constituted, greeting. For as much as Wee out of Our Princely care of
maintenance of the true Religion already professed, and for beating
downe of all superstition, having ordained a Book of Common prayer to
be compiled for the generall use and edification of Our subjects within
Our ancient Kingdome of Scotland, the same was accordingly done: In
the performing whereof, We took great care and paines; So as nothing
past therein but what was seene and approved by Us, before the same
was either divulged or printed, assuring all Our loving subjects, that
not onely Our intention is, but even the verie Book will be a readie
meanes to maintaine the true Religion alreadie professed, and beat
out all Superstition; Of which We in Our owne time do not doubt but
in a faire course to satisfie Our good subjects. But having seene and
considered some Petitions and Declarations given in to Our Councell
against the said Book and late Canons of the Church, We find Our Royall
Authority much injured thereby, both in the matter and in the carriage
thereof; whereby We conceive these of Our Nobility, Gentrie, Burroughs,
Ministers, and others, who kept and assisted these meetings and
Convocations for contriving and forming the said Petitions, or who have
subscribed the same, to deserve and bee liable to Our high censure,
both in their persons and fortunes, as having conveened themselves
without either Our consent or authoritie; Yet because Wee beleeve that
what they have done herein is out of a preposterous zeale, and not out
of any disloyaltie or disaffection to Soveraigntie, We are graciously
pleased in so farre as concernes these meetings for consulting or
subscribing of these Petitions, or presenting the same to any Judge or
Judges in Our said Kingdome, to dispense therewith, and with what may
bee their fault or errour therein, to all such as upon signification or
declaration of Our pleasure shall retire themselves as becometh good
and dutifull subjects: To which purpose Our will is, and We charge you
straightly, and commands, that incontinent these Letters seene, you
passe, and in Our name and authoritie make intimation hereof, to all
Our lieges and subjects, by open Proclamation at all places needfull,
wherethrough none pretend ignorance thereof; And therewith also, That
you in Our name and authoritie discharge all such convocations and
meetings in time comming, under the paine of treason: And also that
you command, and charge, and inhibit all our lieges and subjects,
that none of them presume nor take in hand to resort nor repaire to
Our Burgh of Sterling, nor to no other Burgh, where Our Councell and
Session sits, till first they declare their cause of comming to our
Councell, and procure their warrant to that effect. And further,
that you command and charge all and sundrie Provosts, Bailiffes, and
Magistrates within Burgh, That they and everie one of them have a
speciall care and regard to see this Our Royall will and pleasure
really and dutifully obeyed in all points; And that no violation
thereof be suffered within their bounds, under all highest paine,
crime, and offence that they may commit against Us in that behalfe.
As also that you command and charge all and sundrie Noblemen, Barons,
Ministers and Burrowes, who are not actuall indwellers within this Our
Burgh, and are not of the number of the Lords of our privie Councell
and Session, and members thereof, and are already within this Our
Burgh, that they, and everie one of them, remove themselves, and depart
and passe forth of Our said Burgh, and returne not againe, without the
warrant aforesaid, within six houres after the publication hereof,
under the said paine of treason. And as concerning any Petitions that
hereafter shall be given unto Us, upon this or any other subject,
Wee are likewise pleased to declare, that We will not shut Our ears
therefrom; so that neither the matter nor forme be prejudiciall to Our
Regall Authoritie. The which to do We commit to you, conjunctly and
severally, Our full power by these Our Letters, delivering the same by
you duely execute and indorsed againe to the bearer. Given under Our
Signet at Sterling the nineteenth day of February, And of Our Reigne
the thirteenth yeere, 1638.
Per actum Secreti Concilii.
* * * * *
1638.—February 19.
27. _Protestation by Lords Hume and Lindsay._[51]
FOR GOD AND THE KING.
We Noblemen, Barons, Ministers, Burrowes, appointed to attend his
Majesties answer to our humble Petition and complaint, and to preferre
new grievances, and to do what else may lawfully conduce to our humble
desires; That whereupon the 23. of September last, wee presented a
Supplication to your Lordships, and another upon the 18. of October
last, and also a new Bill relative to the former upon the 19. of
December last, and did therein humbly remonstrate our just exceptions
against the Service Book, and Book of Canons; and also against
the Archbishops and Bishops of this Kingdome, as the contrivers,
maintainers, and urgers therof, and against their sitting as our
Judges untill the cause be decided; earnestly supplicating withall to
bee freed and delivered from these and all other innovations of that
kinde, introduced against the laudable Lawes of this Kingdome; as that
of the High Commission, and other evils particularly mentioned, and
generally contained in our foresaid supplications and complaints, and
that this our partie delinquent against our Religion and Lawes may be
taken order with, and these pressing grievances may be taken order
with and redressed according to the Lawes of this Kingdome, as by our
said supplications and complaints more largely doth appeare: With the
which on the 19. of December last, we gave in a Declinator against
the Arch-bishops and Bishops as our parties, who by consequence
could not be our Judges; whereupon your Lordships declared by your
Act at Dalkeith the said 19. of December, that you would present our
Petitions to his Majesties Royall consideration, and that without
prejudice of the Declinator given in by us the said supplicants;
whereupon we should be heard at place and time convenient, And in the
mean time should receive no prejudice, as the said Act in it selfe
beareth. And whereas we your Lordships supplicants with a great deale
of patience, and hope also, grounded on sundry promises, were expecting
an answer to these our humble desires, and having learned that upon
some directions of His Majesties anent our supplications and complaint
unto your Lordships of the Secret Councell, your Lordships admits to
the consulting and judging anent our supplications, and His Majesties
answere thereunto, the Archbishops and Bishops our direct parties,
contrarie to our Declinator first propounded at Dalkeith, and now
renewed at Sterling; and contrarie to your Lordships Act aforesaid
at Dalkeith, and contrarie to our Religion and Lawes, and humble
supplications. Therefore lest our silence be prejudiciall to this so
important a cause, as concernes Gods glorie and worship, our Religion,
Salvation, the Lawes and Liberties of this Kingdome, or derogatorie
to the former supplications and complaints, or unanswerable to the
trust of our Commission; out of our bound dutie to our God, our King
and native Countrey, we were forced to take instruments in Notaries
hands, of your Lordships refusall to admit our Declinator, or remove
these our Parties, and to protest in manner following: First, That we
may have our immediate recourse to our sacred Soveraign, to present
our grievances, and in a legall way to prosecute the same before
the ordinarie competent Judges, Civill or Ecclesiasticall, without
any offence offered by us, or taken by your Lordships. Secondly, We
protest that the said Archbishops and Bishops, our Parties complained
upon, cannot be reputed or esteemed lawfull Judges to sit in any
Judicatorie in this Kingdome, Civill or Ecclesiasticall, upon any of
the supplicants, untill after lawfull tryall judicially they purge
themselves of such crimes as we have already laid to their charge,
offering to prove the same whensoever His Sacred Majestie shall please
to give us audience. Thirdly, We protest that no Act nor Proclamation
to follow thereupon, past, or to be past in Councell or out of
Councell, in presence of the Archbishops and Bishops, whom we have
already declined to be our Judges, shall any wayes be prejudiciall
to us the supplicants, our persons, estates, lawfull meetings,
proceedings, or pursuits. Fourthly, We protest that neither we nor any
whose heart the Lord moveth to joine with us in these our supplications
against the foresaid Innovations, shall incurre any danger, in life,
lands, or any Politicall or Ecclesiasticall paines, for not observing
such Acts, Bookes, Canons, Rites, Judicatories, Proclamations,
introduced without or against the Acts of Generall Assemblies, or
Acts of Parliament, the Statutes of this Kingdome; But that it shall
be lawfull for us or them to use our selves in matters of Religion
of the externall worship of God and Policie of the Church, according
to the word of God, and laudable Constitutions of this Church and
Kingdome, conforme to His Majesties Declaration the ninth of December
last. Fifthly, Seeing by the legall and submisse way of our former
supplications, all who takes these Innovations to heart, have been kept
calme and carried themselves in a quiet manner, in hope of redresse;
We protest, that if any inconvenience shall happen to fall out (which
we pray the Lord to prevent) upon the pressing of any of the foresaid
Innovations of evils, specially or generally contained in our former
supplications and complaints, and upon your Lordships refusall to take
order thereanent, the same be not imputed to us, who most humbly seeks
all things to be reformed by an Order. Sixthly, We protest that these
our requests, proceeding from conscience and a due respect to His
Majesties honour, doe tend to no other end, but to the preservation
of the true reformed Religion, the lawes and liberties of this His
Majesties most ancient Kingdome, and satisfaction of our most humble
desires contained in our supplication and complaint, according to his
Majesties accustomed goodnesse and justice, from which we doe certainly
expect that His Sacred Majestie will provide and grant such remedie to
our just petitions and complaints, as may be expected from so gracious
a King toward most loyall and dutifull subjects, calling for redresse
of so pressing grievances, and praying to God that his Majestie may
long and prosperously reigne over us.
* * * * *
1638.—March 3.
28. _Instructions from his Majesties Council to the Lord Justice-Clerk,
whom they have ordained to go to Court for his Majesties service._[52]
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,
quo 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
Priuey 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 furder 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.
* * * * *
1638.—March 5.
29. _Letter from Traquair and Roxburgh to the King._[53]
MOST SACRED SOVERAIGN,
Although the miserable Estate of this poor Kingdome will be
sufficiently understood by Your Majesty from this Gentleman, Sir John
Hamilton’s Relation, yet we conceive our selves in a special manner
bound and obliged to represent what we conceive does so nearly concern
Your Majesties Honour and Service; and therefore give us leave truly
and faithfully to tell Your Majesty, that since the last Proclamation,
the fear of Innovation of Religion is so apprehended by all sorts
of Subjects from all corners of this Kingdom, that there is nothing
to be seen here but a general Combustion, and all men strengthening
themselves by subscribing of Bonds, and by all other means for
resisting of that which they seem so much to fear. This is come to such
a height, and daily like to increase more and more, that we see not a
probability of Force or Power within this Kingdom to repress this Fury,
except Your Majesty may be graciously pleased, by some Act of Your
Own, to secure them of that which they seem so much to apprehend, by
the inbringing of the Books of Common-Prayer and Canons.
The way which the Subjects have taken and daily go about in the
prosecution of their business is inexcusable, and no ways agreeable to
the duty of good Subjects, but Your Majesty is wisely to consider what
is the best and safest course for Your Own Honour and Peace of Your
Government; and since Religion is pretended to be the cause of all,
if it shall not be a safe course to free them at this time of Fears,
by which means the wiser sort will be satisfied, and so Your Majesty
enabled with less pain or trouble to overtake the Insolencies of any,
who shall be found to have kicked against Authority.
We are the rather moved at this time to be of this opinion, that having
found it the opinion, not only of those to whom Your Majesty wrote in
particular, (except of the Marquis of Huntley, who as yet is not come
from the north:) but of most of the Noblemen, and men of respect within
this Kingdom: we find few or none well-satisfied with this business,
or to whom we dare advise Your Majesty to trust in the prosecution
thereof; and if any have, or shall inform Your Majesty to the contrary,
give us leave humbly to intreat Your Majesty, to be pleased to call
them before Your Self, that in our presence You may hear the reasons of
both Informations fully debated. So praying God to grant Your Majesty
many happy days, and full contentment in all your Royal designs, we
humbly take our leave, and rest,
Your Majesties humble Servants,
and faithful Subjects,
Traquair.
Roxburgh.
Sterlin March 5. 1638.
* * * * *
1638.—March 5.
30. _Letter from the Council to Marquis of Hamilton._[54]
OUR VERY HONOURABLE GOOD LORD,
We finding the Subjects Fears and Stirs to encrease since the last
Proclamation, did appoint by the Lord Chancellour, and other Lords of
the Clergy, their Special Advice, a solemn Dyet of Council to be kept
at Sterlin, on the first of March, where the Lord Chancellour, and
other Lords of the Clergie, promised to be present to consult upon the
growth of the publick Evils and Remedies thereof, for His Majesties
Honour and Peace of this Country; but having met at Sterlin, we
received a Letter of Excuse from the Lord Chancellour, and were forced
to proceed without him, and the other Lords of the Clergy; where, after
we had spent four days in advising upon the said Evils and Remedies of
them, we resolved in end to direct Sir John Hamilton of Orbiston, one
of our number, with a Letter of Trust from us to His Majesty, to whom
we have imparted our Opinions, and Reasons of the said publick Ills,
and Remedies of the same, to be represented to His Sacred Majesty; and
because the business is so weighty and important, that in our opinion
the Peace of the Country was never in so great hazard, we have thought
fit to recommend the business to your Lordships consideration, that
after your Lordship has heard the Justice-Clerk therein, your Lordship
according to your great interest in His Majesties Honour and Peace of
the Kingdom, may concur by your best advice and assistance at His
Majesties hands to bring these great and fearful Ills to a happy event.
So committing your Lordship to the Grace of God, we rest
Your Lordships very good Friends,
Traquair
Roxburgh
Winton
Perth
Wigton
Kinghorn
Lauderdale
Southesk
Angus
Lorn
Down
Elphinston
Napier
J. Hay
Tho. Hope
J. Carmichael
W. Elphinston
Sterlin March 5. 1638.
* * * * *
1638.—March 27.
31. _Demands by the Covenanters given to Traquaire._[55]
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 time 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 exercissed, 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 bygaine 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 promise 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 generall 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, sick-lyke that ministers be trayed
in ther office and conuersatione, and censured according to the actes
of the assembley.
6o. 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, at 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 generall 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 common
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.