As Regni Regis Carolj 14, et Salutis 1638.
About the 27 of Marche, this zeire, Traquaire makes for courte, hauing wndertakin to negotiate effectually for the peace of the countrey, and with 8 demandes from thesse that had subscriued and adhered to the couenant, wich he was to deall for his Maiesties assent too, befor aney pacifications of the present commotions could be looked for.
First, It is certaine that the present not wrging or present discharging of the seruice booke, the booke of canons, and off the last heighe comissione, cannot satisfie our supplications, complaints, protestatione and cofession, cannot remeed the present eiuills, nor prewine the lyke in tyme coming.
2. Experience showeth the necessity, that this kirke must be assured, by ane acte of free generall assembley, and of ane parliament, that shoe shall neuer be vrged heirafter with aney alteratione in poyntes of doctrine, diwyne worschipe, or churche gouerniment, bot that wich shall be first aggreid wpon in a lawfull and free generall assembly, wich is order appoynted be God, obserued and præscribed in this churche since the reformatione, and the principall meine to giue satisfactione to all mens myndes in matters of religion, as far so as is possible.
3. Pastors and professors can neuer be free of troubles or feares, so long as the terror of the heigh commission standes ouer ther heades, wich cannot be limitted, bot quyte discharged,
First, Becausse it was introduced and exereissed, not only with the lawes of this kirke and kingdome, bot aganist the expresse acte of bothe.
2. It is [a] courte of ciuile and ecclesiasticke persons, hauing pouer to inflicte both spirituall and temporall paines, and therfor, being in the constitutione therof wnlawfull, cannot be qualified with aney limitations.
3. A commissione for ecclesiasticke persons to inflicte spirituall censures, cannot proceid from the King, bot from the generall assembley of the kirke; and a comissione to ciuile persons to inflicke temporall paines for ecclesiastick causes, cannot proceid bot from the parliament, at the desyre of the assemblies.
4tly. It subuerteth all other judicatories of this kirke and realme, and indangereth the liberties, estaites and persons of the quholl leidges.
4o. The vrginge of the artickeles of Perth, wnder ecclesiasticke and ciuile paines, hath caussed grate trouble and dissention in the kirk, made way for all ther subsequent innouations and superstitions, and zet is nather warranted be the acte of assembley, wich doeth nather conteine aney penaltie, nor inoyn’d by way of præcept, necessarly to be obayed, bot by way of counsaile, freelie to be obserued; and that wpone this ressone, seing all memorey of bygane superstitione is past, wich being anima legis, inferreth via contrariorum, by way of contraries, the necessity of our not obseruing, seing the memorey of bygaine superstition is now reuiued and pressed, according to the last claus of the 21 artickell of our large Confession of Faith, ratified in parliament, and according to our promisse in our lait confession; nather is it zet warranted by the actes of parliament, wich doeth ratifie the actes of this assembley, without aney desyre from the kirke; zea, contrarey to the suplications and protestations of maney godlie and learnid of the ministrie, bot neuer intendit, nor could change the free voluntarey obseruance in matters ecclesiasticke of ane churche counsaile, wnto the necessarey obedience of a penall statute, and therfor the vrging of the Perth artickells must ceasse and desist.
5o. Ther is no appirance of staying the present commotions and combustions in the kingdome, of satisfieing the Kinges honor and mynd, misinformed by our aduersaries, nor of cleiring of the subiects pious loyaltie, in ther legall and peacefull proceidinges, from all calumnies and misconstructions, accept in a free general assemblie; the present archbischopes and bischopes, the authors and causse of all the innowations compleined vpon, and of all misinformations aganist the compleiners, be trayed and censsured according to the actes of the generall assembley; for it is aganist all law and reasone, that they should be, without dew censure, suffred to reuelle at ther pleasure; and ther auen acte of the assembley at Glasgow, quherby they haue ther pouer appoynted them, to be censured in ther lyffe, office and benefice, by the generall assembly, sicklyke that ministers be trayed in ther office and conuersatione, and censured according to the actes of the assembley.
6. For keiping the purity of religion in this kirk, and establishing a firme peace in this kingdome in tyme coming, generall assemblies must be haldin at the ordinarey tyme, for the commissioners appoynted by K. James for the assemblie, a Linlithgow, 1606, and wthers acquanted withe his Maiesties intentions, declaire that his Maiesty was neuer of ane other mynde, bot that the holding generall assemblies at certane competent tymes, was and is a most necessarey meine for preseruation of piety and vnion in the kirke, and for exterminatione of heresie and schisime, (quhilk our dolefull experience, and innumerable eiuells follouing wpon vant therof, doeth wndenayablie confirme); and therfor it was his will, that the acte of parliament should stand in force for conweinng the general assembley once in the zeire, lyke as it was acknouledged in the afforsaid assembly of Glasgow, 1610, that the necessity of the kirke did craue, that for taking order with the comon enimney, and for other affaires of the kirke, ther be zeirlie generall assemblies, and therfor that assembley requysted his Maiestie, that generall assemblies might be haldin once in the zeire, ore at least at sett tymes, in all tyme coming.
7o. The least can be sought for the present concerning ministers wotters in parliament, is, that they be limitted by the particular caueatts aggreid one in the assemblie, 1600, at Montrose, and by aney other cautions to be made, as the assembley shall thinke meitt and necessarey, (from oure 37 zeires experience of the fruittes and consequences therof,) as it was appoynted at that tyme; for so longe as they wotte in parliament, absolutly without the limitation of ther cautions, they can neuer be thought to wotte in name of the kirke.
8o. Ther can be no houpe of continuance of religione in the kirke, (altho wee are deliuered from all other eiuells) except some better coursse be takin for the free entrey of ministers, without wnlawfull othes, and with the consent of the presbeteries and of the people; for this end it wold be remembred, that it was declared, acte 114, parl. 1592, that God had giuen to the spirituall office bearirs of the kirke, colatione and depriuatione of ministers, and therfor the commission granted to bischopes, in Ao 1584, to receaue the presentatione to benifices, wes declared to be null in all tyme coming; and it was ordained, that all presentations to benefices be directed to particular presbeteries in all tyme coming, with full pouer to giue colatione therwpone, they being the lawfull office bearirs of the kirke, to quhom God hath giuen that right, wich therfor nather was nor can be takin from them absolutly, nor giuen to bischopes exclusiue.
Bot all Traquars grate wndertakinges, howsoumeeuer he cam to courte, turned wnto smouke, and euanished quyte. Fear of the Kinges and bischopes displeasure, one the one hand, and preferment on the other, did altogider extinguishe that professed zeall, (if aney was in him) to the peace of his natiue countrey.
Nou the fyre being throughlie kendled, and the flames therof bursting fourth in eurey corner of the kingdome, and with such vnexpected furey and impetuosity, as it was past both the skill and pouer of his Maiesties priuey counsaill to quenche it; quherfor, they resolued to send wpe to his Maiestie Sr Johne Hamiltone of Orbeston, Justice Clercke, one of ther noumber, to acquant his Maiestie fully with all bussines, and the consequences of them, with thesse follouing instructions, of the dait at Streueling, 5 Marche, 1638.
In the first, you are to receaue from the clercke of the counsaile all the actes since our meitting one the 1 of Marche instant.
Item, you haue to represent to his Matie, that this dayet of counsaile was appoynted to be keipt solemley, by adwisse of the Lord Chanceler and remanent Lordes of the clergie, beinng at Edinbrughe for the tyme, quho assurid ws that they wold keepe the dayett preceisly; bot at our meitting at Stirlinge, wee receaued a letter of excusse from the Lord Chanceler, wich forced ws to proceid without his presence, or aney other of the Lordes of the clergie, except the Bischope of Brechin, quho attendit with ws three dayes, bot remoued befor the closinge of our oppinion anent the bussines.
Item, imediatly after wee had resolued to directe you with a letter of trust to his Maiestie, wee did send our letter to the Lord Chanceler, acquanting him with our proceidinges, and desyring him to consider therof, and if he approued the same, to seinge them, and causse the remanent Lordes of the clergie, being ewest to him, and namlie, the Bischope of Brechin, quho was ane eare and eye wittnes to our consultations, to signifie the same to his Maiestie, and by his letter to signifie hes approbation therof; or if his Lordschipe did find aney other way more conuenient for his Maiesties honor, and peace of the countrey, that his Lordschipe, by his letter to the (L’s) Thesaurer and Pruiey Seall, wold acquant them therwith, to the effecte they might conweine the counsaile for consulting theranent.
Item, that ze show to his Maiestie, that the counsaile, all in one woyce, findes, that the causse of the generall combustion in the countrey, are the fears apprehendit of the innouation of religion and discipline of the kirke, established by the lawes of the kingdome, by occasione of the seruice booke, booke of canons, and heighe commission, and formes of introduction therof.
Item, you are to represent to his Matie our humble oppinions, that seing, as wee conceaue, the seruice booke, booke of canons, and heighe commission, (as is sett doune) are the occasione of this combustion; and that the subiects offers them to proue, wpone perrill of ther liues and fortuns, to cleir that the said seruice booke, and wthers forsaides, conteine diuersse poyntes contrarey to the trew religion presently professed, and lawes of the kingdome, in matter and maner of introduction; that the Lordes thinkes it expedient, that it be represented to his Maiesties gratious consideratione, that his Maiestie may be pleassid to declare, as ane acte of his singular iustice, that his Maiestie will take trayell of his subiects griuances, and reasons therof, in his auen tyme, and in his auen way, according to the lawes of the kingdome; and that his Maiestie may be pleassed gratiously to declaire, that in the meane tyme he will not presse nor vrge his subiectes therwithe, notwithstanding of aney acte or warrand made in the contrarey.
And in caisse his Maiesty shall be gratiouslie pleassed to approue of our oppinions, you are therafter to represent to his Maiesties wysse and gratious consideratione, if it shall be fitting to consulte his Maiesties counsaile, or some suche of them as he shall be pleased to call, ore allow to be sent from the table, both anent the tyme and way of doing.
Item, if his Maiestie (as God forbid) shall dislyke of quhat wee conceaue to be most conducing to his Maiesties seruice and peace of the kingdome, you are to vrge by all the arguments you can, that his Maiestie doe not determine vpone aney other coursse, wntill some at least of his counsaile from this be hard to giue the ressons of ther opinions; and in this caisse you are lykwayes to represent to his Maiesties consideratione, if it shall not be fitting and necessar to call for his informers, togider with some of his counsaile, that in his auen presence he may haue the reasons of both informations fully delatted.
Item, you shall show to his Maiestie, that his counsaile, hauing takin to ther consideratione quhat farder was to be done, for compessing and settling the present combustion within the kingdome, and dissipatinge of the conuocations and gatheringes within the samen, seing that proclamations are alredey made and published, discharging all suche conuocations and wnlawfull meittinges, the (L’s) after debaitting, findes they can doe no furder then is alredey done heirin, wntill his Maiesties pleasur be returned to thir our humble remonstrances.
After Orbestons arriuell at courte, and addresses made, being diuersse tymes hard by his Maiestie, and diuersse consultations had with such Scottes counsellers as wer ther present, and with suche of the Englishe as his Maiestie thought fitt to communicat that bussines wnto; it was at last resolued to send the Marques of Hamilton doune, with the full pouer of a heighe commissioner; and quhill this was in debait, Sr Johne Hamilton of Orbeston was dispatched home to giue notice therof, bothe that thinges might be carried in a peaceable and quyet maner, wntill his Maiesties heigh commissioner his coming, from quhom they wer to expecte his Maiesties pleasure, with all fauor wich might consist with royall authority; as also that they might, befor the commissioners deperture from the courte, haue tyme to make his Maiestie fully acquanted with the wter most of ther griuances, that so accordingly his commissioner might receaue his instructions from his Maiestie, for giuing wnto his subiectes all just satisfaction.
Notwithstanding of all this faire wether and sueet creame intendit by the courte, zet my Lordes of the elergey labouring still at all handes to moue his Maiestiey to prosecutt, by stronge hand and violence, quhat he had intendit by ther sugestions, to aduance themselu es to ouer reule both churche and staite, contrarey to the lawes of God and this natione. Bot the noblemen, counsellers and wthers weill disposed about his Majesty, louing the peace and tranquillity of the countrey, did in werey plaine tearmes shew his Maiesty, that most of his subiects demandes wer reasonable and just; and that it was best to heire and remeed ther griuances in the ordinarey way; that is, churche matters in a nationall assembley, and matters of the comonwealthe in a parliament, wher matters being thus trayed, the trew authors of all thosse eiuells will be found out and censured, and the eiuells repressed and remoued.
They lykwayes shew his Maiesty, that it was hard to him to denay this; being requyrеd be most pairt of his subiectes of that kingdome, they did affirme lykwayes, that his Matie could nather continew the thinges petitioned aganist, nor imposse aney thing in a violent way, becausse they quho haue alredey petitioned, and thesse quho being of ther judgement, and will concur in that causse, are fyue for one, and far aboue that small nomber that haue not petitioned, the gratest pairt are in suspence, not being informed of the estait of matters; and zet daylie some of them coming in to ioyne with the rest, as they receaue informatione; thus putting his Maiestie out of houpe of aney intestine diuisione, or in aney possibility to make the subiects differ amongest themselues. They did quhat in them lay to gett bussines pack’d wpe in a legall way, and in the most peaceable maner could be.
To all this, the bischopes blouing the bellowes, and still craying fyre and suord, especially Mr Johne Maxswoll, Bischope of Rosse, (one that did fauor Rome too muche) suggests it to be a shame for his Majestie to receid from quhat he formerly had determined anent the seruice booke, booke of canons, &c, shewing by maney arguments, that his Maiesty may gett them established by force, if so his Maiesty wold effectually deall with the Earles of Seaforte and Finlater, Lord Rae, Lairdes of Grant and Mackintoche; as for the Lordes Marquisses of Hamiltone, Huntley and Douglas, they wer his auen alredey sure, togider with suche as wer popischly affected, as Niddisdaill, Wintone, Simple, Harries, &c. and thus makinge some considerable parties of the countrey, then might his Maiestie deall with some papists in the north of England to ioyne with them, quho, as he auerred, wold be able to beat thesse supplicants from the desyres, and therafter hauing all in his power, his Matie might imposse vpone this natione quhat he pleassed.
Thesse being the courte consultations all Apryle, done comes the Marques of Hamiltone in the letter end of Maij, Lord Heighe Commissioner, with a werey ample comission, (in shew,) daitit at Vindesore, 20 Maij. He cam from Dalkeith (quher he had receaued his comissione, sealled, from the handes of his Maiesties priuey counsaile) to Holyrudhousse, the 8 day of Junij. He was mett betuix Mussilbrughe and Leithe with neire 20,000 people of all sorttes, thesse of quality wer weill horssed; some ministers intendit to haue saluted him with a speache, but he intreatted them that they wald be pleassed not to doe it publickly, bot in priuat; wich, wpone the Lord Commissioners desyre, they delayed wntill the morrow, being Saterday, quher a grate maney of them went to attend him as commissioners from the rest of the ministrey. He gaue them audience in the withdrawing chamber; and Mr William Leuingstone, minister of Lanricke, in name of all, spoke to him thus:-
Pleis your Grace, our brethreen of the ministrie had a mynd that some few wordes should haue beine spoken zesterday publickly, and since your Grace choyssed rather to heire ws in priuat nor in publicke, this is that wee haue to say shortly.
Wee, the seruants of the Sone of God, and the preachers of the peace that passes all vnderstanding, being sensible of that fearfull wrathe of Gode that persewes this land, for our sinns and the sinns of the people, wherthrow our kirke is rent by schisime, the worschipe of God defylled by superstitione, the quhole kingdome in a fyre, quhilk is lyklie to consume all if it be not quenched, hauing humbled ourselues to our God, as wee could, renewed our couenant with his Maiestie, and made supplicatione to our souerainge; wee giue your Grace ane hartty welcome as his Maiesties commissioner, and the messinger of the God of Heauin; by quhilk blissing your Grace may be ane happey instrument, by doing the best worke can be done in this earth for the honor of God, contentment of the King, good of our kirke, peace and tranquillity of our kingdome, and ioy of all the reformed churches of the world; as hauing power in your Graces handes to quenche this diuisione, and putt away the causse of this combustione, purge the housse of God, minister iustice, and giue satisfactione to griued souilles in ther iust supplications; quherby your Grace shall proue a worthey patriot, faithfull counseller, good Christian, and compassionat member of this mother churche, mourning wnder maneyfold miseries, and shall reape the fruittes of ane sueet rememberance in after ages, and ane vounderfull peace and stronge consolatione quhen it comes to the breacking of the eye-stringes, and giuing of the last gaspe; for quho liues and shall not see death; quhen all the pleasures and honors of this world shall stand in in no steade: and this wee and our people expecte at your Grace handes, and humblie and hartly craue it in his name, quho shall judge quicke and dead.
The 23 day of Junij, this zeire, being Saterday, the noblemen, barrones, burgesses and ministers, that had subscriued the couenant, in ther auen names and in name of all that adheared to them, presented this follouing supplication to the Lord Marques Hamilton, his Maiesties Commissioner, at Holyrudhousse:-
To his Maiesties Commissioner, the supplicatione of the noblemen, barrons, burgesse, ministers and comons, heir attending his Maiesties gratious anssuer to our former petitions, complaintes and desyres, humblie shewing,
That quheras wee, expecting from your Grace, as his Maiesties Commissioner, ane gratious anssuer to our former suplications, complaintes and just desyres, haue presentit to your Grace ane petitione, humblie crauing a free generall assembley and parliament, as the ordinar remedy of our griuances, the onlie meine to put this kirke and kingdome to quyetnesse.
It pleased your Grace to show that his Maiestie, from his princely caire of this kirke and kingdome, walde be most willing to indicte a free generall asşembley, and call ane parliament for thesse good endes; bot that your Grace, as his Maiesties, hath conceaued the Confession of Faith and couenant, laitly renewed by ws his Maiesties subiects, to be ane vnlawfull combination aganist athority, therby to cast off our deutifull obedience, and not ane couenant for manteining of the trew religion, of his Maiesties persone and authority, and of the lawes and liberties of the kingdome; and wee being most willing to remoue that impediment, as the maine hinderance for obteining our desyres, therfor, and for cleiring of our loyaltie and windicating ourselues from so grate ane imputatione, wee doe now, in all humility, remonstrat to your Grace, as his Maiesties commissioner, and declairs before God and men, that wee ar heartily griued and sorey, that aney good man, bot most of all that our dreid souerainge should so conceaue of our doing, and that wee wer and still are so far from aney thought of withdrawing ourselues from our deutifull subiection and obedience to his Maiesties gouerniment, wich by the discent, and wnder the rainge of 107 kinges, is most cheirfully acknouledged by ws and our prædicessors. That wee neuer had nor haue aney intentione ore desyre to attempte aney thing wich may turne to the dishonor of God, ore to the diminutione of the Kinges gratnes and authority; bot one the contrarey wee acknouledge our quietnesse, stability and happines, to depend wpone the saftie of the Kinges Maiestie, as vpone Gods vicegerent sett ouer ws for mantinence of religion and administratione of justice, haue solemlie suorne, not only our mutuall concurrence and assistance for the causse of religion, bot also to the wttermost of our power, with our means and our liues, stand to the defence of our dread souerainge, the Kinges Maiesty, his persone and authority, in the preseruatione and defence of the trew religion, lawes and liberties of the kingdome: and therfor wee, his Maiesties loyall subiects, free from that and all other imputations of that kynd, most humblie beseiches your Grace to esteime our Confessione of Faith and couenant, to haue beine intendit, and to be the largest testimoney of our fidelity to God, and loyaltie to our Kinge; and that hinderance being remoued, most still supplicat your Grace wald be pleased to indicte a free generall assembley and parliament, quhilk will vndoubtedly redresse all our eiuells, sothe the peace of this kirke and kingdome, and procure that cheerfulnesse of obedience, quhilk is dew to be randred to his Maiestie, carrinng with it the offer of our fortuns and best indeuors for his Maties honor and happines, as ane reall testimoney of our thankefullnes, praying God that his Maiesty may long and happily raing ouer ws.
After this supplicatione wes solemly presented to his Maiesties commissioner, and perwsed by him, he still insisted to haue the couenant randred to him, wich, if they wold doe, then should all ther demandes be granted; bot the Lordes couenanters and ther adherents stood fast to ther refusall of his demand, and gaue in thir follouing ressons quhey they could not obey his desyres.
The conditione and offeris that we shall haue all wee desyre granted; it may be, he onlie meins the desyres conteined in the supplicatione, ore all wee desyred in the artickells sent wpe to courte, generally all wee desyred for reformatione.
Bot wee cannot, wpone aney condition, rander the subscriued couenants, becausse subscription is a testimoney for the subscriuers, quhilk to rander is a hynous sin befor God, and a shame befor all the world. Our suering, by holding wpe our handes, wes a testimoney for the present tyme, bot subscription is a durable testimoney, and the preseut tyme, and not transient with the acte of suerinnig. Our subscriptions is a testimoney and monument to the posteritie, and example to be imitat wpone the lyke occasione.
If they be randred, the subscriuers will be knowen, and may be delt with particularly to zeild to anney nouation in tyme to come; the subscriptions cannot be produced to be a wittnes aganist them, for maney may deny that after they haue subscriued it, withers may be troubled if they zeild not.
Suppose all wer granted, qubilk wee wald craue, that perhaps may be performed for the present tyme, and wee may be depryued afterward of all that shall be granted for the present, by such as be in authority for the present; ore such as shall succeid, of quhome wee haue no assurance.
The condition was neuer embraced by aney nation, and so exposse ourselues to ignominey befor all forreners.
Giue offer wer granted, to grant the professione of religione in the grattest purity that euer aney enioyed it since the apostalls dayes, wpone condition that euery man wold rander his lybell, to burne it, ore destroy it, wald aney man rander his lybell, howbeit he had not subscriued to the contents of it; and suppose he might haue other lybells for byirnng? Bot wee haue subscriued the couenant, and no wther subscriued couenant shall be had. As for the present couenant, it will be alledged that they are not authenticke, ore that they are falsefied, ore may be dischargeit wnder the paine of treasone ore confiscation of goodes, and so may not be producit for a testimoney aganist the knowen subscriuers, bot shawed to posterity with freedome and liberty.
The 29 of this mounthe of Junij, the ministers did present a second supplication to the Lord Comissioner, intreatting that he wold giue a testimoney of his affection to the treuth, in subscriuing the couenant, and in doing some thing tymeously, by expressing his tender caire to the causse of Christe, now calling for helpe at his handes.
This same day, the Lord Commissioner receaued a command from his Maistie, to causse publishe his declaratione; bot he durst not adwenture to doe it, in respecte some of his best freindes assurid him, if that he did so, he wold both endanger his Maiestes honor, his auen sauetie and peace of the publicke, and therfor willed his Grace not to make aney declaration wich wndoubtedly wald be encountred with a protestation, and that in such maner as wold be displeasing to him, and make the publishing of it be disseruiceable to his Maiesty, his master.
The Lord Commissioner, being perplexed with thesse wnexpected difficulties, resolued to spin out that weebe to a lenthe, with courte flourishes, therby to gaine tyme, wntill he might make his Maiesty acquainted with the posture of affaires as they then stood, and receaue furder instructions concerning them.
The Lord Commissioner, in his letters of adwice, acquanted his Maiestie with the danger threatned, if he should publishe his declaratione. He intreatted his Maiestie, if neids he wold haue his declaratione published, that he wold sueittin it with the restoring to Edinbrughe the seattes of justice as formerly; as also, that he wold be gratiously pleassed to giue him leiue to take a iorney to his Maiestie, (thoughe he should returne presentlie) to the end he might acquant his Maiestie with the new emergencies of bussines, and suche other thinges as could not be weill and conueniently be exprissed in letters; and so accordingly receaue instructions from his Maiesty for his carriadge.
To wiche letters of adwice, his Maiestie, by ane expresse, speedily returnid this ansuer. That he wold haue his declaration no longer delayed, bot commandit him presently to publishe it, becausse he wold not (quhateuer should be the euent) haue his people barred the knouledge of his gratious intentions and fauors towardes them. He was contented, lykwayes, that all the courtes of iustice should presently begin to sitt againe at Edinbrughe, for the reasons conteined in his letters; and in off reclaiming that cittey, wich otherwayes, by ther misdemanour, had no ressone to expecte aney suche fauor from him. Lastlie, his Maiestie was contented, after the dispatche of thesse tuo, that according to his desyres he should, quhen he thought it conuenient, repaire to him, taking first order with the counsaile, for keeping all thinges in order vntill his returne.
The Lord Commissioner, hauinge receaued this order from his Maiestie, conueined the counsaile, and acquanted them with it, quho seimed to be so weill satisfied with bringing backe the courtes of iustice to Edinbrughe, that presently, in one woyce, they send this follouing letter of thankes to his Maiestie.
Most sacred Souerainge,
The Marquesse of Hamilton, your Maiesties Commissioner, hauing imparted to ws your Maiesties gratious pleasure and allouance, that the Iudicatories of the Counsaile and Session, and others, should be returned to the cittey of Edinbrughe, therwpone the Lord Commissioner being present, order was giuen for publicatione, at the mercat crosse of Edinbrughe, with all solemities requisite, and that the lyke publication should be made throughout the quhole kingdome, at all publicke places. This hath giuen so grate contentment to all your Maiesties subiects, that wee can expresse with quhat deutifull respecte, and hartey prayers for your Maiestie, they haue embraced this grate and wndeserued fauor. In consideratione quherof, wee conceaue ourselues bound in deutie to acquant your Maiestie heirwith; and to rander your Maiestie all humble and hartly thankes for this so grate grace and goodnes, wiche wee houpe shall contribute to the good of your Maiesties seruice, and to the establishing of the peace of the countrey, for the wich we, all your Maiesties good subiects, shall euer be most thankefull, and all in deutie be bound to pray for your Maiesties longe and happey rainge. Holyrudhousse, 2d Julij, 1638.
Kingorne, Hadington, Mar,
I. Hay, Ia: Carmichell,
Thomas Hope, Io: Hamilton.
The 3d of Julay, this zeire, according to his Majesties proclamation, the Session sate doune in Edinbrughe. At ther doune sitting, the Marques of Hamilton, his Maiesties Commissioner, being ther in persone, spoke to the Iudges thus:-
I was varranted from his Maiestie to recall the Session againe to Edinbrughe; the cheiffe thing that moued him therto, was the sense of the maney incommodities wich his subiects in generall, and the Iudges in particular, did susteine by the remoueing of it; that his sacred Maiestie and Master had requyred him to desyre and command the Iudges to grant all resonable dispatche to Maiesties subiects in the administratione of iustice, that so sometyme wich was, might be regained. Lykwayes, my Lordes, (said he) I must requyre you to be werey cairfull and circumspecte, that in thesse troubelsome tymes, no order nor decree may passe from you, wich may be præiudiciall to his Maiesties croune or seruice.
The 8 of Julij, his Maiesties Commissioner caused solemlie proclaime the Kings declaration (or a proclamatione of his fauor and grace, as in his auen letter he named it,) at the crosse of Edinbrugh, quherin his Maiestie declairs himselue to be free of aney staine of poprey, that he will manteine the religion presently professed within the kingdome, without aney: That he walde not, in aney tyme heirafter, euer wrge his subiects with the practisse of the seruice booke, booke of canons, ore aney thing of that nature: That he wold not make aney alteration ather in lawes ore gouerniment: That he wold in no wayes wronge the liberty of the subiecte: That he wold rectifie the heighe commission, by the helpe and adwice of his priuey counsaile, that it shall neuer impunge the lawes, nor be a just griuance to his loyall subiects: That at his conweniencey he wold indicte a free generall assembley and parliament, quherin all the iust griuances of his subiectes should be remedied. Greinwitch, the 28 of Junij, 1638.
No souner was the proclamatione endit, bot Iohne, Earle of Cassiles, in name of the noblemen; Mr Alexander Gibsone, younger of Durie, in name of the barrons; Iames Fletcher, prouest of Dundie, in name of the burrowes; Mr Jo: Ker, at Sallpeston, in name of the; and Mr Archbald Iohnston, reider of the protestatione, (wich from a scaffold neir the crosse, to that purpois rerected) in name of all quho did adhere to the confessione of faithe and couenant laitly renewed, tooke instruments in the handes of three nottaries, present at the said crosse of Edinbrugh, being enwironed with numbers of noblemen, barrons, &c. befor maney hundreds of wittnesses; and craued the extracte therof: and in tokin of ther deutifull respecte to his Maiestie, confidence of the equity of ther causse, and innocencey of ther carriage, and houpe of his Maiesties gratious acceptance, they offred, in all humilty, with submisse reuerence, a copey of ther said protestatione to the herauld quho had proclaimed his Maiesties proclamation.
The Marques Hamilton, his Maiesties Commissioner, takes his iorney to courte, aboute the midle of Julij, and returns hither, according to his promisse, aboute the 6 of Aguste, this same zeire, with new iniunctions; and befor he wold indicte a generall assembley, he deliuered to the Lordes that stood for the couenant, his Maiesties demandes, (as he called them) in ten artickells:-
Firste, That all ministers deposed or suspendit by the presbeteries, since the 1 of Febrij last, without warrant of the Ordinarey, shall be restored to ther auen places, till such a tyme as they shall be legally conuicted.
2. That all moderators of presbeteries, deposed since the forsaid day by the presbeteries, without warrant of the Ordinarey, be restored; and all moderators appoynted by the said presbeterey, without warrant forsaid, to desist from executting the office of moderator.
3. That all ministers admitted by the presbeteries, since the forsaid day, without warrant from the Ordinarey, shall desist from exercissing the function of ther ministrey in that place to wich they haue beine so presented and admitted.
4. That all parishioners shall frequent ther auen churches, and heir ther auen ministers; and that the elders assist the ministers in the sessione, and other exercisses of the discipline of the church, as formerlie they wer wssed to doe.
5. That all bischopes and ministers haue ther rents and stipends, deulie and thankfully payed them.
6. That al ministers be presently appoynted to repaire to ther auen churches; that none of them come to the assembly, ore to the place quher the samen shall be held, bot suche as shall be chosen commissioners from the presbeteries.
7. That according to the acte of assemblie 1606, moderators of presbetries being found necessarey members of the assemblie, eurey one of the said moderators be appoynted to be commissioner from the presbeterey quher he is moderator.
8. That bischopes and other ministers quho shall attend the assemblie, may be secured in ther persons from trouble and molestatione.
9. That the commissioners from presbeteries be chosen by the ministers of that presbiterey only; and that no lay persone quhatsomeuer medle in the choisse, nor no minister without his auen presbiterey.
10. That all conuocations and meittings be desolued, and that eurey man repaire to his auen housse; that the countrey be not onlie made peaceable, but also al suche actes befor borné as may make it appeire to be otherwayes.
And since his Maiestie is still displeassed with the couenant, wisdome and our deutifull obedience to our souerainge, requyre that some suche coursse should be takin quherby his Maiestie may receaue satisfactione therin; and in the meanetyme, that ther be no pressing, threttning, ore persuading of men to subscriue the couenant, nor no mention made therof aney more in pulpitts.
To thesse ten artickells of his Maiesties Commissioners, the lordes, barrons, burgesses and ministers, returned the follouing anssuers:-
Hauing seriously considred with ourselues, that nothing in this world is so pretious, and ought to be so deir wnto ws as our religion; that the deseases of the churche after longe toleration did threttin no lesse then the wtter ruine and expyring of the treuth of religion at last; and that a free generall assembley was the ordinarie remeid appoynted by diuyne authority, and blissed by dewyne prouidence in other churches; and after a speciall maner in the church of Scotland, wee haue oftin and earnistly supplicated for the same, and haue laboured to remoue quhat was obiected, or quhat wee could conceaue to be aney hinderance to the obteining of our desyres. Lyke as now wee haue for the same good end resouled to returne this anssuer to the particulars proponded to be performed by ws, befor that aney assembley be indicted.
The particulars proponded are ather concerning matters ecclesiasticall or ciuill. Ecclesiasticall or churche matters are, the first, concerning ministers suspendit ore deposed by the presbeteries, since first of Februarij last, without warrant of the Ordinarey, that they be restored to ther auen places. The second, concerning moderators of presbeteries deposed since the forsaid day, to be restored, and all moderators appoynted by the said presbeteries without warrant forsaid, to desist from executting the office of moderator. The thrid, concerning ministers admitted since the forsaid day, that they desist from exercising the function of the ministrey in that place to wich they haue beine admitted.
Thesse 3, doe concerne the proper deutey and particular facts or faults of presbeteries, quherin wee haue no pouer to judge or determine, wither they haue proceided lawfully or not; far lesse can wee wrge or command them to recall quhat they haue determined ore done in the suspending, deposing or admitting of ministers, or moderators, they being properly subiecte to the superior assemblies of the churche; and in this caisse and conditione of the churche, to the generall assembley, quher, if that they shall not after tryall justifie ther proceidinges from the good varrants of scripture, reasone and the actes and practisses of the churche, they ought to susteine ther auen deserued censure. And since, one the one syde, ther be maney complaintes aganist the prælats for the vsurpatione ouer presbeteries in the lyke particulars; and, one the other syde, ther be suche complaintes of the doinges and disorders of the presbeteries, to the offence of the prælats; we trust that his Maiesties Commissioner will not esteime this to be aney hinderance of the indictione of a generall assembley, bot rather a pouerfull and principall motiue with speed to conueine the same, as the proper judicatorie, quherin to determine such dangerous and vniuersall differences of the churche. Nather doe wee heire that aney ministers are deposed, bot suspendit during this interim, till a generall assembley, for ther erronious doctrine, and flagitious lyffe. So that it wer most offenciue to God, disgracefull to religion, and scandalous to the people, to restore them to ther places, till they be trayed and censured. And concerning moderators, none of them (as wee wnderstand) are deposed, bot some onlie changed, wich is werey ordinarey in this churche.
The fourte, concerning the repairing of paritioners to ther auen churche; and that elders assist the ministers in the discipline of the churche, ought to be cognosced and judged by the particular presbeteries to wiche the parischeoners and elders are subiecte, since the causse may be in the ministers, no lesse then in the parischoners and elders; and in caisse they find no redresse ther, to assent till they come to a generall assembley, the want quherof maketh disorders to be multiplied, both in presbeteries and in particular parishes.
To the sext, that ministers vait wpone ther auen churches, and that none of them come to the assembley ore place quher they same is keipte, bot suche as shall be chosen commissioners from presbeteries; wee anssuer, that none are to come to the place of the assembley, bot suche as ather alloued by commission to haue voice, or otherwayes haue suche entresse as they can justifie to his Maiesties Commissioner, and the assembley conweined.
To the 7, concerninge the appoynting of moderators of presbeteries to be commissioners to the generall assembley; onlie constant moderators, quho haue cessed longe since, wer found in the assembley 1606, (wich neuer was reputted by the churche to be a lawfull nationall assembley) to be necessarey members of the generall assembley; and if both the moderators, who, if they be necessarey members, neid not to be chosen, and the chosen commissioners repaire to the assembley, the assembley itselue can judge best of the members therof it ought to consist.
To the 9, that no lay persone quhatsomener medle with the choysing of commissioners from the presbeteries, and no minister without his auen presbeterie; wee say, that according to the order of our churche discipline, non bot ministers and elders of churches ought to haue woyces in choysing of commissioners from presbeteries; and that no minister ore elder should haue voyce in electione, bot his auen presbeterey.
The rest of the particulars are concerning ciuile matters; as the fyfte, concerning paying of rents and stipendes to ministers and bischopes, concerning wiche wee can say no furder, bot that the lawes are patent for them, as for his Maiesties other subiectes; and that the Generall Ass: ought not to be delayed wpon aney complaint of that kynd.
The eghte, requyring that bischopes and ministers be secured in ther persons, wee think so resonable, that wee will promisse eurey one of ws, for our auen pairts, they shall suffer no wiolence from ws; and that wee shall hinder others, so fare as wee may; and if aney trouble them otherwayes, ore make them aney kynd of molestatione in that attendance, bot by order of law, the parties are justlie punishable according to the degree of ther faulte, as other subiects are.
To the 10, concerning the dissoluing of all conuocations and meittinges, and the peaceablenes of the countrey; thesse meittings being keipt for no other end, bot for consulting aboute lawfull remedies aganist suche pressing griuances as threttin the desolatione of this churche and staite, cannot be dissolued till the eiuells be remoued. And wee trust that nothing in thesse our meittinges hath escaped ws, wiche carrieth in it the smallest appeirance of wndeutifulnesse, or wiche may seime to tend to the breache of the comon peace. Bot altho our aduersaries haue heirin calumniatted ws, yet wee haue alwayes so behaued ourselues as beseimed his Maiesties most humble and loyall subiects, petitioning his Maiestie for a legal redresse of our just griuances.
To the last, concerning the couenant, the Commissioner, his Grace hauing maney tymes, and most instantly pressed ws with that poynt, wee did first, by inwincible arguments, make manifest, that wee could not, withoute sininge aganist God and our auen consciences, and without doing wrong to this nationall churche, and all posteritie, reschind ore alter the same; and therafter did at large cleire the same of all wnlawfull combinatione aganist authoritie, by our last supplication and declaration wich his Maiesties Commissioner, accepted as the most redey and powerfull of all other meins, wich could come within the compasse of our thought to giue his Maiestie satisfaction; the subscriptione of this our Confession of Faith and couenant, being ane acte so euidently to the glorie of God, the Kinges honor and happines of the kingdome, and hauing alredy proued so comfortable to ws in the inwarde of our hartes. It is our ardent and constant desyre, and readie wische, that both his Maiestie and all his good subiects may be pertakers of the same comfort, lyke as wee find ourselues bound by concience, and by the couenant itselue, to persuade all his Maiesties good subiects to ioyne with ws for the good of religion, his Maiesties honor, and the queittnesse of the kingdome; wich being modestly wssed by ws, without pressing or threttning of the meinest, wee houpe shall neuer giue his Maiestie the least causse of discontent.
Seing therfor, according to our power and intresse, wee are most willing to remoue all hinderances, that thinges may be carried in a peaceable maner, worthey our profession and couenant; doe aime at nothing bot the good of the kingdome, and preseruation of the churche, wich by consumption or combustion is lyke to be desperatly, except remedey be some way speeidely prowydit; and wee delight to wsse no other meines bot such as are legall and haue beine ordinarey in this churche since the reformation. Wee are confident, that without furder delay, for præuenting of gratter eiuells and miseries then wee can expresse, our just desyres shall be granted, so shall wee be encouraged in the peace of our souils, still to pray for his Maiestie, all incresse of trew honor and happines.
The Marques Hamilton, his Maiesties Commissioner, takes a second woyage to the courte, in Agust this zeire, and finds the King then at, quher he stayed onlie eighte dayes, and returnes some thre or foure dayes befor the tyme appointed to the Lordes couenanters, and conueines the counsaile at Holyrudhousse, the 22 of September 1638, and producis tuo missiues from his Maiestie, and signed with his hand; quherin, as the onlie meines to setle peace within this kingdome, he enioynes the subscriueing anew the Confession of Faithe, and band subioyned therto, as it was seigned by his royall father at Edinbrughe, 28 of Janij, 1580, to be renewed, (wich as he wreattes,) he hes commandit his Commissioner, with adwice of the Lordes of his priuey counsaile, to setle and order, quherby the said Confession of Faith and band may be a new subscriued by the quhole subiects within the kingdome; as a proclamatione for that same purpois was proclaimed at Edinbrughe crosse the 23 of September, seigned with his Maiesties hand, at Otelandes, in England, 9 September. The wther letter bore, as he was bothe in judgement and concience satisfied of the reformed Protestant religion now established, and aganist the Roman, so he purposed, by Gods grace, both to live and die in the practisse therof; and to preserue and manteine the same in full strenth and integrity, according to the lawes of that his ancient kingdome.
After the forsaid proclamation had issewed fourthe, anent the subscriuing of the Confessione of Faithe, as it was done in Ao 1580, the Kinges Commissioner and Lordes of priuey counsaile, both did sueare and subscriue the same, and past ane acte of the 22 of September, for the subscriuing therof by all the subiects within the kingdome. Bot thesse that had suorne and renewed ther couenant alredey with the ministers, thought that the subscriuing of this enioyned by his Maties Commissioner, was not only præiudiciall to them and ther causse, bot lykwayes did inferre a manifest periuriey one them, and a breache of ther couenant, and therfor dissuadit euery one from subscriuing it.
One this same 22 of September, ther issewed fourthe ane other proclamatione, for the indictione of the generall assembley, to be holdin and keipt at the cittey of Glasgow, the 21 of Nouember follouing, this same zeire.
Immediatley after this proclamatione of the indiction of the generall assembley, ther folloued ane other of the same dait, ordaining the heighe courte of parliament to sitt doune at Edinbrughe one the 15 day of Maij, with continuation of dayes; and lastly, after the parliament wes called, ther was publissed the commissione of the Lordes of secrett counsaile, by wich they appoynted and designed seuerall commissioners for requyring and taking the subscriptions of the subiectes to the said Confession and band, (called the Kinges couenant,) throughe the seuerall shyres within the kingdome.
Vith all this courte creame and smouthe flourishes, the Lordes of his Maiesties priuey counsaill heir, seimed not onlie weill pleassed, bot satisfied; and werilie thought that this courte holy watter wold haue extinguished all the former flames and combustions, as appeired by ane acte of counsaile, and a particular letter directed by them to his Maiestie, wich heir doe follow:-
The Lordes of secrett counsaile, hauing read and maturly considered his Maiesties letters, and particular declaration of his pleasur anent the anulling of the seruice booke, booke of canons and heighe commission, dischargeing the pressing of the practisse of the 5 artickells, making all persons ecclesiasticke and ciuile, of quhat title and degree soeuer, lyable to the trayell and censure of parliament, Generall Ass: and other judicatories competent, anent the not administratting to ministers at ther entrey aney other othe than that wich is contined in the acte of parliament, anent the subscriuing and renewing the confession of faith, subscriued by his Maiesties father, (of blissed memorie,) and his housshold, in Ao 1580, and band follouing therwpone; anent the indictione of a generall assembley to be holdin at Glasgow, 21 of Nouember, 1638, and parliament at Edinbrughe the 15 of Maij, 1639; and anent his gratious goodnes in forgetting and forgiuing all buyganes, and indiction of a fast, for crauing of Gods blissing to this assembly; find themselues so fully satisfied therwith, and the same to be so satisfactorey for remoueing all the feares of the subiectes anent innouation of religion or lawes, that wee hold ourselues bound in deutiey, not onlie to acquiesse therwith as the best meine to secure both religion and lawes, bot also to wsse our best indeuors that all his Maiesties good subiects may lykwayes rest satisfied therwithe; and that they with ws, and wee with them, may testifie our thankfullnes for so grate a grace and goodnes, with all the heartie expressions of deutifullnesse and loyalty; and that oure trew sense heirof may the more cleirlie appeire to our sacred souerainge, wee doe by thesse humblie and hartily make offer of oure liues and fortuns in the defending and assisting of his Maiesties sacred persone and authority, in the mantinence of the forsaid religion and confession of faith, and repressing of all suche as shall heirafter presse to disturbe the peace of this kirke and kingdome. In witnes quherof wee haue hartily and freelie subscriued thesse presents with our handes, at Holyrudhousse, 22 day of September, 1638.
Linlithgow, Tullibardyne, Perthe,
Vigtone, Kingorne, Hadington,
Kinnoule, Drumfreis, Soutsescke,
Belheauin, Angus, Dalyel,
Jo: Hay, Sr Tho: Hope, S. Wil: Elphingston,
Ja: Carmichell, Jo: Hamilton,
Most sacred Souerainge,
If euer faithfull and loyall subiectes had reassone to acknouledge extraordinarey fauors showen to a nation – and in a most submissiue and hartley maner giue reall demonstrations of the grace woschaffed – then doe wee of your Maiesties counsaile of this your ancient kingdome, vnanimously professe, that suche actes of clemencey woschaffed ws, cannot proceid from aney prince sauing him quho is the liueliey image one earth of the Grate God, author of all goodnesse, for returne of so transcendent grace, fortified with the reall expression of wnparaleled pietiey, royall inclination to peace, and wniuersall loue, not onlie to thosse of our number, bot lykwayes to all your Maiesties loyall subiects; wee doe all in one voyce, with all resentment can be imagined, in all humility, rander our bundin thankes, and offer, in testimoney of our full satisfaction and acquiessence heirwith, to sacrifisse our liues and fortuns in seconding your sacred Maiesties commandiments, and repressing all suche as shall heirafter preasse to disturbe the peace of the kirke and kingdome; and for some small signification of our alacrity and diligence in your sacred Maiesties, wee haue all, without the least shadow of aney scruple, subscriued the confession of faith and band appoynted to be receaued by all your Maiesties loyall subiects, sent the acte passed in counsaile, with our other proceidinges, wich we doe most humbley represent to your royall weiue; and wee beseiche your Maiestie to be pleased to be persuadit of the inwiolable deuotion of all heir subscriuers, who doe all, in all humilitie, pray for your Maiesties most happey and flourishing rainge.
Marishall, Mar, Murray,
Linlithgow, Perth, Vigtone, Kingorne,
Kinnoule, Drumfreis, Southesck,
Angus, Lorne, Elphingston,
Naper, Dalyel, Amont,
Jo: Hay, Sr Thomas Hope,
S. Will: Elphingston,
The proclamations of the 22 of Sept: this zeire, for indicting a generall assembley and parliament, not anssuering the suplications, petitions and artickells exhibit to the Kinges Commissioner, was receaued by the noblemen, barrons and burgesses, ministers and comons, with a protestatione of the same dait, for ther auen vindicatione, liberties of churche and kingdome, wich after the reiding therof at the mercat crosse of Edinbrughe, James, Earle of Montrois, in name of the noblemen; Mr Alexander Gibsone, younger of Durie, in name of the barrons; George Porterfeild, merchant burges of Glasgow, in name of the burrowes; Mr Henrey Rollock, minister at Edinbrughe, in name of the ministers; and Mr Archbald Johnston, reider of the said protestation, in name of all thesse quho adhered to the confession of faith and couenant renewed within this kingdome, tooke instruments in the hands of three notaries present at the said mercat crosse of Edinbrughe, being enwironed withe grate numbers of noblemen, barons, gentlemen, burrowes, ministers and comons, befor maney hundereth wittnesses, and craued the extracte therof; and in tokin of ther dewtifull respecte to his Maiesty, confidence of the equity of ther causse and innocencey of ther carriage, and houpe of his Maiesties gratious acceptance, they did offer in all humility, with submisse reuerence, a copey of the said protestation to the herauld.
Befor the doune sitting of the generall assembley, the Kinges Commissioner and the other deputted commissioners be acte of counsaile, wer werey diligent in procuring the Kinges couenant to be subscriued; alluring some with faire promisses, and others with threttnings, notwithstanding the sexteine reasons wsed to the contrarey, by the couenanters, in ther protestation aganist the subscriuing of that confession of the Kinges, (called the Kinges couenant) in respecte that Episcopacie, abiured by the first couenant, might subsist by that off the Kinges; as also ane other maine reason was, that his Maiesties meining, now intimat by his commissioner, That the innouations introduced in this kirke since the zeir 1580, (wich is conceaued to repugne to the genuine and trew sense of that couenant, as it was then made,) may subsist with the forsaid couenant as it was then subscriued, in Ao 1580; this last was the main ressone quhy Sr Alexander Gibsone, elder, Sr George Erskyne, Sr Johne Hope and Sr Johne Scott, foure senators of the Colledge of Justice, refussed to subscriue the Kinges couenant, quhen the remanent Lordes of the Session did subscriue it, in the begning of Nouember, this zeire, wntill the generall assembley indicted, should giue ther interpretation of that couenant, since it properlie belonged to them to cleire all such doubtes and wthers grounds of distractions quhilkes has laitly fallin out in this kingdome; and being wrged to subscriue the Kinges couenant, they absolutly refused for the formentionat reasons; quherwpone, in presence of his Maiesties Commissioner, they tooke instruments in ther clercks hands, for windication of themselues, and that ther procedure should not be construed to proceid from aney disloyalty or disobedience to authoritie.
The 3d of October, this same zeire, also, the Lordes couenanters wreatt to his Maiesties Commissioner, being then at Hamilton, complainng one thesse quho forced men to subscriue and sueare the Kinges couenant, contrair to his promisse made to them at Edinbrughe, as followethe:-
Please your Grace,
Wee wer glade of the indiction of the ane assembley, as the means to bring our complaints to ane end; and as wee promissed for our pairt to doe our endeuore, that all matters might be carried in a peaceable way, and no man troubled in any sorte till that tyme, so did wee certanlie expecte, that no violence or molestatione should haue beine wssed aganist aney of thosse quho had subscriued the last couenant; and zet, far contrarey to our expectation, are brought hither almost eurey houre griuous complaints from maney of the people in diuersse pairts of the kingdome; that they are by the threttninges and oppin violence of some statsmen, and counsellers, and barrons, constrained to subscriue a confession of faithe and band; some with blind and doubting mynds, and others aganist ther conciences, to the grate trouble of ther soulles, and grate disturbance of the peace of the countrey, contrarey to suche peaceable preparations as should haue proceidit a perfyte pacification at a generall assembley. If wee had hard bot some complaints of this kynd, wee wold haue spared both your Graces paines and our auen; bot complaints being multiplied more and more, wee could not bot of deutiey make some representations therof to your Grace, that some coursse may be takin for present suppressing this so irreligious and vniust maner of doing; and for præuenting the hard consequences that may ensew from people quho are thus pressed to subscriue aganist ther mynds, and from others who are ioyned in couenant with them, wich as it is humblie petitioned, so it is confidently expected by,
Your Grace’s humble seruants,
The Marques, his Maiesties Commissioner, anssuered this letter with ane other, directed to the Earle of Cassiles, from Hamilton, 9 of October, full of denayells, exagerations and recrimenations, anent ther last protestatione, wssed in Edinbrughe, in September last, bot neuer anssuered a sylabe to that the saids Lordes had wrettin to him off.
The Lordes wreatt lykwayes ane other letter to the Kinges Commissioner, from Edinbrughe, the 28 of October, quherin they did expostulat with him, that one of his Maties shipes at sea had searched a Scottes marchant shipe for amunition; as also for hindring the bringing of horses from England thithir.
To this letter he wrotte ane anssuer, from Hamilton, wich he directed to the Earle of Rothes, shewing that he wold acquant his Maiestie with ther complaints, and contents of ther letter, quho he doubted not wold if suche directions therein, as his good subiects wold haue no causse of iust complaint.
The Lordes, in October, and begning of Nouember, this zeire, putt watches to the castle of Edinbrughe, to the intent that the Kinges Commissioner should not wnuarsse putt a garisone and amunitione therin, to the preiudice of the kingdome, and disturbance of the peace proposed; quherat the Marques storm’d extremlie, and by his letters menaced to doe maney thinges, wich verily I thinke he neuer intendit.
The 24 day of October, this zeire, ther was a petitione exhibit to the presbetery of Edinbrughe, by the noblemen, barons, burgesses, ministers and comons, aganist the Lordes of the clergie, the Archbischopes and Bischopes; wich petitione, in name of all that adhered to the couenant, was presented to the said presbiterey by the Lairdes of Buchanan, Durie yonger, and Carlourie; John Smith, lait balzie of Edinbrughe, John Hamilton, and Richard Maxswoll; to wich petione the presbeterey gaue no other anssuer, bot referrid it to the ensewing generall assembley, to be haldin at Glasgow, 21 Nouember; and did ordaine the publishing of the said complaint, and ther reference of it to the assembley, to be fully read by all the ministers of the presbiterey, wpone the nixt Sabothe befor noone, out of ther pulpitts, with a publicke warninge and citation to the offendants complained wpone by name, viz.
Mr Johne Spotswood, pretendit Archbischope of St. Andrewes, Chanceler;
Mr Patrick Lindesay, pretendit Archbischope of Glasgow;
Mr Thomas Sydserffe, pretendit Bischope of Galloway;
Mr Dauid Lindesay, pretendit Bischope of Edinbrughe;
Mr Alexander Lindesay, pretendit Bischope of Dunkelden;
Mr Adam Banantyne, pretendit Bischope of Aberdeine;
Mr John Guthrie, pretendit Bischope of Murray;
Mr Johne Maxswoll, pretendit Bischope of Rosse;
Mr George Grhame, pretendit Bischope of Orkney;
Mr Johne Abernethey, pretendit Bischope of Cathnes;
Mr Walter Quhytefurd, pretendit Bischope of Brechin;
Mr James Wedderburne, pretendit Bischope of Dumblaine;
Mr James Fairlie, pretendit Bischope of Argyle;
Mr Nigellus Campbell, pretendit Bischope of the Iles;
To be present at the said assembley, to anssuer to this complaint in generall, and to the particular heades of it; to wndergoe the trayell and censure of it, and to bring with them the bookes and scroulles of the subscriptions and othes of them quho enter into the ministrie; the bookes of the heighe commissione, and the booke of the generall assembley, wich they ather had, or haue fraudulently put away. If aney pastor within this presbiterey refusse to publishe this citatione, wee requyre the reider of the churche to doe it. In lyke maner, wee requyre all parties quho haue intrest in persewing, ore specifing or proweing this complaint, to be present at this assembley for that purpois; wpone wich the compleiners tooke instruments in the handes of a publick notarey ther present.
According to this complaint, and the warrant of the presbeteries reference of it, they wer formally citted to compeire befor the ensewing generall assembley, to be holdin at Glasgow, 21 of Nouember, &c.
The cittey of Glasgow being thronged with all sortes of people one the 21 of November, the day desainged by his Maiesties proclamation, the generall assembley begun, and was opned, for after sermon they assembled in the afternoone; the ancientest minister in the toune, Mr Johne Bell, quho had preached in the morning, desyred all present to begin the action with choysing a moderator. The Marques of Hamilton, his Maiesties Commissioner, (quho sate one a throne, being eminently raissed aboue all other seattes, with his assessors aboute him, conweniently seatted somewhat below himselue,) first caussed his Maiesties commission to be read, wich was werey ample, bearing dait at Ottelandes, 29 of Julij, 1638, and in the 14 zeire of his Maiesties rainge.
After his Maiesties Commissioners deperture from the assembley, one Wedinsday the 28 of Nouember, he presently, that same night, assembled the counsell; only tuo wer absent, the Earle of Argyle, quho did excusse his not coming, and the Lord Amont, quho was then seeike. At this night meitting of his Maiesties priuey counsaill, tuo thinges wer concludit; one was, to wreat a letter of thankes to his Maiestie, for the gratious profers his Commissioner had made in his name at the assembley; the other was, the emitting a proclamatione for dissoluing of the assembley. Ther letter heire followithe.
Most sacred Souerainge,
In obedience of your Maiesties royall commands, wee haue attendit your Maiesties Commissioner heire at Glasgow, since the 17 of this instant; and according to our bound deutie, in so exigent ane occasion, haue not bein wanting with our humble and best aduices; and altho wee doe remitt the particular relation of quhat is past to his Graces selff, as best knowen to him, zet we cannot, for treuthes saick, be so silent, as not acknowledge to your Maiestie, that neuer seruant did with more industrie, caire, judgement and patience, goe aboute the discharge of so grate a trust. And albeit the successe hath not anssuered his desyres, nather zet his extraordinarey paines, and (as wee may confidently affirme) most dexterous and advised courses takin to compasse the iust command of so gratious a Kinge; zet his deseruing heirin meritts to be remembred to posterity. And since your Maiestie hath beine pleassed to renew to ws your former acte of grace, expressed in your proclamation and declaration anent the mantinence of the trew religion; and in the defence and profession therof, wee doe all, in humility and harty acknouledgement of so grate goodnesse, returne to your Maiesty the offer of our liues and fortouns in defence of your sacred persone, and mantinence of your royall authority, and shall in all our actions approue ourselues your Maiesties most loyall subiectes, and humble seruants.
Marre, Murray, Lithgou, Pearthe,
Vigtone, Kingorne, Tullibardin,
Hadington, Galloway, Annandaile,
Lauderdaill, Kinoule, Drumfreis,
Angus, Elphingston, Naper, Dalyell,
J. Hay, W. Elphingston, Ja: Carmichell,
From Glasgow, 28 Nouember, 1638.
This letter the Earle of Argyle did refusse to subscriue. As for the Lord Commissioners proclamation for dissoluing of the assembley, and ther protestation aganist it at the mercat crosse of Glasgow, 29 of Nouember, wich I haue formerlie spokin off in ther auen place, I will not heir againe repeat.
The 8 of December, this same zeire, his Maiesties Commissioner, hauing obteined his Maiesties liue for his returne to courte, and herinng maney eiuell disposed persons to haue wented abroad that his Maiestiey neuer meind to performe quhat hes Commissioner had promissed in his name, (as he pretended); bot the treuth was, that he hauing made suche bussines at Glasgow, and endeuored by al meins to raisse the assembley; coming imediatley therafter to the citey of Edinbrughe, fand the same not onlie in a grate sturre, bot the castell therof stronglie gaurded; wich moued him, befor his deperture from his Maiesties palace of Holyrudhousse, to emitt a proclamation, of the dait at Whithall, the eight day of December, shewing his proceidings at Glasgow, wich was mett with a protestation, solemlie made at the mercat crosse of Edinbrughe, the 18 day of December, 1638.