Wee protest, That seeing these who for scruple of conscience did

mislyke the Service-Booke, Canons, and high Commission, which were

apprehended, or given foorth, to be the cause of the troubles of this

Church, haue now receaved satisfaction, and his Majestie is graciouslie

pleased to forget and forgiue all offences by-past in these stirres;

that all the Subjectes of this Kingdome may liue in Peace and Christian

Loue, as becommeth faythfull Subjectes, and good Christians; laying

aside all hatred, envye, and bitternesse. And if anie shall refuse

so to doe, they may beare the blame, and be thought the cause of the

troubles that may ensue: and the same bee not imputed to vs, or anie

of vs, who desire nothing more, than to liue in peace and concord with

all men, vnder his MAIESTIES obedience, and who haue committed nothing

agaynst the Lawes of the Kingdome, and Church, that may giue anie man

just cause of offence; and are so farre from wishine hurt to anie man,

in his person, or estate, notwithstanding all the indignities and

injuries wee haue suffered, that for quenching this present Combustion,

and setling Peace in this Church, and Countrey, wee could bee content,

after clearing of our innocencie, of all thinges where-with wee can

bee charged, not onelie to lay downe our Bishoprickes at his Majesties

feet, to be disposed of at his Royall pleasure; but also, if so bee, it

pleased GOD, to lay downe our lyues, and become a Sacrifice, for this

Atonement.

Wee protest, in the sight of GOD, to Whom one day wee must giue

Account, That wee make vse of this DECLINATOR, and PROTESTATION, out

of the conscience of our duetie to GOD, and His CHVRCH; and not out of

feare of anie guiltinesse, whereof anie of vs is conscious to himselfe,

eyther of wickednesse in our lyues, or miscarriage in our Callings:

being content, everie one of vs, for our owne particular, (as wee haue

never showne our selues to bee otherwyse) to vnder-goe the lawfull, and

moste exact Tryall, of anie competent Judicatorie within this Kingdome,

or of his Majesties high Commissioner.

And wee moste humblie intreat his Grace, to intercede with the King’s

Majestie, That hee may appoynt a Free and Lawfull Generall Assemblie,

such as GOD’S Word, the practise of the Primitiue Church, and Lawes

of the Kingdome doe prescrybe, and allowe, with all convenient

speed, to the effect, the present Distractions of the Church may be

setled. And if there be anie thing to be layd to the charge of any of

the Clergie, of whatso-ever degree, eyther in Lyfe and Manners, or

Doctrine, or exercise of his Calling, and Iurisdiction, hee may bee

heard to aunswere all Accusations, and abyde all tryall, eyther for

clearing his innocencie, or suffering condigne punishment, according

to his Transgressions: declyning alwayes this Assemblie, for the

causes aboue-written. Lyke as by these Presentes, wee, and everie one

of vs, declyne the same, the whole Members thereof, and Commissioners

fore-sayd, directed therevnto, and everie one of them.

Wee protest, That this our PROTESTATION in respect of our lawfull

absence, may bee receaved, in the Name of vs vnder-subscribing for our

selues, and in the Name of the CHVRCH of SCOTLAND, that shall adheare

to the sayde PROTESTATION, and in the Name of everie one of them, From

our well-beloved, Doctor Robert Hamilton, Minister at Glasford:

To whome, by these Presentes, wee giue our full Power, and expresse

Mandate, to present the same in or at the sayde Assemblie, or where

else, it shall bee necessarie to bee vsed; with all submission, and

obedience, due to our Gracious Soveraygne, and his Majesties High

Commissioner. And vpon the presenting and vsing thereof, Acts and

Instrumentes to craue, and all other thinges to doe, that necessarilie

are requyred in such Cases: firme and stable holding, or for to holde,

what hee, or anie of them, shall lawfullie doe in the Premisses.

In witnesse where-of, as wee are readie with our Blood, so with

our Hand, wee haue subscrybed these Presentes, at the Palace of

HOLIEROOD-HOVSE, NEW-CASTLE, and GLASGOW, the 16, 17, and 20 dayes of

November, Anno 1638.

Et sic subscribitur.

Jo: Sᵗⁱ Andreæ Arch. [_Jo. Spottiswood._]

Pa: Glasgow. [_Patrick Lindsay._]

Da: Edinburgen. [_David Lindsay._]

Tho: Gallovidien. [_Thom. Sydserfe._]

Jo: Rossen. [_John Maxwell._]

Walterus Brechinen. [_Walter Whitfoord._]

* * * * *

86. _His Majesty’s Observations upon the draft copy of the

Declinator._[111]

CHARLES R.

I. The second reason to be advised with my Lord Commissioner, whether

or not it be safe at this time to except against the Form of the

Publication of the Indiction of the Assembly.

II. The third is a very good reason against the Proceeding of the

Assembly, but will not infer a Nullity.

III. In all the reasons where the Assembly is called a pretended

Assembly, it is His Majesties Pleasure, that the word _pretended_ be

deleted out of the Copy shewed to His Majesty.

IV. For the seventh reason, if it offend not the inferiour Clergie, His

Majesty is contented with it.

V. In the ninth reason, to omit the precondemning of the Service-book,

Book of Canons, and High Commission.

VI. The tenth reason is so full that the eighth may be totally omitted.

VII. The eleventh reason militates abundantly against all those who

hold such Tenets, that they cannot Voice in the Assembly, though it

Infer not an absolute Nullity of the Assembly.

VIII. The thirteenth de loco tuto, & accessu tuto, to be totally

omitted.

IX. The fourteenth and last to be totally omitted.

X. In the conclusion there is one clause marked by His Majesties own

Hand, which is to be omitted.

Whitehall, 19ᵗʰ October, 1638.

* * * * *

1638.—November 17.

87.—_Letter from the King to Hamilton._[112]

HAMILTON,

Concerning our Preparations here, I have commanded the Comptroller to

give you a full account, of which you may take publick notice, and

declare, That as their Carriage hath forced me to take care to arm

myself against any Insolence that may be committed; so you may give

assurance that my care of Peace is such, that all those Preparations

shall be useless, except they first break out with insolent Actions.

Now for Answer to your Letter, it was never heard that one should be

both Judge and Party: besides, the Lawfulness of the Judicatory must be

condescended upon, before any Cause can be therein lawfully determined:

therefore I say that the Assembly can in no case be Judge of their own

Nullities: yet you have reason, not onely to make good what I have

promised, but also to promise them a new Assembly, upon the amendment

of all the Faults and Nullities of this. I approve of both your

Bargains, and shall take care that you shall not lose by them, and so I

rest

Your assured constant Friend,

CHARLES R.

Whitehall,

17 Nov. 1638.

* * * * *

1638.—November 20.

88. _Letter from Bishops of Ross and Brechin to the Commissioner._[113]

MAY IT PLEASE YOUR GRACE,

What came from my Lord S. Andrews is herewith enclosed. We humbly

and heartily thank your Grace for your excessive favour and kindness

towards us: we must take it the more kindly, that we know at such a

time it is to let others see what respect your Grace carries to our

Coat; for our selves we could more willingly chuse a more sober diet

and less ease: considering our own Sins, and the difficulties of the

Times, do admonish us rather to fast than feast, to afflict our Souls

rather than to relish any worldly pleasure. But above all we two for

our selves, and in name of our Brethren, do with most thankful hearts

acknowledg your Graces most pious care of the Liberties of this poor

distressed and distracted Church; and especially the solicitude and

care your Grace hath, that our Protestation be orderly done, secretly

kept, and seasonably presented, before either the Cause, or we that are

Bishops, suffer wrong. It is that which now concerneth us most and is

dearest to us, both for Conscience before God, and our credit to the

present Age and future; and we cannot express how happy we are to have

in this Exigent such a Pious and Noble Patron, careful and sollicitous

with the most tender affection both of our Cause and Persons, where

otherwise (with the greatest loss, at least hazard, can be, to

discharge our Duty to God and his Church) we should be necessitated to

doe it our selves, and haply neither with so much safety nor honour.

God will reward your Grace we are confident, and bless your Grace and

yours; for we dare aver in this Division your Grace hath made choice

of the better part. The Difficulties are great, the Hopes none, but

too pregnant Fears to the contrary; yet it is the more like to be Gods

Cause, that his Work may appear: and it may be called _digitus Dei_,

and marvellous in our eyes. Mans extremity is Gods opportunity.

We have given Dr Hamilton our best directions, which we submit humbly

to your Graces better Judgment, to add and command what you think fit:

he needs no more Deputation, but the inserting of his name in the

Procuratory, which is in the close of the Declinator. Above all we have

recommended to him, a care that it may be timeously presented; but in

this we trust only to your Grace.

As we pity the Difficulties your Grace is cast into, so shall we be

earnest supplicants to God Almighty, to bless and preserve your Grace

in this and all other Services, wherewith God and his Majesty hath

trusted you.

Your Graces most humble

and bounden Servants,

John Rossen.

Wal. Brechinen.

POSTSCRIPT.—What goes from my Lord of St Andrews directed to me, I

beseech your Grace to open and read for your own use.

Hamilton, Nov. 20. 1638.

* * * * *

1638.—November 21.

89. _Letter from the King to Hamilton._[114]

HAMILTON,

This is rather to give the reason of My Answer than the Answer it self,

(you being to receive it at large by My Lord of Canterbury.) The truth

is, that the same reason which made me blot out the whole Sentence

before, hath made me desire to alter a word now; to wit, that I should

not be thought to desire the abolishing of that in Scotland, which I

approve and maintain in England, namely, the Five Articles of Perth:

now the word content expresses enough my consent to have them surcease

for the present; but the word pleased, methinks, imports as much as if

I desired them to take them away, or, at least, were well pleased that

they should doe so. But I leave it to your ordering, so that you make

it be clearly understood, that though I permit, yet I would be better

pleased if they would let them alone; and so I rest,

Your assured constant Friend,

CHARLES R.

Whitehall, 21ᵗʰ of

Novemb. 1638.

* * * * *

1638.—November 21.

90, 91. _Letters from the King to Hamilton._[115]

HAMILTON,

This is rather to shew you, that I do not forget you nor your pains,

than for any Answer that your last Leter needs, it being more of

Accounts than Demands. Onely I shall tell you, that you needed not to

have made an Excuse for asking the Ten Thousand pounds Sterling; for I

know that there is but too much use for it, and the more I consider it,

I find you have the more reason: therefore I assure you that what may

be done shall be done in this, and with what speed is possible; and so

I rest

Your assured constant Friend,

CHARLES R.

Whitehall,

21 Nov. 1638.

* * * * *

HAMILTON,

I have heard this day that the Dean of Durham is dead, for the

disposing of which Place, though I may have many Suiters, and (which is

more) though heretofore I have had divers Intentions upon the disposing

of that Place, for the better accommodating of my Service, the reason

of which is now as forcible as ever; yet I have thought fit not to

dispose of it till I might (if your stay be not longer than I expect)

speak with you: and to shew you that I am not unmindful of the daily

pains that at this time Balcanqual takes in my Service, I would let

you see the case before I dispose of it, and have your Opinion, if he

might not stay a little longer for another nearer my eye, and yet not

dishearten him, when it may accommodate my Service another way; and so

I rest

Your assured constant Friend,

CHARLES R.

* * * * *

1638.—November 21.

92, 93. _Speech of Commissioner to the Assembly, and the King’s offers

to it._[116]

MY LORDS and the rest of this REVEREND ASSEMBLY,

The making of long Harangues is not suitable either with my Education

or Profession, much less with this Time, which now after so much

talking ought to be a time of Action.

I pray God that as a great (and I hope the worst) part of mens Spirits

have been evaporated into bitter and invective Speeches, so the best

and last part of them may be reserved for Deeds, and these answerable

to the Professions which have been made on all sides when this great

Assembly should come.

For the Professions which have been made by Our Sacred Soveraign (whom

God long preserve to reign over us) I am come hither by His command to

make them good to His whole People, whom to His grief He hath found to

have been poysoned (by whom I know not well, but God forgive them) with

misconceits of His Intentions, concerning the Religion professed in

this Church and Kingdom. But to rectifie all such Misconceptions of His

Subjects, his Majesties desire is, that before this Assembly proceed to

anything else, His Subjects may receive ample and clear satisfaction

in these Points, wherein His Majesties gracious Intentions have been

misdoubted, or glanced at, by the malevolent Aspects of such as are

afraid that His Majesties good Subjects should see His clear mind

through any other Glasses or Spectacles, than those they hare tempered

and fitted for them.

Those sinistrous Aspersions, dispersed by surmizes, have been

especially two; first, as if there had been in His Majesty, if not

some Intention, yet at least some inclination, to give way, if not to

Alterations, yet to some Innovations in the Religion professed in, and

established by the Laws of this Church and Kingdom.

I am confident that no man can harbour or retain any such thought in

his breast any more, when His Majesty hath commanded that Confession

of Faith, (which you call the Negative) to be subscribed by all His

Subjects whatsoever, and hath been Graciously pleased to put the

Execution of this His Royal Command in your own hands.

The next false, and indeed foul and devilish Surmize, wherewith His

good Subjects have been misled, is, that nothing promised in His

Majesties last most Gracious Proclamation, (though most ungraciously

received) was ever intended to be performed, nay, not the Assembly it

self: but that only Time was to be gained, till His Majesty by Arms

might oppress this His Own Native Kingdom; than which Report Hell it

self could not have raised a blacker and falser.

For that part which concerneth the Report of the Intention of not

holding the Assembly, this Day and Place, as was first promised and

proclaimed, (thanks be to God,) confuteth that Calumny abundantly;

for the other of making good what His Majesty did promise in His last

Gracious Proclamation, His Majesty hath commanded me thus to express

His Heart to all His good Subjects.

He hath seriously considered all the Grievances of His Subjects, which

have been presented to Him, by all and several of their Petitions,

Remonstrances, and Supplications, exhibited unto Himself, His

Commissioner, and Lords of His Secret Council, and hath graciously

granted them all; and as He hath already granted as far as could be by

Proclamation; so he doth now desire, that His Subjects may be assured

of them by Acts of this General Assembly, and afterwards by Acts of

Parliament respective.

And therefore he not onely desires, but commands, that all the

Particulars he hath promised be first gone in hand with in this

Assembly, and enacted, and then afterwards what His Subjects shall

desire being found reasonable may be next thought upon, that so it may

be known to God and the whole World, and particularly to all His good

Subjects, how careful His Majesty is to discharge himself of all his

Gracious Promises made to them; hoping that when you shall see how

Royally, Graciously, and Faithfully His Majesty hath dealt with you,

and all his Subjects, you will likewise correspond in loyal and dutiful

Obedience, in chearful but calm and peaceable Proceeding, in all other

business to be treated of in this Assembly: and because there shall be

no mistake, I shall now repeat the Particulars, that you may see they

are the same which were promised by His Majesties first Proclamation.

* * * * *

CHARLES R.

The Kings Majesty being informed, that many of His good Subjects have

apprehended, that by the introduction of the Service-book and Book of

Canons, the in-bringing of Popery and Superstition hath been intended,

is Graciously pleased to discharge the said Books, and to annul all

Acts made for establishing thereof; and for His good People their

further satisfaction, is Graciously pleased to declare by me, that no

other in that kind shall hereafter be introduced, but in a fair and

legal way of Assembly, allowed by Act of Parliament, and the Laws of

this Kingdom.

The Kings Majesty, as he conceived for the ease and benefit of the

Subjects, established the High Commission, that thereby Justice might

be administred, and the Faults and Errours of such persons as are

made liable thereto taken order with, and punished with the more

convenience, and less trouble to the People: but finding His Gracious

Intentions to be herein mistaken, hath been pleased, likeas he is

Graciously content, that the same be discharged, with all Acts and

Deeds made for the establishing thereof, and is pleased to declare by

me, that that Court or Judicatory, nor no other of that nature, shall

be brought in hereafter, but in that way allowed by the Laws of this

Kingdom.

And the Kings Majesty being informed, that the urging of the five

Articles of Perth’s Assembly hath bred Distraction in the Church

and State, hath been Graciously pleased to take the same into His

consideration, and for the quiet and peace of Church and State, doth

not onely dispense with the practice of the said Articles, but also

discharges, and by these hath discharged, all and whatsoever Persons

from urging the practice thereof, upon either Laick or Ecclesiastic

person whatsoever: and doth hereby free all His Subjects from all

Censure and Pain, whether Ecclesiastical or Secular, for not urging,

practising, or obeying them, or any of them, notwithstanding any

thing contained in the Acts of Parliament or General Assembly, to the

contrary.

And because it is pretended, that Oaths have been administred to

Ministers at their entry, contrary and differing from that which is

set down in the Acts of Parliament, His Majesty is pleased to declare

and ordaine, that no other Oath shall be required of any Minister

at his entry than that which is expressly set down in the Acts of

Parliament; and this He is content be considered of in the Assembly, to

be represented to the Estates of Parliament, and enacted as they shall

find expedient.

And that it may appear how careful His Majesty is that no Corruption

or Innovation shall creep into this Church, neither any scandal, vice,

or fault of any person whatsoever censurable or punishable by the

Assembly, go unpunished, it is his Majesties Pleasure, likeas by these

His Majesty does assure all His good People, that hereafter General

Assemblies shall be kept as oft as the Affairs of this Kirk shall

require: and to this purpose, because it is probable that some things

necessary for the present Estate and Good of this Church may be left

unperfected at this present Assembly, We do by these indict another

Assembly to be holden at __________. And that none of Our Subjects

may have cause of Grievance against the Procedure of Prelats, Our

Pleasure is, that all and every one of the present Bishops, and their

Successours, shall be answerable, and accordingly from time to time

censurable according to their Merits by the Assembly, which His Majesty

is likewise pleased be enacted in this present Assembly, and thereafter

ratified in Parliament.

And to give all His Majesties good People good assurance that he

never intended to admit any Alteration or Change in the true Religion

professed within this Kingdom, and that they may be truly and fully

satisfied of the Reality of His Intentions towards the maintainance of

the Truth and Integrity of the same, His Majesty hath been pleased to

require and command all His good Subjects to subscribe the Confession

of Faith, subscribed by His dear Father in Anno 1580. and for that

effect hath ordained the Lords of His Privy Council to take some speedy

course whereby the same may be done through the whole Kingdom; which

His Majesty requires likewise all those of this present Assembly to

sign, and all others His Subjects, who have not done it already: and

it is His Majesties Will, that this be inserted and registred in the

Books of this Assembly, as a Testimony to Posterity, not onely of the

sincerity of His Intentions to the said true Religion, but also of His

Resolution to maintain and defend the same and His Subjects in the

professing thereof.

C. R.

1638.—November 21.

94. _List of Members of the General Assembly at Glasgow, which met this

day._[117]

* * * * *

_Commissioner for the Kings Majestie_,

JAMES MARQUES OF HAMILTOUN.

_Commissioners from the Presbyteries of Scotland, both of the

Ministrie, and of the ruling Elders, and of Burgesses, as they are

within the Presbyteries._

_Presbyterie of Dunce._

Maister Alexander Carse minister at Polwart.

M. Iohn Hume Min. at Eccles.

M. Thomas Suintoun min, at Saint Bathanes.

Sir David Hume of Wederburne Knight, Elder.

_Presb. of Chirnside._

M. George Roul minister at Mordingtoun.

M. Thomas Ramsay min. at Foldoun.

M. Walter Swintoun min. at Swintoun.

Iames Earle of Home, Elder.

_Presb. of Kelso._

M. Richard Sympson min. at Sproustoun.

M. William Penman min. at Morbattle.

Andrew Ker of Lintoun, Elder.

_Presb. of Iedburgh._

M. Robert Brounley min. at Kirktoun.

M. Iames Wilkie minister at Creling.

M. Robert Cunninghame min. at Hawick.

Sir William Dowglas of Cavers, Elder.

Robert Simpson, burgesse of Iedburgh.

_Presb. of Erstiltoun._

M. Iohn Matland min. at Glenkirk.

M. Harie Cockburne min. at Gingilkirk.

Iohn Lord Cranstoun, Elder.

M. Alexander Hume, bailie, burgesse of Lawder.

_Presb. of Melrosse or Selkirke._

M. William Iameson min. at Langnewtoun.

M. Robert Martin min. at the new kirk of Ettrick.

M. Iohn Knox min. at Bowdoun.

Sir Iohn Ker of Cavers, Elder.

_Presb. of Dumbar._

M. Patrick Hammiltoun min. at Innerweek.

M. Iohn Lawder min. at Tuninghame.

M. Iohn Dalyel min. at Prestoun Kirk.

Sir Patrick Hepburn of Waghtoun Knight, Elder.

George Purves, burgesse of Dumbarre.

M. Patrick Hume, burgesse of North-berwick.

_Presb. of Hadingtoun._

M. Iohn Ker minister at Salt-prestoun.

M. Iames Fleeming minister at Bathans.

M. Iohn Oswald minister at Pencaitland.

Iohn Lord Hay of Yester, Elder.

M. George Gray, common clerk, burgesse of Hadingtoun.

_Presb. of Dalkeith._

M. Iames Porteous minister at Lesswade.

M. Iames Robertson minister at Cranstoun.

M. Olivhar Colt minister at Inneresk.

William Earle of Louthian, Elder.

_Presb. of Edinburgh._

M. Andrew Ramsay minister in Edinburgh.

M. Harie Rollock minister in Edinburgh.

M. William Colvin minister at Cramond.

Iohn Lord of Balmerino, Elder.

Iames Cochran, Dean of Guild in Edinburgh.

Thomas Paterson, burgesse of Edinburgh.

M. Iohn Adamson, Principall of the University of Edinburgh.

_Presb. of Linlithgow._

M. Richard Dickson minister at Kinneill.

M. Andrew Keir minister at Carriden.

M. Iames Symson minister at Bathgate.

George Dundas of that ilk, Elder.

Iames Glen, Provest of Linlithgow.

_Presb. of Sterling._

M. Iames Edmistoun minister at Saint Ninians.

M. William Iustice minister at Gargunnock.

M. Edward Wright minister at Clackmannan.

Sir William Murray of Toughadame, Elder.

Thomas Bruce, Provest of Sterling.

_Presb. of Peebles._

M. Iohn Bennet minister at Kirkurde.

M. Robert Levingstoun min. at Skirling.

M. Hew Ker minister at Traquare.

Iames Williamson, Provest of Peebles.

_Presb. of Middlebie._

M. Simeon Iohnstoun minister at Annan.

M. Iohn Hammiltoun minister at Wasterkirk.

Iames Lord Iohnstoun, Elder.

_Presb. of Lochmaban._

M. Robert Henderson minister at Lochmaban.

M. David Roger minister at Tundergarth.

Iames Dowglasse of Moussewald, Elder.

_Presb. of Penpont._

M. George Cleland minister at Durisdier.

M. Samuell Austine minister at Penpont.

William Ferguson of Craigdarroch, Elder.

_Presb. of Dumfreis._

M. Iames Hammiltoun minister at Dumfreis.

M. William Makjore minister at Carlaverock.

M. Alexander Tran minister at Lochroytoun.

Iohn Charteris younger of Amesfield, Elder.

Iohn Irving, late Provest of Dumfreis.

_Presb. of Kirkcubright._

M. Samuell Rutherford minister at Anweth.

M. William Dalglish minister at Kirkmabreck.

M. Iohn Makleland minister at Kirkcubright.

Alexander Gordoun of Earlstoun, Elder.

William Glendinning, Provest of Kirkcubright.

Robert Gordoun of Knokbrex, burgesse of New-Galloway.

_Presb. of Wigtoun._

M. Andrew Anderson minister at Kirkinner. M. Andrew Lawder minister at

Whithorne. Andrew Agnew of Lochnaw, Elder. Alexander Makghie, burgesse

of Wigtoun.

_Presb. of Stranrawer._

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