Canons, and the High Commission.
You shall shew that the Five Articles of Perth We are pleased be
esteemed as indifferent, and that though We maintain Episcopacy, yet We
will be content that their Power be limited according to the Laws.
And it is Our further Pleasure, that if an Assembly be indicted,
he and the rest of his Brethren be there, to defend themselves and
their Cause: and for that end, that he and they repair to Newcastle,
Morpeth, or Berwick, there to attend your further advertisement, that
so immediately they may repair to Scotland, not only to answer for
themselves at the said Assembly, but likewise to consult with you, what
will be fittest to be done, for the advancement of Our Service that
evil may be kept off, so much as in you and them lieth, both from Kirk
and Commonwealth.
C. R.
Oatlands the 9ᵗʰ September, 1638.
* * * * *
1638.—September 9.
64. _Proclamation._[89]
Charles, by the grace of God, King of Scotland,
England, France, and Ireland, defender of the faith.
To our Lovits ______________________________________
____________________________________________________ Messengers, Our
Sheriffs, in that part conjunctly and severally specially constitute,
greeting. Forsomuch as the cause and occasion of all the distractions
which have happened of late both in Church and Common-weale of this
Our Kingdome, have proceeded from the conceived fears of innovation
of Religion and Lawes: To free all our good Subjects of the least
suspition of any intention in Us to innovate any thing, either in
Religion or Laws; and to satisfie, not only their desires, but even
their doubts: We have discharged, and by these presents do discharge
the Service book, book of Canons, and high Commission, and the practice
of them, or any of them; and by these presents annuls and rescinds all
acts of Councell, Proclamations, and other acts and deeds whatsoever
that have been made or published, for establishing them, or any of
them: and declares the same to be null, and to have no force nor effect
in time coming. And being informed, that the urging of the practice
of the five Articles of Pearth Assembly, hath bred great distraction
and division in the Church and State, We have been graciously pleased
to take the same into Our consideration; and for the quiet and peace
of Church and State, do not only dispense with the practice of
the saids Articles, but also discharge, like as by these presents
Wee discharge all and whatsoever persons from urging the practice
thereof, upon either laicke or ecclesiasticall person whatsoever.
And We doe hereby free all Our Subjects from all censure and pain,
whether ecclesiasticall or secular, for not urging, practising, or
obeying the same, notwithstanding of any thing contained in the acts
of Parliament, or generall Assembly to the contrarie. And because
it hath been, to the disgrace of government, disperst and surmized
throughout this Our Kingdome, that some of Our Subjects have exercised
such illimited and unwarranted power, and have held themselves eximed
from censure and punishment, to which others Our Subjects are lyable:
We do by these presents declare, that if any of Our Subjects, whether
ecclesiasticall or civill, of whatsoever qualitie, title, or degree,
have, or shall at any time presume to do any such act, or assume to
themselves any such exemption or power, That they shall, like as by
these presents We make and ordain them to be lyable to the tryall and
censure of Parliament, generall Assembly, or any other judicatories
competent, according to the nature and qualitie of the offence. And
for the free entrie of Ministers, that no other oath be administrate
unto them, than that which is contained in the act of Parliament. And
to give Our Subjects full assurance, that we never intend to admit of
any change or alteration in the true Religion already established and
professed in this Our Kingdome, And that all Our good people may be
fully and clearly satisfied of the realitie of Our intentions towards
the maintenance of the truth, and integrity of the said Religion: Wee
have thought fit and expedient to enjoyn and authorize, like as We
by these presents do require and command all the Lords of Our privie
Councell, Senatours of the Colledge of Justice, Judges, and Magistrates
to burgh and land, and all Our other Subjects whatsoever, to subscribe
and renew the Confession of Faith, subscribed at first by Our dear
Father and his houshold, in the yeare of God, 1580. Thereafter by
persons of all ranks, in the year 1581. by ordinance of the Lords of
secret Councell, and acts of the generall Assembly. Subscribed again
by all sorts of persons in the year, 1590. by a new ordinance of
Councell at the desire of the generall Assembly, with their generall
band of maintenance of the true Religion, and the Kings person. And
for that effect we do require the Lords of Councell to take such
course, anent the foresaid confession and generall band, that it may be
subscribed and renewed throughout the whole kingdome, with all possible
diligence. And because we will not leave in Our Subjects mindes the
least scruple or doubt of our royall intentions and reall resolutions,
Wee have given warrant to Our Commissioner to indict a free generall
Assembly to be holden at Glasgow the twentie one day of November, in
this present year, 1638. And thereafter a Parliament to be holden at
Edinburgh the fifteenth day of May, Anno 1639. for setting a perfect
peace in the Church, and Common-weale of this Kingdome. And because it
is likely that the disorders and distractions which have happened of
late, have been occasioned through the conceived fears of innovation
of religion and laws, and not out of any disloyalty or disaffection to
Soveraignty: We are graciously pleased absolutely to forget what is
past, and freely to forgive all by-gones to all such as shall acquiesce
to this Our gracious pleasure, and carry themselves peaceably as
loyall and dutifull Subjects, and shall ratifie and approve the same
in Our next ensuing Parliament. And that this Assembly may have the
better successe, and more happy conclusion, Our will is that there be
a solemne fast proclaimed and kept by all Our good Subjects of this
kingdome, a fourteen daies before the beginning of the said Assembly:
the causes thereof to be a begging a blessing from God upon that
Assembly, and a peaceable end to the distractions of this church and
kingdome, with the aversion of Gods heavie judgement from both. And our
pleasure is that this fast be kept in the most solemne manner as hath
been in this Church at any time heretofore upon the most extraordinary
occasion.
OUR WILL is herefore, and we charge you straitly and command, that
incontinent these our letters seen, ye passe, and make publication
hereof by open proclamation at the market crosses of the head burrows
of this kingdome, where-through none pretend ignorance of the same.
Giuen at our court of Oatlands, the ninth day of
September, 1638.
_Per Regem._
* * * * *
1638.
65. _A Direction by Covenanters for Presbyteries._[90]
1. That every Presbyterie have a copie of the Act made at Dundie the
seventh of March 1597. concerning the number of Commissioners; the
tenour whereof followeth:—
Because there hath beene no order hitherto anent the number of
Commissioners to be directed from everie Presbyterie to the Generall
Assemblie, therefore it is statuted and ordained, that in all time
comming three of the wisest and gravest of the Brethren shall be
directed from everie Presbyterie at the most, as Commissioners to
everie Assemblie and that none presume to come without Commission: And
likewise, that one bee directed from everie Presbyterie in name of the
Barons, and one out of everie Burgh, except Edinburgh, which shall have
power to direct two Commissioners to the Generall Assemblie.
2. That everie Presbyterie have a copie of the Commission, to be given
to the Commissioners; the tenour thereof followes.
T. T. ____ the ____ day of ____ The which day after calling upon
the name of God, We the members of the Presbyterie of ____ having
diligently considered the manifold corruptions, innovations, and
disorders, disturbing our peace, and tending to the overthrow of our
Religion, and Liberties of the reformed Church within this Realme;
which hath come to passe, especially through the want of the necessarie
remedie of Generall Assemblies, as well ordinarie as _pro re nata_,
injoyned by this Church for many yeares, and ratified by Act of
Parliament, And now expecting shortly by the mercie of God the benefit
of a free Generall Assemblie, do by these presents nominate and appoint
____ Minister of ____ as also ____ in name of the Burrowes, conjunctly
and severally our lawfull Commissioners, giving and granting unto them
our full power, Commission, and expresse charge, to repaire to the said
Assemblie at the day and place, when and where it shall happen to sit,
in any safe and commodious place within this Kingdome, and there with
the rest who shall be authorised with lawfull Commission, in our name
to propone, treat, reason, vote, and conclude, according to the word of
God, and confession of faith approved by sundrie Generall Assemblies,
and received throughout the whole Kingdome in all Ecclesiasticall
matters, competent to a free Generall Assemblie, and tending to the
advancement of the Kingdome of Christ, and the good of Religion, as
they will answer to God, and his Church thereupon, and to report to us
their diligence therein. In testification of this our Commission and
charge, we have subscribed these presents with our hands, and which
they have accepted with the lifting up of their hands.
3. That everie Church Session send one of the most qualified Elders
unto the Presbyterie the day of chusing Commissioners to the Generall
Assemblie: That by common consent of the Ministers and those Elders
present in the Presbyterie, there may bee chosen both the Commissioners
for the Ministers, and also some well affected and qualified Nobleman,
or speciall Gentleman, being an Elder of some particular Church
Session within that Presbyterie, in name of the Barons: For this is
the constitution of the Presbyteries, (otherwise called Elderships)
appointed by the Church in the books of discipline, Acts of the
Generall Assemblie, practised for many yeares after the reformation,
and ratified in the Parliament, the twelfth of King James the 6. and
never since altered nor rescinded; neither can be with reason altered,
seeing that same is the constitution of the supreme and Generall
Assemblies, and of the inferiour and Church Sessions, as is at more
length cleared by some reasons.
4. That such as are erroneous in doctrine, or scandalous in life, be
presently processed, that they be not chosen Commissioners; and if
they shall happen to be chosen by the greater part, that all the best
affected, both Ministers and Elders, protest and come to the Assemblie
to testifie the same.
5. To send to everie Presbyterie a copie of the printed reasons for an
Assemblie.
6. That Moderators by vertue of their office bee not Commissioners to
the Assemblie, except they be chosen.
7. That the Presbyteries in one of the ordinarie meetings, appoint
to conveene solemnely after the twentieth of September, either upon
the 21. 22. 23. 24. or 25. for chusing of their Commissioners to the
Assemblie, and for to send them hither to Edinburgh before the first
of October, or so soone as they can, that with common consent, they
may receive the Kings last answer, and advise upon the next lawfull
remedies, in their extreme necessities of Church and State.
That in the Fast to be observed on the sixteenth day of September, the
second day preceding their election, they may crave God’s direction
therein.
* * * * *
1638.—September 22.
66. _Letter from the King to Hamilton._[91]
HAMILTON,
If I should be too long silent, I seem to contradict that Rule which
myself prescribed; therefore, though for the present I can say
nothing of the main business, yet this must go if it were but to
acknowledged the receipt of your two—viz., of the 12ᵗʰ of September
from Ferribridge, and of the 17ᵗʰ of the same from Holyrood-house. So
referring you to the Comptroller for what concerns the Ordnance that is
to be transported to Hull, I rest
Your assured constant Friend,
CHARLES R.
Hampton-Court,
22 Sept. 1638.
* * * * *
1638.—September 22.
67, 68.—_Proclamations._[92]
At Holy-rood-house the 22. day of September 1638. Forsomuch as it hath
pleased the Kings Majestie, out of his pious and religious disposition
to the true Religion, and out of his fatherly care, for removing of
all feares, doubts, and scruples, which may arise in the mindes of his
subjects, for preservation of the puritie thereof, and upon divers
great and weightie considerations, importing the glory of God, the
peace of the Kirke and Common-weale of this kingdome, to appoint and
give order, that a free generall Assembly be indicted, kept, and holden
at the Citie of Glasgow the 21. of November next. Therefore the Lords
of secret Councell ordaines letters to be direct, charging Maissars,
and Officers of Armes, to passe and make publication hereof by open
Proclamation at the Market Crosse of Edinburgh, and the head Burrowes
of this Kingdome, and other places needfull. And to warne all and
sundry Archbishops, Bishops, Commissioners of Kirkes, and others having
place and vote in the Assembly, to repaire and addresse to the said
Citie of Glasgow the said one and twentieth day of November next to
come, and to attend the said Assembly induring the time thereof, and
aye and while the same be dissolved, and to doe and performe all which
to their charges in such cases appertaineth, as they will answer to the
contrarie at their highest perill.
At Holy-rood-house the 22. day of September 1638.
Forsomuch as it hath pleased his Majestie, out of his pious and
religious disposition to the true Religion, and out of his fatherly
care for removing of all feares, doubts, and scruples which may arise
in the mindes of his subjects, for preservation of the puritie thereof,
and upon divers other great and weighty causes, importing the glory
of God, the peace of the Kirke and Common-weale of this Kingdome,
to appoint and give order, that the Soveraigne and High Court of
Parliament shall be holden at the Citie of Edinburgh upon the 15. day
of May next to come, with continuation of dayes: Therefore the Lords of
secret Councell ordain letters to be direct to Maissars and officers
of Arms, charging them to passe to the market Crosse of Edinburgh,
and other places needfull, and there by open Proclamation to make
publication of the holding of the said Parliament, and to warne all
and sundry Noblemen, Prelates, and Commissioners for the Barons and
Burrowes, and all others having voice and place in the said Parliament,
that they and every one of them, in their most decent and comely
manner, make their addresse to the said Parliament, attend and await
thereat during the time thereof, and to discharge that duty which is
incumbent to them, and each one of them, as they will answer on the
contrary at their perill.
* * * * *
1638.—September 22.
69. _Letter from the King to the Privy Council._[93]
Apud Holy-rood-house Septemb. 22. 1638.
The which day James Marquesse of Hamiltoun His Majesties Commissioner,
produced and exhibited before the Lords of Privie Councell, the two
Missive underwritten, signed by the Kings Maiestie, and directed to the
said Lords, which being read, heard and considered by the said Lords,
They have ordained, and ordaines the name to be inserted and registred
in the books of secret Councell, therein to remaine _ad futuram rei
memoriam_, whereof the tenour followeth.
CHARLES R.
Right trusty, &c. being certainly informed that the distractions
which have happened of late, (both in Church and Commonwealth) in
this Our ancient Kingdome of Scotland, have much troubled the minds
of many of Our good and loyall subiects; and that these distractions
have beene occasioned upon jealousies and feares of innovation of
Religion and Lawes, as tending to the introduction of Poperie, and not
without some suspition as if Wee Our selfe were inclined that way;
Upon occasion whereof, many of Our subjects have of late subscribed a
band or Covenant for preserving the true Religion and Lawes already
established, and for defending the Kings person, and each others, in
defence thereof: But the same not being warranted by Royall authority
(as that which was in Our deare Fathers time) must needs of it selfe be
ineffectuall, and much prejudiciall to the ancient Forme and Custome of
government kept within that Our Kingdome of Scotland: Wherefore Wee,
out of Our inborne love to Our said native Countrie, and for obviating
these conceived feares, and satisfying of you and all Our loving
people, have thought good to ordaine the Confession of Faith, and band
subjoyned thereto, of the date at Edinburgh, Januarie 28. 1580. and
signed by Our Royall Father to bee renewed: And to that effect have
given Order to Our Commissioner, with advice of Our Councell, to set
downe and settle some solid course, whereby the same may be subscribed
by Our Councell, Judges, Magistrates of Burroughes, and all other Our
people of that Kingdome. And for further clearing of Our selfe, Wee
declare, That as We are and ever have beene satisfied in Our judgment
and conscience for the reformed Religion now established, and against
the Roman: so Wee purpose, by Gods grace, both to live and die in
the practice thereof, and to preserve and maintaine the same in full
strength and integritie, according to the Lawes of that Our ancient
Kingdome. What We have thought further fitting to be done at this time,
concerning the particulars contayned in Our subjects petitions; you
shall receive Our full pleasure therein from Our Commissioner. And that
this Our Declaration concerning Our selfe, and Our pious intention, for
settling the Reformed Religion within that Our Kingdome may appeare to
posteritie. Our pleasure is, that these presents be registred in the
Books of Councell.
Oatlands, Septem. 9. 1638.
1638.—September 22.
70. _Act of Council._[94]
The Lords of secret Councell having read and maturely considered his
Majesties letters, and particular declaration of his pleasure anent the
annulling of the Service Book, book of canons, and high Commission,
discharging the pressing of the practice of the five Articles, making
all persons Ecclesiastick and Civill, of what title or degree soever,
lyable to the triall and censure of Parliament, general Assembly, &
other judicatories competent, anent the not administrating to ministers
at their entry any other oath than that which is contained in the
act of Parliament anent the subscribing and renewing the confession
of faith, subscribed by his Majesties Father of blessed memory, and
his houshold, in Anno 1580. and band following thereupon, anent the
indiction of a generall Assembly, to be holden at Glasgow the 21. day
of November 1638, and Parliament at Edinburgh the 15 of May, 1639.
and anent his gracious goodnesse in forgetting and forgiving all
by-gones, and indiction of a fast for craving of God’s blessing to
this Assembly; finde themselves so fully satisfied therewith, and the
same to be so satisfactorie for removing all the fears of the subjects
anent innovation of religion or laws, that we hold our selves bound
in dutie, not only to acquiesse therewith, as the best mean to secure
both religion and laws, but also to use our best endeavours, that all
his Majesties good subjects may likewise rest satisfied therewith. And
that they with us, and we with them, may testifie our thankfulnesse
for so great a grace and goodnesse with all the hearty expressions
of dutifulnesse and loyalty, and that our true sense hereof may the
more clearly appear to our Sacred Soveraigne; We do by these humbly
and heartily make offer of our lives and fortunes in the defending
and assisting of his Majesties sacred person and authority; in the
maintenance of the foresaid religion and confession, and repressing of
all such as shall hereafter presse to disturbe the peace of this Kirk
and Kingdome.
In witnesse whereof we have heartily and freely subscribed these
presents with our hands. At Halyrude-house the 22 day of September.
1638.
_Sic Subscribitur._
HAMMILTOUN.
Traquaire, Roxburgh, Mairsheall, Mar, Murray, Linlithgow, Perth,
Wigtoun, Kingorne, Tullibardin, Hadington, Annandail, Lauderdail,
Kinnoul, Dumfreis, Southesk, Belheaven, Angus, Lorne, Elphinstoun,
Naper, Dalyell, Amont, J. Hay, S. Thomas Hope, S. W. Elphinstoun, Ja.
Carmichael, J. Hammiltoun, Blackhall.
1638.—September 22.
71. _The Protestation of the Noblemen, Barons, Gentlemen, Burrowes,
Ministers, and Commons, the 22. September 1638_ [after the reading of
the Proclamation dated September 9.][95]