And now since his Grace after the presenting and reading of his owne

commission from our sacred Soveraigne, and after his seeing all our

commissions from Presbyteries and Burghes produced and examined, and

the Assembly constitute of all the members by unanimous consent, doth

now to our greater griefe, without any just cause or occasion offered

by us, unexpectedly depart and discharge any further meeting, or

proceeding in this assemblie, under the paine of treason: and after

seven dayes sitting, declare all Acts made, or hereafter to be made

in this Assemblie, to be of no force nor strength; and that for such

causes as are either expressed in his Maiesties former proclamations,

(and so are answered in our former protestations) or set downe in

the declinatour and protestation presented in name of the Prelats,

(which are fully cleared in our answer made thereto) or else were long

since proponed by the Commissioner his Grace in his eleven articles

or demands sent unto us, before the indiction of the Assembly (and

so were satisfied by our answers, which his Grace acknowledged, by

promising after the recept thereof to procure a free generall Assembly,

with power to determine upon all questions, anent the members, manner,

and matters thereof) all which for avoiding tediousnesse we cease to

repeat: Or otherwise the said causes alleadged by the Commissioner,

were proponed by His Grace, in the Assemblie; such as first, that the

Assemblie refused to reade the Declinatour and Protestation exhibited

by the Prelats, which neverthelesse was publickly read and considered

by the assemblie, immediately after the election of a Moderatour and

constitution of the Members, before the which, there was no assemblie

established, to whom the same could have been read: Next, that ruling

Elders were permitted to have voice in the election of commissioners

from Presbyteries, which was knowne to His Grace, before the indiction

and meeting of the assembly, and is so agreeable to the acts and

practice of this Church, inviolably observed before the late times of

corruption, that not one of the assembly doubted thereof, to whom by

the indiction and promise of a free assembly, the determination of that

question, anent the members constituent propertie belonged.

And last, that the voices of the six Assessors, who did sit with His

Grace, were not asked and numbered, which we could not conceive to be

any just cause of offence, since after 39. Nationall assemblies of

this reformed church, where neither the Kings Majestie, nor any in his

name was present, at the humble and earnest desire of the assembly,

His Majestie graciously vouchsafed His presence either in His owne

Royall Person, or by a Commissioner, not for voting or multiplying of

voices, but as Princes and Emperours of old, in a Princely manner to

countenance that meeting, and to preside in it for externall order; and

if Wee had been honoured with His Majesties Personall presence, His

Majestie (according to the practice of King James of blessed memorie)

would have onely given his owne Judgement in voting of matters, and

would not have called others who had not been clothed with commission

from the church to carry things by pluralitie of voices.

Therefore in conscience of our duty to God and his truth, the King and

his honour, the Church and her liberties, this Kingdome and her peace,

this Assemblie and her freedome, to our selves and our safety, to our

Posterity, Persons and Estates, We professe with sorrowfull and heavie,

but loyall hearts, That We cannot dissolve this Assemblie, for the

reasons following.

1. For the reasons already printed anent the necessity of conveening

a Generall Assemblie, which are now more strong in this case, seeing

the Assemblie was already indicted by his Majesties authority, did

conveene, and is fully constitute in all the members thereof, according

to the Word of God, and discipline of this church, in the presence and

audience of his Majesties Commissioner; who hath really acknowledged

the same, by assisting therein seven dayes, and exhibition of His

Majesties Royall Declaration, to be registrate in the Bookes of this

Assemblie, which accordingly is done.

2. For the reasons contained in the former Protestations made in name

of the Noblemen, Barons, Burgesses, Ministers, and Commons, whereunto

We doe now iudicially adhere, as also unto the Confession of Faith &

covenant, subscribed and sworn by the Body of this Kingdome.

3. Because as We are obliged by the application and explication

subioyned necessarily to the Confession of Faith subscribed by Vs;

so the Kings Majestie, and his Commissioner, and Privie Councell,

have urged many of this Kingdome to subscribe the Confession of Faith

made in an. 1580. and 1590. and so to returne to the doctrine and

discipline of this Church, as it was then professed: But it is cleare

by the doctrine and discipline of this Church, contained in the book of

Policie then registrate in the books of Assemblie, & subscribed by the

Presbyteries of this Church; That it was most unlawfull in it selfe,

and preiudiciall to these privileges which Christ in his Word hath left

to his Church, to dissolve or breake up the Assemblie of this Church,

or to stop and stay their proceedings in constitution of Acts for the

welfare of the Church, or execution of discipline against offenders;

and so to make it appeare, that Religion and Church government should

depend absolutely upon the pleasure of the Prince.

4. Because there is no ground of pretence either by Act of Assemblie,

or Parliament, or any preceding practice, whereby the Kings Maiestie

may lawfully dissolve the Generall Assemblie of the Church of Scotland,

far lesse His Maiesties Commissioner, who by his commission hath

power to indict and keep it, _secundum legem & praxim_: But upon

the contrarie, His Majesties prerogative Royall, is declared by Act

of Parliament, to be no wayes preiudiciall to the priviledges and

liberties, which God hath granted to the spirituall office-bearers,

and meetings of this Church; which are most frequently ratified in

Parliaments, and especially in the last Parliament holden by His

Maiestie himself: which priviledges and liberties of the Church, his

Maiestie will never diminish or infringe, being bound to maintain the

same in integritie by solemn oath given at his Royal Coronation in this

Kingdome.

5. The Assemblies of this Church have still inioyed this freedome of

uninterrupted sitting, without or notwithstanding any contramand, as

is evident by all the Records thereof; and in speciall by the generall

Assembly holden in anno 1582. which being charged with letters of

Horning by the Kings Majestie his Commissioner and Councell, to stay

their processe against Master Robert Montgomerie, pretended Bishop

of Glasgow, or otherwise to dissolve and rise, did notwithstanding

shew their liberty and freedome, by continuing and sitting still, and

without any stay, going on in that processe against the said Master

Robert, to the finall end thereof: And thereafter by letter to his

Maiesty, did shew clearly, how far his Maiesty had been uninformed, and

upon misinformation, preiudged the prerogative of Jesus Christ, and the

liberties of this Church, and did inact and ordain, that none should

procure any such warrant or charge under the pain of excommunication.

6. Because now to dissolve, after so many supplications and complaints,

after so many reiterated promises, after our long attendance and

expectation, after so many references of processes from Presbyteries,

after the publick indiction of the Assembly, and the solemn Fast

appointed for the same, after frequent Convention, formall constitution

of the Assembly in all the members thereof, and seven dayes sitting,

were by this act to offend God, contemne the Subjects petitions,

deceive many of their conceived hopes of redresse of the calamities

of the Church and Kingdome, multiply the combustions of this Church,

and make every man despair hereafter ever to see Religion established,

Innovations removed, the Subiects complaint respected, or the

offenders punished with consent of authority, and so by casting the

Church loose and desolate, would abandon both to ruine.

7. It is most necessary to continue this Assembly for preveening the

prejudices which may ensue upon the pretence of two Covenants, whereas

indeed there is but one, That first subscribed in 1580. and 1590. being

a Nationall covenant and oath to God; which is lately renewed by Vs,

with that necessary explanation, which the corruptions introduced since

that time contrary to the same, inforced: which is also acknowledged

by the Act of councell in September last, declaring the same to be

subscribed, as it was meaned the time of the first subscription; And

therefore for removing that shame, and all prejudices which may follow

upon the show of two different covenants & confessions of Faith in

one Nation, The Assemblie cannot dissolve, before it trie, finde and

determine, that both these covenants, are but one and the self same

covenant: The latter renewed by us, agreeing to the true genuine sense

and meaning of the first, as it was subscribed in Anno 1580.

For these and many other reasons, We the Members of this assemblie,

in our owne name, and in the name of the Kirk of Scotland, whom We

represent; and We Noblemen, Barons, Gentlemen, Ministers, Burgesses,

and Commons before mentioned, doe solemnly declare in the presence of

the everliving God, and before all men; And protest,

1. That our thoughts are not guilty of anything which is not incumbent

to us, as good Christians towards God, and loyall Subjects towards our

sacred Soveraigne.

2. That all the Protestations generall or particular, proponed or to

be proponed by the commissioner his Grace, or the Prelats and their

adherents, may be presently discussed before this generall Assemblie,

being the highest Ecclesiasticall judicatorie of this Kingdome: and

that his Grace depart not till the same be done.

3. That the Lord commissioner depart not, till this Assemblie doe fully

settle the solide peace of this church, cognoscing and examining the

corruptions introduced upon the doctrine and discipline thereof: and

for attaining hereof, and removing all just exceptions which may be

taken at our proceedings, we attest GOD the searcher of all hearts,

that our intentions, and whole proceedings in this present assemblie,

have beene, are, and shall be according to the word of GOD, the

lawes and constitutions of this church, the confession of faith; our

nationall oath, and that measure of light, which GOD the father of

light shall grant us, and that in the sincerity of our hearts, without

any preoccupation or passion.

4. That if the Commissioner his Grace depart, and leave this church and

kingdome in this present disorder, and discharge this assemblie, that

it is both lawfull and necessary for Vs to sit still and continue in

keeping this present Assemblie, indicted by His Majestie, till we have

tryed, judged, censured all the bygone evils, and the introductors,

and provided a solide course for continuing Gods truth in this land

with purity and liberty, according to his Word, our oath and Confession

of Faith, and the lawfull constitutions of this Church; and that with

the grace of God, We and every one of Vs adhering hereunto, shall sit

still and continue in this Assembly, till after the finall setling and

conclusion of all matters, it be dissolved by common consent of all the

members thereof.

5. That this Assemblie is and should be esteemed and obeyed, as a

most lawfull, full and free generall Assembly of this Kingdome: And

that all acts, sentences, constitutions, censures and proceedings

of this Assemblie, are in the selfe, and should be reputed, obeyed,

and observed by all the Subjects of this Kingdome and members of

this Church, as the actions, sentences, constitutions, censures, and

proceedings of a full and free generall assembly of this Church of

Scotland, and to have all ready execution, under the Ecclesiasticall

paines contained, or to bee contained therein, and conforme thereto in

all points.

6. That whatsoever inconvenience fall out, by impeding, molesting, or

staying the free meeting, sitting, reasoning, or concluding of this

present assembly, in matters belonging to their judicatorie, by the

word of God, lawes and practice of this Church, and the Confession

of Faith, or in the observing and obeying the acts, ordinances and

conclusions thereof, or execution to follow thereupon, That the same

be not imputed unto us, or any of us, who most ardently desired the

concurrence of his Majesties Commissioner to this lawfull assembly;

But upon the contrary, that the Prelats and their adherents, who

have protested and declined this present assemblie, in conscience of

their owne guiltinesse, not daring to abide any legall tryall, and by

their misinformation have moved the Commissioner his Grace to depart

and discharge this assemblie, be esteemed, repute, and holden the

disturbers of the peace, and overthrowers of the liberties of the

Church, and guiltie of all the evils which shall follow hereupon, and

condignely censured according to the greatnesse of their fault, and

Acts of the Church and Realme: And to this end, Wee againe and again

doe by these presents cite and summon them, and everie one of them,

to compeere before this present generall assembly, to answer to the

premises, and to give in their reasons, defences, and answers against

the complaints given in, or to bee given in against them, and to heare

probation led, and sentence pronounced against them, and conforme to

our former cytations, and according to Iustice, with certification as

effeirs; Like as by these presents We summon and cyte all those of

his Majesties Councell, or any other, who have procured, consented,

subscribed, or ratified this present Proclamation to be responsable to

his Majesty and three Estates of Parliament, for their counsell given

in this matter, so highly importing his Majestie, and the whole Realme,

conforme to the 12. act. King James 4. Parliament 2. And protest for

remedy of law against them, and every one of them.

7. And lastly wee protest, that as we adhere to the former

protestations all and every one of them, made in the name of the

Noblemen, Barons, Gentlemen, Ministers, Burghes, and Commons; So seeing

wee are surprised by the Commissioner his Graces sudden departing,

farre contrary to his Majesties indiction, and our expectation, we

may extend this our protestation, and adde more reasons thereunto in

greater length and number, whereby wee may fully cleare before God and

man the equitie of our intentions, and lawfulnesse of our proceedings:

And upon the whole premises the foresaid persons for themselves and in

name aforesaid, asked Instruments. This was done in the high Church of

Glasgow in publike audience of the Assembly, begunne in presence of the

Commissioner his Grace, who removed and refused to heare the same to

the end, the twenty eighth day of November: and upon the Mercate Crosse

of Glasgow, the twentie ninth day of the said Moneth, the yeere of GOD

1638. respective.

1638.—November 30.

102. _Letter from Traquair to Hamilton._[130]

Falkirk, Nov. 30th.

I could not find the Earl of Argyle yesterday at his own house; and

being unwilling to go from Glasgow before I saw him, I came to the Lord

Boyde’s lodging, where I was told he was, with the Lord Loudon and some

others. He resolves to stay still in Glasgow, some time at least; and

during his abode there, will haunt the assembly, and be careful to make

them go on in such a way as shall be justifiable.

The Service-book will be condemned in general, as repugnant to the

tenets of this church; episcopal government, as not agreeable to the

government thereof; and presently all the bishops of this kingdom are

condemned, and presently excommunicate.

The Lord Loudoun acknowledges one of the papers, your Grace produced

in the assembly, but the certificate refused; the same was required

of me, which at the kirk-yard entry I acknowledged and declared to be

such as became an honest man; for truly, if I should say otherwise, I

should deny truth and my own judgment. And if I should subscribe any

covenant or confession, which, in my judgment, excluded episcopacy or

episcopal government, I behoved to subscribe against the light of my

own conscience; and this I declared publicly, as I shall do while I

breathe.

This morning the Lairds Carberry, Nidrie, and Colintone, with John

Smith of Edinburgh, parted from this, about four in the morning, to

attend my coming to Edinburgh, for protesting against the proclamation;

which they expect at the cross of Edinburgh.

As your Grace shall be pleased to honour me with any of your

commandments, I shall not be wanting with the uttermost of my power;

and without consideration either of life or fortune, shall witness

myself to be

Your, &c.

TRAQUAIR.

* * * * *

1638.—December 3.

103. _Letter from the Archbishop of Canterbury (Laud) to Hamilton._[131]

MY VERY GOOD LORD,

I received your Lordships Letters of Novemb. 27ᵗʰ, they came safe to

me on Decemb. 2ᵈ, after 8 at night. I was glad to see them short; but

their shortness is abundantly supplied by the length of two Letters,

one from the Lord Ross, and the other from the Dean. They have between

them made their word good to your Lordship, for they have sent me all

the passages from the beginning of the Assembly to the time of the Date

of their Letters: and this I will be bold to say, never were there more

gross absurdities, nor half so many, in so short a time, committed in

any Publick Meeting; and for a Nationall Assembly never did the Church

of Christ see the like.

Besides His Majesties Service in general, that Church is much beholding

to you, and so are the Bishops in their Persons and Callings: and

heartily sorry I am, that the People are so beyond your expression

furious, that you think it fit to send the two Bishops from Glasgow

to Hamilton; and much more that you should doubt your own safety. My

Lord, God bless your Grace with Life and Health to see this Business

at a good end, for certainly, as I see the face of things now, there

will very much depend upon it, and more than I think fit to express in

Letters; nay perhaps, more than I can well express if I would.

I am as sorry as your Grace can be that the Kings Preparations can make

no more haste. I hope you think (for truth it is) I have called upon

His Majesty, and by His Command upon some others, to hasten all that

may be, and more than this I cannot doe; but I am glad to read in your

Letters that you have written at length to His Majesty, that you may

receive from himself a punctual Answer to all necessary particulars:

and I am presently going to him to persuade him to write largely to

you, that you may not be in the dark for any thing.

But (my Lord) to meet with it again in your Letters, that you cannot

tell whether this may be your Last Letter, and that therefore you have

disclosed the very thoughts of your Heart, doth mightily trouble me:

but I trust in God, he will preserve you, and by your great Patience,

Wisdom, and Industry, set His Majesties Affairs (to your great Honour)

in a right posture once again; which if I might live to see, I would be

glad to sing my _Nunc dimittis_.

I pray (my Lord) accept my thanks for the poor Clergie there, and

particularly for the Bishop of Ross, who protests himself most

infinitely obliged to you.

I heartily pray your Lordship to thank both the Bishop of Ross and the

Dean for their kind Letters, and the full account they have given me;

but there is no particular that requires an Answer in either of them,

saving that I find in the Deans Letter, that Mr Alex. Henderson, who

went all this while for a quiet and calm-spirited man, hath shewed

himself a most violent and passionate man, and a Moderator without

Moderation. Truly (my Lord) never did I see any man of that humour yet,

but he was deep-dyed in some violence or other, and it would have been

a wonder to me if Henderson had held free. Good my Lord, since you are

good in the active part, in the commixture of Wisdom and Patience,

hold it out till the People may see the Violence and Injustice of them

that would be their Leaders, and suffer not a Rupture till there be no

Remedy. God bless you in all your ways, which is the daily prayer of

Your Lordships most faithful Friend,

and humble Servant,

W. CANT.

Lambeth, 3 Decemb. 1638.

* * * * *

1638.—December 7.

104. _Letter from the King to Hamilton._[132]

HAMILTON,

I never expected other than that you would have too just grounds to

dissolve this Assembly; and certainly I were very unjust if I did not

approve you therein, since not onely your Instructions warrant you the

same, but even the Council hath testified to me the Necessity of it.

And now I shall lay before you some Considerations; in the first place

to take care, that your coming away do not cast things so loose, that

the honest men of my Party do believe that you leave them as in a case

desperate, or at least, that by your Absence they be denuded of Advice

and Protection: therefore I hope before you come up you will take so

good order, that your Absence do neither dishearten, nor prejudice

my Party. As for my Preparations, I doubt not but ere this you have

had a full account by your Cousin Sir James, whereby you find that

I shall not be able to shew my self like my self before February or

March; wherefore I lay it to your Consideration, whether it were not

fit to give hopes that the Parliament shall hold, (notwithstanding all

the impertinencies of this last Assembly) so that their Follies break

not out into open Acts of Rebellious Violences: and really I will not

say, but (that things may be so prepared) it may be fitting that it

should hold. To conclude, I hope you do not conceive, that the Date

of your Commissionership is out; wherefore I expect that (if you find

cause) you send out Commissions of Lieutenantries to Huntley for the

North, and to Traquair or Roxburgh, either joyntly or severally, (as

you shall find most fit) for the South: yet all as subaltern to you.

This I confess is not to be done but upon great necessity, of which I

leave you (as upon the place) to be Judge, (being abundantly satisfied

of your zeal and dexterity to serve me) as I do of all that I have now

written: and so I rest

Your assured constant Friend,

CHARLES R.

Whitehall,

7 Dec. 1638.

* * * * *

1638.—December 7.

105. _Letter from the Archbishop of Canterbury to Hamilton._[133]

MY VERY GOOD LORD,

I received your Letters of the second of December upon the sixth of the

same at night, and could not speak with His Majesty till this day. This

day I did, and shewed him your Letters and the Deans; and I read to him

more than the later half of all the long Discourse which the Dean wrote

unto me, for his Majesty was very desirous to know what occasion you

took to dissolve the Synod, and how you prosecuted it; in both which

that Paper gave him great satisfaction.

With your Letters I have received three other Papers, that which shews

you have keeped within your Instructions, the Copy of the Proclamation

which dissolves the Assembly, and a Copy of the Councils Letter to the

King; both which His Majesty takes to be very good Service done for

him, and commands me to give your Grace thanks in his Name, which I am

very glad to doe, and I doe it heartily.

For the Earl of Argyle I can say no more than I have already, though

now I know him more perfectly than I did. Your Resolution was to put

him from the Council-Table, if he refused the Kings Covenant; he hath

now deserved it more, but whether it be a fit time as yet to proceed

so far, I dare not determine here. This I am sure of, if he do now

publickly adhere to the Covenant and the Assembly, nay be the professed

Head of the Covenant, (as the Dean calls him,) yet he will have much

ado to look right upon that, who ever looked asquint upon the Kings

business.

Concerning your coming up to Court, I am glad I find His Majesty in

that Opinion which I cannot chuse but be of, that is, to leave it to

your self, and your own Judgment upon the place, whether it be fitter

for you to come or stay: for the truth is, my Lord, in my poor Judgment

the King must needs leave this to your self, or discern himself; for

if he bids you come, you will not stay; and if he would have you stay,

you will not come: but whether it be fittest to come or stay cannot

be prudently judged here, therefore (my Lord) doe that which shall be

best approved there for His Majesties Service. And as much as I desire

to see you, I will be bold to adde this, that I hope you will not stir

to come thence, till you have so settled the Country, or at least the

Kings Party there, as that you may be sure they may be safe, till

farther course for Security may be taken: for I do not know how much it

may dishearten them if your Grace come away from them too soon.

In tender care of His Majesties both Safety and Honour, I have done and

do daily call upon him for his Preparations. He protests he makes all

the haste he can, and I believe him; but the jealousies of giving the

Covenanters umbrage too soon, have made Preparations here so late. I

doe all I can here with trouble and sorrow enough.

Here is News that three Ships-full more of Arms are come to Leith from

Poland; whence have they money to buy all this? If this be true, the

King of Poland hath watched a shrewd opportunity to quit the King for

the late neglect of his Ambassadour. And that which troubles me not a

little is, that the Kings Party there (I doubt) is not half so well

provided of Arms as the Covenanters are.

For the Money you mention, I wish with all my heart you had received

it, for at the rising of the Assembly most miserable will be the

Condition of them who have faithfully served God and the King. I have

now again put it to the King, and he sees enough, but cannot well tell

how to help it; yet this he said, If he could possibly scrape so much

together, it should be had.

Records of the Kirk of Scotland containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly. · 第 32 / 186 段