nor do intend any Alteration in Religion and Laws, but that both shall
be maintained by Us in their full Integrity, We expect the Performance
of that humble and dutiful Obedience, which becometh loyal and dutiful
Subjects, and as in their several Petitions they have often professed.
And as We have Just Reason to believe, that to Our peaceable and
well-affected Subjects this will be satisfactory; so We take God and
the World to witness, that whatsoever Calamities shall ensue by Our
necessitated suppressing of the Insolencies of such as shall continue
in their Disobedient Courses, is not occasioned by Us, but by their own
procurement.
* * * * *
[After this the following Articles were signed:]
I. The Forces of Scotland to be disbanded and dissolved within
eight-and-fourty hours, after the publication of His Majesties
Declaration being agreed upon.
II. His Majesties Castles, Forts, Ammunition of all sorts, and Royal
Honours, to be delivered after the Publication, so soon as His Majesty
can send to receive them.
III. His Majesties Ships to depart presently after the delivery of
the Castles, with the first fair Wind, and, in the mean time, no
interruption of Trade or Fishing.
IV. His Majesty is Graciously pleased to cause to restore all Persons,
Goods, and Ships, detained and arrested since the first of November
last.
V. There shall be no Meetings, Treatings, Consultations, or
Convocations of His Majesties Lieges, but such as are warrantable by
Act of Parliament.
VI. All Fortifications to desist, and no further Work therein, and they
to be remitted to His Majesties Pleasure.
VII. To restore to every one of His Majesties Subjects their Liberties,
Lands, Houses, Goods, and Means whatsoever, taken and detained from
them, by whatsoever Means, since the aforesaid time.
* * * * *
[Next, the Commissioners signed the following Note:[218]]
In the Campe, 18 Junii 1639.
In obedience to His Majesties Royal Command, we shall, upon Thursday
next, the 20th of this June, dismisse our Forces, and immediatelie
thereafter deliver His Majesties Castles, and shall ever, in all
thinges, carry ourselves like Humble, Loyal, and Obedient Subjects.
Rothes,
Dumfermline,
Lowden,
W. Douglas,
Al. Henderson,
Arch. Johnstown.
* * * * *
1639.—June.
56. _The Scottish Armies Declaration concerning the Acceptation of the
Kings Majesties Answers._[219]
Least his Majesties Declaration, of the date Junii 18, concerning ane
answer to our humble desire, presented by our Commissioners, should
either be mistaken by our well-affected, or wilfullie misconstrued
by the malitious, whereby his Majesties justice and goodnes may be
concealled, or his Majesties good subjects may appear to have done or
admitted any poynt contrare to our oath of Covenant; the Generall,
Noblemen, Barrons, Burgesses, Ministers, and Officers conveined before
the dissolving of the Army, have thought it necessary to put in write
what was related to them by their Commissioners from his Majestie—To
witt, That, as his Majestie declared that he would not acknowledge nor
approve of the late Generall Assembly holden at Glasgow, for which
cause it is called in his Majesties Declaration “a pretendit Assembly;”
so was it not his Majesties mynd that any of the Petitioners, by their
acceptance of the said Declaration, should be thought to disapprove or
parte from the samen, or condemne their owne proceedings as disorders
and disobedient courses; and, therefore, as they doe intreat all his
Majesties good subjects, with submisse and heartie thanksgiving,
to acknowledge and confesse his Majesties favour, in indicting a
free Assembly, to be keept the 6 of August, and Parliament 20, for
ratifieing of what shall be concluded in the Assembly as the propper
and most powerfull meanes to settle this Church and Kingdome: so would
they have all his Majesties good subjects to know, that, by accepting
the said Declaration and Articles of Pacification joyned therewith,
they doe not, in any sort or degrie, disclaime or disallow the said
Assemblie, but that they still stand obleidged to adhere thereto,
and obey and mentaine the same; and for preventing and mistaking
all misconstructions, let this be made knowne to all persons, and
in all places where his Majesties declarations shall be published,
which, as it is his Majesties oune mynd, expressed diverse tymes to
our Commissioners, so are we assured that it will serve much for his
Majesties honour, for the satisfaction of the godlie, and for the
promoting of this blessed pacification for which all of us ought
earnestlie to pray unto God, to remember also our late Oath and
Covenant, and to walk worthie of it, and to beseech the Lord that, by
the approaching Assembly and Parliament, religion and righteousness may
be established in the land.
* * * * *
1639.—June.
57. _Some Heads of His Majesties Treatie with his Subjects in Scotland
before the Inglish Nobilitie, and sett downe here for remembrance._[220]
1. For the preface and conclusion of his Majesties last Declaration,
although it contained hard expression of the Subjects in Scotland, his
Majestie declaired that he had no such opinion of them, but requyred
the paper to stand for his credit, and for ane point of honour with
forraigne nations, and required they should not stand with him for
words and expressions. So they obtained the matter.
2. For calling of the late Assembly “_pretended_”—seeing the Subjects
of Scotland professed they would never passe from the said Assembly and
decries thereof, his Majestie declaires he did not acknowledge that
Assembly farder then as it had registrat his Declaration. So would he
not desire the subjects to passe from the samen.
3. Anent the Constitution of the Assembly, it was shawen his Majestie
that none could be Members of the Assembly but such as had a
Commission, viz., 2 or 3 Ministers from each Presbetrie, with a Rewling
Elder, ane from each Burgh, and his Majestie or his Commissioner. His
Majestie concluded that his assessour had vote; and upon ane expression
in his Majesties declaration, referred that to some reasons contained
in former proclamations, which wer utterlie against the lawfulnes of
Ruleing Elders, was desired, according to the custome of this Kirk, all
controversies ariseing should be remitted to the Assembly itselfe. His
Majestie had some expressions craving these to be remitted to himselfe;
but seeing that it was against the Constitution of the Kirk to have any
other judge but the votters in the Assembly, where his Majestie or his
Commissioner was present, and gave the first vote, “Free Assemblie,”
in his Majesties Declaration, did import the freedome in judging all
questions ariseing there anent Constitutions, Members, or matters.
4. Anent the restitution of the Castles; as the subjects did it
freelie, so did they expresse that which might concerne the safetie
of the countrie. They referred that to the tyme of the Parliament,
at which tyme they would signifie their desires by petition to his
Majestie; as also, they told it had cost much charges in fortifieing
and keeping thereof—the representation whereof to his Majestie they
referred to that tyme.
5. Concerning the restitution of persons, houses, goods, &c., required
by his Majesty, it was promised, provyding that the great soumes of
money contracted for the publict were payed in ane equall way by all,
which behoved to be done either by Commission from his Majestie or from
the Parliament; and when it was objected that much good was spent that
was taken, the King answered, that as for goods or ammunition that was
alreadie spent, they could not be restored, but these that are extant
must be.
6. His Majestie not allowing of the late Assemblie, for the reasons
contained in his severall proclamations, being excepted against as
presupposing and importing a declaration of His Majesties Judgement
against ruling elders, which prejudged the right constitution of a free
Assembly; His Majestie, after a full hearing, deleited that clause.
7. That parte of his Majesties declaration, which beares that no
[other] oath be exacted of entrants than that which is contained in
the Acts of Parliament, as also that clause bearing that the present
Bischops, &c., shall be sensurable by a Generall Assembly—being
excepted against as presupposing and importing the continowance of
Episcopacie, which we could not acknowledge, as being incompatible with
the Confession of Faith and Constitutions of the Church;—his Majesty
was pleased to deleite both these clauses.
And being, with all constancie and humilitie, pressed upon Saturday,
Junii 15, that his Majestie would satisfie that maine desyre of his
subjects, by declairing that his Majestie would quyte Episcopacie,
he did answer that it was not sought in our desires: and when it
was replyed that our first desires to have the Acts of the Generall
Assembly ratified, [it] imported the same, his Majestie acknowledged
it to be so, and averred that he did not refuse it, but would advise
till Munday the 17, at which tyme his Majestie being pressed to give
some specification of quyteing Episcopacie,—and it being plainly
showed that, if his Majesty should labour to mentaine Episcopacie, it
would breid a miserable shisme in this Church, and make such a rupture
and divisione in this Kingdome as would prove incurable; and if his
Majestie would let the Kirk and Countrie be freed of them, his Majestie
would receave as heartie and duetifull obedience as ever Prince
receaved of a people;—his Majestie answered, he would not prelimite and
forstall his voice; but he had appoynted a free Assemblie, which might
judge of ecclesiasticall matters, the constitutions whereof he should
ratifie in the ensuing Parliament.
* * * * *
1639.—July 1.
58. _Proclamation of the Assemblie to be held in August._[221]
Apud Halyrudhous, primo Julii 1639.
Sederunt, &c.
Forsameikle as the Kings most Sacred Majestie, by his Graceous
proclamation lately published, of the date the [16] of Junii last,
hes beene pleased, out of his pious and religious disposition to the
trew religion, and out of his fatherlie care for removeing all feareis
and doubtis whilks may arryse in the myndis of his subjectis, and upon
diverse great and weightie considerations importing the glorie of God,
the peace of the Kirk, and commonweele of the Kingdome, to appoynt and
give order that a Generall Assemblie be indicted, kept, and haldin in
the Citie of Edinburgh upon the twelff of August next to come, with
continowation of dayes: Therefore the Lordes of Secreit Counsel,
according to his Majesties warrand and direction given to thame in
writt, ordains Letters to be direct, chargeing his Majesties Herauldes
to pass and make publication heirof be opin proclamation at the Mercate
Croce of Edinburgh, and other places needfull, and to warne all and
sundrie Archbishops, Bishops, Commissioners of Kirks, and others having
place and voice in the Assemblie, to repaire and addresse themselves to
the said Citie of Edinburgh the said twelff day of August nixt to come,
and to attend the said Assemblie dureing the tyme thereof, and ay and
whil the same be dissolved, and to doe and performe all whilk to thair
charge, in sic caises apperteanes, as they will answer in the contrare
at their perrel.
Followes his Majesties Missive for warrand of the Act abouewritten.
CHARLES R.—Right trustie, &c. Having, by our Declaration of the date
of the 18ᵗʰ of this moneth, signified our pleasure for holding a
Generall Assemblie at Edʳ, where we intend to be (God willing) present
in person: It is our pleasure that yow meit the said Assemblie, to be
halden the twelff day of August nixt in the place aforesaid—causeing
warne to that purpose all Archbishops, Bishops, Commissioners of Kirks,
and others haveing place and voice in the Assemblie, according to the
proclamation made for the indiction of the late pretendit Generall
Assemblie at Glasgow, for which these presents sal be your warrand. Wee
bid yow fareweille. from our Court at Berwick, the 29ᵗʰ of June 1639.
* * * * *
1639.—July 1.
59. _A Protestation at tht Mercat Croce of Edinburgh, 1 of Julii
1639._[222]
We Noblemen, Barons, Burrowes, Ministers, his Majesties most humble
duetifull Subjects, who hes beene his Majesties Supplicants this
tyme past, doe, in all humilitie acknowledge, and with most heartie
affection receave, that his Majesties most gracious and royall favour,
in calling againe a free Assembly and Parliament for the finall
settling of this Kirk and Kingdome in a firme Peace, so happily begune,
which we earnestlie desire that may be perfyted; desireing also, as
becometh his Majesties good Subjects, to joyne in our most earnest
endeavours with his Sacred Majestie for the preservation of the
liberties and Constitutions of the Kirk in this his Majesties Kingdome,
against the Usurpatione who have proven enemies to religion, to his
Majesties honour, and which may import the violation of the oath of
God which tyeth us to mentaine the lawfull Assembly holden at Glasgow,
wherein it was found, by the Constitutions of this Kirk, that the
office of Bishops and Archbishops [who] are now cited to assist (by
his Majesties indiction) the ensuing Assemblie; and the Government of
the Kirk by them, is abjured and ought to be removed out of this Kirk,
and by the publict auctoritie thereof, they themselves is, for their
high usurpations, their novations in the worship of God, and uther
haynous crymes, joyned with their obstinacie in stopting their eares
against the voice of the Kirk, and declyning hir auctoritie, were most
solemnlie excommunicat therefor. Least this forme of indiction should
interfere against us, the smallest acknowledgement of that pretendit
office or government, or any right in the presones to sitt or voice
in the Assemblies of the Kirk or derogation to the Sentence of the
Kirk, pronounced against them, or to the former protestations made by
us; or least it should import the least prejudice to the said full,
lawfull, and frie Generall Assembly, which his Majestie, by his Royall
word, and holden by us most sure and inviolable, did openly declair
to our Commissioners that he would not bidd us disapprove, or pass
fra; and was graciouslie pleased, at their humble desires, to cause
delait such clauses of his Majesties Declaration as might inferre the
acknowledgement of Bishops to their Government: WE, therefore, in our
own names, and in name of all who adheres to the Covenant and Generall
Assembly, DECLAIR, before God and Man, and PROTEST—
1. That we adhere, and stand oblidged by our former oathes and
protestations, to mentaine the late Generall Assembly holden at
Glasgow, being undoubtedlie ane most lawfull and free Generall
Assemblie; and that all Acts, Sentences, Constitutions, Censures
and Proceedings of a full and free Generall Assembly of this Kirk
of Scotland, and so have alreadie [had] execution under the
ecclesiasticall paines therein mentioned, and conforme thereto in
all poynts; and in speciall these sentences of deprivation and
excommunication of the some tyme pretended Bishops and Archbishops of
this Kingdome.
2. We PROTEST that we doe still continuwallie adhere to our Solemne
Covenant with God, according to the Declaration of the Assembly,
whereby the office of Bishops and Archbishops is declaired to have
beene abjured.
3. We PROTEST that these pretended Bishops and Archbishops who yet
usurpes that title and office, abjured by this kirk, are contemners
of the sentences of this Kirk, and hes beine malicious incendearies
of his Majestie against this kingdome by their wicked calumnies, that
if they returne to this kingdome, they be esteemed and used, accursed
and delivered over to the Divell, and cutt off from Christs bodie as
ethinicks and publicans; and that this present citation import no
acknowledgement of them as Members of the Assembly, nor any wayes
prejudge the lawfull Acts of the said free Generall Assembly.
4. We PROTEST that all misinformations of the Kings Majestie against
his good subjects, and all givers of counsell against the will of the
realme, be accuseable and censurable at the next Parliament, according
to our former protestations, according to the Act of Parliament King
James 4, there mentioned; and that all the subjects of this Kingdome,
entertainers and mentainers of excommunicat persons, be orderlie
proceeded against with excommunication, conforme to the Acts and
Constitutions of this Kirk.
And seeing the Session is now appoynted to sitt doune which tendeth
to the prejudice of his Majesties good subjects, and who hath beene
so latelie busied in the preparations for the defence of the religion
and countrie, that they are now necessarlie reteired to their owne
dwellings for settleing their privat effaires, that they cannot be
tymouslie advertised to attend any lawfull bussines without greater
prejudice than benefite, and that the most parte of the leidges have
so secured their evidents that the same cannot be in readines in so
short tyme of Session; Therefore, and in respect the downe sitting of
the Session cannot be utherwayes legallie intimat to them but upon 40
dayes, whereof there are but 20 dayes to run of the appoynted tyme
of this meeting, We _protest_ that all the Members of the Colledge
of Justice and all his Majesties Leidges are _in bona fide_ not to
attend this Session; but that all Acts, Sentences, Decreits, and
Interloquitours to be given and pronounced against them, (if any shall
be), are in the selfe null and ineffectuall, sicklyke as the same had
not beene given nor pronounced; and protests for remead of law against
the same and everie ane of them.
Lastlie, we PROTEST that we may have libertie to amplifie and enlarge
this our Protestation, and reasons thereof; whereupon the Earle of
Dalhoussie in name of the Noblemen, Sir Wᵐ Ross in name of the Burrows,
Mr Andrew Ramsay in name of the Ministers, took Instruments in the
hands of the Notars present in the Croce of Edinburgh.
* * * * *
1639.—July 5.
60. _Advice by Hamilton to the King._[223]
To leave all that is past, the Question is briefly; Whether the
Assembly and Parliament now indicted is fittest to be held or
discharged?
If held, the Success of the Assembly will be the Ratifying of what was
done at Glasgow; or if that point be gained, yet certainly most of
the Acts that were made there will of new [be] enacted: nor is there
any hope to prevent their finding Episcopacy to be abjured by their
Covenant, and the Function against the Constitution of their Church.
This will be by the Members of Parliament ratified, and put to the
Kings Nagative Voice, and if it be not condescended to by him, it is
more than probable, that his Power even in that Court, and in that
Place, will be questioned.
If it be discharged, nevertheless the Assembly will be keeped by
the Rebels, and the same things done in it by them, and thereafter
maintained by the generality of the Kingdom: this consequently will
bring alongst with it the certain loss of Civil Authority, and so
necessitate the re-establishing the same by Force, or otherwise the
desertion of that Kingdom.
So it is to be resolved on, whether it be fit to give way to the
Madness of the People, or of new to intend a Kingly Way?
If way be given to what is mentioned, it is to be considered in that
case, if the King shall be personally present or not; if not present,
who shall be imployed, and how instructed?
If the Kingly Way be taken, what shall be the means to effectuate the
intended end; particularly how Money may be levied for the waging of
this War, and if that be feisible without a Parliament?
If a Parliament, what the Consequence may prove? So all may be summed
up in this; Whether to permit the Abolishing of Episcopacy, the
lessening of Kingly Power in Ecclesiastick Affairs, the Establishing
Civil Authority in such manner as the Iniquity of the Times will
suffer, and to expect better; and what will be the Consequence of this
if way be given thereto: or to call a Parliament in England, and leave
the event thereof to hazard and their discretions, and in the interim
Scotland to the government of the Covenanters?
* * * * *
1639.—July 17.
61. _Private Warrant from King Charles I. to the Marquis of Hamilton,
to converse with the Covevanters._[224]
CHARLES R.
We do, by these presents, not only authorise, but require you to
use all the means you can with such of the Covenanters as come to
Berwick to learn which way they intend the estate of Bishops shall
be supplied in Parliament, what our power shall be in ecclesiastical
affairs, and what farther their intentions are: for which end you will
be necessitated to speak that language which, if you were called to
an account for by us, you might suffer for it. These are, therefore,
to assure you, and, if need be, hereafter to testify to others, that
whatsoever you shall say to them to discover their intentions in these
particulars, you shall never be called in question for the same, nor
yet it prove anyways prejudicial to you; nay, though you should be
accused by any thereupon.
To our Trusty and well-beloved Cousin and
Counsellor, the Marques of Hamilton.
Berwick, July 17, 1639.
* * * * *
1639.—July 27.
62. _Instructions by the King to Traquair as Commissioner._[225]
CHARLES R.
At the first Meeting of the Assembly, before it be brought in dispute
who shall preside, you shall appoint him who was Moderator in the last
Assembly, to preside in this till a new Moderator be chosen.
We allow that Lay-elders shall be admitted Members of this Assembly;
but in case of the Election of Commissioners for Presbyteries the
Lay-elders have had Voice, you shall declare against the informality
thereof, as also against Lay-elders having voice in Fundamental Points
of Religion.
At the first opening of the Assembly, you shall strive to make the
Assembly sensible of Our Goodness, that, notwithstanding all that is
past, whereby We might justly have been moved not to hearken to their
Petitions, yet We have been Graciously pleased to grant a Free General
Assembly, and for great and weightie Considerations have commanded the
Archbishops and Bishops not to appear at this Assembly.
You shall not make use of the Assessors in publick, except you find you
shall be able to carry their having Vote in Assembly.
You shall labour to your uttermost that there be no question made about
the last Assembly; and, in case it come to the worst, whatever shall be
done in Ratification, or with relation to the former Assembly, Our Will
is, that you declare the same to be done as an Act of this Assembly,
and that you consent thereunto onely upon these terms, and no ways as
having any relation to the former Assembly.
You shall by all means shun the Dispute about Our Power in Assemblies;
and if it shall be urged or offered to be disputed whether We have
the Negative Voice or the sole power of Indicting, and consequently of
Dissolving, except you see clearly that you can carry the same in Our
Favours, stop the Dispute; and rather than it be decided against Us,
stop the course of the Assembly until We be advertised.
For the better facilitating of Our other Services, and the more
peaceable and plausible progress in all Businesses recommended to
you, We allow you at any time you shall find most convenient, after
the opening of the Assembly, to declare, That, notwithstanding Our
Own Inclination, or any other Considerations, We are contented, for
Our People’s full satisfaction, to remit Episcopacy and the Estate of
Bishops to the Freedom of the Assembly, but so as no respect be had to
the Determination of the Point in the last Assembly.