution, given the stamp of its sanction to any of the edicts which emanated from the few Assemblies that were permitted to be held subsequently to that of 1649. Indeed, after that time, and even before that time, the judicatories of the Presbyterian Church—divided into two furious antagonist parties, mutually excommunicating and excommunicated, persecuted and persecuting each other—had assumed such a position in relation to the supreme national authority, as virtually to dissolve its connection with the State, and practically to abrogate that constitution which it derived from the State in 1592—a constitution which had been again restored to it, with all the legal force of an Act of the Legislature, in 1641. It had ceased to be that Church which the law of the land thus sanctioned; and, by usurping civil and political powers not conferred upon it as a national establishment, and not legitimately belonging to any ecclesiastical body, it spontaneously broke asunder the ties by which it was connected with the State, and perpetrated its own self-destruction. It assumed temporal and political power, whereas only spiritual jurisdiction had ever been conferred upon it. The whole frame of its constitution, as settled by deliberate compact—in the first instance, in 1567, subsequently confirmed by the charter of 1592, and restored by the Act 1641—was entirely subverted; the subordination of its ministers and inferior judicatories to those of higher jurisdiction was repudiated; and the steps by which it gradually sunk and declined, were consummated by its final extinction as a _National Establishment_ in the schisms which arose among its office-bearers, and the forcible dispersion and prohibition of its General Assemblies, under the mandates of a foreign conqueror.

“A General Assembly had met, July 1650, against the lawfulness
of which there was no objection. Tho’ it met at Edinburgh, the
second Wednesday of July, 1650, according to the appointment of the
preceding Assembly, yet none of the Acts of it have been printed.

“Another General Assembly met at St Andrew’s, June 1651, and
adjourned to Dundee, where it sat for some time in the month of July,
1651. Also another Assembly met at Edinburgh, the second Wednesday
of July, 1652: against the Lawfulness of these last two General
Assemblies the anti-Resolutioners protested.

“Another General Assembly met at Edinburgh, July 20, 1653; but after
the Moderator, Mr David Dickson, had prayed, a party of armed men
surrounded the Assembly House, and the Commander entering, dissolved
the Assembly for not sitting by the authority of the Parliament of
the Commonwealth of England. He led the Ministers under a guard a
mile from the Town, and forbid them again to Assemble.

“An attempt was made to have another General Assembly at Edinburgh,
July 1654; but before it was constituted, it was dissolved, as
before, by the soldiers. Cromwell gave great support to the
Protesters, and bore hard upon the Resolutioners.”[424]

In prosecuting our illustrative notices of its rapid decline, and fall, and abolition, by these concurrent circumstances, we are now relieved, in some measure, from adhering to the precise form of the Introductions to the Acts of each successive Assembly, which we have heretofore adhered to, and we are constrained to present the transactions for some years after the Assembly 1649 in a somewhat different shape—as a mere historical conclusion to the Acts of the Assemblies which are recognised; and although we shall give all the information we can glean connected with the Assemblies that were held subsequently, these, it must be remembered, have no such claim to the character of authenticity as that which belongs to the antecedent proceedings. The subsequent details, therefore, must be regarded, not as a record of the Acts of the Established Presbyterian Kirk, but as a mere historical sketch of Presbyterianism in Scotland, during a period of about five years. Presbytery remained, indeed, in a state of complete abeyance, as the Established Church Government of Scotland, during a period of forty years, when it was restored at the Revolution.

There are not, it is believed, any authorized minutes extant, of the Assemblies 1650, 1651, or 1652. The proceedings of the Commission of the General Assembly 1650, from July of that year to July 1651, fill a large volume of above 400 folio pages. A very few pages are extant of the Acts of the Commission of the Assembly 1651, (from August, 1651, to May 14, 1652,) not more than eleven pages. The Acts of the Commission of the Assembly, 1652, (from August, 1652, to May 30, 1653,) fill twenty-nine pages. The whole Acts and proceedings of these Commissions, from 1650 to 1653, could not be comprised in fewer than two very closely printed 8vo volumes of above 500 pages each. None of these Acts, although some of them are in print, ever possessed any authority except over a section of the Church, many of the other ministers and elders having protested against them, and held them to be null and void. Even, therefore, if these were accessible, (which they are not at present,) it would be altogether beyond the compass of this work to include them. Such of them, however, as we have been able to pick up from the controversial pamphlets and chronicles of the times, may be given in this supplement, not as being in any degree authoritative or legitimate Acts of the Kirk, but merely as illustrations of the history of those dark and troublous times.

The period to which our attention is now directed, is one which excites a painful interest. It is pregnant with lessons of infinite value: it presents the most humiliating views of human nature; and, while the hallowed name, and rites, and spirit of religion were desecrated by its pretended votaries—by the clergy of that age, in particular, without distinction of parties—these memorials present to view an incarnation of all the worst passions by which human beings are agitated.

“Each—for Madness ruled the hour—
Would try its own persuasive power.”

Referring to the Acts of the Assembly 1649 as the most unexceptionable record, both of its proceedings and the spirit by which it was actuated, it will be observed, that, at its close, it appointed the next meeting of an Assembly to be held at Edinburgh, the second Wednesday of July, 1650, having, as usual, named Commissioners to act during the interval which followed.

In order to pave the way for the various extracts subjoined, it seems proper to give an outline of some domestic occurrences in Scotland during the year 1649, which have not already been adverted to, but which are calculated to throw light upon the state of society in this country at the period alluded to.

A detail has already been given of the events by which Argyle and the Kirk gained a complete ascendency in the government of Scotland, to the exclusion of all the loyal and moderate men, of whatever rank or condition; and the power thus acquired was not permitted to slumber in a state of inactivity. The Whigamore Parliament, _purged_ as it had been of every countervailing element, proceeded, in the beginning of March, to enforce the Act of Classes, (so called, from the classification of those who were excluded from the public service into various grades,) and they began with the highest functionaries of the State. The Earl of Crawford was removed from the office of Treasurer, and his place supplied by a commission, of which Argyle, Eglinton, Cassilis, and Burlie were the members; and Sir James Carmichael, the Deputy, was displaced, to make way for his own son, who was a minion of Loudoun’s, The Earl of Roxburghe was ousted as Lord Privy Seal, and the Earl of Sutherland substituted in his room. Cassilis and Lothian were appointed conjunct Secretaries in place of Lanerick, proscribed. Gibson of Durie was superseded, and Johnston of Wariston named Clerk-Register; and Thomas Nicolson supplied the vacancy created by Johnston’s promotion, in the office of Lord Advocate. They displaced no fewer than eight Judges of the Court of Session, and appointed others in their places. Lords Couper and Cassilis were appointed extraordinary Lords of Session, and the latter held no fewer than three of the highest posts in the executive departments of the State; and they ordained George Marquis of Huntly “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”—the Duke of Hamilton, the Earl of Holland, and Lord Capell, having, on the 9th of that month, been subjected to the same penalties in England, for their resistance to lawless power; while three separate gifts and grants, in favour of Loudoun, were passed the first Exchequer day that was holden; and, in the north, about the same time, the Lord Reay and other loyalists were defeated and taken prisoners, and Inverness subjected to military conquest.[425]

Nor was the Commission of the Kirk supine at that dismal season. From the middle of September to the middle of October, it held a Visitation for Angus and Mearns: it deposed eighteen ministers, and suspended five for “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,” &c.[426] These were not the only ecclesiastical achievements of the Commission; for, besides several other depositions, a Committee of Assembly visited St Andrews, concussed Baron, one of the professors, to demit his office; and, by a system of terror, endeavoured to crush the seeds of malignancy among the teachers and youth in that university. Cant and Rutherford were the presiding spirits on those occasions: “Mr Samuell Rutherfurd [who] altho lousse in hes zouthe, hes beine from his first begining a suorne enimey to Monarchey, as hes wrettings testifie, [Lex Rex, &c.,] a hatter of all men not of hes oppinion, and one quho if neuer so lightlie offendit, vnreconcilable; woyd of mercey and charity, altho a teacher of both to others.”[427]

Such was the complexion of affairs in the summer of 1649; and we shall best accomplish our object, in a brief abstract of these Scottish annals, by noting, in the first place, from the authentic Acts of the Estates, the more prominent particulars therein recorded, and subjoining these to such documents and extracts from contemporary chronicles as may fill up the outline thus presented.

On the 18th of July, 1649, the Estates appointed a committee to meet at Perth upon the 24th of August, and to call before them all persons within the Highlands, islands, and other places, who were upon the late Engagement against England, or had been accessory in any manner of way to the troubles of this kingdom; and to call on all landlords, and baillies of land, and chieftains of clans, to subscribe a bond and declaration for keeping the peace of the kingdom, and to obtemper [obey] any orders the Committee should appoint for that effect; with power to do all things necessary for keeping the peace of the kingdom.[428] On the 31st, commissions were also granted for visiting the universities of Edinburgh and Aberdeen;[429] and, on the 7th of August thereafter, a further commission was granted for the Committee of Estates to sit and act, with plenary powers, till the next session, which was appointed for the first Thursday of March, 1650. Winram of Libberton was appointed Commissioner on a new mission to the King, and (12th September) he was furnished with a letter to the King, and instructions for conducting the negotiations with his Majesty.[430]

And thus closed the third session of the Whigamore Parliament. For an illustration of the relative transactions, whether with regard to affairs of Church or of State, we must refer to the memorials of the times.

The fourth Session of the Whigamore Parliament was opened at Edinburgh on the 7th of March, and next day a letter was approved of to be sent from the Estates to Charles II. acknowledging receipt of his Majesty’s acquiescence in their desire to accept the Government. Commission was granted to the Earl of Cassilis and others to repair to the King at Breda, and treat upon the ground of the former “desires” presented to him at the Hague by the Commissioners of Parliament, “according to the Solemn League and Covenant,” &c. Instructions were also given to the Commissioners; and an adjournment then took place till the 15th of May following.[431]

The Parliamentary proceedings from that time till the end of the year, may be thus given in an abbreviated form, so as to afford a general view of its progress:—

May 15.—The Parliament reassembled.

May 17.—“Act ordaneing the sentence and dome of foirfaultoʳ to be putt in execuᵒione aganes James Grahame, and for tryell of the remanent Captives.”—P. 515.

May 18.—“Ordour givin to the Magistrates of Edinʳ to receave James Grahame and the remanent prisoners from Coˡˡ Campbell of Lawers at the water gaitt,” &c.—P. 515.

May 21.—“Act in fauors of the Lord Angus & Sir Roᵗ Murray, anent the prisoners in the Canongait.”—P. 516.

June 21.—Letter from Parliament to Lenthal, Speaker of the House of Commons of England, remonstrating against the armaments in England and their approach to Scotland, &c.—P. 523. Another to Lord Fairfax, Commander in Chief of the English forces, and another to Sir A. Haselrige, Governor of Newcastle.—P. 524-5. Commission for purging the Army.—P. 525.

June 25.—Act for Levy of Horse and Foot for defence.—P. 526.

“_Report from the Committee of Conference with the Commissioners of the Kirk._

“27 Junii, 1650.—The Committee appointed for conference with the Commissioners from the Church, thought it meet that some persons should be sent to congratulate his Majesties happy arrivall into this Kingdome, and to shew his Majestie how glad his people were to heare that it has pleased God to move his heart to give satisfaction to their desires, and that it would be very acceptable to them, that, to testify his reality therein, he would likewise forsake and abandon the company of Malignants, and that his domestick servants, and such as are about him, might be well affected to the cause and not malignant, and such as are otherwise, be removed and put from about him, but in a fair and discreet way.

“And having considered the list of his Majesties servants and others of the train, so farr as it come to their knowledge, the Committee aforesaid thought it fitt and necessary that the persons after following, viz., The Duke of Hamilton, [formerly Lord Lanerick,] the Duke of Buckingham, the Earle Forth, Lauderdale, Sir Robert Dalzell, L. Sinclair, Doctor Frazer, L. Wilmott, L. Wentworth, Secretary Long, Mr Uder, Earle of Cleveland, Mr Seymor, Viscount Grandison, Mr Progers, L. Withrington, Mr Rogers, Sir Philip Musgrave, Col. Darsy, Col. Gray, Col. Boynton, Major Jackson, Dr Goff, Mr Harding, corrupt chaplaines, and Sir Edward Walker, should forthwith remove themselves and depart out of the kingdome; and such also as have served in armes against the Cause, and been evill instruments and given bad counsell to his Majesties late father and himselfe, and likewise such others as upon information from our Commissioners shall be thought fitt to be removed.” This suggestion approved of on 28 of June.—P. 530. All other Scotchmen “not specifyed” in the Act to be removed out of the Kingdom, and the English to leave the country within eight days, otherwise their persons to be seized and disposed of as the Estates think fit; “and that in the meane tyme they remove themselves from the verge of the Court, and not be permitted to have accesse to his Majestie.”—P. 531.

July 3.—Commitee of Conference report that all the fencible men formerly ordered be in readiness to march upon sight of the beacons, “under the highest and strictest punishment that can be exprest, death, infamy, losse of all their moveables, and forfaultor of the third part of their estates; and as to the bordering shires, and other shires where the actuall invasion shall be, upon the said invasion, and upon sight of the beacons, the whole persons to rise in armes and draw together to the standing forces of the Kingdome as they shall have advertisement by beacons or orders.”—P. 532.

July 3.—An Act for putting the Kingdom in a posture of Defence, &c. “Considering the great preparations made by the Sectaries in England to invade this Kingdom, to destroy the Religion, Lawes, and Liberties thereof,” &c., declares “all fencible persons betwixt 60 and 16 are bound to rise in arms to defend the King and Kingdome from Invasions”—and appoints them to rendezvous in every shire.—P. 532.

July 4.—Act ratifying Treaty betwixt King and Commissioners—Instructions to Commissioners to go to the King—The Duke of Buckingham and 7 others, English, allowed to remain in Scotland till next Session of Parliament, but not to come within verge of the Court, or have access to his Majesty. P. 535.

July 5. Parliament continued to 15 of August.—P. 540.

Nov. 26.—The parliament met at Perth—the King present.

Nov. 27.—“The Kings Majestie, and Estattes of Parliament, earnestlie desyres the Comissioners of the Generall Assemblie to remayne heir for sum tyme, that thay may haue their advyce in sum particulars to be comunicat to thame. And that they may haue this day or the morrow a conference with thame thairanent; wᶜʰᵉ wes communicat to thame by the L. Burghley, the Laird of Duffus, and Hew Kennedy.”—P. 541. “The subject of yᵉ Conference to be anent the causes and tyme of the Fast, and anent the ceremonyes of the Coronatione, anent ministers to the kingis familie, and anent the reasones, pro and contra, quhy men should be admitted or excludit from joyneing with the armie, or acting a part againes the comon enemy.”—P. 542.

Nov. 28,—“The Kingis Majestie and parliament appoynts thoise wpoun the Conference to meitt wᵗ the Comissioners of the Geˡˡ Assemblie, at 3 of the clok efternun, in the Kirk Sessione-hous.”—P. 543.

Nov. 30.—Remonstrance and Petition of the Commissioners of the General Assembly.—P. 544.

Dec. 2.—Commission for trying and putting to execution three Witches.—P. 548.

Dec. 4.—“The 4 Artickle anent the wreatting of ane Letter to the Moderatoʳ of the Comissioners of the Geˡˡ Assembly, approvin.”—P. 548. Act in favour of persons recommended by the Commissioners of the General Assembly, who have given satisfaction.—P. 549.

Dec. 6. Letter to Moderator of General Assembly read and approven.—P. 550.

Dec. 10. “Ordanes the severall bodyes to meitt at three efternun, and to considder of the remonstrance givin in be the Comissioners of the Asemblie, and ordanes ilk body to name three of yʳ number to confer first among thameselffis anent the remonstrance, and yʳefter to meitt and confer wᵗ the Comissioners of the Generall Assemblie, and also how far incapacities that disables men may be takin aff, and men admitted for defence of yʳ countrie to fight aganes the comon enemy, and to treat anent a previous advysse concerning England.”—P. 552. “Ordanes thoise who shall be appoynted to confer wᵗ the Comissioners of yᵉ Geˡˡ Assemblie to acquaynt the Comissioners they ar appoynted to confer wᵗ thame.”—_Ibid._

Dec. 14.—“The K. Maᵗⁱᵉ and Parliament ordanes the E. Cassills, the L. Clarkington, and Joⁿ Jafray to pas and acquaynt the Comissioners for the Geˡˡ Assemblie, That sum course may be takin wᵗ suche persones as haue joyned and complyed wᵗ the Sectaries.”—P. 553.

Eodem die.—“Answer maid be the Comissioners of the Geˡˡ Assemblie to the queere givin in to thame be the Estaitts of Parliament anent the persones to be admitted to ryse in armes and joyne wᵗ the forces of the kingdome, and in what capacitie, for defence yʳoff aganes the armie of Sectaries, &c., redd. The L. Chancelar, at comand of his Maᵗⁱᵉ and Parliament did returne thame hartie thanks for yʳ readienes in giveing thair advyce so cairfullie, and declared they will be readie to go about to improve the same to the best advantage.”—P. 554.

Eodem die.—“Paper conteaning the Parliaments sense concerneing the Remonstrance and Petitione givin in be the Comissioners of the Geˡˡ Assemblie, past in Parliament and sent to be communicat to the Comissioners of yᵉ Geˡˡ Assemblie.”—P. 554.

Dec. 25.—“Sir James Balfour, Lyone King of Armes, exhibeit and produced ane old evident concerning the entailment of the Croun by King Robert the Bruce to the race of the Stewarts, and protested he might be exonered yʳoff. The L. Chancelar, In name of His Maᵗⁱᵉ and the Parliament, did rander him hartie thanks for his cair and paynes takin for recoverie of so noble ane evident, and ordanes him to have ane act of approbaᵒne of his sʳvice, and for his exoneraᵒn of the evident,” &c.—P. 564.

Dec. 28.—“Remitted to the noblemen, barrones, and burrowis, who wer wpoun the Conference to meitt and cloise the ansʳ to the Kirks remonstrance.”—P. 565. The Association in the west declared to be void, and any such association discharged in time coming; and a paper containing the sense of the King and Parliament on the remonstrance from the west, of 25 November, read and approved.—P. 566.

Dec. 30—Act ratifying all Acts of Parliament since the year 1641, and the late treaty at Breda.—“Act continueing the Parliament to the fyift of Februar 1651.”—P. 577.

* * * * *

The foregoing meagre abstract serves only as an index to some of the transactions in Scotland during the year 1650, one of the darkest and most perplexed in our history, which we must now endeavour, if possible, to render intelligible by a little more detail. Instead, however, of attempting to reduce into a connected narrative of our own the complicated “skein of mingled yarn,” we shall select a series of statements from the several records of the period, taking these indiscriminately from men of all the parties which then existed and fretted their hour upon the stage. This must be done at the expense of repetitions; but that is fully compensated by the additional light and evidence which will thus be concentrated within a narrow compass compared to what is at present to be found in any single record.

* * * * *

1650.

_Excerpts from Balfour’s Annales of Scotland._

[February.] This mounthe manney basse and eiuell rumors wer vented abroad of the Lord Chanceler; amongest maney, ther was one anent a woman that had borne him a chylde, and was conwayed to the Englishe border, and was a missing, and thought to be killed. Some ministers went to him, to show him of thesse foule aspertions wich wer wented off him; he menteined his auen innocencey, and shew them that thesse wer bot calumnies forged by his enimies, and some others that affected independencey, to make him vngratious to the churche and people; bot God wold in his auen tyme cleire his innocencey, and discouer ther malice.

In Febrij: one Mr Johne Lawsone wes sentenced by the Lordes of Sessione to haue hes tounge perced with a bodkin by the hangman, at the tron of Edinburghe, for periurey and falsett; and hes 2 associattes had ther eares nailled to the trone that same day, for bearing falls wittnes; wich, conforme to the sentence, wes put to executione.

In this same monthe of Febrij: 25 day, wther 3 persons for bearing falls wittnes, wer lykwayes sentenced by the Lordes of Session to haue ther eares nailled to the trone of Edinburghe by the hangman, ther dittay being wrettin one a shedule one ther faces, and they thereafter to be banished the kingdome for euer; to wich, if euer heirafter they returned, and wer apprehendit, they shuld be hanged; wich sentence was accordinglie put to executione.

In Appryle this zeire, 1650, the rebells from Orknay invadit Cathnes, and spoyled both it and Sutherland; they wer commandit by _________. L. G. Dauid Lesley marched aganist them with 4000 horsse and footte; his randewous wes one Brechin Moore, the 25 day of the mounthe of Appryle, 1650.

27 of Appryle, 1650.—Leiuetenant Generall Lesley hauing appoynted a randeszwouse of his forces at Brechin, 25 of Appryle, did make all possible haist aganist the enimey, marching 30 myles eurey day: and to put a stope to the enimies aduance, he sent Leiuetenant Colonell Strauchan befor him, to command the troupes that wer laying about Rosse and Inernesse. Vpone Saterday, the 27 of Appryle, the enimey was quartered at Strathekell, in Rosse; L. Colonell Strachan, with hes auen troupe, Colonell Montgomerie, Colonell Kers, L. Colonell Hacketts, and the Irishe troupe, wer quartered about Kincardine. Ther number that were present being onlie about 230, the officers being conweined, and haueing consideredthe grate scarsity of prowisions for horsse, and that it was werey probable, the enemies strenth being in footte, they wold take the hills vpone the aduance of more of our horsses; they concludit to feight that wicked crew with the force they had: bot the Lordes day approaching, and the enimey being 10 myles distant, they doubted wither to marche towardes them presently, or to delay wntill Monday, and so declyne the hazard of ingageing vpone the Lordes day; bot this doubt wes soune remowed, for notice was presently brought that the enimey was marched from Strachekell to Corbisdale, sex myles neirer wnto them, whervpone they fourthwith drew vpe in 3 pairties, the 1 consisting of neire a 100 horsse, to [be] led one by L. Colonell Straquhan; the 2d some more then 80, to be led one by L. Colonell Hackett; and the 3d about 40, to be led one by Capitane Hutchesone; and 36 musqueteires of Lawers regiment (wich wer occasionally vpone the place) to be led one by Quartermaster Shaw. After prayers, said by ther minister, they marched about 3 a clocke in the afternoone towardes the enimey, quho wer drawn vpe in a place neire a hill of Scrogie Wood, to wiche, vpone the aduance of our horsses, they quickly reteired; yet L. Colonell Strachan persewed them into the woode, and at the first charge, made them all to rune. The Lord did stricke suche a terror into ther heartes, as ther most resolute commanders had not the courage to lifte a hand to defend themselues, and our forces, without oppositione, did executione one them for 5 or 6 myles, euen wntill sunne sett.

Ther wer killed 10 of ther best commanders, most of ther officers takin, and 386 comon souldiers. The nomber of the quhole (as the prissoners did informe) was not aboue 1200, of all wich ther did not escape one 100, bot wer ather takin prisoners, killed, or drouned in a riuer that was neir the place. The cheiffe standard, called the Kinges, and four others, wer takin; the traitor, James Grhame, fled, bot was afterwards takin by the Laird of Assins people; his horsse was takin; his coate, with the stare and suord belt, wer found in the feild. L. Col: Strachan receiued a shotte vpon his belley, bot lighting vpone the double of his belte and buffe coate, did not pierce. One of our troopers haistining too forwardly after a boate, wich carried 2 or 3 of the enimey ouer the riuer, was drouned, and 2 wer woundit; and this was all the losse Straquhan and hes followers had. It is to be remembred, that Cap: William Rosse, and Cap: Johne Rosse, came vpe to the executione with 80 footte, chosen out off the countrey forces, and did good seruice.

Friday, 17 Maij. Sessio 1.—Acte ordaining James Grhame to be brought from the Watter Gate one a cairte, beare headit, the hangman in his liuerey, couered, ryding one the horsse that drawes the carte, (the prissoner to be bound to the carte with a rope,) to the tolbuith of Edinbrughe, and from thence to be brought to the parliament housse, and ther, in the place of delinquents, one his knees to receaue his sentence, viz. to be hanged one a gibbet at the crosse of Edinbrughe, with his booke and declarations tayed in a rope aboute his necke, and ther to hing for the space of 3 houres, wntill he wer dead; and therafter to be cutt doune by the hangman; his head, hands, and leges to be cutt offe, and destribute as followes, viz. his head to be affixed one ane iron pine, and sett one the pinnackell one the west gauell of the new prissone of Edinbrughe; one hand to be sett one the porte of Perth; the other one the porte of Stirling; one lyge and footte one the porte of Aberdeine; the other one the porte of Glasgow. If he was at his deathe penitent, and relaxit from excomunication, then the truncke of his bodey to be interrid by pioners in the Gray Friars; wtherwayes to be interrid in the Borrowmure, by the hangmans men, wnder the gallowes.

Saterday, 18 Maij. Sessio 1.—Saterday, 18 of Maij, James Grhame entred Edinbrughe, according to the ordinance of parl: of the 17 of Maij, with 23 prissoners, all commanders, and Sʳ Johne Harvey, his Generall Maior, and wer all of them comitted prissoners to the tolbuith of Edinbrughe.

The housse mett this same day, lykwayes, by aine especiall ordinance, at 6 a clocke at night, and sent Robert, Lord Burlie, Sʳ Ja: Hope of Hoptone, George Porterfeld of Glasgow, Mr James Durhame and Mr Ja: Hamilton, ministers, to James Grhame, to aske at him if he had aney thing to say; and to shew him, that he was to repaire to the housse to receaue his sentence. They wssed some interrogators to him, and brought his ansuers in wreat.

The housse delayes the execution of James Grhams sentence till Monday, at 10 houres, the 29 day. The housse ordaines the Lord Burlie, Sʳ James Hope, George Porterfeild, Sʳ Archbald Johnston, Clercke Register, Sʳ Thomas Nicolsone, Kˢ Aduocat, and Sʳ James Steuart, Prouest of Edinbrughe, to examine James Grhame one some poynts anent Ducke Hamilton, and others; and becaus he was desyrous to wnderstand of them formerlie, how it stood betuix the King and them, the parl: ordained them to shew him the truth, that ther commissioners and the Kings Maiestie wer aggreid, and that his Maᵗⁱᵉ was coming heire to this countrie.

Monday, 20 Maij. Sess: 2.—The parl: mett about 10 a clocke, and immediatly after the doune sitting, James Grhame wes brought befor them, by the magistratts of Edʳ, and ascendit the place of delinquents; and after the Lord Chanceler had spokin to him, and in a large discoursse declared the progresse of all his rebellions; he shew him that the housse gaue him liue to speake for himselue, wich he did, in a long discoursse, with all reuerence to the parliament, (as he said.) Since the King and ther commissioners wer accordit, he pleaded his auen innocencey, by calling all his auen depredations, murthers, and bloodshed, only diuersione of the Scotts natione from interrupting the coursse of his Maiesties affaires in England; and as for his last invasione from Orknay, from wich (said he) he moued not one footte, bot by his Maᵗⁱᵉˢ especiall direction and command; that, he called an acceleratting of the tretty betuix his Maiesty and this natione. To him the Lord Chanceler replayed, punctually prouing him, by his acts of hostility, to be a persone most infamous, periured, treacherous, and of all that euer this land brought fourth, the most creuell and inhumane butcher and murtherer of his natione, a suorne enimy to the couenant and peace of his countrey, and one quhosse boundlesse pryde and ambition had lost the father, and by his wicked counsells done quhat in him lay to distroy the sone lykwayes. He made no replay; but was commandit to sitt doune one his knees, and receaue his sentence, wich he did; Arch: Johnston, the Clerck Register, read it, and the Dempster gaue the doume; and immediatly arrising from off his knees, without speaking one word, he was remoued thense to the prisson. He behaued himselue all this tyme in the housse, with a grate deall of courage and modestie, vnmoued and vndanted, as appeired, only he sighed too seuerall tymes, and roulled his eiyes alonges all the corners of the housse; and at the reiding of the sentence he lift vpe his face, without aney word speaking.

He presented himselue in a sutte of blacke clothe, and a scarlet coate to his knee, trimmed with siluer galouns, lined with crimpson tafta; one his head a beuer hate and siluer band; he looked somequhat pale, lancke faced and harrey.

Tuesday, 21 Maij. Sess: 1.—This day the 281 comon souldiers taken at Kerbester, that wer in the Canongait prisson, the housse ordaines 40 of them, being forced from Orknay, and hauinge wyffe and children, to be dismissed. The housse giues 6 of them, being fishers, to the Leiutenant Generall; also wther 6 fishers of them giuen by the Parliament to the Marques of Argyle; and 6 of them, being zoung lustie fellowes, giuen to Sʳ James Hope, to his lead minnes. The remnant of them the housse giues to the Lord Angus and Sʳ Robert Murray, to recreut ther Frenche regiments with, to be transported out of the countrey to France.

This afternoone, James Grhame was execuitt, conforme to the sentence of parliament, at 3 a clocke.

_His last Speich one the scaffold, at Edinbrughe crosse, 21 May, 1650._

I should be sorie that this should be a scandall to aney good Christian. It happins to the righteous according to the wayes of the wicked, and to the wicked according to the wayes of the righteous. They that know me should not condeme me for this; maney grater then I haue beine delt with in this kynd; zet I must say that all Gods judgements are just, for my priuat sines. I acknouledge this to be just with God, and I submitt myselue to him; zet in regaird of man, I may say I am just. I blame no man, I complaine one no man for this judgement; I take it from the hand of God; they are bot instruments, I forgiue them; God forgiue them. But to exonerat myselue, that I giue no scandell to the people of God, all that I did was the just commands of my King in his distresse; I know nothing bot to feare God and honer the King, according to the law of nature and nations. I haue not sinned against men, bot against the Lord; and with him ther is mercey; and this is my ground of drawing neir him. I pray God this be not for farder judgement one this land; bot I will not enter on Gods secretts. That wich cheifflie can be said against me is amongest the Lordes people; that I am wnder the censure of the churche, it is not my fault, seing I bot obayed my lawfull prince. Zet I am sorie that they excommunicatted me, and in that wich is according to Gods law, I desyre to be relaxit; and if they will not, according to my conscience, I appeale to God, quho is a righteous judge, that must be my judge. There is one thing much spokin aganist, that I lay all the blame one the King; God forbid! As for the lait King, he liued a saint, and deyed a martyre; I pray God I may end so: and if euer I wold wishe my soule in ane other mans soules steed, it is in his. And for this King, according to his zeires and capacity, wich is guid, no people might be happier then wnder him. All his commands to me wer most just; in nothing that he promisses will he faile; he dealles justlie with all. Thesse testimonies haue I giuen to the last King, and to this King; and I am faithfull to the lait Kings memorie, and to this Kings persone; and all trew people that feare God are of my oppinione. It is not obdurdnes of heart that is in me, bot the light of my soule and conscience, and Gods spirit in me. I thank God I goe not to Heavens throne ingnorantly, thoughe I haue not much knowledge; I desyre not to be presumptous; God suffers me not to fearre the terors of death. I haue that conscience and reasson in that measure that he giueth it me, therfor I goe with courage to death; and quhateuer be my end, lett God be glorified, though it wer to my damnation. I say not this out of weekness and feare, bot out of my deutie to God, and loue to this people; ffor looking one you, I cannot bot morne; therefor I can say no more, bot remitts myselue to your charity, and I desyre your prayers. You that are scandelized at me, giue me your charity; I shall pray for you all: I leaue my soule to God, my seruice to my prince, my good will to my frindes, and my name in charity to you all. I might say more, bot I have exonered my conscience; the rest I leaue to Gods mercey. Being desyred to pray, he said, I haue alredey poured fourth my soule befor the Lord, quho knowes my harte; in his hands I haue comitted my spirit. If you will not joyne with me in my prayer, then my being in priuat, will be a scandell to me and you bothe.

* * * * *

Wedinsday, 22 Maij. Sessio 1.—The housse appoynts a committee to tray the depositions of 54 Witches, with pouer to the said committee to giue out comissions for ther furder trayell, examinatione, and executione; as also to thinke vpone a constant coursse and commissione for that effecte heirafter, and to report.

Thursday, 23 Maij. Sessio 1.—Tuo supplications and actes to be passed, exhibit to the house by the Commission of the Generall Ass: one anent papists defrauding of ther heires wich are couenanters;—remitted to a comitte to be thought one. The other anent the furder purging of the armey and judicatories, remitted lykwayes.

Saterday, 25 Maij. Sessio 1.—The Marques of Argyle reported to the housse, that himselue had a letter from the Secretarey, the Earle of Lothean, wich shew him that his Maiestie wes no wayes sorey that James Grhame was defait, in respecte (as he said) he hade made that invasione without and contrarey to his command.

Wednesday, 29 Maij. Sessio 1.—Petitione of the tuo honest Orknay ministers, humblie desyring a ratificatione of ane acte of the Commissioners of the Generall Assembley, modifinng to them 10 thousand merkes Scotts for ther losses, out of the stipends of the deposed ministers of Orknay, quho had landed with James Grhame; desyring letters of horning to charge for the same; granted by the parliament.

This day at 2 a clocke in the afternoone, conforme to the sentence of parliament, Sʳ Johne Horrie and Cap: Jo: Spotswoode wer executte at the crosse of Edinburghe. Sʳ Jo: Horrie wes penitent, and confessid that his grate and manyfold sinns aganist God, had brought him to that so publicke ane end. Bot Johne Spotswood deyed in a furey and rage, almost distracted of his witts, and wold confesse nothing.

Fryday, 31 Maij, Sessio 1.—Report anent Sʳ William Hay of Dalgatey, Barronett, quho was forfaulted by the parliament in St Andrewes, in Aᵒ 1645, and excomunicat thereafter for poperey, ratiffied; and he being this day called befor the parliament, and asked by the president giue he had aney thing to say for himselue befor the sentence and doume wes pronunced aganist him, said nothing, bot that he was to goe to Germaney, and went to the King to haue his passe; and by him wes commandit to attend James Grhame to this countrey. He was comandit to kneele one his knees, wich he did; then did the Register reid to him the parl: sentence, wich was to haue his head struckin from his bodey one Tuesday nixt, the 4 day of Junij, at the crosse of Edinbrughe, at 2 a clocke in the afternoone; and the magistrats of Edinbrughe commandit to see this sentence put to executione.

Saterday, 1 Junij. Sessio 1.—The housse ordaines the Ministers of Edinburghe to end ther sermons befor 9, and then the grate bell to ring daylie at 9 for the conweining of the parliament.

Thursday, 21 Junij. Sessio 1.—A letter to William Leuthall, Speaker of the Parliament of England, from the housse, read. Ane vther letter to the Generall of the armey, Fairfax, read. With ane to the Gouernour of Neucastle, Sʳ Arthur Hasilrige, read. Thir 3 letters being read in parliament, the housse ordaines them to be communicat to the Commissione of the Kirke.

Fryday, 22 Junij. Sessio 1.—Alexander Charteres, the Laird of Emsfeilds brother, execut this day at the crosse of Edinbrughe; quho receuid sentence of death one his knees, in the parliament housse, one Wedinsday the 13 of Junij.

Wedinsday, 26 Junij. Sessio 1.—This day, letters from our commissioners wer read in the housse, shewing that his Maiesty was sauely arriued at Germouth, in Spey, one Sunday, 23d of Junij instant; and that befor he landit, had solemly suorne and subscriued the couenant, and the lige and couenant.

Thursday, 27 day. Sessio 1.—A letter from Mr Jo: Leuingston to Mr Rob: Douglasse, presented be Mr James Hamilton to the housse, anent his Maiesties subscriuing the couenant, and the leauge and couenant, and granting all the desyres both of churche and stait, of the dait 23 Junij, 1650; read and communicat to the parliament.

The housse ordaines the President of the Parliament to rander the Comissione of the Gen: Ass: in ther name, thankes for ther correspondence.

Friday, 28 Junij. Sessio 1.—Mr James Hamilton, from the Com: of the Kirke, shewes the housse, that they had chossen Mr Dauid Dicksone, Mr James Durhame and Mr Robert Burnett, zounger, reuling elder, to goe to the King, from the Commission of the Generall Ass: and in ther name to congratulat his Maiesties saue arriuall; and intreats the housse that they may accompaney ther commissioners to his Maiestie.

Mr James Hamilton lykewayes presents to the housse a Varning of the Com: of the Generall Ass: to the kingdome, of the dait 25 Junij, 1650,[432] read in the housse. The president is comandit by the housse to rander the presenters thankes; and withall, to intreat them that they wold delay the printing of it some shorte tyme, wntill the parliaments declaration wer redey to be insert therwith, and printed.

Monday, 1 Julij. Sessio 1.—Brodie and Libertone made a full relation of all ther negotiation with his Maiestie; they producit the couenant, withe the churche explanatione, subscriued with the Kinges hand, as also the concessions subscriued by his Maiestie.

The Marques of Argyle this day reportes to the housse, that he had a letter from a trustey frind, shewing him that the Presbyterian partey in England had so delt with Fairfax, the Englishe Generall, not to come aganist the Scotts, that he not only refussed that seruice, but had layed doune his commissione.

Thursday, 4 Julij. Sessio 1.—Acte discharging all duells and combatts, and apeallations therto, wnder the paine of death; the appellants and challengers to be degraded by the hands of the hangman, wnder the gallows, and then to be hanged therone. The accepter of the challenge to be punished with death; and the carrier of the challenge to be banished the kingdome; wotted and past.

The 5 of Julij, 1650, his Maᵗⁱᵉ cam from St Andrewes, and wes banqueted in Couper, to his auen housse of Falkland, one Saterday. My L. the Earle of Arundaill intertained him wntill Monday at night

Mr Thomas Nicolsone, his Maiesties Aduocat, wes knighted in the withdrauing roume at Falkland, after supper, one Wedinsday, the 10 of Julij instant. His Maiesty stayed at Falkland wntill Tuesday the 23 of Julij, from quhence he did remoue to Perthe for one night, quher he was feasted with all his traine by the magistrats of the said brughe, in L. Generall Dauid Lesleyes housse. Hes Maiestie, at hes entrey, was mett by the prouest and magistrate and counsell, all in mourning, with a gaurd of partisans, who attendid his Maiesty during his abode ther, in mourning lykwayes. Mr George Halybrunton, one of the ministers of the toune, had a prettey congratulatorey oration to his Maiestie. After dinner one Vedinsday, his Maiestie went to the gardin housse one the riuer, quherin ther wes a table couered with desert of all kinds; ther the Prouest, one his knees, presented to his Maiestie his Burges Bill, and ane other to the Ducke of Buckinghame. His Maiestie, at my desyre, wrotte in ther booke of preuilidges his name and motto thus:

_24 Julij, 1650._

CHARLES R.

_Nemo me impune lacessit._

Vedinsday, 24 Julij, his Maiestie went from Perth to Dumfermling. He wisited the Lord Burlie by the way, quher he wes welcomed with a banquett.[433]

Thursday, 25 day of Julij, his Maiestie, after dinner, departed from Dumfermling to his auen housse, Streueling Castle.

One Wednisday, 31 of Julij, Gen: Maior Rob: Montgomerey, and Colonell Straquhane, led out a pairtey, against the enimey, of 2000 horsse and 500 foote, and beatt him soundlie; and if he had had 1000 more, they had routted his quhole armey. They killed to him 5 Colonells and L. Colonells; mortly woundit L. Gen: Lambert, and aboue 500 souldiers, and returned with no grate losse.

One Monday the 29 of Julij, Cromwell, with all his armey, assaulted our trenches neir the Quarrell holles, bot wes valliantly beat offe and repulsed, and 2 of his canon takin; and hes footte partey routted by Lawers regiment, quho doublett alone, mounted the hill at St Leonards chapell, and dange them from ther canon, wich they had planted ther to shotte one our trenches at the Quarrell holles. The Englishe flange ther armes from them, and betooke them to ther heiles, wntill a brigad of horsse aduanced, and reganed ther canon; bot with grate losse of men and horsse, quhom Lawers men from the hedges and rockes played wncessantly with ther musketts.

Cromwell being soundly beattin one Vednisday by our men, reteired backe to Muchellbrughe, Prestone and Inereske one Thursday, and ther begane to intrinche himselue; he made stables of all the churches for hes horsses quhersoeuer he came, and burned all the seatts and pewes in them; riffled the ministers housses, and distrayed ther cornes.

Cromwell sent a trumpte, on Thursday the 1 of Aguste, to L. Generall Lesley, with a liste of suche prissoners of ours as he had takin since his inwading the countrey, wiche amounted to the nomber of 80, and desyred that he might haue them exchanged.

The L. Generall, with the adwysse of the Committee, did returne the blasphemer this anssuer, that he had giuen strict order and command to all the countrey, not to take or moleste aney of his horsse ore footte souldiers in ther peceable retrait home to ther auen countrey, bot to intertane them kyndly, and assure them a saffe passage to ther homes.

The Comittee of Parliament for purging the armey, did meitt this 2, 3 and 5 dayes of Agust; they acted nothing against the enimey, bot purged out of the armey aboue 80 commanders. The ministers in all places preched incessantly for this purging, sheuing, if that committe did not proceid, the consequences that wold follow wold certanly proue lamentable and destructiue, and wold vndoubtedly multiplie Gods judgments vpone the land and armey.

One Monday the 5 day of Aguste, Cromwell reteired backe with his armey from Mussilbrughe and Innerescke to Dumbar, after he had sent the day befor, a letter, most ridicolus and blasphemous to the Comission of the Generall Assembley, and a replay to the Committee of Estaits anssuer to his foolishe declaratione, being in effecte nothing bot a rapsodey of bosting and hyperbolicke nonsense.

One Friday, the 9 of this mounth of Agust, ther came from the Committee of the Armey and Kirk to his Maiesty, to Dumfermling, commissioners, viz. the Earle of Lothean, Secretarey; Sʳ Archbald Jhonston, Register; Mr Robert Douglas, Mr James Guthrie, Ministers; and Mr Robert Barclay, Prouest of Irwing, to intreat him that he wold be gratiously pleased to subscriue that declaratione, wich the armey so muche desyred his Maᵗⁱᵉ to emitt for the satisfaction of all honest men; wich wes deliuered by the Marques of Argyle to him some few dayes befor. His Maiestie did receaue ther message gratiously, about 1 a clocke in the afternoone, and delayed giuing them ane anssuer wntill his returninge from hunting in the eiuning this night, wiche he desyred them to expecte; bot they receauid no contentment: the King dennying absolutly to declaire aney thing [that] might rube vpone his father, so they depairted, vpone Saterday, vnsatisfied.

Cromwell, with his armey, raisse one Tuesday the 13 day, from Mussilbrughe, and vent vest with touardes Colintoun; and our armey drew fourth of ther trinches, and marched after them towards Corstorphine.

This Tuesday his Maiestie called a counsell at Dumfermling, the first he held since his coming to Scotland; it [was] held in his Maᵗⁱᵉˢ bed chamber; ther wer present of counsellers ther, Argyle, Lothean, Eglinton, Tuedale, Lorne, Thesaurer-Deput, &c. The results of ther consultatione wer, that his Maiestie should presently wreatt to the Commissione of the Kirke, and shew them that he wold follow ther adwisse, not only in the declaratione, bot in all thinges ells that concernid the peace of the kirke and religion, and couenant; only he intreatted them to be als sparing of his fathers name and memorie as necessarily could be.

One Wedinsday, in the afternoone, the Earle of Weeymes and Mr George Winrhame of Liberton, came to Dumfermling to his Maiestie, with a shorte declaratione of the Comission of the Kirkes, ratified by the Com: of Estaits, shewing, that since, by ther frequent messages and petitions sent to his Maiesty anent his assent to a declaration to be emitted, he had altogider refussed the same; thesse, therfor wer to shew to the world, that wntill he condescendit to passe the forsaid declaratione, they wold nather auen him nor his causse. The ministers hes Maiestie had wrettin for 2 dayes befor, for soluing some scrouples he had in the declaratione they demandit, cam to him one Thursday to Dumfermling, viz. Mr Dauid Dicksone, Mr Patrick Gillespie.... And after much disputatione, some alterations in wordes wer accordit one; it being wrettin ouer in mundo, his Maiestie signed the same, at Dumfermling, one Friday the 16 day of Agust, about 3 in the afternoone, and immediatly therafter tooke horsse for Perthe.

They all, both churche and stait, passed from that declaratione sent by the Earle of Weymes and Liberton; and gaue his Maiestie humble thankes for granting the desyres of the church, staite, and armey.

_The Heads of the Declaration subscriued at Dumfermling, 16 Agust, 1650._

Thoughe his Maᵗⁱᵉ, as a deutifull sone, be oblidged to honor the memorie of his royall father, and to haue in estimation the persone of his mother, yet doeth he desyre to be deeply humbled and afflicted in spirit befor God, becausse of his fathers opposition to the worke of God, and to the soleme leauge and couevant, by wich so muche of the blood of the Lordes people hath beine shed in thesse kingdomes; and for the idolatry of his mother, the toleratione quherof in the kings housse, as it was matter of grate humbling to all the protestant churches, so could it not be bot a heighe prouocation aganist him, quho is a jelous God, visiting the sinns of the fathers vpone the children, &c.

2. That he hath not subscriued the couenant vpon aney sinister intentione and crooked deseinge, bot sincerly; and that he will haue no frinds or enimies, bot thesse of the couenant; requiring all to lay doune ther enmity against the causse and people of God.

3. That the trettey with the Irishe be void.

4. That by hes commissions at sea, no merchants follouing ther trade be interrupted; and though his Maᵗⁱᵉ desyre to constructe weill of the intentions of thosse (in reference to him) that opposed the couenant, zet he will not giue comissione to aney such, wntill they take the couenant, and giue euidence of ther integritie, &c.

5. That he will satisfie the desyres of Englishe and Irishe good subjects; and giue parliament of England, sitting in fredome, shall prewin him with the propositions presented be bothe kingdomes, he will not only accord them with alterations, bot doe quhat is farther necessarey for prosecutting the ends of [the] couenant, especially in reformation of the churche of England, and as the diwynnes at Westminster accorded; and that the churche of England may enioy full liberty and freedome of all assemblies, and pouer of kirke censures and ordinances, and members, in matters ecclesiasticke, &c.