Our Sheriffes in that part conjunctly and severally, specially

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.

Records of the Kirk of Scotland containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly. · 第 15 / 186 段