Ecclesiasticall, or Civill: Ecclesiasticall, or Church matters are, The
first, concerning Ministers deposed or suspended by the Presbyteries,
since the first of Februarie last, without warrant of the Ordinarie,
that they bee restored to their owne places. The second, concerning
Moderators of Presbyteries deposed since the foresaid day, to be
restored, and all Moderators appointed by the said Presbyteries without
warrant aforesaid, to desist from executing the office of Moderator.
The third, concerning Ministers admitted since the foresaid day, that
they desist from exercising the function of the Ministerie in that
place, to which they have beene admitted. These three particulars
do concerne the power, dutie, and particular facts, or faults of
Presbyteries, wherein we have no power to judge or determine, whether
they have proceeded lawfully or not, farre lesse can wee urge or
command them to recall what they have determined or done, in the
suspending, deposing, or admitting of Ministers, or Moderators; they
being properly subject to the superiour Assemblies of the Church; and
in this case and condition of the Church, to the Generall Assemblie,
where, if they shall not after triall justifie their proceedings, from
the good warrants of Scripture, reason, and the acts and practices of
the Church, they ought to sustaine their owne deserved censure. And
since on the one side, there bee many complaints against the Prelats
for their usurpation over Presbyteries in the like particulars;
and on the other side, there bee such complaints of the doings and
disorders of the Presbyteries to the offence of the Prelats; wee
trust that his Majesties Commissioner will not esteeme this to bee
any hinderance of the indiction of a Generall Assemblie, but rather a
powerfull and principall motive with speed to conveene the same, as the
proper Judicatorie wherein to determine such dangerous and universall
differences of the Church. Neither do we heare that any Ministers
are deposed, but onely suspended during this Interim till a Generall
Assemblie, for their erroneous doctrine and flagitious life; So that it
were most offensive to God, disgracefull to Religion, and scandalous to
the people, to restore them to their places till they bee tried, and
censured. And concerning Moderators, none of them (as wee understand)
are deposed, but some onely changed, which is verie ordinarie in this
Church. The fourth, concerning the repairing of Parishioners to their
owne Church, and that Elders assist the Ministers in the discipline
of the Church, ought to be cognosced and judged by the particular
Presbyteries, to which the Parishioners and Elders are subject, since
the cause may be in the Ministers no lesse then in the Parishioners and
Elders. And in case they finde no redresse there, to assent till they
come to a Generall Assemblie, the want whereof maketh disorders to bee
multiplied, both in Presbyteries and particular Parishes.
To the sixth, That Ministers wait upon their owne Churches, and that
none of them come to the Assemblie, or place where the same is kept,
but such as shall be chosen Commissioners from Presbyteries, we answer,
That none are to come to the place of the Assemblie, but such as are
either allowed by Commission to have voice, or otherwise have such
interesse as they can justifie to his Majesties Commissioner, and the
Assemblie conveened.
To the seventh, Concerning the appointment of Moderators of
Presbyteries to bee Commissioners to the Generall Assemblie, onely
constant Moderators, who have ceased long since, were found in the
Assemblie 1606. (which yet was never reputed by the Church to be a
lawfull nationall Assemblie) to be necessarie members of the Generall
Assemblie. And if both the Moderators, who if they be necessarie
members need not to bee chosen, and the chosen Commissioners repaire
to the Assemblie, the Assemblie it selfe can judge best of the members
whereof it ought to consist.
To the ninth, That no lay-person whatsoever meddle with the choosing
of Commissioners from the Presbyteries, and no minister without his
owne Presbyterie, we say, That according to the order of our Church
discipline, none but Ministers, and Elders of Churches ought to have
voice in choosing Commissioners from Presbyteries, and that no
Minister, or Elder should have voice in Election, but in his owne
Presbyterie.
The rest of the particulars are concerning civill matters: As the fifth
concerning the paying of Rents and Stipends to Ministers and Bishops,
concerning which we can say no further, but that the lawes are patent
for them, as for his Majesties other subjects, and that the General
Assemblie ought not to be delaied upon any complaint in that kinde.
The eighth, requiring that Bishops, and Ministers be secured in their
persons, we think so reasonable, that wee will promise everie one of
us for our own parts, they shall suffer no violence from us, and that
we shall hinder others so farre as wee may; And if any trouble them
otherwise, or make them any kinde of molestation in that attendance but
by order of Law, the parties are justly punishable according to the
degree of their fault as other subjects are.
To the tenth, concerning the dissolving of all Convocations and
meetings, and the peaceablenesse of the Countrie; These meetings being
kept for no other end, but for consulting about lawfull remedies
against such pressing grievances as threaten the desolation of this
Church and State, cannot be dissolved till the evils be removed. And
we trust, that nothing in these our meetings hath escaped us, which
carrieth in it the smallest appearance of undutifulnesse, or which
may seeme to tend to the breach of the common peace: But although our
adversaries have herein calumniated us, yet we have alwayes so behaved
our selves, as beseemed his Majesties most humble and loyall subjects,
petitioning his Majestie for a legall redresse of our just grievances.
To the last, concerning the Covenant; the Commissioner his Grace
having many times and most instantly pressed us with that point, we
did first by invincible arguments make manifest, that we could not,
without sinning against God, and our owne consciences, and without
doing wrong to this Nationall Church, and all posteritie, rescind or
alter the same: And thereafter did at large cleare the same of all
unlawfull combination against Authoritie, by our last Supplication and
Declaration, which his Majesties Commissioner accepted as the most
readie and powerfull of all other meanes, which could come within
the compasse of our thought to give his Majestie satisfaction, The
subscription of this our confession of Faith, and Covenant being an
act so evidently tending to the glorie of God, the Kings honour, and
happinesse of the Kingdome: And having alreadie proved so comfortable
to us in the inward of our hearts, It is our ardent and constant
desire, and readie wish, that both his Majestie and all his good
subjects may be partakers of the same comfort, Like as we finde our
selves bound by conscience, and by the Covenant it selfe, to perswade
all his Majesties good subjects to join with us for the good of
Religion, his Majesties honour, and the quietnesse of the Kingdome:
which being modestly used by us without pressing, or threatening of
the meanest, we hope shall never give his Majestie the least cause of
discontent.
Seeing therefore, according to our power and interesse, wee are most
willing to remove all hinderances, that things may bee carried in
a peaceable manner, worthy our Profession, and Covenant, doe aime
at nothing but the good of the Kingdome, and preservation of the
Church, which by consumption, or combustion, is like to be desperately
diseased, except remedy some way be speedily provided; And wee delight
to use no other meanes, but such as are legall, and have been ordinarie
in this Church, since the Reformation: Wee are confident that without
further delay, for preventing of greater evils and miseries then we can
expresse our just desires shall be granted. So shall we be encouraged
in the peace of our souls, still to pray for his Majestie, all encrease
of our true honour and happinesse.
* * * * *
1638.—July 28.
57. _Reply by the Commissioner._[82]
1. If the Lords and the rest will undertake for themselves and the
rest, that noe Laicks shall have voyces in choosing the Ministers to
bee sent from the severall Presbyteries to the General Assembly, nor
none else but the Ministers of the same Presbyterie:
2. If they will undertake that at the Assemblie they shall not goe
about to determine of things established by Acts of Parliament,
otherwise then by remonstrance or petition to the Parliament, leaving
the determining of things Ecclesiasticall to the generall Assembly, and
things settled by Act of Parliament, to the Parliament:
Then I will presently indict a Generall Assembly, and promise, upon my
Honour, immediately after the Assembly to indict a Parliament, which
shall cognosce of all their complaints.
* * * * *
1638.—July 30.
58. _Letter from the King to Privy Council._[83]
CHARLES R.
Right trusty and well-beloved Cousin, Councellour and Commissioner, and
Right trusty and well-beloved Cousins and Councellours, and trusty and
well-beloved Councellours, We Greet you well.
The great Distractions which have of late arisen both in Kirk and
Commonwealth, in that Our Ancient Kingdom of Scotland, have much
troubled the minds of many good and loyal Subjects there, and these
Distractions have fallen out among them upon Jealousies and Fears of
Innovation in Religion, and introducing of Popery; and not without some
Fears conceived amongst them, as if We Our Self were that way inclined.
Upon occasion of these Fears they have of late signed a Covenant,
or Bond for conserving the Religion established, and the Laws of
the Country; but this Bond being not subscribed by Royal leave and
Authority (as was that in Our dear Fathers time) must needs be both
null in it self, and very prejudicial to the ancient and laudable
Government of both Kirk and Commonwealth: which though We must declare
unto you, yet out of Our inborn Love to that Our Native Country, and
Loyal Subjects there, and for the obviating of these causeless Fears,
and to satisfie your selves and all Our loving People, We do hereby
under Our hand let you know that We are, and have ever been satisfied
fully in Our Judgement and Conscience, both for the Reformed Religion
and against the Roman; and that by Gods Grace and Goodness, We purpose
both to live and die in the belief and practice of the Religion now
established, and to preserve it in full strength, according to the Laws
of that Our Kingdom: and to the end that this may appear to Posterity,
how firm and settled We are in that Our Religion, We require you Our
Commissioner and Council to see these Letters registred according to
course.
Given at Our Court at Oatlands, July 30. 1638.
* * * * *
1638.—July 30.
59. _Declaration by the King._[84]
CHARLES R.
The great Distractions which of late have risen both in Kirk and
Commonwealth, in this Our ancient Kingdom, have so troubled the
minds of many of Our good and loyal Subjects there, that they have
been possessed with Fears as if Popery had been intended to have
been introduced, and as if We Our Self were that way inclined: upon
occasion of which Fears a Covenant or Bond of late hath been drawn up,
intended by the Subscribers (as doth appear by their Supplication,
presented to Our Commissioner the 26th of June last) for conserving
the Religion and Laws of the Country; but it not being done by Royal
leave and Authority, as was that in Our dear Fathers time, must be
both null and void of it self, and much prejudicial to the ancient
and laudable Government of Kirk and Commonwealth: Therefore We for
obviating those Fears, which have been misconceived, both against Our
Person and Profession, for matters of Religion, and to satisfie not
our loving Subjects only, but all the Christian World, that We do, and
(by Gods Grace) ever will maintain the true Christian and Reformed
Religion, established in this our Kingdom, and to let the World see,
that this shall be done in and with all freedom according to the Laws
of Our Country, have signed the Confession of Faith, established by Act
of Parliament An. 1557, with this Bond following, in defence of it,
and Royal Authority, Laws, and Liberties of the Country; and do also
require the present Subscription of this Confession and Bond by all Our
loving Subjects, that it may remain in force to Posterity, that they
may know how careful We are, and have been to preserve the integrity of
Religion, and the freedom of Our Laws.
* * * * *
1638.—August 13.
60. _Declaration by Hamilton to the Privy Council._[85]
MY LORDS,
I thought it fit to acquaint your Lordships before I returned His
Majesties Answer to the Noblemen, and others petitioning for the same,
which is so full of Grace and Goodness, that we have all cause to bless
God, and thank His Majesty for it: such is his tender care of this poor
distracted Kingdom, that he will leave nothing undone, that can be
expected from a Just Prince, to save us from Ruine; and since he finds
such Distraction in the Church and State, that they cannot be well
settled without a Parliament and Assembly, the state of the Country and
business being prepared for it, he hath given me Warrant for calling
of both, that they may be orderly held, as formerly they have been,
according to the Laws and Customs of the Kingdom.
And further I am to declare to your Lordships, that this we are to
attribute only to His Goodness, for we cannot but acknowledge, that our
carriage hath been such, as justly we might have expected that he would
have taken another course with us: which he was Royally and really
prepared for, (had not His Mercy prevailed above His just Indignation)
and by a powerful and forcible way have taught us Obedience, which he
hath forborn to make use of merely out of His Grace and Goodness. It is
our duty to let His Subjects know, how great our obligation is to Him,
which every one of us in particular, and all of us in general, should
strive to make every one sensible of; and labour, so far as lieth in
our power, to procure satisfaction to His Majesty, and quiet to this
distracted Church and State.
* * * * *
1638.—August 25.
61. _Articles of Advice, by Hamilton and other Peers, to the King._[86]
Since the cause and occasion of all the Distractions, which of late
have happened both in Kirk and Polity, seems to proceed from the
conceived Fears of Innovation of Religion and Laws, and that the
Service-Book, Book of Canons, and the unbounded power of Bishops in the
High Commission (never yet warranted by Law) was that which first gave
ground and occasion to the Subjects Fears, and seeing the said Books
are offered to be proved, to be full of Tenets and Doctrines contrary
to the Reformed Religion, professed and established within this
Kingdom, and the same introduced against all form and custom practised
in this Church; it were an Act of Justice well beseeming so Gracious
and Glorious a King, absolutely and fully to discharge the same.
And seeing likewise this High Commission hath given so great offence to
so many of your Majesties good Subjects, and as is constantly affirmed,
is of so vast and illimited a power, and contrary to express Laws, by
which all such Judicatories, not established by Act of Parliament, are
declared to be of no force; it would much conduce to the satisfaction
of this People, if this Judicatory were discharged till the same were
established by Law.
The practice of the Five Articles of Perth hath been withstood by the
most considerable part of the Subjects of all qualities, both Laity and
Clergy, whereby great Divisions have been in this Church, and are like
to have an increase, if Your Majesty, (in Your accustomed goodness and
care of this poor Kirk and Kingdom) shall not be graciously pleased
to allow that the pressing of these Articles may be forborn until the
same may be considered of in an Assembly and Parliament; and although
we conceive Episcopacy to be a Church-Government most agreeable with
Monarchy, yet the illimited power which the Lords of the Clergy of this
Kingdom have of late assumed to themselves, in admitting and deposing
of Ministers, and in divers others of their Acts and Proceedings, gives
us just ground humbly to beg, that Your Majesty may be pleased to remit
to the Consideration of the Assembly this their unwarranted Power.
The sense and apprehension of these foresaid Evils, hath stirred up the
Subjects without warrant of Authority, to join in a Bond and Covenant
to withstand the foresaid Innovations, and for maintainance of the true
Religion, the Kings Majesties Person, and of one another in the defence
thereof.
If your Majesty might be graciously pleased in supplement hereof, to
allow or warrant such a Confession of Faith, with such a Covenant or
Bond joyned thereto, as that signed by Your Majesties Father, and by
His Command, by the Council and most part of the Kingdom, we are very
confident the same would be a ready and forcible mean to quiet the
present Disorders, at least to satisfie most part; and if Your Majesty
shall condescend to the foresaid Propositions, we are hopeful, if
not confident, it shall give so great content to so considerable a
number of Your Majesties good Subjects, of all qualities, that if any
shall stand out, or withstand Your Majesties Royal Pleasure, after the
publication thereof, they may be overtaken by Your Majesties Power
within this Kingdom, without the help or assistance of any Force
elsewhere.
And because it is to be hoped, that all that hath past in this
business, and all the Courses that have been taken herein by the
Subjects, hath proceeded from the foresaid Fears of Innovations, and
not out of any Disloyalty or dissatisfaction to Soveraignty, and that
Your good People may still taste the fruits of Your Grace and Goodness,
we wish Your Majesty may be graciously pleased, upon the Word of a
King, to pardon what is past, and never so much as to take notice of
any of the Actions or Proceedings of what person soever, who after this
shall carry himself as becomes a dutiful Subject, and in testification
thereof shall give his best assistance for settling the present
Disorders.
And if Your Majesty may be pleased to condescend hereto, we conceive
all Your Majesties Subjects, Petitioners or Covenanters, should
acquiesce, and rest heartily satisfied therewith; and if any shall be
so foolish or mad, as notwithstanding this Your Majesties grace and
goodness, still to disturb the Peace of Your Majesties Government, we
in testification of our hearty thankfulness to our Soveraign, by these,
humbly and heartily make offer of our Lives and Fortunes, for assisting
Your Majesty, or Your Commissioner, in suppressing all such Insolences
or insolent persons.
Signed
Hamilton.
Roxburgh.
Traquair.
Southesk.
* * * * *
1638.—September 9.
62. _New Instructions by the King to Hamilton._[87]
CHARLES R.
I. You shall in full and ample manner, by Proclamation or otherwise,
as you shall see cause, declare, That We do absolutely revoke the
Service-Book, the Book of Canons, and the High Commission.
II. You shall likewise discharge the practice of the Five Articles of
Perth, notwithstanding the Act of Parliament, which doth command the
same, and in the said Proclamation you shall promise, in Our Name, that
if in the first Parliament to be held the three Estates shall think fit
to repeal the said Act, We shall then give Our Royal Assent to the said
Act of Repeal.
III. You shall likewise declare, that We have enjoyned, and authorized
the Lords of Our Privy Council to subscribe the Confession of Faith,
and Bond thereto annexed, which was subscribed by Our dear Father, and
enjoyned by His Authority in the year 1580. and likewise have enjoyned
them to take order, that all our Subjects subscribe the same.
IV. You shall likewise declare, that Our meaning and pleasure is,
that none of Our Subjects, whether Ecclesiastical or Civil, shall
be exempted from censures and trial of the Parliament, or General
Assembly, those Courts proceeding against them in due form and order of
law.
V. You shall likewise declare, That we are Graciously content, that the
Episcopal Government, already established, shall be limited with such
Instructions, as may stand with the Laws of this Church and Kingdom
already established.
VI. You shall offer a Pardon by Proclamation, and promise in it a
Ratification of the same in Parliament, to all Our good Subjects, who
shall rest satisfied with this Our gracious Declaration, and hereafter
carry themselves as becomes peaceable and dutiful Subjects.
VII. You shall procure an Act of Council, wherein every Councellour
shall declare himself fully satisfied with this our Declaration,
and (if you can) they shall moreover solemnly swear and protest to
adhere to Us, and with their Lives, Fortunes, and whole Means, assist
Us in the punishing and repressing all such as shall be found to be
disobedient to Us, or persist in turbulent and unpeaceable Courses; and
if any of Our Councellours shall refuse so to doe, you shall presently
remove him from the place of a Councellour.
VIII. You shall likewise require every Lord of the Session to subscribe
the Confession of Faith abovementioned, and the Bond thereunto annexed;
as likewise to make the same Protestation in all things, as in the last
Instruction is required of a Councellour: and if they shall refuse to
doe it, you shall then certifie to Us the names of such Refusers.
IX. You shall likewise declare, that Our Pleasure is, That a most
solemn Fast be indicted upon a set day throughout the whole Kingdom,
which shall precede the General Assembly in some competent time. The
Causes shall be declared, to beg Gods blessing on that Assembly, to beg
of God a peaceable end to the Distractions of this Church and Kingdom,
with the aversion of Gods heavy judgement from both. The form of
Indiction we desire to be according to the most laudable Custom of this
Church in most extraordinary cases.
X. You shall labour as much as in you lieth, that both the Electors,
and Persons elected to be Commissioners at the General Assembly, shall
be the same that were wont to be in My Fathers time, and the same forms
to be observed as near as may be: but yet if that cannot be obtained,
it shall be no lett to you from indicting a General Assembly; but you
shall go on in it, by all such means, as you shall find to be most
advantageous to Me in that Service.
XI. The time and place of the Assembly, (Edinburgh only excepted) We
leave to your Judgment and Pleasure.
XII. You shall likewise presently indict a Parliament; the time and
place We leave likewise to you.
XIII. Whether you shall first publish Our Gracious Offers, or first
indict the Assembly, We leave it to your own Judgment as you shall see
cause.
XIV. If you shall find the most considerable part of the Council not
to acquiesce in this Our Gracious Declaration, and not to promise
hearty and chearful Assistance to Us, as is above expressed, or not a
considerable part of other Lords and Gentlemen, in case Our Council
refuse, then you shall neither indict Parliament nor Assembly, nor
publish any of My Gracious Offers, except only the abolishing of the
Service-Book, Book of Canons and High Commission; but leave them to
themselves, and to such further Order as We shall be forced to take
with them; only if you foresee a Breach, you shall give timely warning
thereof, to such as have stood well-affected to Our Service, that so
they may in due time provide for their safety, and your self is to
return to Us with expedition.
XV. You must by all means possible you can think of be infusing
into the Ministers, what a wrong it will be unto them, and what an
oppression upon the freedom of their Judgements, if there must be such
a number of Laicks to overbear them, both in their Elections for the
General Assembly and afterwards.
XVI. Likewise you must infuse into the Lay-Lords and Gentlemen with
art and industry, how manifestly they will suffer, if they let the
Presbyters get head upon them.
XVII. For the Forms of these We leave to you, and such Learned Council
as you shall use upon the place, always provided, that you retain the
substance of these Our Instructions.
XVIII. You shall enjoyn in Our Name the Lords of Council, and all other
Our good Subjects to subscribe the Confession of Faith signed by Our
dear Father; and publish Our charge to all Commissioners and Ministers
for that end, according to the same, signed with Our Royal Hand; and
further proceed in that particular, according as We have directed you,
and Our Council by Our Letter to that effect.
CHARLES R.
Oatlands the 9ᵗʰ
of Septemb. 1638.
* * * * *
1638.—September 9.
63.—_Instructions as to the Bishops._[88]
CHARLES R.
You shall shew My Lord of St Andrews, that We intend by being content
with his demission of the Chancellours Place no injury to him, and
most willing We are, that in the manner of doing it he may receive no
prejudice in his reputation, though we cannot admit at this time of
his nominating a Successor; and to make it more plain, that We are far
from having any thought to affront him, by thinking of his demission,
We will in no ways that you urge him to do it; yet you are to intimate
that in Our opinion a fair demission will prove more to the advancement
of Our Service, and be better for him, than if he should retain the
Place.
If you find him willing to demit, you shall then try what consideration
he doth expect from Us, and if the same be not altogether unreasonable,
you shall promise it in Our Name.
If a demission, then it is presently to be done.
If he resolve to hold that Place, then you must presently command his
repair to Scotland, all excuses set apart.
You shall communicate to him and the rest of his Brethren, that far of
Our Intentions, that it is probable you may indict a General Assembly.