The parliament sent in to us the Earl of Lothian, one from the Barons,

and one from the Burghs, requiring our judgement of the Band; the

tenor whereof was read. The reason why they required our declaration

in that matter, was, because they said the Earl of Montrose had

professed, the other night in his examination before the committee,

that however that band was burnt, all the subscribers were yet by oath

obliged to the matter of it; also they read a paper in our audience,

written by Montrose’s hand, after the burning of the band, full of vain

humanities, magnifying to the skies his own courses, and debasing to

hell his opposites. Here great wisdom was requisite. It was remitted

first to the afternoon, and then to Monday. Sundry of the banded Lords

compeared. We feared their stirring. Montrose’s advocate craved to be

heard. A supplication to us, written by his hand, was read, desiring

our good opinion of him, offering to answer all we could lay to his

charge to our full satisfaction. He said, the band was destroyed by the

committee of parliament; that the paper was but a private memorandum

for himself, never to have gone without his charter-chest, had not

my Lord Sinclair been pleased to make it publick: that which was

alledged of his words in the committee was not any written part of his

deposition; that he had only spoken of a common guiltiness of all the

subscribers with him; that he had spoken of their obligation only in

relation to his accusation. Balmerino, moderator of that committee,

spoke very pathetically for the truth of Montrose’s words. The assembly

passed by what concerned Montrose, or any particular person; and, in

answer to the parliament’s question, a committee was appointed for that

end, drew up their wise answer penned by the moderator, making that

band to be unlawful, and not obligatory of any; making those that will

not subscribe censurable, and passing in those who subscribe what is

bygone, and well buried by the committee of parliament. The banders

that were present Kinghorn, Seaforth, Lour, did presently subscribe.

Mr Blair and Pollock were sent up to Montrose to acquaint him with

what was past. He spoke to them with a great deal of respect to the

assembly, seemed to insinuate his willingness to subscribe what the

moderator and clerk would require. Some made the motion, which the

moderator much applauded, that as some from the parliament had been

very happy instruments to take some differences away, which were like

to arise in the assembly; so it were meet to offer to the parliament

the labours of any they thought meet in the assembly, to help to

remove what difference was betwixt the members of parliament. This

motion was from zeal to peace, but not upon consideration of present

circumstances; that the difference was not betwixt any particular men,

but alledged crimes of high treason against the state, which could

not be by counsels, being cited, and they standing to their defence.

Yet D. Strang and Mr Andrew Cant, who were to carry our answer to

the parliament’s question anent the band, were burdened with the

foresaid overtures; the impertinency whereof the parliament miskent,

and passed without an answer. All this passed on Monday before noon.

The other motion, which on Saturday before noon perplexed us, was the

moderator’s petition of liberty to transport from Edinburgh. At the

beginning we took it but for jest; but it proved earnest. He assured

us, his voice was for no church in the town; that continually he was

unhealthy there, and not so any where else: that to keep him there was

to kill him; and that in the act of his transportation from Leuchars,

there was an express clause of liberty for him to transport when the

publick commotions were settled, if he found that town disagreeable

with his health. The city of Edinburgh was extreme averse; beside the

loss of that incomparable man, thought it a dangerous preparative to

have any of their ministers transported by assemblies. They offered

to buy him an house, with good air and yards; to preach only when he

would; to go freely, if his health was not tolerable. They were so

much the more averse, because St Andrew’s sued at that time in a bill

for his transportation to be principal of their college. He pressed

his liberty, shewing his great errand out of England was troublesome.

This reason from the assembly—some imputed his earnestness to some

malecontentment from some of the wives speeches the last year of him

for their well, against their humour in innovating; but he affirmed

health was the only ground of his petition, and if it should not fail,

notwithstanding of his liberty, he should not remove; and if he did, he

would not go to St Andrew’s, but to some quiet landward charge.

After noon there was a long debate for the presbytery of Sky. Glasgow

assembly annexed it to the provincial of Argyle. Upon the petition of

one, Edinburgh had annexed it to the provincial of Ross. They had kept

neither. Argyle pleaded for the renewing the act of Glasgow; Seaforth

for the sealing the act of Edinburgh. After long debating of reasons,

it was referred by the commissioners of the assembly to the parliament

to determine.

Monday the ninth, before noon, besides the things already said, the

presbytery of Newcastle, wrote a letter of complaint, that there was a

great neglect in many presbyteries to supply the armies with mnisters;

it was provided for; The afternoon was our last session. The answers

to the King’s letter to the English letters, and to Durie’s letter,

were read. The drawing up the directions of the Catechism, of the

Confession, of the Form of Government, these were laid on Mr Alexander.

His liberty was voiced, and granted, to the no small miscontent of

Edinburgh. Hence thanks were given to God for his sensible and most

special assistence; 23d psalm sung. Next assembly voiced at St Andrew’s

July 27. Commissioners, to the number of thirty or forty, with some

sixteen elders. Those of a province might serve by turns; so, after the

first meeting, I got leave to go home.

You have here an account of the assembly, so far as my weak memory,

without any notes to count of, can furnish. What I shall hear of the

parliament, of Montrose’s process, of the King’s proceedings, who

came here, to our great joy, on Saturday the 14th, you shall shortly

receive. What information I got from London you have here inclosed; the

evil illegal writ of Sir Thomas Dishintoun contains a journal of that

parliament for some weeks.

ROBERT BAILLIE,

Kilwinning, August 20, 1641.

THE

GENERAL ASSEMBLY,

AT ST ANDREW’S, 1642.

It is not necessary to recapitulate such of the proceedings of the

immediately preceding Assembly as are introduced in the printed Acts.

But a few particulars, not thus recorded, may be slightly adverted to.

Mr John Guthrie, the ousted Bishop of Moray, petitioned that Assembly

that his benefice might be kept vacant for some time; but the Assembly

disregarded his petition, and ordered his charge to be filled up, by

the Presbytery of the bounds, without delay. They, however, reponed

Mr Andrew Logie, who had been deposed by the Presbytery of Aberdeen;

and overtures relative to the Universities (of which, to its credit,

the Presbyterian Church never lost sight) were adopted, and ordered

to be submitted to Parliament. The schism of the preceding year

about private conventicles still continued; and their great patron,

Mr Henry Guthrie, still fanned the flame, to quench which, it was

necessary to “misken” or overlook the Aberdeen Act upon the subject,

and frame a new one against impiety and schism. A case of Conscience,

though for a political purpose, was submitted to the Assembly by a

deputation from Parliament, relative to a Bond into which Montrose

and others had entered, and which was thought inconsistent with the

Covenant. The Assembly not only gave a deliverance suited to the views

of the predominant party in Parliament, but volunteered their advice

and assistance to it, which, however, was declined. In consequence,

probably, of the brotherly communings which had recently taken place

betwixt the Scotch and English nonconformists in London. A number of

the latter wrote an Epistle to the Moderator touching Presbytery and

Independency, and an answer was returned, intimating the unanimous

adherence of the Scottish Church to Presbytery and its aversion to

the other system; and a proposition was also mooted for framing a new

Confession of Faith, Catechism, and Directory for public worship, &c.,

as a platform for an extension of Presbytery to England—a scheme which,

ere long, was matured in the Westminster Assembly, and by the “Solemn

League and Covenant,” of which we shall have to treat on a future

occasion.

Of the minor concerns, we may mention the appointment of a committee

to adjust the state of the churches in Orkney, Zetland, Lochaber, and

the Isles; an application for erecting the Presbytery of Biggar; the

rejection of applications from Aberdeen to translate George Gillespie

and Edward Wright from Glasgow, and an Assistant at Scotscraig—but,

to quiet the murmurs of the applicants, they got John Oswald from

Pencaitland, which made room for David Calderwood, the well-known

chronicler of the Kirk, from Crailing in Teviotdale. Among the other

removes that took place at that Assembly, Mr Andrew Ker was transferred

from Carriden to Linlithgow, William Bennet to Edinburgh, and John

Colins to Glasgow; and Alexander Henderson sought and obtained leave to

retire from Edinburgh to a rural parish, of which permission, however,

he never availed himself. During the sitting of that Assembly, an

awkward occurrence took place in the person of a Mr Thomas Lamb, a

minister in Peebleshire, who, having killed a man on the road betwixt

Leith and Edinburgh, was tried, condemned, and executed for the act.

Many complaints by ministers for want of adequate stipends, were given

in, and referred, as a matter of necessity, to the Parliament—the

Church not having yet discovered any mode of accomplishing that object,

otherwise than by the civil authority, although in these four last

Assemblies it had assumed the prerogative of removing and transplanting

ministers at its pleasure, without consulting either patrons or people,

so far as we have been able to discover. Many matters were left over

unfinished, and remitted to a Commission—the first, it has been

alleged, (erroneously, we think,) in the history of the Church, on whom

such powers were devolved. The Assembly terminated by appointing its

next meeting at St Andrew’s, on the 27th of July, 1642.

As already noticed in a preceding chapter, the treaty of peace betwixt

the two kingdoms was concluded on the 7th of August 1641.[278]

Immediately after, on the 9th, his Majesty left London, and proceeded

to Scotland. He arrived about the middle of that month at Edinburgh,

having, in the course of his journey, interchanged courtesies with the

chief of the Scottish army, which was still in the north of England.

But his reception was far different in the Scottish capital from that

which he had experienced in 1633 on the occasion of his coronation.

The Covenanters were now triumphant in all their pretensions, not

solely by moral, but visibly by the influence of overbearing physical

force. By the terms of the treaty, and its inevitable sequences,

the executive sceptre was wrenched from the hand of the King; the

prerogatives of monarchy were one and all extinguished in Scotland

and assumed by the Estates; and, as he had formerly meditated the

assumption of undue authority, he now tasted a bitter retribution.

Charles, the descendant of above a hundred Scottish Kings, virtually

bowed his “discrowned head” in the palace of his fathers, beneath the

victorious banner of “THE COVENANT.”

The Scottish Estates, which had been continued from time to time,

reassembled on the 15th of July 1641, before the treaty was yet

completed. The convention at first consisted of one hundred and

forty-five members, of whom thirty-nine were of the nobility,

forty-nine barons, and fifty-seven burgesses.[279] Lord Burlie was

chosen President; and it was agreed on that the Estates should sit

till the 17th of August, when the King or his Commissioner was

expected to be present, and should prepare business, but not determine

anything except the most urgent affairs for the public service. This

Parliament was new-modelled, arbitrarily, (as indeed were all its

proceedings from the first,) by the exclusion of the eldest sons of

Peers, who previously had access to it—an exclusion which excited no

little discontent among the rising aristocracy—and the Clergy, the

Lords of Session, the Lord Advocate, and “all disaffected members,”

were debarred from taking any part in its deliberations; and, among

other stretches of its assumed intrinsic power, it ordered Traquair’s

Declaration, as already noticed,[280] at the close of the Assembly

1639, to be delete from the register of Privy Council; as if such a

proceeding could extinguish the document, which still stands on record,

though partially obliterated. In short, it was a packed and arbitrary

convention, having no legal authority, according to the ancient

constitution of Scotland, until after the King had sanctioned its past

and pending proceedings by an _ex post facto_ concurrence, in terms of

the concessions which had been extorted from him by the joint coercion

of the House of Commons in England, and the Scotch Commissioners in

London.

On the 17th of July, Among their preparatory measures, proceedings

against the _incendiaries_ were commenced. These were John Earl of

Traquair, Sir Robert Spottiswood of Dunipace,[281] Sir John Hay,

Clerk-Register, Dr Walter Balcanquell, and John Maxwell, late Bishop of

Ross; and in the list of the proscribed were James Earl of Montrose,

Archibald Lord Napier, Sir George Stirling of Keir, and Sir Lewis

Stewart of Blackball.

It would be foreign to our task were we to enter on the grounds

of imputation against these parties; and it belongs rather to the

biography of the individuals, or the political history of the times,

than to our humble track, to elucidate the nature and extent of their

alleged offences against the compulsory unity prescribed by the

Covenant and its rigid interpreters—armed with supreme and irresistible

power. But we may be permitted to remark, that it is no ways surprising

that good and honourable men, who, either as avowed friends of the

King, or as honest Covenanters, in 1637, had voluntarily adopted,

or from compulsion yielded to a predominant power, discovered good

and sufficient grounds, in the interval of four years of intestine

commotion, intrigue, and factious procedure—more especially after the

invasion of England and the treaty in London—to shrink from following

in the courses of the “Root and Branch” combination which had sprung

up in both kingdoms during the past year. Without at all entering on

the minutiæ, we are not prepared to concur with some enthusiastic

admirers of the Covenanters in condemning those proscribed individuals,

because they deprecated or dissented from the radicalism (a modern

term, but sufficiently intelligible) of the seventeenth century,

being satisfied perhaps, as we believe they were, that it was not

identical either with reform or religion, and that its spirit and its

tendency were inevitably, as they proved to be at no distant period,

subversive alike of a constitutional monarchy, and of the civil and

religious liberties of the land. Betwixt the conclusion of the treaty

of Berwick and that of London, the cause of the Covenant had entirely

changed its character; and if men of the present day will study with

calmness and impartiality the whole progress of these troubles, and

examine carefully the acts of the Scotch Convention, and those of its

negotiators, he cannot fail, we think, to discern, in the authentic

records of Parliament and otherwise, the most conclusive proofs that

that convention exercised an unlawful and despotical authority, and

employed it for the most vindictive and selfish purposes. Let one of

its decrees suffice as a test of the ruling power. The convention

declared, that in the proceedings against the proscribed individuals,

members of the house might be witnesses as well as judges!

But we proceed with the narrative of events. The King arrived at

Holyrood about six o’clock in the afternoon of Saturday the 14th of

August, having but a small attendance. The Palatine, however, with the

Duke of Lennox, the Marquis of Hamilton, and Lord Willoughby, were in

his train. On the Sunday following, he attended divine service in the

Chapel-Royal, where Alexander Henderson officiated. The King, however,

did not return in the afternoon; “but,” says Balfour, “being wearie,

reposed himself in privat;” and Baillie tells us, with his wonted

simplicity, that “being advertised by Mr Alexander, he promised not to

do so again. Mr Alexander in the morning, and evening before supper,

daily says prayers, reads a chapter and sings a psalm, and says prayers

again. The King hears all duly; and we hear none of his complaints

for want of a liturgy or any ceremonies. On Monday, the King came not

abroad.”

Balfour, however, with all the minuteness and circumstance befitting a

“Lord Lion King-at-Arms,” narrates a number of particulars. The King

held a council, where it was discussed, whether there should be a

“ryding” of the Parliament next day; but, as may easily be conceived,

the King had no spirit, in his present humiliating circumstances, to

take part in a hollow-hearted pageant; and it was resolved that he

should hear sermon in the Abbey Church, and then proceed in his coach

to the Parliament. “After Mr Andrew Ramsay’s long sermon,”[282] this

course was adopted; and we cannot better paint the scene than we find

it in Balfour’s Annals:[283]—

“The Marques Hamilton ves ordained to beare the croune, the Earle

Argyle the scepter, and the Earle of Sutherland the suord.

“The Kinges Maᵗⁱᵉ came to the hous about 11 houres, the heraulds

preceiding the honors, and the trumpets them.

“At his Maᵗⁱᵉˢ entrey wnto the hous, the Laird of Langtone, with a

batton in his hand, went befor the honors as grate wsher, and offred to

make ciuill interruptione for mantinence of his right aganist the Earle

of Vigtone. The King reteired to the inner roume in a choler, and ther

subscriued a varrant to put the La: of Langtone in the castle.

“Then did his Maᵗⁱᵉ enter the hous, and sitts him doune in his chaire,

and, after a prayer said by Mr Alexander Hendersone, hes Maᵗⁱᵉ kyndly

saluting the housse, spake thus:—

“‘My Lords and Gentlemen,’

“‘Ther hath beine nothing so displeassing to me, as thosse vnluckie

differences vich of laite haue hapned betuix me and my subiects; and

nothing that I haue more desyred as to see this day, quherin I houpe,

not onlie to setle thesse vnhapey mistakinges, bot rightly to know and

be knowen of my natiue countrey. I neid not tell you (for I think it is

well knouen to most) quhat difficulties I haue passed by and ouercome

to be heir at this tyme; zet this I will say, that if loue to my natiue

countrey had not beine a cheiffe motiue to this iorney; other respects

might easily haue found a shift to doe that by a commissioner, wich I

am come to performe myselue. Al this considered, I cannot doubt bot to

find such reall testimonies of your affections for the mantinance of

that royall pouer wich I doe inioy after a 108 discents, and wiche you

haue so often professed to manteine, and to wich your auen nationall

othe doeth oblidge you, that I shall not thinke my paines ill bestoued.

Nou the end of my coming is shortly this, to perfecte quhatsoeuer I

haue promissed, and withall to queit thosse distractions wich haue and

may fall out amongest you; and this I mynd not superficially, bot

fully and cheirfullv to doe; for I assure you, that I can doe noething

vith more cheerfulnesse then to giue my people content and a generall

satisfactione. Wherefor, not offring to indeere myselue to you in

vords, (wich indeid is not my way,) I desyre, in the first place, to

settle that wich concerns the religione and iust liberties of this my

natiue countrey, befor I proceid to aney wther acte.’

“The Lord Burlie, president of the parliament, in name of the housse,

made a prettey speiche to hes Maᵗⁱᵉ, of thankes for all the former

demonstrationes of his goodnes, and expressiones of loue to his

Maiesties ancient and natiue kingdome.

“And therafter the Earle of Argyle did second the president, with a

short and pithy harraing, comparing this kingdome to a ship tossed in a

tempestuous sea, thir zeires by past; and seing his Majesty had, lyke

a skillfull pilote, in the tymes of most danger, steired her throughe

so maney rockes and shelwes, to saue anchor, he did humbly intreat his

Maᵗⁱᵉ that nou he wold not leaue her, (since that for her saftie lie

had giuen way to cast out some of the naughtiest baggage to lightin

her,) bot be gratiously pleassed to setle her in her secure statione

and harbour againe.

“Hes Maᵗⁱᵉ offred to ratifie the 39 actes of this parl: 22 Junij, 1639

[40] which the housse humbley intreated hes Maiestie to superseid,

till, according to the orders of the housse, they had taken them 24

houres to ther considerations; wich with a declaratione insert in the

recordes of parl: of hes Maᵗⁱᵉˢ villingnes to doe that, and the housses

earnist and humble supplicatione to his Maᵗⁱᵉ for keiping the orders of

the housse; to wich he condescendit.

“The housse did humblie supplicat hes Maᵗⁱᵉ that he wold not comitt

Langtone to the castle, and so dismember ther housse. His Maᵗⁱᵉ

declared, that he [had] not done it for the respecte of aney subiecte,

bot for the affront done to his auen persone, for intruding him in his

seruice without acquantlng hes Maᵗⁱᵉ therwith. After much intretey, his

Maᵗⁱᵉ wes gratiously pleassed onlie to confyne him till to morrow to

his auen chamber. So with a prayer, his Maᵗⁱᵉ returned to his palace of

Holyrudhousse to dinner.

“The croune, scepter, and suord, wer lefte in the parl: housse, in

custodey of the Lordes Constable and Marishall till the last day of the

parl: and ordained by his Maᵗⁱᵉ eurey day to be produced, and by the

Lyone K. of Armes layed one the table befor the throne.”

Baillie’s account is not less significant of the King’s feelings on

this occasion. “He spoke very graceously. The Preses and then Argyle

answered him with cordial harangues of welcome. His Majesty offered

presently, without delay, to put his sceptre to the thirty-nine Acts of

Parliament enjoined in the treaty. He was intreated, according to the

order of the house, to suspend till to-morrow; at which time he pressed

again that he might ratify the Acts. He was intreated to delay till

the return of the Commissioners, who were present at the treaty: at

last he was intreated so to do.” (Vide also Acts, vol. v., p. 362.)

The day following Balmerino was chosen President in place of Burlie—and

the King consented to defer his ratification of the Acts passed on 22d

of June 1640, till the return of the Scotch Commissioners; meanwhile,

all the incendiaries who were tangible were imprisoned in the castle,

and a variety of preparatory steps taken for energetic legislation;

and the Covenant, as a matter of course, was displayed. On the 24th of

August, the Treaty betwixt the Commissioners of both Kingdoms, ratified

in the Parliament of England, was read; and the same day another Act

of the English Parliament for payment of £110,000, of the “brotherly

assistance” at Midsummer 1642, and a similar sum in 1643, was produced.

Orders for disbanding the army, and paying it off were also issued. On

the 25th of August, the King signed the treaty with England in face of

Parliament. Next day, it was ratified as an Act, by touching with the

sceptre, and the royal sign manual—ordered to be exemplified under the

great seal—and delivered to the English Commissioners; and on the 28th,

his Majesty, with consent of the Estates, ordained the Acts, passed

in June 1640, being in number thirty-nine, to be published in his

Majesty’s name, in terms of the treaty.[284]

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 82 / 186 段