be done without the appearing of any Warrant from the Bishops; and if
any offer to appear for them, you are to inquire for their Warrant,
and carry the Dispute so, as the Conclusion seem not to be made in
prejudice of Episcopacy as unlawful, but onely in satisfaction to the
People, for settling the present Disorders, and such other Reasons of
State; but herein you must be careful that Our Intentions appear not to
any.
You shall labour that Ministers deposed by the last Assembly, or
Commissions flowing from them, for no other cause but the subscribing
of the Petition or Declinator against the last Assembly, be, upon
their Submission to the Determinations of this Assembly, reponed in
their own Places; and such other Ministers as are deposed for no other
faults, that they be tried of new; and if that cannot be, strive that
Commissions may be directed from this Assembly for Trying and Censuring
them according to the nature of their Process.
That immediately upon the Conclusion of this Assembly, you indict
another at some convenient time, as near the expiring of the Year
as you can; and if you find that Aberdeen be not a Place agreeable,
let Glasgow be the Place, and if that cannot give content, let it be
elsewhere.
The General Assembly is not to meddle with any thing that is Civil, or
which formerly hath been established by Act of Parliament, but upon His
Majesties special Command or Warrant.
We will not allow of any Commissioners from the Assembly, nor no such
Act as may give ground for the continuing of the Tables or Conventicles.
In case Episcopacy be abolished at this Assembly, you are to labour
that We may have the power of chusing of so many Ministers as may
represent the 14 Bishops in Parliament; or if that cannot be, that 14
others, whom we shall present, be agreed to, with a Power to chuse
the Lords of the Articles for the Nobility for this time, untill the
Business be further considered upon.
We allow that Episcopacy be abolished, for the Reasons contained in
the Articles, and the Covenant 1580, for satisfaction of Our People,
be subscribed, provided it be so conceived that thereby Our Subjects
be not forced to abjure Episcopacy as a point of Popery, or contrary
to God’s Law or the Protestant Religion; but if they require it to be
abjured as contrary to the Constitution of the Kirk of Scotland, you
are to give way to it rather than to make a Breach.
After all Assembly-business is ended, immediately before Prayers
you shall, in the fairest way you can, protest that, in respect of
His Majesties Resolution of not coming in Person, and that His
Instructions to you were upon short advertisement, whereupon many
things may have occurred wherein you have not had His Majesties
Pleasure, therefore and for such other Reasons as occasion may furnish,
you are to protest that, in case any thing hath escaped you, or hath
been condescended upon in this present Assembly, prejudicial to His
Majesties Service, that His Majesty may be heard for redress thereof in
his own time and place.
We will not allow that, either by the Commissions already granted, nor
upon no other Bill or Petition, any part of the burden of the Charges
of the last Business be laid upon any of Our good Subjects, who have
stood by Us, and have refused to subscribe their Bonds and Covenants.
That you stop the Signatures of the Rights of Kintyre, Abbacy of Dear,
Abbacy of Scoon, and generally all Acts in favours of Covenanters,
so far as you can, without stopping the ordinary course of Justice;
and you are to consider withall how His Majesties Right to any of
the aforesaids may be put on foot without making interruption to the
present Business in hand.
You shall take a course whereby the Rents of all such Bishopricks as
are vacant be detained, and either by Warrant of the Incumbent, or by
Demission may be collected; and when any person shall be provided to
these Benefices so vacant, Our Will is, that you take the same course
with the Rents of these, as by these We do command you to doe with
the rest of the Rents of the Bishopricks of Scotland, which is this,
to cause draw up a formal Assignation to the whole Rents, Fruits,
Customs, &c., belonging to the Bishoprick, whereof they are Bishop,
to be subscribed by them to and in Our Favour; upon return whereof to
you, you shall give Power and Commission to such Persons as you shall
receive, under every one of their Hands, to collect and intromet with
the aforesaid Rents of the several Bishopricks, and to deliver and be
accomptable to you for the same; and, upon your receipt thereof, you
are to issue them out immediately again to the aforesaid Bishops, or
any having their Warrant to that effect.
You shall hear the Complaints or Petitions of any of Our Subjects,
or against any of Our Subjects, but such as you know to be Sufferers
for refusing to joyn with the Covenanters in the Covenanting way; and
you shall protect all such Persons by all the fair ways you can, and
particularly Sir John Hay and Sir Robert Spottiswood.
If any thing occur either in Civil or Ecclesiastical Judicatory,
wherein you have not Our express Will and Pleasure signified unto you,
wherein you see clearly Our Royal and Princely Power and Authority
prejudiced, We will you to acquaint Us therewith before any Proceeding
be made.
You shall pay weekly for defence of Our Castle of Edinburgh an hundred
Souldiers at eight pence per diem, besides the English Gunners and
Artificers, at the Rates set down by the Marquis of Hamilton. And as
for Ruthwen himself, you shall assign him the Rents of the Castle; and
you shall likewise keep a competent number of Workmen for completing
the Fortifications already begun, and shall withall provide the Castle
with 6 moneths Victuals for the foresaid number of Souldiers and other
Officers.
And as for Dumbriton, you shall pay for the Defence thereof Souldiers
at eight pence per diem, to the number of 40; allowing the Rents and
other Customs thereof for paying the Captain and other Officers.
At Berwick, the 27ᵗʰ of July 1639.
* * * * *
1630,—August 6.
63. _Letter from the King to the Archbishop of St Andrews._[226]
CHARLES R.
Right Trusty and Well-beloved Councellour, and Reverend Father in God,
We greet you well.
Your Letter, and the rest of the Bishops, (sent by the Elect of
Caithnes) to my Lord of Canterbury, hath been shown by him to Us; and
after serious Consideration of the Contents thereof, We have thought
fit Our Self to return this Answer to you, for Direction according to
Our Promise, which you are to communicate to the rest of your Brethren.
We do in part approve of what you have advised concerning the
Prorogating of the Assembly and Parliament, and must acknowledge it
to be grounded upon Reason enough, were Reason only to be thought
on in this Business; but considering the present state of Our
Affairs, and what We have promised in the Articles of Pacification,
We may not (as We conceive) without great prejudice to Our Self and
Service, condescend thereunto; wherefore We are resolved, nay, rather
necessitated, to hold the Assembly and Parliament at the time and place
appointed. And, for that end, We have nominated the Earl of Traquair
Our Commissioner, to whom We have given Instructions, not only how to
carry himself at the same, but a Charge also to have a special care of
your Lordships, and those of the inferiour Clergy, who have suffered
for their Duty to God and Obedience to Our Commands. And We doe hereby
assure you, that it shall be still one of Our chiefest Studies, how to
rectifie and establish the Government of that Church aright, and to
repair your losses, which We desire you to be most confident of.
As for your Meeting to treat of the Affairs of the Church, We do not
see at this time how that can be done; for within Our Kingdom of
Scotland, We cannot promise you any place of Safety, and in any other
of Our Dominions We cannot hold it convenient, all things considered;
wherefore We conceive that the best way will be for your Lordships
to give in, by way of Protestation or Remonstrance, your Exceptions
against this Assembly and Parliament to Our Commissioner, which may be
sent by any mean man, so he be Trusty, and deliver it at his entering
into the Church; but We would not have it to be either read or argued
in this Meeting, where nothing but Partiality is to be expected,
but to be represented to Us by him, which We promise to take so in
consideration, as becometh a Prince sensible of His Own Interest and
Honour, joined with the equity of your Desires; and you may rest
secure, that, though perhaps We may give way for the present to that
which will be prejudicial both to the Church and Our Own Government,
yet We shall not leave thinking, in time, how to remedy both.
We must likewise intimate unto you, that We are so far from conceiving
it expedient for you, or any of my Lords of the Clergy, to be present
at this Meeting, as We doe absolutely discharge your going thither,
and, for your absence, this shall be to you and every one of you a
sufficient Warrant. In the interim, your best Course will be to remain
in Our Kingdom of England, till such time as you receive Our further
Order, where We shall provide for your Subsistence, though not in that
measure as We could wish, yet in such a way as you shall not be in want.
Thus you have Our Pleasure briefly signified unto you, which We doubt
not but you will take in good part; you cannot but know, that what We
doe in this We are necessitated to. So We bid you farewell.
Whitehall, Aug. 6, 1639.
* * * * *
1639.—August 10 & 11.
64. _Declinator by the Scotch Prelates, in obedience to the King’s
Letter._[227]
Whereas His Majesty, out of His surpassing Goodness, was pleased to
indict another National Assembly for rectifying the present Disorders
in the Church, and repealing the Acts concluded in the late pretended
Assembly at Glasgow, against all right and reason, charging and
commanding in the Archbishops and Bishops of the Church of Scotland,
and others that have place therein, to meet at Edinburgh the 12th of
August instant, in hopes that, by a peaceable Treaty and Conference,
matters should have been brought to a wished Peace and Unity; and
that now we perceive all these Hopes disappointed, the Authors of the
present Schism and Division proceeding in their wonted courses of Wrong
and Violence, as hath appeared in their presumptuous Protestation
against the said Indiction, and in the business they have made
throughout the Country for electing Ministers and Laicks of their
Faction to make up the said Assembly; whereby it is evident that the
same or worse effects must needs ensue upon the present Meeting, than
were seen to follow the former.
We, therefore, the Under-subscribers, for discharge of our Duties to
God and to the Church, committed to our Government, under our Soveraign
Lord the Kings Majesty, Protest, as in our former Declinatour, as
well for our Selves as in name of the Church of Scotland, and so many
as shall adhere to this our Protestation, That the present pretended
Assembly be holden and reputed null in Law, as consisting and made up
partly of Laical persons that have no Office in the Church of God,
partly of refractory, schismatical, and perjured Ministers, that,
contrary to their Oaths and Subscriptions, from which no Humane power
could absolve them, have filthily resiled, and so made themselves
to the present and future Ages most infamous; and that no Churchman
be bound to appear before them, nor any Citation, Admonition,
Certification, or Act whatsoever, proceeding from the said pretended
Meeting, be prejudicial to the Jurisdiction, Liberties, Priviledges,
Rents, Possessions, and Benefices belonging to the Church, nor to any
Acts of former General Assemblies, Acts of Council, or Parliament made
in favours thereof; but to the contrary, That all such Acts and Deeds,
and every one of them, are and shall be reputed unjust, partial, and
illegal, with all that may follow thereupon. And this our Protestation
we humbly desire may be presented to His Majesty, whom we do humbly
supplicate, according to the Practice of Christian Emperoeurs in
Ancient times, to convene the Clergy of His whole Dominions, for
remedying the present Schism and Division, unto whose Judgement and
Determination we promise to submit our Selves, and all our Proceedings.
Given under our hands at Morpeth, Berwick, and Holy Island, the tenth
and eleventh of August 1639.
Signed,
St Andrews,
Da. Edinburgen,
Jo. Rossen,
Th. Galloway.
Wal. Brechinen,
Ja. Lismoren,
Ad. Aberdon.
* * * * *
1639.—August 20.
65. _Letter from the King to Traquair._[228]
CHARLES R.
Right Trusty,
We have hitherto commanded Hamilton to answer several of your Letters;
but that of the 16ᵗʰ of August being of more weight than any of your
former, We have thought fit to answer it Our Self.
And whereas you say, that nothing will satisfie them, except _in
terminis_ the last Assembly be named and ratified, or that way be given
to the discharging Episcopacy as abjured in that Church, as contrary to
the Confession of Faith 1580, and the Constitutions of the same, you
being yet in some hope, that the word _Abjured_ may be got changed,
and that in drawing up the words of the Act it be onely condemned, as
contrary to the Constitution of that Church; We in this point leave
you to your Instructions, they being full, if you consider what We
have said concerning Episcopacy, and subscribing the Confession of
Faith 1580: We thinking it fit to declare hereupon unto you, that let
their Madness be what it will, further than We have declared in Our
Instructions in these points, We will not go.
For the Service-book and Book of the Canons, though We have been and
are content it be discharged; yet We will never give Our Voice nor
Assent, that they be condemned as containing divers Heads of Popery
and Superstition. In like manner, though We have been and are content,
that the High Commission be discharged; yet We will never acknowledge
that it is without Law, or destructive to the Civil and Ecclesiastical
Judicatories of that Our Kingdom, nor that the Five Articles of Perth,
though discharged with Our Approbation, be condemned as contrary to the
foresaid Confession. As concerning the late Assemblies, We cannot give
Our Consent to have them declared null, since they were so notoriously
Our Father (of Happy Memory) His Acts: It seeming strange, that We
having condescended to the taking away all these things that they
complained of, which were done in those Assemblies, they will not be
content therewith, without laying an Apersion on Our Fathers Actions.
Wherefore if the Assembly will in despite of your Endeavours conclude
contrary to this, you are to Protest against their Proceedings in these
points, and be sure not to ratifie them in Parliament.
Concerning the yearly indicting of General Assemblies, and the
Confession of Faith, We commanded Hamilton in his of the 16ᵗʰ to
answer that point to this effect: That We think it infinitely to our
Prejudice, that We should consent to tie Our Self for the keeping
yearly of their Assemblies, not needing to repeat the Reasons, they
being well enough known to you; seeing at Berwick it was conceived upon
debate of that Point, that your having Power to indict a a New one
within the Year, would save that dispute, which you are by all means to
eschew. But if this will not give satisfaction, you are by no means to
give your assent to any such Act, nor to ratifie the same in Parliament.
The Article in your Instructions, which is onely, That the Covenant
1580 shall be subscribed, you must have an especial care of, and how
you proceed therein: That the Bond be the same which was in Our Fathers
time, _mutatis mutandis_; and that you give your Assent no other
ways to the Interpretations thereof then may stand with Our future
Intentions, well-known to you: nor is the same otherways to be ratified
in Parliament.
Thus you have Our Pleasure fully signified in every particular of
your Letter, which you will find no ways contrary to Our Resolution
taken at Berwick, and Our Instructions given to you there. But if the
Madness of Our Subjects be such, that they will not rest satisfied
with what We have given you Power and Authority to condescend to,
which notwithstanding all their Insolencies We shall allow you to make
good to them, We take God to witness, that what Misery soever shall
fall to that Country hereafter, it is no fault of Ours, but their own
procurement. And hereupon We do command you, that if you cannot compose
this Business according to Our Instructions, and what We have now
written, that you prorogue the Parliament till the next Spring; and
that you think upon some course how you may make publickly known to all
Our Subjects, what We had given you Power to condescend to. And because
it is not improbable that this way may produce a present Rupture,
you are to warn and assist Ruthven for the defence of the Castle of
Edinburgh, and to take in general the like care of all Our Houses and
Forts in that Kingdom; and likewise to advertise all such who are
affected to Our Service, that timously they may secure themselves. And
so We bid you heartily farewell.
* * * * *
1639.—August [10, 12,] 30.
66. _Declarations by Traquair as Commissioner._[229]
At a Sederunt of the Privy Council, on 10th August 1639, a Letter
from the King (dated 6th) was produced and recorded, intimating the
appointment of Traquair as Commissioner to the Assembly and Parliament,
in which his Majesty required their Lordships “not onlie to attend
at the said Assemblie and Parliament, but to concurre and assist our
said Commissioner in ewerie thing may concerne our service, as he sall
requyre yow, or communicat with yow frome time to time;” and they,
“in all humble obedience, promist to attend at the said Assemblie and
Parliament, and to concurre with the said Lord Commissioners Grace
in ewerie thing conforme to his Majesties said Letter.” On the 12th
of August, his Lordship appeared at another Sederunt of Council, and
produced his commission. And, on the 30th of that month, at another
sederunt, the Earl of Rothes, and others, as commissioners, appeared
in the Council, and gave in a petition and declaration relative to
the subscription of the Confession and Covenant, and bearing that the
Council would interpone its authority, which was done accordingly.
Immediately after, of the same date, there is the following Minute,
which we transcribe from the register as important, inasmuch as there
is a marginal note adjoined to it in the following terms:—“_Decimo
tertio Augusti, 1641. Delatt at Command, and in pretence of the
Estaittis of Parliament._” These minutes are essential to the full
understanding of the position in which all parties stood at the close
of this Assembly, previously to the meeting of Parliament, after
various prorogations, in the autumn of 1639.
And sicklyke the forsaid day, the Lord Commissioner desyred of
the Lords of Privie Counsell, that the severall declarations made
and emitted be him, in the Generall Assemblie, might be insert
and registrat in the Books of Privie Counsell, therein to remain
_ad futuram rei memoriam_; quhilk desyre the saidis Lordis fand
reasonable, and have ordaint and ordainis the saids declarations to
be insert and registrat in the Books of Privie Counsell, quherof the
tenor followis:—
I, Johne Earle of Traquaire, His Majesties Commissioner in this
present Assemblie, Doe, in his Majesties name, Declare, That
notwithstanding of his Majesties owne inclination, and manie other
grave and weightie reasons moveing him, zit suche is his incomparable
goodnes towardes his subjectis of this Kingdome, that for giveing
satisfaction to his people, and for queting of the present
distractions, He doth consent that the Five Articles of Perth,
the Government of the Kirk by Bishops, Civill Places and power of
Kirkmen, be declared unlawfull within this Kirk, as contrare to the
constitutions thereof.
And I doe alwayes hereby declare, that the practice of the premiss,
prohibit within this Kirk and Kingdome, sall neither bind nor inferre
censure agains the practisers outwith the Kingdome. And farder,
declare that the word _occasional_, in the end of the Act of the
date the 17ᵗʰ of this instant, wes not in the draught agreed upon
with me in presence of the Counsell, but was thereafter addit in
the Assemblie, without my knowledge or consent. Farther, I declare,
whatever is allowed be me in this Assemblie, is meirlie and onelie as
ane Act of this Assemblie, without anie respect or relation to the
last pretendit Assemblie at Glasgow.
And becaus that manie things have occurred in the present Assemblie
which may concerne Patronages belonging either to the Crowne,
Bishopricks, or others his Majesties good subjects, as also by
finding Civill Places and power of Kirkmen unlawfull, his Majestie
may be prejudgit in Parliament, and least heirby or by anie other
act, civill power and auctoritie may be wronged by my weaknes, or
not tymelie animadverting thereto, I declare and protest that his
Majestie may be hard for redresse in its owne tyme and place.
And I declare lykewayes, that whatever Commission and Commissions are
direct frome the Assemblie, whiche may import or occasion anie other
meetings or conventions of the subjects then the ordinarie meetings
of Kirk Sessions, Presbiteries, Synods, and suche as are allowed be
the Lawis of this Kingdome, that the same is null and of no effect,
and altogether disassented to by me.
* * * * *
1639.—October 1.
67. _Letter from the King to Traquair._[230]
CHARLES R.
Right Trusty, &c.
Your Letter of September the 27ᵗʰ to Hamilton We have seen, and think
fit to return Answer thereunto Our Self; and the rather because We find
by yours, that some Points in the former Letter were not so fully
expressed, but that you desire more clear Answers. First you say, that
in all your Directions it is condescended, that by Act of Assembly
Episcopacy should be declared unlawful in this Kirk; and that by all
the Capitulations of Agreement, and Instructions given to you, that
same is allowed to be ratified in Parliament upon the foresaid terms
agreed upon in the Assembly. In this Point We must tell you, that you
are much mistaken: for though you have Power for giving way to the
Abolition of Episcopacy, as contrary to the Constitutions of the Church
of Scotland; yet you will not find either in your Instructions, or any
other Direction since sent you, that We have consented to declare the
same Unlawful: We making a great difference therein, for many things
may be contrary to the Constitutions of a Church, which of themselves
are not simply unlawful; for whatsoever is absolutely unlawful in
one Church, cannot be lawful in the other of the same Profession of
Religion, but there may be many several Constitutions, and yet they all
lawful. Therefore if I do acknowledge or consent, That Episcopacy is
unlawful in the Church of Scotland, though as you have set it down in
your consenting to the Act, the word Unlawful may seem onely to have
a relation to the Constitutions of that Kirk; yet the Construction
thereof doth run so doubtfully, that it may be probably inferred, That
the same Function is acknowledged by Us to be unlawful in any other
Churches in Our Dominions. Therefore as we totally disapprove of your
consenting to the word Unlawful, as well to the Function, as Civil
Places and Power of Churchmen, in the Act of the General Assembly: so
We absolutely command you not to ratifie the same in these terms in
the Parliament, but onely as contrary to the Constitutions of that
Kirk; and to declare, that We ratifie this Act meerly for the Peace
of the Land, though otherwise in Our Own Judgment We neither hold it
convenient nor fitting; which you are to declare at the Ratifying of
the same. And for the rest of your Declaration in the Assembly, to
be registered in the Books of Council, for brevities sake We send
you herewith a Copy of the same, as likewise that of the Covenant,
interlined in those places which We disapprove of, and conceive to be
the contrary to your Instructions, and some other Directions.