to the Confession of Faith, and reformation of Religion within
this Land, are forced and compelled, out of our bound duty to God,
our King, native Country, our selves and our posterity, (lest our
silence should be prejudiciall to so important a cause, as concernes
Gods glory and worship, our Religion and salvation, the Lawes and
Liberties of this Church and Kingdome, or derogatory to our former
supplications, complaints, protestations, Articles and proceedings,
or unanswerable to the solemne oath of our nation covenant with
God) To declare before God and man, and to protest, _Primo_, That
we doe, and will constantly adhere, according to our vocation and
power, to the said Reformation, in doctrine, use of Sacraments, and
discipline; And that notwithstanding of any innovations introduced
therein, either of old or of late. _Secundo_, we protest, That we
adhere to the grievances, supplications, and protestations given in at
Assemblies and Parliaments, and to our late supplications, complaints,
protestations, and other lawfull proceedings against the same, and
particularly against the Service book, and booke of Canons, as maine
innovations of Religion and Lawes, and full of Popish superstition,
and so directly contrary to the Kings Declaration, And against the
High Commission, as a judicatory established contrary to the Lawes
and Liberties of this Church and Kingdome, and destructive of other
lawfull judicatories, which both in respect of the nature of it, manner
of introduction, without consent of the three Estates of Parliament,
cannot be any wayes rectified, but absolutely discharged: _Tertio_, we
protest, That we adhere with our hearts to our Oath and subscription
of the Confession of Faith, the solemne Covenant betweene God, this
Church and Kingdome, and the clauses particularly therein expressed
and generally contained, and to our last Articles for the peace of
this Kirke and Kingdome, drawne out of it, and to all the matters
therein contained, and manner of remedy therein desired. _Quarto_,
We protest, that this Proclamation, or act of Councell, or any other
act, or Proclamation, or Declaration, or ratification thereof, By
subscription, or act, or letter, or any other manner of way whatsoever,
or any precondemnation of our cause or carriage, before the same be
lawfully heard and tryed in the supreme judicatories of this Kirk and
Kingdome, the onely proper judges to nationall causes and proceedings,
or any certification or threatning therein denounced, shall no waies
be prejudiciall to the Confession of Faith, lawes, and liberties of
this Kingdome, nor to our supplications, complaints, protestations,
articles, lawfull meetings, proceedings, pursuits, mutual defences, nor
to our persons and Estates, and shall no wayes be disgracefull either
in reality or opinion, at home or abroad, to us or any of us: But on
the contrary, that any act, or letter, or subscription of the Councell,
carrying the approbation of the declaration, and condemnation of our
proceedings, _indicta causa_, is and ought to be repute & esteemed
unjust, illegall & null, as here before God and man we offer to clear,
& to verifie both the justice of our cause and carriage, and the
injustice of such acts against us, in the face of the first generall
Assembly of the Church & Parliament of the Estates, unto whom with all
solemnities requisite, we do publikly appeal. _Quinto_, We protest,
that seeing our former supplications, last Articles, & our last desire
and petition to his Majesties Commissioner, which petitioned for the
present indiction of a free general Assembly & Parliament, according
to the law and custome of all nations, & of this nation in the like
case, to hear the desires, ease the grievances, & settle the fears
of the body of the Church & Kingdome, are thus delayed, & in effect
refused, to wit, ONCE FOR ALL, till his Majesties conveniency for the
end contained in this Proclamation, that We continue by thir presents
to supplicate his Majesty again and again, for the granting of the
same: And whatsoever trouble or inconvenience fall out in this land in
the mean time, for want of these ordinary remedies, and by the practice
of any of these innovations & evils, contrary to our supplications,
articles, & confession, it be not imputed unto us, who most humbly
beg these lawfull remedies, but also that it is, & shall be lawfull
unto us, to defend and maintain the Religion, lawes and liberties
of this Kingdome, the Kings Authority in defence thereof, & every
one of us one another in that cause, of maintaining the Religion,
and the Kings foresaid Authority, according to our power, vocation
and Covenant, with our best counsel, bodies, lives, means, & whole
strength, against all persons whatsoever, and against all externall or
internall invasions menaced in this proclamation. Like as that in the
great exigencie of the Church, necessitating the use of this ordinary
and lawfull remedies for settling the commotions thereof, it is and
shall be leasome unto us to appoint, hold and use the ordinary means,
our lawfull meetings and Assemblies of the Church agreeable to the law
of God, and practice of the primitive Church, the Acts of the generall
Assemblies, and Parliaments, and the example of our Worthy Reformers
in the like case. _Sexto_, We protest, that our former Supplications,
Complaints, Protestations, Confessions, meetings, proceedings and
mutual defences of every one another in this cause, as they are, and
were in themselves most necessary, and orderly meanes agreeable to the
lawes & practice of this Church and Kingdome, to be commended as reall
duties of faithfull Christians, loyall Subjects, and sensible members
of the body of the Church and Kingdome, and no wise to be stiled nor
accounted great disorders, misdemeanours, blind disobedience under
pretext of Religion, and running headlong into ruine, &c. So they
proceeded only from conscience of our duty to God, Our King, native
countrey, and our posterity, and doth tend to no other end, but to the
preservation of the true reformed Religion, the confession of Faith,
Lawes, and Liberties of this His Majesties most ancient Kingdome,
and of His Majesties authority in defence thereof, and satisfaction
of our humble desires, contained in our supplications, complaints and
articles, unto the which we adhere againe and again, as we would eschew
the curse of the Almighty God, following the breach of his Covenant:
And yet we doe certainly expect, according to the Kings Majesty his
accustomed goodnesse and justice, that his sacred Majestie after a true
information of the justice of our cause and carriage, will presently
indict these ordinary remedies of a free Assembly and Parliament,
to our just supplications, complaints, and articles, which may be
expected, and useth to be granted from so just and gracious a King,
towards most loyall and dutifull subjects, calling for redresse of so
pressing grievances, and praying heartily that His Majestie may long
and prosperously reigne over us.
* * * * *
WHEREUPON a noble Earle John Earle of Cassles, &c. in name of the
Noblemen, M. Alexander Gibson younger of Dury in name of the Barons,
James Fletcher Provost of Dundy in name of the Burrowes, M. John
Ker Minister at Salt-prestoun in name of the Ministers, and Master
Archibald Johnston Reader hereof, in name of all who adheres to the
Confession of Faith and Covenant lately renewed within this Kingdome,
tooke Instruments in the hands of three Notars present, at the said
mercat Crosse of Edinburgh, being invironed with great numbers of the
foresaid Noblemen, Barons, Gentlemen, Borrows, Ministers and Commons,
before many hundred witnesses, and craved the extract thereof: And
in token of their dutifull respect to his Majesty, confidence of the
equity of their cause, and innocency of their carriage, and hope of
his Majesties gracious acceptance, they offered in all humility, with
submisse reverence, a copie thereof to the Herauld.
* * * * *
1638.—June 29.
48. _Letter from the King to Hamilton._[73]
HAMILTON,
Yours of the 24th (though it be long) requires but a short Answer, it
being onely to have leave to come up, which is grounded upon so good
reason, that I cannot but grant it. Some Considerations in the mean
time I think fit to put to you; first, to take heed how you engage
your self in the way of Mediation to me; for though I would not have
you refuse to bring up to me any Demand of theirs to gain time, yet I
would not have you promise to mediate for any thing that is against
my Grounds; for if you do, I must either prejudice my self in the
granting, or you in denying: then, I would have you take care, that no
more Subscriptions be urged upon any, especially of Council or Session:
lastly, that you leave such encouragement to these few, that have not
yet forsaken my Cause, that they may be assured (as well as I) that
your up-coming is neither to desert them nor it. And thus certainly if
(as you write) you get the mutinous Multitude once dispersed, you will
have done me very good Service; for I am confident that my Declaration
published before your coming away, (according to the Alterations that I
have given you leave to make) will give some stop to their Madnesses:
however your endeavours have been such, that you shall be welcom to
Your assured constant Friend,
CHARLES R.
Greenwich, 29 June, 1638.
1638.—June 29.
49. _Letter from the Bishop of Ross to Hamilton._[74]
MY LORD, MAY IT PLEASE YOUR GRACE,
We are exceeding sorry to hear that the success of your Lordships
Travels in this difficult Business, is otherwayes than good Christians
and Subjects do wish, and heartily pray for; but on the other part,
are glad to hear from our Friends there, that, whereof we were ever
confident, that nothing is omitted by your Lordship to effectuate what
is necessary for His Majesties Honour, and expedient for the good and
quiet of that poor distracted and distempered Kingdom. For my own
part give me leave, without either flattery or presumption, to say
ingenuously, that the Course your Lordship keeps, seemeth to be such as
all good and wise men must approve your Lordships wisdom and Loyalty.
Infallibly the fruit will be, besides the Warrant your Lordship hath
in your own Conscience by this Noble and Wise carriage, your Lordship
must be more (if any accrewment can be to former Deserts) beloved of
your Master: it will indear your Lordship more to all good, wise, and
well-affected Patriots, and oblige all, especially honest Church-men,
to be your Servants. It cannot seem strange to any wise heart, who
looks on the Distemper of that Kingdom, wherein is the concourse of
so many different and divers Distempers, where so many of all sorts
of different Judgements, and no less variety of Affections, are so
strongly engaged, and where many have their own private ends; that the
best, wisest, and most powerful Agents, are not able on a sudden to
rectifie their Judgements, cure their Affections, and by disappointing
the private intentions of some to reduce all to Order, Peace, and
Quiet. In any great Work of this strain, we must all rely somewhat
more on the wise and gracious Providence of God, than in any other
ordinary accidents: He is able to work good out of ill, light out of
darkness, and order out of confusion, which I pray God heartily, we may
see to His Glory, the Kings Honour, and Peace of the Church and State,
without any other effect upon any author or abettor of these Disorders,
but of Gods Mercy, and His Majesties Royal Clemency. In this I fear I
have exceeded more, possibly, than becomes me with your Grace; but as
I humbly beg pardon, so I trust your Lordships Goodness will easily
pardon the expressions of a poor Heart surcharged with grief, not so
much flowing from, or following the fear of any Personal or Private
evil can befall it, as fearing the danger the Publick is in, because
of our Sins, which are calling for Vengeance. God of his Mercy give us
Repentance, and be merciful to that Church and State.
We can return nothing for your Lordships care and kindness to us but
humble and hearty thanks, and earnestly pray God Almighty for all
Honour, Wealth, and Happiness to your Lordship here and hence.
As your Lordship hath commanded us we shall go from hence, and where
we pitch our abode, with the first opportunity shall acquaint your
Lordship. We were advised by our best friends to doe so, before we
received your Lordships; but that Obedience we owe, and promised to
His Majesty and your Lordship, made us that we would not stir for any
Advertisement or Advice, how necessary or affectionate soever, till we
had your Lordships Warrant.
All that kind respect which is above our desert and condition, and
tender care your Lordship hath expressed to us, for our safety, and
that which your Lordship hath superadded out of your noble Bounty,
desiring us to be so bold as to shew your Lordship what Money, or
any thing else necessary we stand in need of, that your Lordship may
supply our necessity in this, hath so perplexed us for a time, that we
knew not what to choose; on the one part being ashamed to doe it, both
because it seemeth impertinent, and incongruous to trouble one of your
Lordships Honour, Place, and Imployment, with matters of this kind, and
especially so unreasonably at such a time, when your Lordship is at
such charge for the honour of His Majesties Service; as also that we
are unprofitable, and cannot be useful to your Lordship in any kind,
and so how should we to other troubles we make your Lordship, adde this
to be chargeable: yet your Lordships noble and generous offer, and the
necessity we are cast into at this present, that what is our own or due
to us we cannot command, and know as little who will do us the favour
at this time to trust us, hath made us (seeing Obedience is better than
Sacrifice) to cast our selves upon your Lordships Bounty and Favour;
fearing on the one part your Lordship may be offended if we doe it not,
and on the other, that otherwise we cannot be provided: Therefore I
humbly intreat your Lordship, to let me have with the Bearer a hundred
and fifty Pieces, payable at Whitsunday next with the Interest, or
Martinmas, as your Lordship pleases; for which your Lordship shall
receive from the Bearer my own personal Bond. Here and at this time I
cannot give better Security, but by Gods Grace your Lordship shall be
in no danger, come the world as it will.
I have more than need to beg humble pardon for my unmannerly and
impertinent importunities, in troubling your Lordship at this time,
taken up with weighty Affairs, if it were but to read this long Paper;
and that I offend no more in this kind, I shut up all with my hearty
Prayers to God Almighty for all Honour and Happiness to your Lordship,
and an effectual blessing upon your Travels. So wisheth he who shall
be, whilest he lives,
Your Graces most humble and
bounden Servant,
JO. ROSSEN.
Berwick, 29 June, 1638.
* * * * *
1638.—July 2.
50. _Letter from the Privy Council to the King._[75]
Most Sacred Soveraigne,
The Marquesse of Hamiltoun, your Majesties Commissioner, having
imparted unto us your Majesties gracious pleasure and allowance that
the Judicatories of the Councell, of Session, and others, should be
returned to the Citie of Edinburgh; Thereupon, the Lord Commissioner
being present, order was given for publication at the Market Crosse of
Edinburgh with all solemnities requisite; and that the like publication
should be made throughout the whole Kingdome at all publike places:
This hath given so great contentment to all your Majesties subjects,
that we cannot expresse with what dutifull respect and heartie prayers
for your Majestie they have embraced this great and undeserved favour:
In consideration whereof wee conceive our selves bound in dutie to
acquaint your Majestie herewith; and withall to render to your Majestie
most humble and heartie thanks for this so great grace and goodnesse,
which wee hope shall contribute to the good of your Majesties service,
and to establishing the peace of the Countrie, for the which we all
your Majesties good subjects shall ever bee most thankfull, and all in
dutie bound to pray for your Majesties long and happy Reigne.
Holy-rood-house July 2. 1638.
Subscribitur
Traquaire
Roxbrugh
Mar
Morton
Winton
Lithgow
Wigtonne
Kingorne
Hadinton
Lauderdaile
Kinoul
Southesk
Lorne
Naper
Dalyell
Ihay
Ja: Carmithaell
Thomas Hop
John Hammilton
* * * * *
1638.—July 3.
51. _Speech by Commissioner to Court of Session._[76]
MY LORDES,
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 reasonable dispatche to Maiesties subiects in the
administratione of iustice, that so sometyme wich was lost, might be
regained. Lykwayes, my Lordes, 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.
* * * * *
1638.—July 5.
52. _Act anent the High Commission._[77]
At Halyrood-house, 5 July 1638.
The Lord Commissioner and Lords of Secret Councell having upon the 4
July instant, published his Majesties Declaration anent the seruice
Book, Book of Canons, and High Commission: and being informed that His
Majestes Declaration is not so clearly understood as is necessary for
removing all scrouples which may arise to any of his Majestyes good
subjects anent his Majesties declaration foresaid, declares that it
is his Majesties gracious pleasure, likeas his Maᵗⁱᵉˢ Commissioner
foresaid, and Lords of Secret Councel, abrogat and dischargis the said
Service Book and Book of Canons, and inhibits all use and practice
thereof, by whatsoever person or persons, of whatsoever quality,
ecclesiastical or civil, within this Kingdom, anent the act of Councel
made in the month of __________ 1636, and another made in the month
__________ 1637, with the warrants whereupon the same proceeds, and
proclamations following thereupon, anent the premises, or any part
thereof, with all other warrants and proclamations made thereanent; and
declares the same to be now and, in all time coming, null. And as far
the High Commission, the Lord Commissioner and Lords of Secret Councel
finds themselues warranted to discharge; likeas, by these presents,
they do discharge all the practice and exercise whatsomever of the high
commission past heretofore: and declares all his Majestie’s Lieges
of whatsomever quality, free of all compearance before the Judges of
the said high commission, and discharges the saids Judges of all
proceeding agᵗ His Maᵗⁱᵉˢ subjects, by virtue thereof in time coming,
till his Majesty so rectify the same as nothing therein shall impugn
the Laws of this Kingdom, nor be a just grievance to his Majesty’s good
subjects; and ordains proclamation to be made hereof at the Mercat
Cross of Edinburgh, and other places needful, wherethro’ none pretend
ignorance of the same.
* * * * *
1638.—July 13.
53. _Letter from Lord Rothes to Patrick Leslie, Aberdeen._[78]
LOVING COUSIN,
Because your town of Aberdeen is now the only Burgh in Scotland that
hath not subscribed the Confession of Faith [Covenant,] and all the
good they can obtain thereby is, that if we sail fairly, as there are
very good conditions offered, they shall be under perpetual ignominy,
and the Doctors that are unsound, punished by the Assembly; and if
things go to extremity, because they refuse, and, in hopes of the
Marquis Huntly’s help, the King will, perhaps, send in some ship or
ships, and men there, as a sure place, and if that be good for the
country, judge ye of it. It is but a fighting against the high God
to resist this cause, and it is so far advanced already, that, on my
honour, we could obtain with consent, 1. Bishops limited by all the
strait caveats. 2. To be yearly censurable by Assemblies. 3. Articles
of Perth discharged. 4. Entry of Ministers free. 5. Bishops and Doctors
censured for bygone usurpation, either in teaching false doctrine, or
oppressing their brethren. But God hath a great work to do here, as
will be shortly seen, and men be judged by what is past. Do ye all
the good ye can in that town, and in the country about—ye will not
repent it—and attend my Lord Montrose, who is a noble and true-hearted
cavalier. I remit to my brother, Arthur, to tell you how reasonable
the Marquis Huntly was, being here away: he was but slighted by the
Commissioner, and not of his privy Council. No further. I am your
friend and cousin,
ROTHES.
* * * * *
1638.—July 27.
54. _Additional Instructions by the King to Hamilton._[79]
CHARLES R.
You shall try by all means to see if the Council will sign the
Confession of Faith, established by Act of Parliament, with the new
Bond joined thereto; but you are not publickly to put it to Voting,
except you be sure to carry it, and thereafter that probably they will
stand to it.
If the Council do sign it, though the Covenanters refuse, you shall
proceed to the indicting of a free General Assembly; and though you
cannot procure the Council to sign it, yet you are to proceed to the
indicting thereof, if you find that no other Course can quiet business
at this time.
You shall labour by all fair means that the sitting of the Assembly be
not before the first of November, or longer if you can obtain it; for
the place, We are pleased to leave it to your election; for the manner
of indicting, you must be as cautious as you can, and strive to draw
it as near as may be to the former Assemblies in my Fathers time.
You must labour that Bishops may have Votes in Assemblies, which if you
cannot obtain, then you are to protest in their Favours in the most
formal manner you can think of.
As for the Moderator in the Assembly, you are to labour that he may
be a Bishop, which though you cannot obtain, yet you must give way to
their Election.
You are to labour, that the Five Articles of Perth be held as
indifferent; strive that the admissions of Ministers may continue as
they are; you may condescend, that the Oaths of their Admission be no
other than is warranted by Act of Parliament.
You are, if you find that it may in any wise conduce to Our Service, to
enact and publish the Order made at Holyroodhouse by Our Council the
fifth of July last, for discharging the use of the Service-Book, Book
of Canons, and the practice of the High Commission.
You are to protest against the abolishing of Bishops, and to give way
to as few restrictions of their power as you can; as for the Bishops
not being capable of Civil Places, you must labour what you can to keep
them free.
You may give way that they shall be accountable to the General
Assembly, which you shall indict at the rising of this against that
time twelve month.
As for the Bishops Precedence, you are not to admit them of the
Assembly to meddle therewith, it being no point of religion, and
totally in the Crown.
If the Bishop of St Andrews, or any other, be accused of any crime, you
are to give way to it, so they may have a free Trial; and likewise the
same of whatsoever person or Officer of State.
It is left to your discretion what course Bishops shall take, that are
for the present out of the Country.
You are to advise the Bishops to forbear sitting at the Council, till
better and more favourable times for them.
Notwithstanding all these Instructions above-mentioned, or any other
accident that may happen (still labouring to keep up Our Honour so far
as possibly you can) you are by no means to permit a present Rupture to
happen, but to yield anything though unreasonable, rather than now to
break.
C. R.
London the 27ᵗʰ July, 1638.
* * * * *
1638.—July 28.
55. _His Majesties Ten Demands._[80]
1. That all Ministers deposed or suspended by the Presbyteries since
the first of February last, without warrant of the Ordinarie, shall be
restored to their owne places, till such time as they shall be legally
convicted.
2. That all Moderators of Presbyteries, deposed since the foresaid day
by the Presbyteries, without warrant of the Ordinarie, be restored, and
all Moderatours, appointed by the said Presbyteries without warrant
foresaid, to desist from executing the office of Moderator.
3. That all Ministers admitted by the Presbyteries since the foresaid
day, without warrant from the Ordinarie, shall desist from exercising
the function of their ministerie in that place to which they have beene
so presented and admitted.
4. That all Parishioners shall frequent their owne Churches, and
heare their owne Minister, and that the Elders assist the Minister in
the Session, and other exercises of the discipline of the Church, as
formerly they were used to do.
5. That all Bishops and Ministers, have their rents and stipends duly
and thankfully paid them.
6. That all Ministers bee appointed presently to repaire to their
own Churches, that none of them come to the Assemblie, or to the
place where the same shall bee held, but such as shall bee chosen
Commissioners from the Presbyteries.
7. That according to the Act of Assemblie 1606, Moderators of
Presbyteries being found necessarie members of the Assemblie, every
one of the said Moderators be appointed to bee Commisioner from that
Presbyterie where he is Moderator.
8. That Bishops and other Ministers who shall attend the Assemblie, may
be secured in their persons from all trouble and molestation.
9. That the Commissioners from Presbyteries, be chosen by the Ministers
of that Presbyterie onely: And that no lay-person whatsoever, meddle in
the choice, nor no Minister without his owne Presbyterie.
10. That all Convocations and meetings bee dissolved, and that everie
man repaire to his owne house, and that the Countrey not onely be made
peaceable, but also that all such Acts be forborne, as may make it
appeare to be otherwayes.
And since his Majestie is still displeased with the Covenant, wisdome
and our dutifull obedience to our Soveraigne require, that some such
course should be taken, whereby his Majestie may receive satisfaction
therein; and in the meane time, that there be no pressing, threatning,
or perswading of men to subscribe the Covenant, nor no mention be made
thereof any more in Pulpits.
* * * * *
1638.—July 28.
56. _Answers to these Articles._[81]
Having seriously considered with our selves, that nothing in this world
is so precious, and ought to be so deare unto us as our Religion;
that the diseases of the Church after long toleration did threaten no
lesse then her utter ruine, and the expiring of the truth of Religion
at last; and that a free Generall Assemblie was the ordinarie remedie
appointed by divine Authority, and blessed by divine providence in
other Churches; and after a speciall manner in the Church of Scotland,
wee have often and earnestly supplicated for the same, and have
laboured to remove what was objected, or what we could conceive to be
any hinderance to the obtaining of our desire, like as we have now for
the same good end resolved to returne this answer to the particulars
propounded, to be performed by us before any Assemblie be indicted.