Chapter VIII: Act 131: , Par. 8, K. Ja. 6, and the subjects’ liberties, who ought (5)

[The abbreviate of the Proceedings, which is in the Advocates’ Library, of which the prefixed is a copy, terminates on the 7th of December; and annexed to it are the Acts of Deposition passed against the Prelates, and an “Index of all the Principal Acts of the Assembly holden at Glasgow 1638,” at the end of which there is a docquet subjoined. The “Index” referred to being more full than any of the copies that are to be found in the printed Acts, it is here adopted as by the docquet authenticated by the Clerk of Assembly. The official abbreviate being thus defective to a certain extent, we are induced to fill up the chasm by adopting, as a supplement to it, an abridged account of the actings after the 7th December, from “Balfour’s Annales,” vol. ii., p. 209, _et sequen._]

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8 December, Sessio 16.

Saterday, after much reiding of papers and dispute anent the lawfullnes of Episcopacey in this churche, at last the questions was stated thus:—Quhither, Episcopacey was abiured in our kirke by the confession therof, and could be remoued? All in one woyce remoued the same, as abiured, neuer heirafter to be established.

10 December, Sessio 17.

The 5 artickells of Perth is, by the assembley, in one woyce totally abiured and remoued.

The Bischopes of Edinbrughe, Aberdeine, Rosse and Dumblaine, wer all of them depossed from aney function in the kirke, and excommunicat. Dumblaines crymes, by thesse that wer generall to all the bischopes, wer Arminianisseme, poperey and drunkennesse.

11 December, Sessio 18.

Tuesday Mr George Grhame, Bischope of Orcades, his lybell read, and he deposed; no excommunication againist him, becausse of his submission to the assembley.

Mr Johne Guthrie, Bischope of Murray, deposed; and if he acquiessced not with the said sentence and made his repentance, to be excomunicat.

Mr Patrick Lindesay, Archbischope of Glasgow, his lybell read, and he deposed and excomunicat.

Mr James Fairlie, Bischope of Argyle, his lybell read, and he deposed; and if he did not acquiesse with his sentence and repented, to be excommunicat.

Mr Neill Campbell, Bischope of the Iles Hybrides, his lybell read, and he deposed.

12 December, Sessio 19.

Vedinsday, after the depriuatione of Mr Thomas Forrester, minister of Melros, Mr Alexander Lindesay, Bischope of Dunkelden, his lybell being read, the assembley did deposse him from the office of bischope, and suspendit him from the office of ministrie, and exercisse therof; bot to be receauid therto againe vpone his repentance, manifested to the presbeteries of Dunkelden and Pearthe, and wpone his prowyding of the kirke of Dunkelden at the sight of the presbeterey.

After Dunkelden, Mr Johne Abernethy, Bischope of Cathnes, receaued sentence of deposition from his office of episcopacey, and he to be receaued in the office of the ministrie wpon his publicke repentance, to be made in the kirk of Jedbrugh.

The sentence of excommunicatione, aganist diuers of the bischopes, wes publickly read, and by acte of the assembley, ordained to be pronounced tomorrow by the moderator in the heighe kirke, and therafter to be intimat by the ministers and readers of all kirkes.

13 December, Sessio 20.

Noe more done this day, bot the sentence of the bischopes excommunication solemley pronounced by the moderator, Mr Alexander Hendersone, after a sermon preached by him, one the 1 versse of 110 Psalme.

14 December, Sessio 21.

Ther came this day, a letter to the assembley from the Earle of Vigtone, directed to the Earle of Montrosse, wich read publicikly in the assembley, desyrinng him to declare in his name, that he subscriued to the confession of religion, in doctrine and discipline, as it was in Aᵒ 1580, and that he wold defend the same with his bloode.

Fyue ministers wer deposed this day, viz.

Mr William Hannay, Minister at Aire;

Mr Androw Rollock, Minister at Dunce;

Doctor Robert Hamilton, M: at Glasfurd;

Mr Tho: Rosse, Minister at Chanrey.

Mr Henrey Scrymgeour, Minister at St Fillans, in Fyffe, for fornicatione.

15 December, Sessio 22.

This day, the Earle of Vigton declared himselue, in face of the assembley, conforme to his letter read in assembley, and directed to the Earle of Montrosse.

16 December, Sessio 23.

Order takin this day by the assembley, for commissions in all quarters of the kingdome, for cognoscing of proces presentlie depending befor the assembley aganist ministers, and to deceid therin; they to sitt doune at Edinbrughe first, the 26 of December instant, 1638; and at St. Andrewes, the 20 of Januarij therafter, in Aᵒ 1639; and from thence to Dundie, the 4 of Februarij, 1639.

17 December, Sessio 24.

Ten actes, and one referance past in assembley this day.

18 December, Sessio 25.

Ther was giuen in to the assembley, ane anssuer to the declinator and protestation of the bischopes, also to the Kinges Commissioners protestation.

Three commissions, anent complaints aganist ministers in the southe and northe, exped this day.

Acte, that all tytills of dignity, as deans, subdeans, chanters, flowing from the canon law and pope, are abolished in tyme cominge.

Acte, that no marriage be without thrysse proclamation, as the booke of discipline bears, wich is not absolute, bot excepts in knowin necessity.

Acte, that no interments be in kirkes; and that ther be no funerall sermons, as tending to superstition.

Acte, anent the maner of tryell of the expectents of the ministrie.

Mr Archbald Jhonston, clercke of the assembley, elected to be procurator for the kirke, and Mr Robert Dagleische to be agent; and fees appoynted for them.

19 December, Sessio 26.

This day was read the draught of a suplication to be made by the assembley to the Kinges Maiestie, for his approuing, in the ensewing parliament, of ther procidinges and decrees.

Commissioners appoynted to the parliament, from the generall assembley of ministers; noblemens eldest sones and barons from all quarters, with thesse follouing propositions:—

First, That the præuilidges of the kirke be rattified, and ther power in holding generall assemblies.

2d. That the constitutions of the generall assembley be ratified.

3d. That presentations of kirkes be made by the patrons to the presbeteries, with power to them of collation.

4to. For augmentation of kirkes small stipends, lying in bischopericks and otheres.

5o. That no aduocation pas to counsell or session, from presbeteries and shyres, to hinder or impeade the censure of the kirke.

6o. That visitatione be made of colledges, by commissione from the parliament.

7o. That some few lynnes, by authority of parliament should be addit to the couenant, to be subscriued by all suche as heirafter should enter wnto the same.

Acte declaring ciuile places of kirkmen in counsaile, session, justice of peace, &c. woycinng in parliament, &c. all to be wnlawfull, and they recindit and anulled all former actes making the same lawfull.

Acte restoring kirke sessions, presbeteries, synods and assemblies, as they wer in Aᵒ 1580, in all respectes, and in ther members and elders, ther numbers and powar.

20 Decembris, Sessio 27.

In this session, ther was diuersse actes past, and transportations of ministers.

Acte ordaning the generall assembley zeirlie, and oftner _pro re nata_; as also ordaning the nixt generall assembley to be in Edinbrughe the 3d Vedinsday of Julij, 1639.

Therafter the moderator discoursed of the worke of reformation in this kingdome, and Gods workes therein, and of the coursse and progresse of the assembley; to this same purposse spake eache of them after ane other,

Mr Androw Ramsay,
Mr Dauid Dicksone,
Mr Robert Blaire,
Mr Androw Cant.

The Earle of Argyle, also, by occasione of speeiches wich fell from the moderator, spoke to the assembley of his longe delay and bydinng out, and not ioyning to the couenanters, not (said he) for want of affection to the good causse, bot to doe more good; wich, quhen it failled, he could byde no longer oute from them with the other syde, excepte he had beine a falsse knaue. He exhorted ministers to doe ther dewtiey, and to be respectiue of authority; also the ministers to peace and vnity amongest themselues.

Therafter the moderator clossed the assembley with prayer, and singinge of the 133 psalme, wpone the 20 day of December, 1638, being Fryday, about 6 a clocke at night.

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AN INDEX _of all the_ PRINCIPALL ACTS _of the_ ASSEMBLY _holden at_ GLASGOW 1638.

1.—An Act for registring sundrie protestations betwixt the marryners, [“between the Commissioner’s Grace and the Members of the Assembly.”—_Printed Acts._]

2.—An Act for the election of Mr Alxʳ Henrison to bee their Moderator.

3.—An Act for admitting Mr Archbald Johnston to bee the Clerke of the Assembly, and producing and keeping the Registers of former Assemblies which were preserved by Gods wonderfull providence.

4.—An Act of disallowing anie private conference with the Moderator.

5.—An Act ratifying the authentickness of the Registers.

6.—An Act registring his Majesties will declared by his Commission.

7.—An Act of the Assemblies Protestacon against dissolving of the Assembly.

8.—An Act annulling the 6 late Assemblies—viz., one holden at Lithgow 1606; another at Lithgow 1608; one at Glasgow 1610; one at Aberdeene 1616; one at St Andrews 1617; and one at Perth 1618; with the reasons of the nullitie of every one of them.

9.—An Act annulling the oath exacted by Prelats vpon Ministers where they are admitted into their callings.

10.—An Act deposing Mr David Michell, Minister at Edinburgh.

11.—An Act deposing Mr Alexander Gladstons, Minister at St Andrews.

12.—An Act deposing Mr John Creighton, Minister at Pewisloe.

13.—An Act deposing Mr Robʳᵗ Hamilton, Minister at Glasford.

14.—An Act deposing Mr Tho. Foster.

15.—An Act deposing Mr Wᵐ. Annand.

16.—An Act deposing Mr Tho. Mackenzie.

17.—An Act declaring the abiuring and removing the 5 Articles of Perth.

18.—An Act condemning the Service Booke.

19.—An Act condemning the Booke of Cannons.

20.—An Act condemning the Booke of Ordinacons.

21.—An Act condemning the High Commission.

22.—An Act clearing the meaning of the Confession of the Faith, Anno D ⁿⁱ. 1580, and abjuring and removing Episcopacie.

23.—An Act concerning the deposing and excommunicacon of the late pretended Archbishops of St Andrews and Glasgow, the Bishops of Edinburgh, Rosse, Galloway, Brechin, Dumblane, and Aberdeen.

24.—An Act concerning the deposicon absolutely, and excommunicacon conditionally, of the late pretended Bishops of Murray, Argyle, Orkney, Cathness, Dunkeld, and the Iles.

25.—An Act for restoring the Presbyteries, Provinciall Synods, and Generall Assemblies, to their Constitutions of Ministers and Elders, and their Powers and Jurisdictions, according as they are contained in the Booke of Policies.

26.—An Act for erecting a Presbyterie in Argyle.

27.—An Act concerning the Visitacon of Particular Churches, Schooles, and Colledges.

28.—An Act against Non-Residencie.

29.—An Act concerning the planting of Schooles in every parish.

30.—An Act directing of Presbitery Ministers how to choose their Moderators.

31.—An Act referring to the competencie of Presbiteries and Parishes.

32.—An Act concerning the Conservacon of Ministers, as in anno 1595.

33.—An Act for Presbiteries to defray the expenses of their Commissioners.

34.—An Act referring to former Acts for repressing of Poperie and Supersticon.

35.—An Act referring to Presbiteries the more frequent Celebracon of the Lords Supper.

36.—An Act against the Prophanacon of the Sabbath, for want of afternoones exercise.

37.—An Act against Salmon Fishing and Going of Milnes on the Sabbath day.

38.—An Act against Salt Panns, and such like imployments, on the Sabbath day.

39.—An Act against Markets on Mondayes and Saturdayes within Borroughs.

40.—An Act setting downe the Roll of Provinciall Assemblies.

41. An Act against those that speake or write agᵗ the lawfulnes of the Naconal Covenant, or this Assembly and the Constitucons thereof.

42.—An Act concerning the receiving the repentnance, submission, and admission into the Ministrie of any penetent prelate.

43.—An Act for excommunicating of such Ministers as disobey their sentence.

44.—An Act against the frequenting with excommunicat persones.

45.—An Act condemning Chapters, Archdeacons, Preaching Deacons, and such like Popish trash.

46.—An Act against obtruding of Pastors upon people.

47.—An Act against Marriage without Proclamacon of Bands.

48.—An Act against Funerall Services.

49.—An Act for admission of Mr Archbald Johnston to bee Advocate, and Mr Roberte Dalglassie to be Agent for the Church.

50.—An Act for transporting of Mr Alexander Henderson from Leuchers to be one of the principall Ministers of Edinburgh.

51.—An Act for transporting Mr Robert Blaire from Ayre to St Andrews.

52.—An Act transporting Mr Andrew Cant from Pitslegoe to Newbottle.

53.—An Act condemning all Civill Offices in the persons of Ministers of the Gospell, as to bee Justice of Peace, sitt in Session or Councell, or to vote or ride in Parliament.

54.—An Act for a Commission for examinacon of complaints, to sitt at Edinburgh the 26 of December next.

55.—Another Commission to sitt at Edinburgh the 22 of January next.

56.—Another Commission to sitt at Irwing the 25 of Jann. next.

57.—Another Commission to sitt at the Chancerie the 29 of Feb. next.

58.—Another Commission to sitt at Kircowbright the 9ᵗʰ of March next.

59.—An Act for the Commission to visite the Colledges of Glasgow and Aberdeen.

60.—An Act appointing the Commissioners to attend the Parliament with the Articles which they are to represent there in the name of the Church vnto the 3 Estates.

61.—An Act ordaineing the Commissioners for Presbiteries and Burroughes presently to gett under the Clerkes hands an Index and Abstract of all the Acts, to carry hame with them from the Assemblie to their severall Presbyteries and Burroughs.

62.—An Act ordaineing the Presbyteries to intymate in their severall pulpits the Assemblyes explanacon of the Confession of Faith, the Act against Episcopacie, the Act against the 5 Articles, the Act against the Service Booke, the Booke of Cannons, Booke of Ordinances, and the High Commission, the severall acts of deposicon and excommunicacon of the prelates.

63. An Act discharging all printers not to print anything concerning the Acts or the proceedings of this Assembly, or anything which concerns the Church, without a warrant under Mr Archbald Johnstons hands, as Clerk to the Assembly, and Procurator for the Church, and that vnder the paine of all ecclesiasticall censure; and this to be likewise intymated with the other Acts.

64.—An Act ordeyning the Covenant subscribed in Febʳ last to bee now againe subscribed, with the Assemblyes declaracon thereof; and this to bee also intymated by all ministers in their pulpitts.

65.—An Act dicharging all subscripcon to the Covenant subscribed by His Majestie’s Commissioner and the Lords of Councell, which is likewise to be intimated.

66.—An Act against those which are maliceous agˢᵗ this Church, or dedyners or disoeclyers of the Acts of this Assembly.

67.—An Act warranting the Moderator and Clerke to give out summons, upon lawfull complaints, against parties to appeare before the Assembly.

68.—An Act renewing the priviledges of yearly Generall Assemblies, and oftener, (_pro re nata_) and for appointing the third Wednesday in July next, in Edinburgh, for the next Generall Assembly.

69.—An Act that none be chosen as Ruling Elders to sitt in Presbiteries, Provinciall or Generall Assemblies, but those who subscribe the Covenant as it is now declared, and acknowledge the constitutions of this Assemblie.

70.—An Act concerning the voting of church-sessions, and tryall of Expectants.

71.—An Act for representing to the Parliament the necessitie of the standing of the Procurators place for the Church.

72.—An Act ordayning all Presbiteries to keepe a solemn thanksgiving in all parishes for Gods blessing and good successe of this Assemblie upon the first convenient Sabbath.

_Extracted by mee_, Mr ARCHBALD JOHNSTON, _Clerke to the Generall Assemblie._

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=Miscellaneous Historical Documents.=

RELATIVE TO THE ECCLESIASTICAL AND POLITICAL EVENTS IN SCOTLAND, 1633-1638.

Having now presented to the reader the Acts and Proceedings of the General Assembly 1638, from the most authentic sources, we are now to submit a collection of illustrative historical documents, which will be found to corroborate the narrative given in the Introduction, and to throw much additional light on the period which elapsed from the coronation of King Charles I., in 1633, till the rising of the General Assembly on 20th December 1638.

It appeared to be exceedingly desirable to give a concentrated and connected view of these, in juxtaposition with the Acts of Assembly, of which they were the precursors and accompaniments; and this the more especially as, in so far as we have been able to discover, these are scattered over a variety of rare and expensive books, or unprinted records, which may be regarded as nearly inaccessible to the great bulk of the community. These are of peculiar value as explanatory of the entire chain of events during the period referred to; and they exhibit by much the most authentic record of the proceedings of all the parties concerned in these transactions; thus furnishing a body of information which cannot be found in any single or separate work on the era of which we treat. It may be proper to mention the chief sources whence these documents are derived.

1st, In 1639 a work was compiled by Dr Balcanqual, Dean of Durham, at the desire and under the auspices of King Charles I., as a vindication of the policy which he had pursued with reference to the affairs of Scotland in the previous and preceding years, and being published by Royal authority, may be considered as the King’s own statement of his case in these unhappy differences with his subjects. It is tituled—“A Large Declaration concerning the late tumults in Scotland, from their first originalls; together with a particular deduction of the seditious practices of the prime leaders of the Covenanters; collected out of their owne foule acts and writings, by which it doth plainly appeare, that Religion was onely pretended by these leaders, but nothing lesse intended by them—BY THE KING. London: Printed by Robert Young, his Majesties Printer for Scotland, Anno Domini M.D.C.XXXIX.” From this source many of the following documents are gleaned; and although the statements and argument founded on these documents are coloured so as to serve the party whose cause it advocated, a commendable impartiality is shewn in the publication of the main acts and writs of the adversary.

2dly, The next depository whence we have drawn these documents is a work of Bishop Burnet’s:—“The Memoires of the Lives and Actions of James and William Dukes of Hamilton, &c., in which an account is given of the Rise and Progress of the Civil Wars of Scotland, &c., from the year 1625 to 1652, together with many Letters, Instructions, and other papers, written by King Charles I., never before published; all drawn out of or copied from the originals.” Printed by the Bookseller to the King. (Charles II.) 1677.

3dly, The only other authority to which it is necessary to refer particularly is:—“The Historical Works of Sir James Balfour of Denmylue and Kinnaird, Knight and Baronet, Lord Lyon King at Arms to Charles I. and Charles II., published from the original MS., in the Library of the Faculty of Advocates,” (by M. D. Haig, under Librarian,) in 1824. This, like the others referred to, is a work of high authority, and abounds with much curious and minute information.

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_Petition to the_ KING _from the_ CLERGY _of_ SCOTLAND.

29 May 1633.

Griuances and Petitions concerning the disordered Estaite of the
Reformed Kirke within this Realme of Scotland, presented vpon the 29
of Maij, 1633, by me, Master Thomas Hogge, Minister of the Euangell,
in my auen name, and in name of others of the ministrie lykwayes
greiued, to Sʳ Johne. Hay, Clerck of Register, to be presented by him
to such as ought, according to the order appoynted, to consider them,
that therafter they may be presented to his Maiesty and Estaites,
wich wer to be assembled at this ensewing parliament.

The opportunity of this soleme meitting of your gratious Maiesty, and the honourable Estaits conweined in this heighe courte of parliament, and the concience of our deutey to God and the reformed kirk within this realme of Scotland, quher wee serue by our ministerey, constrains ws to present, in all humility, to your heighnes and estaites presently assembled, thosse our just griuances and resonable petitions follouing:

First, Albeit, vote in parliament was not absolutly granted to ministers, prowydit to prælacies, bot only wpon suche conditions as his heighnes, of happy memorie, and the general assemblies of the kirke should aggree vpon, wich is euident by the remitt and prouision expressed in the acte of parliament holdin at Edinbrughe, in December, 1597; and albeit the maner of ther election and admissione to the office of commissionarey, and the particular conditions and cautions to be obserued by ministers votting in parliament, in name of the kirke, after long disputation wer aggreid vpone by his Maiesty present in persone, and the generall assembley, and wer apponted by them to be insert in the bodey of the acte of parliament, wich was to be made concerning that purpois. Some ministers notwithstanding haue beine, and are admitted to vote in parliament in name of the kirke, als absolutly as if the acte of parliament did conteine no suche reference; and as if his Maiesty, with the gen: assembley, had not aggreid wpone the maner of ther election or admissione to the office, or vpone aney limitations quherby the kirk hath susteined grate hurte and preiudice in her liberties and præulidges, and especially by ther frequent transgressing the first of the conditions, altho grounded wpone the werey law of nature and nations;—that nothinge be proponid by them in parliament, counsell or conuentione in name of the kirke, without expresse warrant and direction from the kirke, vnder the paine of deposition from ther office; nather shall they keepe silence nor consent to the said conuentions to aney thing that may be præiudiciall to the libertie and weell of the kirk, vnder the said paine.

And the second, that they shall be bound at eurey gen: assembley, to giue a compte anent the discharging of their commissione, since the assemblie præceiding, and shall submitt themselues to the censure, and stand to ther determinatione quhatsoeuer, without appellatione, and shall seike and obteine ratificatione of ther doinges at the said assembley, wnder the paine of infamie and excommunicatione.

Therfor, our humble supplication is, that the executione of the actes of parliament, off materes belonging to the kirke, to wich they haue wotted in name of [the] kirke, without aney authority or allouance of the generall assemblies of the kirke, be suspendit till that the kirke be hard; and that in tyme coming ministers haue no otherwayes vote in parliament, bot according to the prouisione of the acte of parliament, and the order of ther entrie to the office of that commissionarey and limitation forsaid, aggreid one, as said is.

2. Seinge ratifications of actes and constitutions of the kirke, cannot be construed to be a benefitt or fauor to the kirke, wnlesse the ratifications passe according to the meining of the kirke, and the tennor of the saides actes and constitutions, without omission, addition or alteration of clausses, artickells or wordes of importance; and that in the ratificatione of the acte of the assembley holdin at Glasgow in Aᵒ 1610, wich past in parliament haldin at Edinbrughe, 1612, wnder the name of explanatione of sundrie clausses and artickells, wer omitted out of the same.

At the subiection of bischopes in all thinges concerning ther lyffe, conversatione, office and benefice to the censure of the gen: assembley;

The censure of bischopes, in caisse they stay the censure of excommunicatione;

The continuing of the exercisse of doctrine weeiklie;

The necessity of the testificat, and assistance of the ministrie of the boundes, for the admission of ministers, and other clauses and artickells are addit and insert, as the different degrees of archbischopes and bischopes;

The pouer of giuing colation of benefices granted to bischopes;

The disposing of benifices fallinge in ther handes jure deuoluto;

The appoynting of moderators in diocesian synodes, in caisse of ther absence, and some wordes of the othe are changed. By all wich omissions, additions and alterations, the kirk hathe susteined, and doeth susteine, grate hurte in her jurisdictione and discipline. Our humble desyre therfor is, that the kirke may be liberat from the preiudice of thosse omissions, additions and alterations of the acte foresaid.

3. Notwithstanding the generall assembleyes haue beine holdin from the tyme of reformation till the zeire 1603, at least once in the zeire or oftner, _pro re nata_; prouinciall synods tuysse in the zeire; weekly meittinges for exercisses and presbetries, eurey weeke, for matters to be treatted in them respectiue, and ther liberties wer ratified in parliament in Aᵒ 1592, and by that, as a most pouerfull meine, blissed be God, peace and purity of religion wer manteined: and in the assembley holdin at Glasgow, 1610, quhen commissioners, votters in parliament prowydit to prælacies, wer made lyable to the censures of the generall assembley, it was acknowledged, that the necessity of the kirke craued that ther should be zeirlie generall assemblies, and the ministers wer then assured, that liberty wold be granted vpon ther requyste, quherby they wer induced to condescend so far to the acte then made as they did; wich acte also beareth in the wercy entrey thereof, a requyste to his Maiestie, that generall assemblies may be holdin, in all tymes coming, once in the zeire, or precisely at a sett and certaine tyme; neuerthelesse the wounted libertie of holding general assemblies is suppressed; the order of the prouinciall synods confoundit; presbeteries in a grate pairt disordered and neglected, quherby diuisions haue entred into the kirke; ministers are become negligent of their callinges, and scandalous in ther liues; the godlie are heartily greiued, the weeake are scandalized; erroneous doctrine is deliured in kirkes and scooles without controlment; the commissioners votters in parliament lay untrayed and vncensured; and atheisme and poprie incresse. Our humble desyre is, therfor, that the actes of parliament made in fauors of the assemblies of the kirke, and especially the acte of parliament made at Edinbrughe in Junij, 1592, be rewissed and ratified.

4. Notwithstanding the obseruatione of fæstiuall dayes, priuat baptisme, priuat communione, Episcopall confirmatione of children, haue beine reiected by this our reformed kirke, since the begning of the reformation, and it hath beine declared by acte of parliament, in the zeire 1567, that such onlie wer to be acknouledged members of this reformed kirke, as did participat of the sacraments as they wer then rightly ministred, wich was without kneeling in the acte of receauing the sacramentall eliments of the supper, or immediat dispensing of the same to eurey communicant by the minister; and that it was statute and ordained, in the same parliament, that all Kings should giue ther othe at ther coronation, to manteine the religion then professed, and that forme of ministratione of the sacraments wich then was wssed. Neuerthelesse, pastors and people adhearing to the former professione and practisse, are nicknamed Puritans, and threttned not only without aney good varrant, bot besyde the tennor of the acte of Perths assemblie, wich contineth no stricke iniunction, and contrarey to the meining of the wotters, and to the proceidings of that assemblie, wher it was professed that non should be pressed with obedience to the acte.

Therfor, wee humblie intreat, that by ratification of the actes of parliament made befor that assemblie, and by suche wayes as shall seime good to your gratious Maiesty, and honourable estaites assembled, your Maiesties good people, pastors, and professors, may bothe be purged from suche asspertions, and may be freed from all dangers and feares wich may occurre by occasione of that acte of Perth.

5. Albeit it be determined by the generall assemblies of this our reformed kirke quhat othes ministers should take, at the tyme of ther admissione or ordination, zet ther is a new forme of othe dewised and wrged by the admitters, or ordainers wpon intrants to the ministrie, togider with subscriptione to certaine artickells dewysed by them, without direction or warrant from aney assemblie of the kirke, zea, or acte of parliament; quherby the entrey to the ministrie is shutte upon the best qualified, and others lesse able are obtruded vpone the people, to ther grate greiffe and hazard of ther soulles. Our humble petition therefor is, that suche othes and subscriptiones, wrged vpone ministers at ther entrey ore transportation, be discharged.

6. Notwithstanding ther be constitutions of the kirke, and lawes of the countrie for censuring of ministers befor the ordinarey judicatories ecclesiasticall, zet contrarie to that order, ministers are suspendit, silenced and depriued, and that for matters mearlie ecclesiastisall, before wther judicatories wich are not established by the authoritie or order of the countrie and kirke. Therefor, our humble petition is, that ministers deseruing censure, be no wtherwayes censured then the order of the kirke doeth prescriue, and that such as are otherwayes displaced, be suffred to serue in the ministrie as off befor.

The presenter attendit in Edinbrughe, to compeire, if neid wer, befor such as wer to conweene to consider the artickells and petitions wich wer giuen in to the Clercke Register; but ther no appeirance of anney such conwentione; the ministers therfor directed the said Mr Thomas Hogge to present the supplicatione follouing to his Maiesty, wich he did at Dalkeith castle, wpone the 15 day of Junij; that same day his Maiesty was [to] make his entrey into the cittey of Edinbrughe. The petitione was thus:—

This happey occasione, with stronge desyres longe waitted for by your Maiesties most humble and louing subiects, the pastors and professors of the reformed religion, within this your Maiesties kingdome of Scotland. The grate fame wich haue oftin filled our eares of your Maiesties most pious and princely inclination to religion and richteousnesse, quhence this kirke and kingdome, from ther singular intresse in your Maiesties birth and baptisme, haue resone at this tyme to looke for a comfortable influence; the bodey of this kingdome ioyning in hearte with ws, and onlie waitting for the least word from your Maiesties mouthe; the conscience wich we haue, and wich wee trust is manifest to all men, that wee ar seeking nather riches nor honor to ourselues, bot that the soume and substance of our desyres is, to procure the aduancement of the kingdome of Jesus Christe, and to see your Maᵗⁱᵉˢ flourishing estait in your kingdomes; all thesse and eache of them moue ws to intreat, in all humility, your gratious Maiestie to be fauorable to our petitions, wich we haue deliuered to the Clerck of Register, to be presented to your Maiesty and estaites of the approaching parliament, that they may be considered and receave a gratious anssuer.

His Maiesty read this petition at lenth, zet ther was no more hard
of ther griuances, ather among the Lordes of the artickells, or in
opin parliament, (quher nothing cometh in votting bot that wich first
must passe the Lordes of the artickells,) and wsually quhat passes
throughe ther handes, is concludit by the quole estaits in publick.
Not only wer the griuances of the ministers suppressed, bot lykwayes
all former actes concerning the complained offe corruptions In the
kirke wer ratified. Howbeit, it was notoriously knowen, that most
of thesse actes had wroght grate disturbance in this kirke. And now
the actes of this parliament (an I haue formerly showen,) layed the
fundatione of ane irreconcilable schisime, and proued afterwardes the
ruine bothe of King and bischopes.[25]

* * * * *

1636.—October 18.

2. _Letter from the King to Spottiswood, Archbishop of St Andrew’s, Lord Chancellor of Scotland, and Chancellor in Council and Session._[26]

CHARLES Rˣ,

Right Reuerend Father in God, &c. quher as, since our entrie to the croune, especially since our laite being in that kingdome, wee haue diuersse tymes recommendit to the archbischopes and bischopes ther, the publishing of ane publicke forme of seruice in the worschipe of God, quhilke wee wold haue vniformally obserued therin, and the same being now condescendit wpone, that wee doubte not bot all our subiects, both clergie and others, will receaue the samen with suche reuerence as aperteinethe; zet thinking it necessarey to make oure pleassure knowen tuoching the authorisinge the booke therof, we requyre you to command, by opin proclamatione, all our subiectes, both ecclesiasticall and ciuill, to conforme themselues in the practisse therof, it being the onlie forme of worschipe quhilk wee, hauing takin the counsaill of our cleargie, thinke fitt to be wssed in Gods publicke worschipe ther. As also, we requyre you to inioyne all archbischopes, bischopes and wthers, presbiters and churchemen, to take caire the samen be deulie obserued, and the contraweiners condinglie censured and punished, and to giue order that eurey paroche procure to themselues, within suche ane space as you shall be pleassed to appoynt, tuo at the least of the saides bookes of comon prayer for the wsse of the said paroche, quherin ze will doe ws most acceptable seruice; and for the quhilk thesse presents shall be your warrant. Wee bid you fairweell, from our courte at Newuarke, 18 Octobris, 1636.

* * * * *

1636.—December 20.

3. _Act anent the Seruice Booke._[27]

Apud Edinburgh, 20 Decembris 1636. Sederunt.

Chancellor.
Thesaurer.
Glasgow.
Dumfrees.
Angus.
Binning.
Napier.
Depute Treasʳ.
Clerk-Regʳ.
Advocat.
Justice-Clerk.

Forsamekle as the King’s Maiestie euer since his entrie to the imperiall goverment of this his ancient Kingdome, especiallie since his late being their, hes diverse times recommendit to the Archbishops and Bishops their, the publishing of a publict forme of service in the worship of God, whiche his Maiestie would haue vniformelie observed in this kingdome; and the same being now condescended upon, although his Maiestie doubts not bot all his Maiesties subjects both clergie and others, will receave the said publict forme of seruice with such reuerence as appertaineth; butt his Maiestie thinking it necessair to make his pleasure knowen twiching the authorizing the booke thairof; Therefore the Lords of his Maiesties Privie Counsell, according to his Maiesties speciall warrand and direction, ordains letters to be direct, to command and charge all his Maiesties subjects, both ecclesiasticall and civill, be open proclamation at the Mercat Croses of the heid burrowes of this kingdome and other places needfull, to conforme themselffs to the said publict forme, qˡᵏ is the onlie forme qˡᵏ his Maiestie, having takin the Counsell of his Cleargie, thinkes fitt to be used in Gods publict worship heir: Commanding heirby, all Archbishops and bishops, and others presbyters and churchemen, to take a speciall care, that the said publict forme of worship be dewlie obserued and obeyed, and the contraveaners condinglie censured and punished, and to have a speciall care that euerie Parish betwixt and pasche next, procure unto thameselffs twa at the least of the saids bookes of Common Prayer, for the use of the Parish.

Followes his Maiesties Missive for warrant of the Act abouwritten.

CHARLES Rˣ.

Right Reuerend father in God, right trustie and weill belouit Cousins and Counsellors, right trustie and trustie and belouit Counsellors, We greit you weill. Whereas since our entrie to the crowne, especiallie since our late being in that Kingdome, we have diuerse times recommended to the Archbishops and bishops there, the publishing of a publict forme of seruice in the worship of God, whiche we would haue vniformelie obserued therein; and the same being now condescended vpon, thogh we doubt not bot all our subjects, both clergie and others, will receaue the same with such reuerence as appertaineth: yitt thinking it necessarie to make our pleasure knowne, tuiching the authorizing of the booke thaireof, We require you to command, by opin proclamation, all our subjects, both ecclesiasticall and cevill, to conforme thamselffes in the practise thairof, It being the onlie forme which We, having takin the Counsell of our Clergie, thinke fitt to be used in God’s publict worship there; as alsua we require you to injoyne all Archbishops and Bishops, and other Presbyters and churchemen, to take care, that the same be dewlie obeyed, and the contraueaners condignlie censured and punished, and to take order that euerie parish procure to thameselffes, within such a space as yow shall thinke fitt to appoint, two at least of the saids bookes of Common Prayer for the use of the Parish; wherein you will doe us most acceptable seruice, and for which these shall be your warrant. We bid yow farewell, from our Court at New Mercat, 12 of October 1636.

* * * * *

1637.—March 14.

4. _Act of Council anent the new Psalmes._[28]

Apud Edinburgh 14 Martii 1637.—Sederunt.

Chancellor. Dumfreis. B. Brechin.
Thesaurer. L. Bining. L. Naper.
B. Glasgow. L. Alexander. Clᵏ Regʳ.
Mar. B. Gallaway. Advocat.
Winton. B. Aberdene. Justice.
Seafort. B. Ros. Justice-Clerk.

Forsamekle as the late Psalmes have, by authoritie of the King his Maiestie, and the clergie of this kingdome, bene altered, revysed, and approvin, so that now his Maiestie, according to his pleasure, formerlie signified, for receaving of the said Psalmes, is fully resolved to have that warke goe on for the good of the church and memorie of the author; Therefore the Lords of Privie Counsell, according to his Maiesties expresse will and pleasure signified unto thame be writt, hes discharged, and, be the tennor of this present act, discharges all farder impression of the old psalmes, as alsua the inbringing of the same from England or ellis wyes, to the intent the new psalmes may be imprinted and generallie receaved and sung in all the churches of this kingdome. And the said Lords hes recommendit, and be the tennor heirof recommends to the Archbishop of St Andrewes, Lord High-Chancellor of this kingdome, to call before him, or before the Provest and Bailleis of burrowis, the whole printers and stationers within this kingdome, and all others whome this mater may concerne, and to intimat unto thame, this present act and ordinance, and to require thame and everie ane of thame, to conforme thameselffes and give obedience thereanent, under the paine of confiscation of the whole bookes which sall be prented or imported agains the tennor of this act, and ordines letters of publication to be direct thereupon, if neid beis, in forme as effeirs.

Followes his Majesties Commission for warrant
of the act abouewritten.

CHARLES Rˣ.

Right reuerend father in God, &c. Whereas the late psalmes haue, by authoritie from us and the Clergie of both Kingdomes beene altered reuised and approved, We now, according to our pleasure formerlie signified for receaving thame in the church of that Kingdome, being fully resolved to cause that work goe on for the churches good and the authors memorie; It is our expresse will and pleasure, that according as you sall thinke fitt, you suffer no further impression to be made of the old psalmes, and that yow give such orders as yow sall find necessarie and which is in yower power, for printing and receaving of the new, to be generallie receaved and sung, in all the churches of this said Kingdome; and to that effect that yow give to our clairgie, (to whome we have written at length twiching the same) what strenth and authoritie you sall finde necessarie and can be grantit by yow, Quherein expecting frome you a readie performance, both by yowr owne good example and otherwayes, whereby we may finde the effects of your paines and affection to our forme, in this, whereof we will take as most acceptable service done unto us, and for whiche, these presents sall be your warrant. We bid yow farewell, from our Court at Whitehall, the 3 of Februarie 1637.

* * * * *

1637.—June 13.

5. _Act anent Seruice bookes._[29]

Forsamekle, as by act and proclamation, made and published heretofore, it was commandit and ordained, that everie Presbyterie within this kingdome should have had a care that their parochinies sould have beene furnished and provydit, betwixt and pasche last, with twa of the buikes appointed to be universallie receaued throughout this kingdome, for the publict forme of Service in the worship of God, as in the act and proclamation made to this effect at lenth is conteinit. Quhairunto, altho’ great numbers of the ministrie of best learning and soundest judgement and gifts, hes given dewtiefull obedience, and hes conformed thameselffes to his Maiesties royall will and pleasure in this point, yitt there is some others of the ministrie who, out of curiositie and singularitie, refuse to receaue and embrace the said booke, and does what in thame lyes to foster and enterteyny destractioun and troubles in the Kirk, to the disturbing of the publict peace thereof, without remeid be provydit; Thairfore, the saids Lords ordains this to be direct, charging the whole Presbyters and Ministeris within this kingdome, That they and euery ane of thaime provide and furnishe themselffes, for the use of thair Parishes, with twa of the saids bookes of publict formes, or commoun prayer, within fyfteine dayes next after the charge, vnder the paine of rebellion and putting of thaime to the horne; and if they faillie, to denunce, &c. and to escheet, &c.

* * * * *

1637—July 28.

6. _Act anent Seruice Bookes._[30]

Apud Edinburgh, 28 July 1637.

Chancellor. Dumfries. B. Ros.
Thesaurer. L. Lorne. B. Brechin.
Glasgow. L. Alexander. L. Deskford.
Priuie Seale. B. Edinburgh. L. Naper.
Winton. B. Gallaway. Clerk-Regʳ.
Wigton. B. Aberdeen. Justice-Genᵃˡˡ.
Kinghorne. B. Murray. Deputie-Treasʳ.

The Court of Secret Counsell having heard the Prouest and Bailleis of Edʳ tuiching the proposition made be thaime, and course takin conforme thereto, for a peaceable exercise of the service-booke, and securitie of the personis imployed, or who sall be present and assist at the pratise thairof; the Lords ordains the Provest and bailleis to advyse amongs thaimselffs anent ane obligatorie act to be given be the toun for the reall performance there, so that they sall undertake in the bussines aboue mentioned, and allowes thaime to publishe, by touck of drwm, the ordars to be established be thame for keeping of thair toune in peace and quyetnes, and preventing of all trouble and commotioun within the same.

* * * * *

1637.—July 29.

7. _The Clergies’ Report anent the Seruice Booke._[31]

Apud Edʳ 29 July 1637, in the Chanʳˢ loodging—Sederunt.

Chanʳ. Kirghome. L. Deskford.
Theasʳ. L. Alexʳ. Clᵏ Regʳ.
Priuie Seal. B. Gallaway. Justice-Generall.
Glasgow. B. Abᵈ. Blackhall.
Wintown. B. Brechine.

The whilk day the Archbishop of Sᵗ Andrewes, Lord High Chanʳ of this kingdome, for himselfe and in name of the remanent bishops, reported to the Counsell, That, in regaird of the late trouble and insurrection raised upon Sunday last, for opposing the service-booke, and upon new emergent occasions and considerable respects, It was thought fitt and expedient be thaime, that there should be a surcease of the service-booke till his Maiestie sould signifie his pleasure twiching the redresse and punishment of the authors and actors of that disorderlie tumult, and that a course be sett down for the peaceable exercise thairof, to the glorie of God, his Maiesties honour, and the good of this Citie; and in the meane time, to the effect his Maiesties good and loyall subjects be not defrauded of the comfort of the word, the saids bishops had appointed and given order that, in the whole churches of this Citie, sermon sall be made at the accustomed times, by regular and obedient Ministers, and that a prayer sall be made before and after sermon, and that neither the old seruice nor the new established seruice, be vsed in this interim: Whiche report and conclusion, takin be the saids bishops being heard be the Counsell, they remitted to thaime to doe therein according to the power incumbent unto thame in the dewtie of thair office.

* * * * *

1637.—August 4.

8. _His Maiesties Missive anent the uproare._[32]

Apud Edinburgh, 4 August 1637—Sederunt.

Chancellor. Ammondaill. B. Brechin.
Theasurer. Dumfries. Clerk Regʳ.
Glasgow. Southesk. Justice-Generall.
Priuie Seale. L. Lorne. Depute-Treasʳ.
Winton. L. Alexander. Aduocat.
Wigton. B. Edinburgh. S.R. Gordon.
Kinghorne. B. Gallaway.

The whilk day, the Missive Letter underwrittin, signed be the Kings Maiestie, and produceit to the Lords of Priuie Counsell, was presented to the saids lords, and read in thair audience, of the qˡᵏ the tennor followes: CHARLES R. Right reverend father in God, and right trustie and weil-belouit cousines and counsellors, and right trustie and weilbelouit Counselors, and weil-belouit, We greit yow weill. Having vnderstood that, in the churche upon Sunday last, when the forme of divine seruice appointed to be receaued was begun to be read in the churche, a number of rude and base people, did rise and behave thaimselffes in a most tumultuarie manner, both within and without the churche, as We doe not doubt, but hath beene particularlie made knowne to yow all, whiche is so barbarous, disorderlie, and evil, both in it selfe, and by the example, that it doeth deserve to be severelie punished: It is our pleasure, that yow use yowr best endeavours to examine, who ar authors or actors in that mutenie, and that yow faile not to punishe them that sall be found guiltie thairof, as yow sall find thaime to deserve; and lykeways that you communicat with the clergie, by strengthening thaime in that whiche our authoritie conferred upon yow, may contribute unto thaime for setling the said forme of divine service, both in the said toun and other parts, as they frome time to time sall require your helpe, which we verie speciallie expect frome yow, and so doe bid yow heartilie farewell, frome our Mannor at Oatland, the 30 of July 1637. Whilk Missive being read, heard, and considered be the saids Lords, and they advised therewith, the Lords of Secret Counsell ordains the persons who ar delate guiltie of the said mutinie, to be putt to the tryall and punishment.

* * * * *

1637.—August 5.

9. _Act anent Seruice Bookes._[33]

Apud Edinburgh 5. Augusti 1637. Sederunt.

Chancellor. Dumfries. Clerk-Regʳ.
Thesaurer. L. Alexander. Justice-Genᵃˡˡ.
Glasgow. B. Edinburgh. Deputie Treʳ.
Priuie Seale. B. Gallaway. Aduocat.
Wintown. B. Brechin. S. R. Gordoun.
Amondaill.

The qˡᵏ day the lords of the clergie hauing remonstrat to the lords of Priuie Counsell, That for the glorie of God and more decent performance of his divine seruice, and for securing the persons to be imployed for officiating the same, That the toun Counsell of Edinburgh attend upon and meit with the Bishop of Edʳ, and conferre and resolue with them anent the conveniencie of time when the service shall begin, and what the assurance to be giuen be thaim for indemnitie which these who sall be imployed in the service; and, in the meane time, that the ministers sall preache in the subsequent weeke upon the ordinar dayes, without service, and choose pertinent texts for disposall of the peoples myndes to ane heartie embracement of the service booke, and for cleering and removall of all prejudices and mistakes that may be conceaved upon or concerning the saids bookes: Which proposition being considert be the saids Lords, and they finding thaire desire to be reasonable, and being willing to contribute thair best assistance for strenthening the clergie to settle the service booke, The Lords allows of their proposition, and accordinglie ordains the provest and bailleis of Edinʳ to meet with the Bishop of Edinʳ, and to joyne and concurre with him in all and euerie thing that may concerne the provyding of readers for the same, and preparing of all things necessar and belonging thereto, and that they give assurance for indemnitie of the Church ministers, and peaceable behaviour of the inhabitants within thair citie: Quhilks intimation wes made to Andro Ainslie and Johne Smith, bailleis of Edinburgh, whame the Lords required to signifie their ordinance to the toun Counsell, and to make report to the Bishop of Edinʳ of thair diligence, and what thay will undertake and be ansrable for with all convenience.

The Lords of Secret Counsell having heard the request of the most pairt of the clergie present, that the service bookes cannot be orderlie usit in the Kirks of Edinʳ the morne, the saxt of this instant, for want of a sufficient number of readers to officiat the same, and others difficulties attending therein, and that the same cannot convenientlie be done before Sunday come eight dayes; and the said Lords of the Clergie having lykewise declared that they have resolved that the said service shall begin upon Sunday come eight dayes, and from thenceforth continew, and, withall, having desired that the toun Councill of Edʳ be callit and order given to thame for the peaceable exercise of the said seruice booke, and that the said Lords would interpone their authoritie thairto; Which, being heard and considerit be the said Lords, they allowed of the course taken be the clergie, and interponed and interpons their authoritie to the same, and accordinglie callit for Andro Ainslie and Johne Smith, bailleis of Edʳ, whome they required to signifie this their ordinance to the Toun Counsell of Edinʳ, and to see the dew performance and obedience of the same.

* * * * *

1637.—August 25.

10. _Extract Bill of Suspension for Alex. Henderson and Others._[34]

The 3 ministers that wer charged with thesse letters, wer Mr Alexander Hendersone, minister of Leuchers; Mr James Bruce, minister at Kingesbarnnes; and Mr George Hamiltone, minister at Newbirne. They for themselues, and in name of the remanent ministers of the kingdome, did suplicat, in all humility, the Lordes to grant to them a suspensione of the said charge, for thesse followinge reassons:—

First, Becausse the said seruice booke is not warranted by the authority of the generall assemblies, wich is the representatiue kirke of this kingdome, and hath euer since the reformatione giuen directione in matters of Gods worschipe, nor be aney acte of parliament (wich in thinges of this kynd) hath euer beine thought necessarey by his Majesty and estaites.

Secondlie, Becausse the liberties of the trew kirke, and the forme of worschipe and religion receaued at the reformatione, and vniwersally practissed sinsyne, is varranted by actes of generall assemblies, and diuersse actes of parliament, 1567, and of the lait parliament, 1633.

Thridlie, The kirke of Scotland is ane independent kirke, and her auen pastors should be most able to decerne and directe quhat doe best seime our mesour of reformatione, and quhat may serue most for the good of the people.

Fourtlie, It is not wnknowen to your Lordschipes, quhat disputing, diuisione and trouble, hath beine in this kirke aboute some few of the maney ceremonies contined in this booke, wich being examined, as wee shall be redey at a competent tyme assigned by your Lordschipes to shaw, will be found to depairt far from the worschipe and reformatione of this kirke, and in poyntes most materiall for the kirke of Rome, for hir hierarchie and doctrine, superstitione and idolatrie in worschipe, tyranie in gouerniment and in wickednesse, eurey way als antechristian now, as quhen it cam out of her.

Fyftlie, The people hath beine otherwayes taught by ws, and our prædicessors in our places, euer since the reformatione; and so it lickly they will be found, wnwilling to the change quheneuer they be assayed, euen quhen ther pastors are willinge, in respecte quherof the saides letters of horneinge, haill effecte and executione, aught to be simpliciter suspendit in tyme coming.

_Deliverance thereon by Council._[35]

The Lords of secret counsaile, wnderstanding that ther hes beine a grate mistaking in the letters and charges giuen out wpone the acte of counsaell made anent the buying of the seruice bookes, The said Lords for removing and clearing of all such simplie declares, that the saide acte and letters extend allainerlie to the buying of the said bookes, and no further. Giuen at Edinbrughe, 25 of Aguste, 1637.

* * * * *

1637.—August 25.

11. _Letter from the Privy Council to the King._[36]

MOST SACRED SOUERAINGE,