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.