Chapter LXXXI: Appendix (5)

Much about the time of his Majesty’s landing, certain intelligence came of Cromwell’s advance, which induced a necessity of reinforcing their standing army, consisting of 2,500 horse and 3,000 foot. Much debate it had in Parliament, and was much opposed by Warriston, Scheesely, Swinton, and others of that party; but the certain news of his Majesty’s arrival cooled their courages at that time; and so the Act of Levies past, consisting of above 30,000 horse and foot throughout the kingdom. This being done, a list being sent them (by that zealous brother Geffery, one of the Commissioners) of the persons that came over with his Majesty, as well his servants as others. They presently voted all of them from him but the Duke of Buckingham, Mr Seymour, Dr Frazer, and Mr Rodes; and so the Parliament adjourned to the 15ᵗʰ of August leaving a committee to rule in the interim. Two or three days after, the Marquess of Argyle, the Earls of Boclough and Weymes, Warriston, Cheesely, with the ministers Dick, Guthery, and others of the Committee came, and (having, it seems, power to that purpose,) they mitigated somewhat of the rigour of the former vote; for they only excluded the Lord Wilmot, Mr Secretary Long, Mr Harding, and Mr Oudart from Court, until they were otherwise disposed by Parliament; but banished out of the kingdom within eight days after the publication, either at Dundee or Aberdeene, the Earl of Cleveland, and his son the Lord Wentworth, (who had deserved better of them,) the Lords of Widrington and Grandison, Sir Philip Musgrave, Sir Edward Walker, Mr Progers of the Bedchamber, Collonel Darsy, Collonel Grey, (though absent in Holland,) Collonel Boynton, Major Jackson, and Dr Gough. The first four, to shew their obedience, presently absented themselves; and two of them, the Lord Wilmot and Mr Harding, are again returned to Court, though no publick vote be yet passed in their favour; but the rest being not to expect any from them, and another part of the vote being to have money to transport them, did not remove themselves. Hither many of the Nobility Engagers and others came, but with difficulty were admitted to kiss his Majesty’s hand, and not suffered to stay any time. Among others, the Earl of Cornwarth, who coming into the Privy Chamber, and being told by the Marquess of Argyle, it was a great presumption to come thither being in his condition, he went to his Majesty, told him Friends must part, and wished and hoped he had none about him less faithful to him than himself. Then turning to Argyle, he told him—This is your doing; but I value it not. Then, coming into the presence, he applied himself to the Earl of Cassels, standing on the one side of the Cloth of State, Warriston and Cheesely standing on the other. By this time, notice was given what had passed within, and Mr Wood, the minister, one of the Commissioners in Holland, beckned to him to come away, which he presently did; and coming to him said, Sir, God, I hope, will forgive me—will not you? But Mr Wood turned from him in disdain, giving him never a word; upon this, the Earl of Cornwarth went out. In the interim, Warriston and Cheesely called Sir James Balfour, Lyon King at Arms, and gave him order to take the Earl and hang him presently, except he went from Court. Hence you may observe the charity of the Clergy, and the mercy of the Committee to any of the Royal party; since, the Earl being taken at Edenborough, was made prisoner in the Tolbooth, and (for anything I hear) left to Cromwell’s disposition, together with Sir John Henderson; who coming afterwards to Dumfermling, and addressing himself to the Marquess of Argyle, was to have been employed by him to bring over the remainder of the arms from Sweden; in confidence of whose favour, he went to Edenborough, where he was likewise imprisoned. Besides this vote of Banishment, the Committee presented His Majesty an Act of Confirmation of the Treaty, with a recognition of his right and capacity of his executing of His Royal Authority; intimating their intentions of his Coronation at the next meeting of Parliament. But, in the interim, reserving the administration of affairs to the Committee of Estates, who still kept all in their power, except his Majesty’s concurrence with them can add to their advantage, and then they seek it; to this end, they procured His Letters to the several Northern Counties to hasten the Levies.

The Committee having, to their satisfaction, at this time dispatched their business, returned to Edenborough; so did the old General Levin and David Lesley to the Army; from hence, likewise, all the Commissioners that were in Holland went their several ways, none remaining but the Earl of Lothian, and of the Committee, the Marquess of Argyle and his son the Lord Lorne, taking upon them the sole administration of Affairs.

His Majesty having stayed here about fifteen days, went to St John’s Town, [Perth] where he was affectionately received, and, staying there one night, he passed back to Dumfermling, where he rested two, and so went to Stirling. By this time Cromwell was entred Scotland, and, without any opposition, advanced to Musleborough, but six miles from Edenborough. The Scotish army was drawn between Leith and Edenborough, having cast a trench before them. The number, at that time, of either army were equal, each being about 12,000 men, but Cromwell’s, at that time, in much better order and discipline, for the Scotish army, being solely governed by the Committee of Estates and Kirk, took especial care in the levies not to admit any Malignants or Engagers; placing, for the most part, in command, ministers sons, clerks, and such other sanctified creatures, who hardly ever saw or heard of any Sword but that of the Spirit, and with this, their chosen crew, made themselves sure of Victory.

His Majesty having stayed three nights at Sterling, and Cromwell drawing nearer to Edenborough, was, by the good will of the general officers of the army, and the promptness of the Earl of Eglanton (a little before made Collonel of His Majesty’s Horse Guard,) sent for by him to come to the Army. This was done against the sense of the Committee, and it were to have been wished he had not gone, or not given way so much to them, as when he was there to quit his interest and return. So, on Monday the 27ᵗʰ of July, His Majesty, attended by the Duke of Buckingham, the Marquess of Argile, and some few of the Scotish nobility, with his servants, rode to Leith. Before he went, all the banished persons were commanded not to go with him to the army. That evening, His Majesty was received into the army with all the expressions of joy; and, at that instant, Cromwell drew a strong party of horse down even to the trench, and caused a party of the Scots, commanded by Sir James Hacket, to retreat in very great disorder. The next day a strong party of horse, commanded by Collonel Mountgomery, son to the Earl of Eglanton, fetching a compass, fell into Cromwell’s quarters about Musselborough, routed six or eight partys of horse, forced (as ’tis said) Cromwell, himself, in his drawers, to take his horse and pass over the river. Lambert was hurt in the action, and some slain, and ’tis as probable that, if Mountgomery had been seconded, he might as well have ruined Cromwell’s army as he did after the Scotish army; but in the retreat, being in disorder, he lost some men and all his prisoners....

By this time the army was much encreased, many Malignants and Engagers having gotten into command, His Majesty high in the favour and affection of the army, which was then more evident by the souldiers having, in the late action, made an R with chalk, under the Crown, upon their arms, and generally expressing the goodness of their cause, now they had the King with them. This startled the Committees both of Kirk and State, who cried out that the quarrel was changed and the cause of God neglected; and so divers arguments were used to remove His Majesty from the army, as the danger of his person, the multitude of people out of order by reason of his presence, want of provisions; and, ’tis reported, the Committee declared that, if he would not retire, they would act no more; and so, much against his will, he was persuaded, on Friday, the second of August, to pass over the Forth to Dumfermling.

Presently the Committee commanded away all Malignants and Engagers, and so lessened the Army of three or 4000 of the best men, and displaced all officers suspected, concluding then they had an army of saints, and that they could not be beaten, for so their lying prophets daily told the people out of the pulpit. Besides, the Gentry out of the Mers and Tividale, who offered to offend Cromwell’s rear, were, on pain of forfeiture, forbidden to embody themselves, or to attempt anything on him, but to come away and leave all to his power. And I have been assured by persons of great honour and integrity, that offers were made by considerable persons of the Malignant and Engaging Parties, that they would raise another army, that in case this were beaten, to take up the quarrel, and, in the interim, to give their wives and children in hostage; that, if this was victorious, presently to lay down arms, or, at least, that they might come into the army and have the van against Cromwell; but neither would be accepted. The prevailing party, to colour their malice and fear of them, (should they get any power,) by their instruments, the Ministers, declaring against them, and terming the sin of malignancy a sin against the Holy Ghost; that it was better to fight their enemies with a handful of elect and godly people than with mighty arms, loaden with that sin, which, like Acan’s wedge, would surely be the cause of their destruction.

About a week after, Cromwell rose hastily in the night, and marched back; he was as far as Haddington before the Scotish army took notice of his motion; thence he went to Dunbarr. This occasioned several reports and conjectures, but none proved true. The Scotish army followed him, not expecting orders from the Committees.

In the interim, a Guard of two companies of foot, under the command of the Lord Lorne, Argyle’s son, was, for honour’s sake, appointed to attend the Court. These are those who, when all the Scots in the north of Ireland declared to join with the Marquess of Ormond against the murtherers of the late King, refused and came home to Scotland, where they are well treated, and put into the Lord of Lorne’s regiment.

Presently after the large Declaration ensuing was either brought his Majesty by Warriston and Berkley from the State, and Douglas and Guthery from the Kirk, or else, (if he had it before,) they then came for his answer. His Majesty, at that time, positively refused to sign it, and they most peremptorily pressed to have it passed _in terminis,_ without any variation, how barbarous and unchristian soever the expressions were therein in relation to the late glorious King. They staid but one night, and so went away to Edenborough and Sterling, where, the next day being Sunday, they thundred out against the King, that they were deceived in him—that he was the very Root of Malignancy, and an utter enemy to the kingdome of Christ; and the Covenant which he had taken was only to gain his ends; and that they must take heed of him and the heathen people about him. Whereupon, on Monday following, the Kirk published the ensuing Declaration, which was approved by the Committee of Estates; and, two days after, three or four of the most zealous of the army, in the name of the rest, exhibited the following Remonstrance, which failed not of an acceptation. And I am assured that both the contrivers and approvers of them were not displeased at his Majesty’s refusal—their ends being thereby to publish their papers, and so to bring his Majesty into the odium of the people and the army; whereby they might more safely treat with Cromwell, and give him assurance of not invading England, (which part of their Resolution is manifest in all their printed Declarations,) and so (if they kept the King amongst them until they could find a way to be rid of him) yet still to assure to themselves the power of Government; for, believe it, they did then and still do more fear His Majesty’s just authority than they do the Conquest by Cromwell.

“Westkirk, the 13th day of August, 1650.”[444]

* * * * *

In the interim, Cromwell having got provisions by sea, returns to his old quarters, and, on the 12ᵗʰ of August, marches on the south side of Edenborough, and encamps on a hill of advantage; his ships likewise pass up the Forth above Leith. The Scots still keep their quarters, the Armys being within three miles of each other.

During his stay there, the Committees, by Swinton and Collonel Carr, sent him their Declaration; and (’tis reported) his answer was that he would not juggle with them; he came for their King: if they would deliver him he would treat, otherwise not. But many believe they were too much of an opinion to have any difference during their negotiations. His Majesty from Dumfermling sends a letter to the Assembly to desire to have some of their number sent him, to satisfie him in point of conscience concerning some parts of the Declaration, and then he would give them satisfaction. What induced him to do it, I cannot say, only the Marquess of Argyle and some of the nearest about him were hourly enforcing the necessity of compliance, and the danger he was in in case he persisted; and possibly making the dangers greater than they would have been had he kept his former resolutions. About four days after, when they had published their papers, been with Cromwell, and the Chancellour and others had harrangued to the army the sence of the Kirk and Committee, which wrought not any great effect, the spirit (though not the body) of malignancy and affection to the King being still amongst them; the Assembly sent two of their number to satisfie His Majesty, who, after many disputes, were at length induced to give way that some expressions, in reference to His late Majesty, should be varied; so His Majesty, upon Friday the 16ᵗʰ of August, signed it, and very late that night came to St Johnstons, being lodged in a house of David Lesley’s, formerly Earl Gowry’s, and wherein the murther was designed to be acted on King James.

Here following, you may read the Declaration,[445] and by it judge if they ever meant it for his Majesty’s good, or whether they have gained or lost by the publishing of it. I am sure many that promised wonders if it were done, and threatned destruction if not, have since found they have, both in Honour and interest, been no gainers by it. And now because it may seem strange to many that His Majesty was induced to sign it, I conceive myself bound in duty, and for His Majesty’s vindication, to offer unto them these following considerations:

First, That necessity had brought him into such hands, as not out of meer loyalty, but for their own interest had seemingly wedded his; and so he was not in a capacity to oppose them.

Secondly, Most of those in power about him, as well English as others, passionately persuaded him to it; laying down the Dangers by his refusal, at the deserting of the army, and probably his own restraint, and an union with Cromwell.

Thirdly, The Ministers made it a matter of conscience and breach of Covenant and Treaty.

Fourthly, It is possible great advantages of power and interest were laid before him to facilitate his compliance; notwithstanding all which, he many days persisted in his refusal until he had got some alterations made in reference to his father. So that, considering the time that it was done in, the importunity that was upon him, and the ill consequences represented in case of his refusal, with the pretended advantages on the contrary. I believe it will be found that few Princes in the like exigent (though of much more years and experience) would have so long resisted so hard and desperate assaults.

* * * * *

_Excerpts from The Secret and true History of the Church of Scotland from the Restoration to the year 1678, by the Rev. Mr James Kirkton._ [_Mr C. K. Sharpe’s edition_, 1817. p. 47, _et seq._]

The Scots, immediatly upon the news of his [King Charles I.] death, proclaim his eldest son King, upon the 5th of February 1649, providing alwayes that he was not to be admitted to the exercise of his government till he should give satisfaction for religion and peace; nor could they make warr upon England for their King, till he and they were at a point, which was not for two years after; but these two years, in my opinion, were the best two years that Scotland ever saw.

For though alwayes since the Assembly at Glasgow the work of the gospel hade prospered, judicatories being reformed, godly ministers entered, and holy constitutions and rules daily brought into the Church; yet now, after Duke Hamilton’s defeat, and in the interval betwixt the two Kings, religion advanced the greatest step it hade made for many years: now the Ministry was notablie purified, the Magistracy altered, and the people strangly refined. It is true, at this time, hardly the fifth part of the Lords of Scotland were admitted to sit in Parliament, but those who did sitt were esteemed truely godly men; so were all the rest of the commissioners in parliament elected of the most pious of every corporation. Also, godly men were imployed in all offices, both civil and military; and about this time the General Assembly, by sending abroad visitors into the countrey, made almost ane entire change upon the Ministry in several places of the nation, purgeing out the scandelous and insufficient, and planting in their place a sort of godly young men, whose ministry the Lord sealed with ane eminent blessing of success, as they themselves sealed it with a seal of heavy sufferings; but so they made full proof of their ministry. Scotland hath been, even by emulous foreigners, called Philadelphia; and now she seemed to be in her flower. Every minister was to be tried five times a year, both for his personal and ministerial behavior; every congregation was to be visited by the presbyterie that they might see how the vine flowrished, and how the pomegranate budded. And there was no case nor question in the meanest family in Scotland, but it might become the object of the deliberation of the General Assembly, for the congregational Session’s book was tried by the presbyterie, the presbyterie’s book by the synod, and the synod’s book by the General Assembly. Likewayes, as the bands of the Scottish church were strong, so her beauty was bright: no error was so much as named, the people were not only sound in the faith, but innocently ignorant of unsound doctrine; no scandalous person could live, no scandal could be concealed in all Scotland, so strict a correspondence there was betwixt ministers and congregations. The General Assembly seemed to be the priest with Urim and Thumim, and there were not ane 100 persons in all Scotland to oppose their conclusions; all submitted, all learned, all prayed, most part were really godly, or at least counterfitted themselves Jews. Than was Scotland a heap of wheat set about with lilies, uniform, or a palace of silver beautifully proportioned; and this seems to me to have been Scotland’s high noon. The only complaint of prophane people was, that the government was so strict they hade not liberty enough to sin. I confess I thought at that time, the common sort of ministers strained too much at the sin which, in these dayes, was called MALIGNANCIE, (and I should not paint the moon faithfully if I marked not her spots,) otherwayes I think if church officers could polish the saints on earth as bright as they are in heaven, it were their excellencie and the churches happiness. But this season lasted not long.

[This poetical historian afterwards makes statements of a similar
character, referable to a period a few years later; but it may not be
much out of place to subjoin them here.—P. 52.]

Immediatly upon the king’s landing, Cromwel invaded Scotland, and the Scottish army levyed for the king being entirely beaten at Dumbar by the English, division entered both state and church, which is not as yet even to this day removed. Here the staff of bands was broken. The cause of this rent was this: After the defeat of Dumbar, the king required a new army to be levyed, wishing earnestly it might be of another mettall than that which hade been lossed. So he desired that sort of people who were called Malignants, his darlings, might be brought into places of trust both in council and army, though they hade been secluded from both by their own consent. And this request was granted both by committees of estates and commission of the church sitting at Perth. But there was a party in both these councils, which alleadged confidently, that though the malignants were content to profess repentance for their former practices, yet they should be found to be men neither sincere in their professions, nor successfull in their undertakings. This was the beginning of the fatal schism in the Scottish Church.

[P. 54.—After the battle of Worcester, September 3, 1651.]

The King escaped into France, and the English became peaceable masters of Scotland for nine years following. So, after all the counties of Scotland hade formally acknowledged the English for their sovereigns, they appointed magistrates and constitute judicatories to govern the land for their time. They did indeed proclaim a sort of toleration to dissenters amongst protestants, but permitted the gospel to have its course, and presbyteries and synods to continue in the exercise of their powers, and all the time of their government the work of the gospel prospered not a little, but mightily. It is also true, that because they knew the generality of the Scottish ministers were for the King upon any termes, therefore they did not permit the General Assembly to sitt, (and in this I believe they did no bad office) for both the authority of that meetting was denyded by the protesters, and the Assembly seemed to be more sett upon establishing themselves than promoving religion: also the division of the church betwixt protesters and resolvers continued in the church for six or seven years with far more heat than became, and errors in some places infected some few; yet were all these losses inconsiderable in regard of the great successe the word preached hade in sanctifying of the people of the nation. And I verily believe there were more souls converted to Christ in that short period of time than in any season since the Reformation, though of treeple its duration. Nor was there ever greater purity and plenty of the means of grace than was in their time. Ministers were painfull, people were diligent; and if a man hade seen one of their solemn communions, where many congregations mett in great multitudes, some dozen of ministers used to preach, and the people continued as it were in a sort of trance (so serious were they in spiritual exercises,) for three dayes at least, he would have thought it a solemnity unknown to the rest of the world.

[In reference to the year of the King’s return, Kirkton thus describes
the state of the country and Church.—P. 64.]

Now before wee speak of the alteration court influences made upon the church of Scotland, let us consider in what case it was at this time. There be in all Scotland some 900 paroches, divided into 68 presbytries, which are again cantond into fourteen synods, out of all which, by a solemn legation of commissioners from every presbterie, they used yearly to constitute a national assembly. At the King’s return every paroche hade a minister, every village hade a school, every family almost had a Bible, yea, in most of the countrey all the children of age could read the Scriptures, and were provided of Bibles, either by the parents or their ministers. Every minister was a very full professor of the reformed religion, according to the large confession of faith framed at Westminster by the divines of both nations. Every minister was obliedged to preach thrice a-week, to lecture and catechise once, besides other private duties wherein they abounded, according to their proportion of faithfulness and abilities. None of them might be scandalous in their conversation or negligent in their office, so long as a presbterie stood; and among them were many holy in conversation and eminent in gifts; the dispensation of the ministry being fallen from the noise of waters and sound of trumpets to the melody of harpers, which is, alace! the last messe in the banquet; nor did a minister satisfy himself except his ministry hade the seal of a divine approbation, as might witness him to be really sent from God. Indeed, in many places the spirit seemed to be powred out with the word, both by the multitude of sincere converts, and also by the common work of reformation upon many who never came the length of a communion; there were no fewer than sixty aged people, men and women, who went to school, that even then they might be able to read the Scriptures with their own eyes. I have lived many years in a paroch where I never heard ane oath; and you might have ridde many miles before you hade heard any: Also, you could not for a great part of the countrey have lodged in a family where the Lord was not worshipped by reading, singing, and publick prayer....

Now, in the midst of this deep tranquility, as soon as the certainty of the king’s return arrived in Scotland, I believe there was never accident in the world altered the disposition of a people more than that did the Scottish nation. Sober men observed, it not only inebriat but really intoxicate, and made people not only drunk but frantick; men did not think they could handsomely express their joy, except they turned brutes for debauch, rebels and pugeants; yea, many a sober man was tempted to exceed, lest he should be condemned as unnatural, disloyal, and insensible.

[The passages which we have thus quoted are often alluded to as
affording evidence that the period in our church history to which
they refer was the golden age of the Kirk. Without questioning the
honesty of Kirkton, or without interfering with the right which other
people have to judge for themselves in weighing the evidence afforded
from many sources, we must say that Kirkton’s account of matters
appears to be, in its leading points, an enthusiastic fable. There
is in every ecclesiastical record of the time, the most redundant
and revolting proof that, instead of the unspotted morality on
which he discants, enormities of every sort prevailed to a great
extent—and such records are unimpeachable evidence. With regard to
the alleged extent of intelligence, education, &c., the following
brief passage from the record of the Presbytery of Perth, (March 28,
1649,) is quite conclusive:—“List of the Families wherein _some of
them_ can read within the parishes following—viz., Scone, 25; Drone,
36; Dumbarny, 55; Sᵗ Madoes, 9; Rund, 25; Kinnoul, 18; Sᵗ Martins,
13; Ragarton, 9; Arngask, 16; Abernethy 100.” We now proceed to give
a detailed account of the Assembly at St Andrew’s in 1651, when
Scotland was subjected to the double distraction of a violent schism
in the Church, and a war in the field, betwixt the Scotch and the
invading army of Cromwell.]

1651.

_Proceedings of the General Assembly which met at St Andrews and Dundee in July 1651._[446]

[Session 1, July 16.]

Preached in the fornoon Mr And. Cant; his text Heb. 12, 12, &c., and spoke generally against the publick proceedings: and in the afternoon, Mr Rob. Douglasse, his text Ps. 102, 6; and in the close of his sermon contradicted the former sermon.

After qᶜʰ, the members of the Assembly repaired to the Assembly House, and after the King’s Commissioner (my Lord Balcarras) and all wer sitt down in the house, prayer was made by Mr And. Cant, former Moderator; after qᶜʰ the Commissions wer given in. Ther wer double Elections given in of Commissioners from Glasgow, Stirling, and Dunkell, qᶜʰ wer waved till the Assembly should be constitute.

Mr Ja. Guthry made exception against the ruling Elders that wer chosen Comissioners from Churnside and Dunse, alledging they wer upon the Engagment, and according to ane act of the General Assembly ’49, they could not be Members; also affirming the Presbitry of Churnside to be but 3 or 4 in number, and therfor could not chose Commissioners; but that was laid by untill the Constitution of the Assembly.

After all the Commissions wer given in, quhen they wer about the constitution of the Assembly and election of a Moderator,

Mr John Menzies immediatly arose and said he had somquhat to propound, quhich was for noe intention but disburden his conscience, and it was that the Members of the Comission of the Kirke could not be admitted to sit in the Assembly, in regard their proceedings had been scandalouse, and that it was a rule that noe scandalouse persons should sit or have place in ecclesiasticall judicatorys.

Mr Douglasse did rise, and replyed, that they hoped their cariage should appear to be right, and noe wise scandalouse.

Immediately there arose a great number on both sides, with a great heat and fury—Mr Menzies insisting on his former motion.

Mr Ja. Guthry, backing him, said, that these persons behoved to be scandalouse who had led the Kirk and Kingdome to a course of defection, and told he had noe better termes to expresse their proceedings by.

Mr Pat. Gillespy, Mr John Hamiltoun, and some others, did back this motion.

To this motion replyed Mr Blair, saying he saw the seasonable admonitions given in the preceeding sermons, to meekness, peace, and unity, made noe use of by those who propounded the former motion; but that Mr Menzies’ and Mr Guthry’s speaches wer feirce and bitter.

They replyed that their motion was for the exoneration of their conscience: likewise Mr Ja. Wood, Mr D. Dickson, Mr Bailay, Mr Ramsey, the King’s Commissioner, with some others, replyed to Mr Menzies’ and Guthry’s motion, saying that nothing could be said in that or any other bussiness untill ther should be a constitute Assembly to be judge.

The contrary party said that the report of a scandal was enough to debarr any to sitt in a Kirk Judicatory quhille once they wer freed judicially of a scandall.

Mr Douglasse replyed, that they could not be debarred till judicially they wer found scandalouse, quhich could not be till the Assembly wer once constatute, and did examine their proceedings; and said, that upon that ground the other party should not be admitted, in regard they wer more hurtfull to the work, and scandalouse, by their opposing the safty of religion, King, and Kingdome, then the Commission of the Kirk had been.

After this Mr Sam. Rutherford offered a paper to this purpose, against the constitution of the Assembly, but, with much difficulty and long debate, it was laid aside; for the drift of the motion and paper, by confession, was to hinder a Generall Assembly, to hold quhich was thought very dangerouse.

Mr And. Cant and some proponed a conference to take away the former heat and division; but it was replyed, that that could not be untill the Assembly should be constitute; for they being a confused multitude, and noe judicatory, they could not appoint a Committy for that purpose.

They went to chuse a Moderator; and the old Moderator named Mr Blair, and Mr Wᵐ Rait. Besides, the Assembly added Mr Douglasse, Mr Ja. Hamiltoun, Mr And. Cant, Mr Jo. Hamilton, Mr Dickson, by the naming any three of these as the Members thought fitt.

Mr Jo. Hamilton said, quhen it came to his voice for the naming of some to be in the list to be Moderator, that he would name them with this verbal protestation that his naming of them should not be prejudiciall to the exceptions they had to give in against the constitution of this Assembly; to quhich protestation and way of naming the list adhered Mr Jo. Menzies, the Presbitry of Pasley, with some others.

All this being done, the voice passing betwixt Mr Douglasse and Mr Blair, Mr Douglasse, by plurality of voices, was chosen Moderator, and this closed the first session.

Sess. 2ᵈ—July 17.—10 hours.

The Lord Commissioner presented a letter from the King, excusing his absence, entreating them to study unity, to censure these who wer contrary to the publick resolutions; and to that purpose the Lord Commissioner had a speech; after quhich

Mr Dickson propounded a motion for conference, quhich they promised to take into consideration after the appointment of the several comittys,—viz., one for examination of the Commissions proceedings—one for overtures and bills—one for contraverted Commissions—one for appeals, references, and reports—one for the synod books; all these to meet at 2 hours in the afternoon.

After all quhich, they fell again upon the motion of appointing a conference with unsatisfyed bretheren; qʳupon

Mr John Smith said, that a conference could not weel be while once the examination of the Commissions wer seen.

Mr Douglasse replyed, that for all that there might be ane amicable conference, without any prejudice.

Upon this motion there was a long debate by Mr Jo. Smith on the one hand, and several others on the other.

My Lord Comissioner backed Smith’s motion, saying it was derogatory from the authority of the Assembly to appoint conferences about ane undetermined bussiness, but desired the proceedings of the Commission might be examined and tryed, and then a conference with parties on either hand, whilk should not be satisfied with the Assembly’s mind of the Commission’s proceedings.

It was replied by Mr Wood, Mr Dickson, and Mr Blair, that there might be a conference about the meating of men’s minds and affections, and about other things besyde the procedure of the Commission.

Sess. 3ᵈ.

A Bill from Mr James Hamiltoun, craving money from the severall Presbitrys that have not payed for the Ministers’ Regiment of Horse, he having depursed 10,000 merks and not payed. It was referred to be more particularly examined by the Committy of Bills.

There being a Letter sent from my Lord Waristone, Register, to the Assembly, there fell a hote debate whether it should be read, and it was delayed to a more convenient time.

There was ane appointment of writting a Letter from the Assembly to the King and Army for encouragment, and these Letters to be drawen by Mr Ja. Wood and Mr Jo. Hamiltoun. As for the Answer to the King’s Letter, because it had many particulars in it, it was deferred till further consideration.

Because of the desolation of Orkney, a visitation was appointed to goe ther and visite Orkney and Caithness.

Sess. 4ᵗʰ.

The Assembly fell on the controverted Commissions. The first was concerning Blaketer, the ruling Elder of Churnside, quhich bred much debate; some alledging him to be included under the Act of Assembly because of his accession to the Engagement—others saying the contrary: soe in regard of the unclearness of the bussiness it was referred to a Comitty.

Then came in the contraverted election from Glasgow. The Election of the Commissioners was Mr Pat. Gillespy, Mr Heugh Binning, Mr Carstairs, Geo. Porterfeild: The 2ᵈ Election of Commissioners was Mr Ro. Ramsey and Mr Geo. Young, and these opposed the election of the former before the Assembly, shewing they had given in 2 protestations against the first election: one against the formality of the election, because it was on a suddain without premonition; a 2ᵈ protestation against the persons—one excepted, viz. Mr Carstaires. The accusation against the persons did run upon their opposition to the Publick Resolutions of the Kirk and State, and about the Remonstrance, branched out in very many reasons; and after much debate whether they should fall upon the relevancy or not relevancy of these reasons given in against Mr P. G., 0. M., H. B., it was concluded that discussing these reasons should be delayed untill the Assembly should have examined the proceedings of the Commission of the Kirk; and quhen all the Commissioners of the several elections wer called in, Mr P. G. said that these reasons could not be heard by the Assembly—1. Because the most of them wer emergents since their election; 2ˡʸ Because the reasons wer materially a libell, quhilk first should have been presented and prosecute before the Presbitry, before they had come to the Assembly. But all was deferred till the Books of the Commission should be examined.

Sess. 5ᵗʰ.

This Sess. was spent all upon particular Bills.

Seas. 6ᵗʰ.

This Sess. did hold at 12 hours at night, the Lord’s day, upon the alarme of the routing of our party in Fyfe; and then the Assembly was adjourned to Dundie; and there to sit down on Teusday at two afternoon.

At this Session, Mr Rutherford gave in a protestation against the lawfulness of the Assembly, conteaning the reasons thereof in name of the Kirk of Scotland, subscribed with 22 hands, and desired it might be read; but it was delayed to be read, and all that subscribed the remonstrance, with some others, went away.

Sess. 7ᵗʰ. At Dundie, July 22.

First, the roll of all the members was called; and, beside these who protested, there wer many absent—towards the one half. After citation of the Catalogue, the Moderator declared, that, after their adjourning of the Assembly last Session at St Andrews, a protestation was given in; and [in] regard then it could not be read, he asked if there wer any now to present that paper?

It was answered, that none of the subscribers wer present; but one Mr Oliver Coult said, that he had found that paper quhilk was called the Protestation, and that he would give it in, but that he did not adhere to it, and desired it to be marked. After this, the Protestation was read, and did tend to this—That they declared and protested, in the name of the Kirk of Scotland, and all the members thereof quhich would adhere to that Protestation, against the lawfull constitution of this Assembly—1. Because it was a prelimited Assembly, in regard the free votes for choosing Comissioners was hindred by the Commission of the Kirk’s Letter to the severall Presbitries, desiring them to cite all unsatisfied men to the Assembly, if, after conference, they were not satisfyed; _2ly_, Because of the King’s Letter, overawing the Assembly; _3ly_, Because of the Commissioner’s speech, tending to the prelimiting of the members of the Assembly; _4ly_, Because that the members of the preceeding Commission of the Assembly wer members of this, quhilk should not be, in regard the Commission had led to a course of defection; and therefor they protested against all that should be done by that Generall Assembly or their Commission. This Protestation was subscribed with 22 hands, and licence to add moe subscribers, and moe reasons, as they saw fitt.

After the reading of the Protestation, all their names wer called at the kirk dore, and none compeared.

Then the Moderator publickly enquired, if there wer any moe that would adhere unto them, and own that Protestation? quhilk was presently interrupted by another motion; but shortly after,

Mr W. Jameson desired the Moderator, that he might propone quhat formerly he had said—viz., to enquire if there wer any that would own the former Protestation. But the Moderator, upon his second thoughts, would not hear of it, I know not on what ground.

Quhen this was over, the Commissioner had a speech to this purpose:—That that Protestation was very derogatory to the freedome, liberty, and honnour of the Generall Assembly; and, if it wer requisite, that the King’s authority should be interposed against these men for the vindication of the Assembly’s honnour, to quhich he and all was tyed by Covenant, he promised that should not be wanting.

The Moderator replyed, desiring him to cease; for they should deal with them ecclesiastically, according to the freedome of the Assembly.

This was by way of nipp to the Commissioner; yet he desired to speak his mind, quhich he proceeded in to the former purpose. Nixt the Moderator enquired Mr Dickson’s mind how the Assembly should proceed in this weighty bussiness. He answered, that the bussiness was of the highest concern that ever came before ane Assembly; and that hitherto the Lord had preserved the liberty and freedome of this Kirk intire; and that this Protestation stroke at the root of the freedome of the Assembly. He desired that all would be diligent to deal with God in this bussiness; and least unripe thoughts should be vented anent that Protestation, that it might be referred to a committy to think upon.

Nixt Mr James Wood, being interrogate his mind as to the former bussiness, spoke thus: that he was much weighted and afflicted with that bussiness and the timing of it, and desired it might be referred to a Committy.

Nixt Mr W. Jameson said, In respect they wer declinators of the Assembly, he desired the act anent such as declined the Assembly might be read; and it being read, ordeaned such as declined and protested against the Assembly to be summarly excomunicate.

Nixt spoke Mr Ja. Hamiltoun, and propounded they might be cited to compear befor the Assembly or their Commission, and that a distinction might be made amongst the Subscribers, in regard some wer headstrong and cheife hands in the remonstrance and opposing the Publick Resolutions, and drawing aside of others, and writing agˢᵗ the Publick Resolutions, and others lesse active. 3, In regard that these men would be labouring to draw severall aside to their way, both ministers and others; therfor he said it would be fitt that Letters wer written to the severall Presbitrys shewing the evil of their way, and vindicating the present Assembly. Some others said, that in reference to the first thing that Mr Hamiltoun had said, they thought it enough that the most eminent in the fault might be cited. Others replyed, that it wer fittest all should be cited, and then to let the Assembly make the difference of evry man’s guilt. Some others said, that that quhich was lurking, viz. separation, had now appeared; and the Moderator blessed God that he had deciphered these men.

The Commissioner said they might be censured uncited.

My Lord Humby replyed, that men could not be condemned unheard; but I conceive this was not out of any affection to them or their cause, but only for legality’s sake.

Mr Jo. Smith spoke much agˢᵗ them, with great profession of high esteem of the Persons.

Soe, after much discourse, it was referred to be considered upon by the Committy for publick affairs; but upon this there rose a debate in regard some of the Protesters were members of that Committy, and therfor could not sit as Judges in their own matters. Some would have had a new Committy for that purpose; others said the former Committy might serve:—_1st_, Because that such members of that Committy as wer Protesters wer not present; _2ly_, Though they wer present, they could not sit, seeing they had declined the Assembly; and soe it was concluded that this bussiness should be referred to that Committy. After this the severall Committies wer appointed immediatly to meet, and this Session concluded.

Sess. 8.—July 23.

A Letter came from 7 Members quhich had left the Assembly and mett at Perth, and sent back a Letter to this purpose; that though they did not protest agˢᵗ the constitution of the Assembly, yet they protested that the Assembly should not approve the proceedings of the former Commission, and desired this to be marked. The subscribers of it wer Mr Ja. Donaldson, Wᵐ Brown, members of the Presbitry of Biggar; Mr Alexʳ Dunlope, Mr Mab, Ministers in the Presbitry of Pasley; Mr Jo. Hamiltoun, Mr Wᵐ Simmervell. Another Letter came from Mr Ja. Naismith, Mr Tho. Charters, Commissioners for Hamiltoun Presbitry, shewing that, in respect of the motion of the enimie, they could not be present, and that they did adhere to the Protestation, and desired that to be taken as their subscription and keept in record. A Letter came from Mr Jo. Carstairs, shewing 1. that he protested agˢᵗ the approbation of the former Commission: _2ly_, That he protested for liberty to adhere to the former protestation, if soe be he got further light than he hath; and that there wer many members there quho in former times durst not mutter.

Upon Mr Carstaires’ Letter, there arose a debate; for

My Lord Angus said—If men had liberty quhen they pleased to adhere to the Protestation, that would be ane ill preparative, in regard enow would ly by untill they saw how things would goe, and if things went the enimies’ way, then possibly enow would protest quho otherwise would not.

Mr D. Dickson spoke much to Mr Carstaires’ commendation, and shewed how he disputed against the Protestation.

Mr Jo. Smith said he saw noe other thing by Mr Carstaires’ Letter but that he adhered to the Protestation; and he being contradicted by the Moderator, all the 3 Letters wer committed.

After this the Committy of Appeals made some reports of quhat they had done, and, among other Appeals, they made report of Adam Stewarts appeal against the Synod of Argyle, concerning Mr Pat. Steuart, Minister of Rasa in Bute. The Synod Book and Mr Pat. not being present, they referred the tryall of the bussiness to the Presbitry of Irivine, and with them joined the Commissioners of Air and Dumbartan, and that their diet be the 3d Wednsday of August.

After this the Protestation was publickly read, and the grounds of ane answer, drawen up by the Committy, was publickly read. And quhen it was read,

Mr Douglasse said, that beside all that was said in answer to the Protestation, he thought it noe hard matter to evince the Protestation to be the highest breach of all the articles of the Covenant that ever was since the work of reformation began.

After this they fell on a debate, whether or not they should presently take the Protestation in consideration, or deferr it till the consideration of the procedure of the Commission?

Mr Dickson pleaded that it should be presently taken into consideration, for it was a declinator of the Assembly. Others would have had the Commission approven; soe it passed in the Assembly [that] that paper was a declinator.

After, the Lord Commissioner and Mr W. Jamison said, that seeing there was ane Act of the Assembly ’38 relating to former Acts, that declinators should be summarly excommunicat, and he understood not how the Assembly could passe by that Act and the former practise.

The Moderator, Mr Ja. Wood, and Mr D. Dickson, said, that they might modifie and molify their own act—yea, repeal it, if need wer.

The Lord Commissioner said, they might repeal the act; but seeing the Act was standing, he saw not how it could be passed by.

The Moderator answered, that they knew quhat to doe with their own Acts, (this was by way of a nipp;) and they quho could repeall the Acts could modify the execution of the Acts, and yet not repeal the same.

The Commissioner said also, that the Protestation was reflecting on King and Parliament, as weel as upon the Assembly, and desired that to be taken heed to. So that it was the drift of the discourse of many to have some of them at least summarly excommunicat; but observe that we could not see that act for summar excommunication; only there was ane act Assembly ’38, that the Bishop of Edinʳ, in regard he had declined the Assembly, should be excommunicat summarly, according to former Acts of Assemblies, quhich they said wer among the registers of the Kirk.

The Moderator proponed that the matter of censure was not the present question; but he revived the former motion, whether all or only some of them should be cited? And he said that the Committy thought fitt that 3 should be cited. Mr Ja. Guthry, Mr P. Gillespy, Mr Ja. Simson. But others said ther wer others that wer cheife actors in that wickedness quho should also be cited, viz. Mr Ja. Naismith, Mr Jo. Menzies; and some opposed this, soe that it run to a vote, whither all these 5 or not should be cited? It carried that all the 5 should be cited; only there wer some quho thought that they should have been more amicably dealt with in regard these men walked upon point of conscience; therefore these few, viz., Mr Jo. Dickson, Mr Robᵗ Fergison, Mr Ja. Nisbit, Mr Alexʳ Gordon, (the author,) Mr Charles Archbald, Mr Alexʳ Smith, Capt. Robᵗ MᶜClellan, and noe others of all the members of the Assembly voted that they wer not clear for the citation of any of the members at all, quhich was very strangely looked on by the most present.

Speaking of Mr Ja. Naismith, whether he should be cited, Eng. Pittillo answered, Mr Ja. Naismith had been active in drawing aside the Presbitry of Dunkeld.

Mr Tho. Lundy answered, that these Ministers of Dunkeld wer dissatisfyed upon other grounds, even upon the point of conscience, and not upon the relation of affinity that Mr Naismith had to these unsatisfyed bretheren. This being passed, the day of their compearance was appointed the last day of July, before the Assembly. A fast was appointed to be keept by the Members of the Assembly the following Lord’s day.

Sess. 9.—July 24.

There came a Letter from the Commissioners of Stranrauer excusing their absence, and shewing that they assented to the publick resolutions. The Moderator proposed that, seing the examination of the procedure of the Commission was ready, the Assembly would fall upon that, and desired that evry man might have full liberty to speak his mind and not be derided and mocked, quhich was a thing too much in custome; for he remarked a passage in Mr Carstairs’ Letter, supposing that there wer men that sate in this Assembly quhich in former times durst not mutter, quhich, said he, doth evidently declare the insolence and dominering of these men. But he desired that the Assembly might doe otherwise, and even though possibly the reasons of opposers were to small purpose, yet that they might be patiently heard. After that the Moderator proponed, that seeing they were to fall upon the examination of the proceedings of the Commission, that they would chuse a new Moderator; and it was ordered that every one should name one as they pleased; soe it fell on Mr R. Baily—after quhich all the members of the precedent Commission wer removed and their power and authority read.

Mr Jo. MᶜGill was chosen clerk. Soe the present Moderator called for the Moderator of the Committy for making their report concerning the procedure of the Commission, and he gave them ane ample testimony of honesty, care, and fidelity; but in regard there wer some particulars quherein the Committy did more fully debate, they now represent them; and 1. Anent the Westland Remonstrance the Committy thought they did rightly and wisely; _2ly_, Anent the first querie, that they answered rightly and wisely; _3ly_, Anent the Answer to the King’s Letter they did rightly; 4, Anent the Answer to the bretheren of Stirling they did wisely; 5, Anent the Commissioners Letter to Presbytrys and their act for citing of unsatisfyed bretheren they did rightly and wisely; 6, Anent their Answer concerning the repealing the Act of Classes, that they did wisely and rightly, only the Act the 13 of August about the stating of the question, quhereupon the shouldiers should fight, that the Committy was not clear enough.