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 thereof,) as it was appointed 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.
* * * * *
1638.—March 27.
32. _Letter by the Covenanters to each of the Lords of Privy
Councel._[56]
MAY IT PLEASE YOUR LORDSHIP,
Wee the Ministers of the Gospel, conveened at this so necessarie a
time, doe finde our selves bound to represent, as unto all, so in
speciall unto your Lordship, what comfortable experience we have of
the wonderfull favour of God, upon the renewing of the Confession of
faith and Covenant, what peace and comfort hath filled the hearts of
all Gods people, what resolutions and beginnings of reformation of
manners are sensibly perceived in all parts of the kingdome, above
any measure that ever we did finde or could have expected, how great
glorie the Lord hath received thereby, and what confidence we have (if
this sunshine be not eclipsed by some sinfull division or defection)
that God shall make this a blessed kingdome, to the contentment of the
Kings Majestie, and joy of all his good subjects, according as God hath
promised in his good Word, and performed to his people in former times;
And therefore we are forced from our hearts both to wish and entreat
your Lordship to be partaker and promover of this joy and happinesse by
your subscription, when your Lordship shall thinke it convenient: And
in the meane while, that your Lordship would not be sparing to give a
free testimonie to the truth, as a timely and necessarie expressione
of your tender affection to the cause of Christ now calling for helpe
at your hands: your Lordships profession of the true Religion as it
was reformed in this land, the nationall oath of this kingdome sundry
times sworne and subscribed, ablishing us who live at this time, the
dutie of a good Patriot, the office and trust of a Privie Councellour,
the present employment to have place amongst those that are first
acquainted with his Majesties pleasure, the consideration that there is
the time of tryall of your Lordships affection to Religion, the respect
which your Lordship hath unto your fame both now and hereafter, when
things shall be recorded to posteritie, and the remembrance, that not
onely the eyes of men and Angels are upon your Lordships carriage, but
also that the Lord Jesus is a secret witnesse now to observe, and shall
be an open Judge hereafter to reward and confesse everie man before
his Father, that confesseth him before men: All of these and each of
them, besides your Lordships personall and particular obligations to
God, doe call for no lesse at your Lordships hands, in the cause of so
great and singular necessitie; and we also doe expect so much at this
time, according as your Lordship at the houre of death would be free of
the terrour of God, and be refreshed with the comfortable remembrance
of a word spoken in season for Christ Jesus, King of Kings and Lord of
Lords.
1638.—April 28.
33. _Articles for the present Peace of the Kirk and Kingdom of
Scotland, signed by Rothes, Cassils, and Montrose._[57]
If the Question were about such matters as did come within the compass
of our own power, we would be ashamed to be importunate, and should
be very easily satisfied without the smallest trouble to any; but
considering that they are the matters of Gods honour, of the Kingdom of
Christ, and the peace of our Souls, against the Mystery of Iniquity,
which we clearly perceive to have been uncessantly working in this
Land since the Reformation, to the ruine of true Religion in the end;
it cannot stand with our duty to God, to our King, to our Selves and
Posterity, to crave or be content with less, than that which the word
of God, and our Confession of Faith doth allow, and which may against
our Fears establish Religion afterwards.
I. The discharging of the Service-Book, the Book of Canons, and of the
late High Commission, may be a part of the satisfaction of our humble
Supplications, and just Complaints, which therefore we still humbly
desire; but that can neither be a perfect Cure of our present Evils,
nor can it be a preservative in time to come.
II. When it is considered what have been the Troubles and Fears of
his Majesties most loyall Subjects from the High Commission, what is
the nature and constitution of that Judicatory, how prejudicial it
proves to the lawful Judicatories of the Kirk and Kingdom, how far it
endangers the Consciences, Liberties, Estates and Persons of all the
Lieges, and how easily, and far more contentedly all the Subjects may
be keeped in order, and obedience to His Majesties just Laws, without
any terrour of that kind; we look that his Majesties Subjects, who have
been used to obey according to the Laws, shall be altogether delivered
from the High Commission, as from a yoke and burden, which they feel
and fear to be more heavy than they shall be ever able to bear.
III. Remembring by what wayes the Articles of Perth were introduced,
how strangely and with what opposition they were carried in the
Assembly, upon what Narrative they were concluded, how the Ratification
in Parliament was not desired by the Kirk, but earnestly supplicated
and protested against, how they have been introductory of the
Service-Book, whereof now they are become Members, and in their nature
make way for Popery, (whatsoever hath been the intentions of the
Urgers;) and withall, what Troubles and Divisions they have caused
these twenty years in this Kirk and Kingdom, and what Jealousies
between the Kings Majesty and His Subjects, without any Spiritual
profit or edification at all; as we can see no reason why they should
be urged by Authority, so can we not find, but we shall be more unable
to digest them than in the beginning, when we had not as yet tasted,
and known how bitter and unwholsome they were.
IV. The Judgements of the best Divines of the Reformed Kirks, and
of the most Pious and Learned of this Kirk since the Reformation,
concerning the Civil Places and Offices of Kirkmen, and concerning
the Vote of Ministers in Parliament, have been made known in divers
generall Assemblies; which moved the Assemblies of this Kirk, when they
could not by their modest opposition prevail to limit the Ministers
that were to Vote in Parliament, by any particular Cautions agreed
upon at first, and ordained to be inserted in the Act of Parliament,
and by other Cautions to be made afterward, as the Assembly should
find meet and necessary; and, therefore, if we will declare our minds,
after lamentable experiences of the Evils which were then foreseen,
feared, and foretold, we cannot see how Ministers voting in Parliament,
absolutely without the limitation of these Cautions, can be thought fit
to Vote in the name of the Kirk.
V. We have no Grievance more universal, more ordinary, and more
pressing, than that worthy men, who have Testimonies of their Learning
from Universities, and are tried by the Presbyteries to be qualified
for the Work of the Ministery, and for their Life and Gifts earnestly
desired by the whole People, are notwithstanding rejected because they
cannot be persuaded to Subscribe and Swear such unlawful Articles and
Oaths, as have neither warrant of the Acts of the Kirk, nor Laws of
the Kingdom, and others of less worth, and ready to swear for base
respects, unworthy to be mentioned, are obtruded upon the People,
and admitted to the most eminent Places of the Kirk, and Schools of
Divinity, which causes continual Complaints, makes the People run from
their own Kirks, refuse to receive the Sacrament at the hands of the
Ministers set over them against their hearts, or to render them that
Honour which is due from the People to their Pastors, and is a mighty
hindrance to the Gospel, to the Souls of the People, and to the Peace
of the whole Kirk and Kingdom; all which might be easily helped, by
giving place to the 114 Act of Parliament, 1592, declaring, That God
hath given to the Spiritual Office-bearers of the Kirk Collation and
Deprivation of Ministers, and ordaining that all Presentations to
Benefices be directed to particular Presbyteries in all time coming,
with full power to give Collation thereupon, they being the lawful
Office-bearers of the Kirk, to whom God hath given that right; which
therefore, never was nor can be taken from them, and so conferred upon
others, at that they shall be quite secluded therefrom.
VI. The lawful and free National Assemblies of this Kirk, warranted
by Divine Authority, ratified by Acts of Parliament, keeped in
other Reformed Kirks, and in this Kirk since the Reformation, and
acknowledged by King James to be the most necessary means for
preservation of Piety and Union, and for extermination of Heresie
and Schism, (who willed, therefore, that the Act of Parliament for
convening the General Assemblies once in the year should stand in
force;) if they were revived, and by His Majesties Authority appointed
to be keeped at the ordinary times, and if one at His Majesties first
opportunity, and so soon as may be conveniently, should be indicted,
Kirkmen might be tried in their Life, Office, or Benefice, and keeped
in order without trouble to His Majesty, and without offence to the
People, the present Evils might be speedily helped, to His Majesties
great honour and content, and to the preservation of the Peace of
the Kirk, and these courses might be stopped afterwards: and on the
contrary, while Kirkmen escape their due Censure, and matters of the
Worship of God are imposed without the consent of the free Assemblies
of the Kirk, they will ever be suspected to be unsound and corrupt,
as shunning to be tried by the Light, to the continual entertaining
of heart-burnings amongst the People, and to the hindrance of that
cheerfulness of obedience which is due, and from our Hearts we wish may
be rendred to the Kings Majesty.
VII. If according to the Law of Nature and Nations, to the Custom
of all other Kingdoms, and the laudable example of His Majesties
worthy Progenitors, in the like cases of National Grievances, or of
Commotions and Fears of a whole body of a Kingdom, his Majesty should
be graciously pleased to call a Parliament, for the timeous hearing
and redressing of the just Grievances of the Subjects, for removing
of their common Fears, and for renewing and establishing such Laws,
as in time coming may prevent the one and the other, and may serve to
the good of the Kirk and the Kingdom, that the Peace of both might
be firmly settled, and mens minds now so awakened might be easily
pacified; and all our Tongues and Pens are not able to represent, what
would be the joyful Acclamations and hearty Wishes of so loyal and
loving a People, for His Majesties Happiness, and how heartily bent
all sorts would be found to bestow their Fortunes and Lives in His
Majesties Service.
VIII. The more particular Notes of all things expedient for the well
of the Kirk and Kingdom, for His Majesties honour and satisfaction,
and for extinguishing of the present Combustion, may be given in to be
considered in the Assembly and Parliament.
* * * * *
1638.—April 28.
34. _Articles of Information to Mr Andrew Learmonth, for my Lord
Archbishop of Saint Andrews, the Bishop of Ross, &c. and in their
absence, for my Lord Archbishop of Canterbury his Grace._[58]
I. You shall show their Lordships, How they have changed the Moderator
of the Presbytery of Edinburgh, and are going on in changing all the
Moderators in the Kingdom.
II. How they have abused Doctor Ogstone the ninth of May in Edinburgh,
Mr George Hannay at Torphichen the sixth of May, Doctor Lamond at
Markinch the ninth of May, Mr Robert Edward at Kirkmichael, whom
Kilkerrin is forced to entertain at his own House.
III. That the Presbytery of Haddingtown have given Imposition of Hands
to Mr John Ker’s Son, to be his Collegue, without the knowledge of the
Bishop; and likewise the Presbytery of Kircaldy to Mr John Gillespy’s
Son, to the Church of the Weemes; and the Presbytery of Dumfrice,
to one Mr John Wier, to the Church of Morton within two miles of
Drumlanerick; and that they of Dumfermline have admitted Mr Samuel Row
(a Minister banished from Ireland) to be helper to Mr Henry Mackgill;
and they of Air Mr Robert Blair, to be helper to Mr William Annand; and
that the Town of Dumfrice have made choice of Mr James Hamilton to be
their Minister; and the Town of Kirkudbright one Mr John Macklennan,
all of them banished from Ireland; and Mr Samuel Rutherford is returned
and settled in his Place; and they intend to depose Mr John Trotter,
Minister of Dirleuton; and how they intended to use the Regents.
IV. That the Council of Edinburgh have made choice of Mr Alexander
Henderson to be helper to Mr Andrew Ramsay, and intend to admit him
without advice or consent of the Bishop.
V. That the Ministers of Edinburgh, who have not subscribed the
Covenant, are daily reviled and cursed to their Faces, and their
Stipends are withheld and not payed; and that all Ministers who have
not subscribed are in the same case and condition with them.
VI. That they hound out rascally Commons on men who have not
subscribed the Covenant, as Mr Samuel Cockburn did one John Shaw at
Leith.
VII. That His Majesty would be pleased by his Letters, to discharge
the Bishop of Edinburgh to pay any Prebend-fee, to those who have
subscribed the Covenant; as also by His Royal Letters to discharge the
Lords of Session, to grant any Process against the Bishop for their
Fees.
VIII. That His Majesty would be pleased in the Articles of Agreement
with the Nobility, to see honest men, who shall happen in this
tumultuous time to be deposed from their Places, restored and settled
in them, and others that are violently thrust in, removed; and that the
wrongs done to them be repaired.
IX. That if it shall happen his Majesty to take any violent course for
repressing these Tumults and Disorders, (which God forbid) that in that
case their Lordships would be pleased to supplicate His Majesty, that
some speedy course may be taken for securing of the persons of these
honest men, who stand for God and His Majesty.
Signed,
Da. Edin. Ja. Hannay.
Ja. Dumblanen. Da. Michell.
Ja. Lismoren. Da. Fletcher.
* * * * *
1638.—May 16.
35. _Proclamation by the King._[59]
CHARLES R.
Charles by the Grace of God King of Scotland, England, France, and
Ireland, Defender of the Faith, to our Lovits, our Sheriffs in that
part, conjunctly and severally, specially constitute, Greeting.
Forsamiekle as We are not ignorant of the great Disorders which
have happened of late within this Our ancient Kingdom of Scotland,
occasioned (as is pretended) upon the introduction of the Service-book,
Book of Canons, and High Commission, thereby fearing Innovations of
Religion and Laws; for satisfaction of which Fears We well hoped, that
the two Proclamations of the eleventh of December, and nineteenth
of February, had been abundantly sufficient: nevertheless finding,
that Disorders have daily so increased, that a powerful rather than
a persuasive way might have been justly expected from Us; yet We,
out of Our innate Indulgence to Our People, grieving to see them run
themselves so headlong into Ruine, are graciously pleased to try if
by a fair way We can reclaim them from their faults, rather than let
them perish in the same. And therefore once for all, We have thought
fit to declare, and hereby to assure all Our good People, that We
neither are, were, nor (by the Grace of God) ever shall be stained
with Popish Superstition, but by the contrary are resolved to maintain
the true Protestant Christian Religion, already professed within this
Our ancient Kingdom. And for further clearing of Scruples, We do
hereby assure all men that We will neither now nor hereafter press the
practice of the aforesaid Canons and Service-book, or any thing of that
nature, but in such a fair and legal way as shall satisfie all Our
loving Subjects, that we neither intend Innovation in Religion or Laws;
and for the High Commission, We shall so rectifie it, with the help
of advice of Our Privy Council that it shall never impugn the Laws,
nor be a just Grievance to Our Loyal Subjects. And as hereby it may
appear how careful We are to satisfie the foresaid Fears (how needless
soever) of our good Subjects[*]. So We do hold Our Selves
obliged both in Conscience and Honour, to hinder the course of that
which may prejudge that Royal Authority, which God has endued Us with;
wherefore, understanding that many of our Subjects have run themselves
into seditious and undutiful courses, and willing to reduce them rather
by a benign, than forcible mean (because We hope that most of them are
drawn thereto, blindly out of fear of Innovations) are content hereby
to declare, and promise upon the Word of a King to pardon what is past,
and not to take notice of the by-gone faults, no not so much as of
those factious and seditious Bonds, upon condition that they seek to
Our Mercy by disclaiming the same, and in testification of the true
sense of their Misdemeanours, that they deliver up, or continue with
their best endeavours to procure the delivering up, of the said Bonds
into the hands of Our Council, or such as Our Council shall appoint:
Declaring always, likeas We by these presents do declare, all these
to be esteemed and reputed as Traitors in all time coming, that shall
not renounce and disclaim the said Bond or Bonds, within _____________
after the publication hereof; that is to say, Whosoever will from
henceforth be thought a good Subject, and capable of Our Mercy, must
either deliver up the same, in case he have it, or concur with his best
endeavours to the delivering up thereof, or at least must come to some
of Our Privy Council, or chief Officers in Burgh or Land, and testifie
to him, that he renounces and disclaims the said Bonds. Our Will is
therefore, and We charge you straitly and command, that incontinent
this Our Letter seen, &c. C. R.
The other Proclamation penned by the Marquis agrees with the former,
to the place that is marked [*]; after which it
follows thus.
So We expect that their behaviour will be such, as may give testimony
of their Obedience, and how sensible they are of Our Grace and Favour,
that thus pass over their Misdemeanours, and by their future carriage
make appear, it was onely the fear of Innovations that caused those
Disorders that have happened of late in this Our Kingdom, which
now cannot but by this Our Declaration be removed from the hearts
of Our loving Subjects: but on the contrary, if we find not this
performed with that chearfulness and alacrity that becomes good and
obedient Subjects, We declare and hold Our Self obliged in Honour and
Conscience, to make use of those forcible means which God hath armed
Royal Authority with, for the curbing of disobedient and stubborn
People. Our Will therefore is, and we charge you, &c. C. R.
* * * * *
1638.—May 16.
36. _Declaration approved of by the King._[60]
Whereas we were in hope by Our late Proclamations to have given
satisfaction to Our People, and to have removed their Mistakings of
the Book of Common-prayer, which We caused to be published, having
thereby declared, that it never entered into Our thoughts to make any
Innovation in Religion and Form of Gods Worship, nay, not to press
the said Books upon any of Our Subjects, till by a fair way they
were induced to approve the same; yet having understood, that to the
contrary (by what means We know not) occasions have been taken to
confirm them in their former Mistakings, and to bind them by Oaths
and Subscriptions against the Laws established by Our dear Father of
blessed memory, and ratified by Our Selves since Our coming to the
Crown: howsoever there is in that more than just cause offered to take
punishment of such an open Contempt and Rebellion, yet considering
that this is not the fault of the simple sort and multitude of People,
who have been seduced through specious pretexts, as if nothing were
contained in the said Bond or Covenant, as they call it, but the
promoting of Gods Glory, the maintaining of Our Honour, and Liberty
of the Country, with the preserving of Unity among themselves, We no
way willing to use Our people with rigour, or to enquire severely
into their errors of that kind, have thought meet to renew Our former
Declaration, by assuring them, and every one of them, that Our constant
Resolution is, and hath been, to maintain the true Religion professed
and established by the Laws of that Our Kingdom, without any Change
or Innovation, at the hazard of Our Life and Crown, and that We will
not force on Our Subjects either the said Book of Common-prayer, or
Book of Canons, till the same be duly examined, and they in their
Judgments, satisfied with the legality thereof; nor will We permit the
exercise of any Commission upon them, for whatsoever cause, which may
give unto them any just cause of Grief and Complaint. Willing therefore
and requiring all Our People and Subjects to acquiesce to this Our
Declaration, and not suffer themselves to be misled by the private or
publick Informations of turbulent spirits, as if We did intend any
thing contrary to this Our Profession, having always esteemed it a
special point of Royal Dignity, to profess what We intend to doe, and
to perform what We do promise; certifying all Our good Subjects, who
shall hereupon rest quiet in obedience of God and Us, that We will
faithfully perform whatsoever We have declared, whether in this or
in Our former Proclamations made to that purpose, and be unto them a
good and merciful King: as on the other side, if any shall hereafter
make business, and disturb the Peace of that Church and Kingdom, by
following their private Covenants, and refusing to be ruled by the
Laws established, that We will use the Force and Power, which God hath
put into Our hands, for compescing and subduing such mutinous and
disobedient Rebels. Given at Our Palace of
* * * * *
1638.—May 16.
37. _Queries by Hamilton, and Answers by the King._[61]
Queries whereunto Your Majesties Direction and Resolution is humbly
prayed, that accordingly I may govern my self, and be warranted for
my Proceedings.
1. If, before the publishing of the Declaration some of the chiefest
of the Petitioners may not be prepared, and laboured to conceive
aright of the same, and in general acquainted with Your Majesties
gracious Intentions?
_They may._
2. Where the first meeting of the Council shall be?
_Where you shall find most convenient, the City of Edinburgh only
excepted._
3. If your Majesty will not permit the Council to sit, where, and in
such places as is conceived may tend most for the advancement of your
Service?
_Yes._
4. If the Declaration shall not be read to the Council, and they
required to sign the same?
_By all means._
5. If we shall not all swear to give our best assistance for the
putting the same in due execution?
_Yes._
6. If any Councellour refuse to doe it, what course shall be taken
with him?