to their consideration, do finde and declare, That the Lords of
Councell, and conservers of peace, did behave themselves as faithfull
counsellors, loyall subjects, and good patriots, in tendring their
humble endeavours for removing the distractions betwixt his Majestie
and his subjects, and in calling the Commissioners for the common
burdens, and, by joynt advice, appointing the late meeting of
Convention, wherein they have approven themselves answerable to the
dutie of their places, and that trust committed to them; and therefore
ratifies and approves their whole proceedings therein, and declares the
said Convention was lawfully called, and als full and free in itselfe,
consisting of all the members thereof, as any Convention hath beene
at any time bygone; and ratifies and approves the severall Acts made
by them, or their committee, for enjoining the Covenant, appointing
of Committees, putting the kingdome in a posture of Defence, allowing
the Treaties, raising of Armies, and sending them into England,
establishing the Excise and borrowing of money, and all other Acts,
Decreets, Sentences, Precepts, Warrants, Commissions, Instructions,
Declarations, and other Deeds done by them. And also, the said Estates
of Parliament (but prejudice of the premisses, and of the generall
ratification above mentioned) ratifies, approves, and confirms the
foresaid mutuall League and Covenant, concerning the reformation and
defence of religion, the honour and happinesse of the King, and the
peace and safety of the three kingdomes of Scotland, England, and
Ireland; together with the acts of the Kirk and Estate authorizing the
same League and Covenant; together also with the foresaid articles of
treaty agreed upon betwixt the said Commissioners of the Convention
of Estates of Scotland and the Commissioners of both the Houses
of Parliament of England, concerning the said Solemne League and
Covenant, and the settling of the Towne and garrison of Berwick with
the foresaids Acts establishing the Excise and borrowing of moneyes,
respective above mentioned. And the said Estates ordaines the same
Acts, with the League and Covenant above specified, acts authorizing
the same, and the articles of treaty foresaid, to have the full force
and strength of perfect lawes and acts of Parliament, and to be
observed by all his Majesties lieges, conform to the tenors thereof
respective. Of the which League and Covenant, Acts authorizing the
same, Treaties above written, and Acts for establishing the Excise, and
for borrowing of money, the tenors follow: [As above.]
* * * * *
2. _Principal Baillie’s Journal of the General Assembly 1643, in a
Letter to the Rev. William Spang, September 22, 1643._[303]
REVEREND AND DEAR COUSIN,
It is marvelled, that your Prince is pleased so long to do nothing,
but once in a year to take a look on the enemy’s country, and return
without any attempt. But that which touches our heart to the quick, is
the lamentable case of England. The great weakening of Essex’s army by
sickness and runaways, left brave Waller to be overmastered and routed
by the Cavaliers, so amused Bristol, that either through treachery or
cowardice, that great and most considerable city was delivered. This
was a terrible stroke to the parliament, that Essex, with the relicks
of his army, remain in and about the city. The country for the most
seems to be abandoned. We know what may hinder the King to come near.
It seems that Manchester and Waller, with their new army of citizens,
will fight, if the Cavaliers come to assault or beleaguer the city.
Their mistrusts and slowness have undone them, if God work not wonders.
The few Lords that made their upper house have been their wrack, when
Northumberland and Sey have given them cause of jealousy in whom they
could confide. For the present the parliament-side is running down
the brae. They would never, in earnest, call for help till they were
irrecoverable; now, when all is desperate, they cry aloud for help: and
how willing we are to redeem them with our lives, you shall hear.
August 1st. Being advertised by my Lord Wariston to be in town some
time before the synod, for advisements, Mr David Dick and I came in on
Tuesday August 1st; where some few of us meeting in Wariston’s chamber,
advised whom to have on committees for bills, reports, and other
things. Our greatest consultation was for the moderator. We foresaw
great business was in hand: strangers were to be present: minds of
my brethren were exasperated. Mr Henderson was the only man meet for
the time: yet it was small credit to us, who so oft were necessitated
to employ one man: besides, the moderation would divert him from
penning such writs as seemed he behoved to pen before the assembly
rose. We were inclined, therefore, that Mr R. Blair should moderate;
but by God’s good providence, both to him and to us, he being visited
with a flux and gravel, was not able for some days to come from St
Andrew’s: therefore necessity drove us to resolve on Mr Alexander;
so much the more, as we found that very day his Majesty’s commission
was unexpectedly thrust on the Advocate. It seems the commission from
Oxford hath come to the Secretary, Lanerk, blank, to be filled with
whose name he and some others thought expedient. Sometimes Lindsay,
sometimes Glencairn, were spoken of; but both finding the impossibility
to execute the instructions to the King and country’s good liking,
refused the charge; and put in, beside his knowledge, and contrary to
his mind, the Advocate’s name: of whom they had small care, whether he
lost himself or not. The instructions were thought to be very hard; yet
the Advocate did not execute, nor name any of them to count of; for he
was so wise, and so well dealt with by his two sons, that he resolved
to say nothing to the church or country’s prejudice.
On Wednesday, August 2d, was a solemn fast for the members of the
assembly. Mr Douglas preached before noon, and Mr Henderson after,
both very satisfactorily. That same day we had our first session, in
a little room off the east church, which is very handsomely dressed
for our assemblies in all time coming when we shall have them there,
The commissions were given in: some small burghes had none: far-off
presbyteries had but one. His Majesty’s commission was read in the
the ordinary tenor. Our clerk made the ordinary exception against
the clause of the assembly’s translation with the Commissioner’s
advice. His Grace offered to get that clause so qualified as hereafter
the commission might pass without exception. This at divers times
he offered; but want of leisure, or something else, hindered the
performance. As the custom is, the moderator gave the leet of one whom
he intended, and other three, Mr William Jamison, Mr Robert Murray, and
me, whom he knew would not come in balance with Mr Henderson. When we
were removed, much din was made for addition to the leet; for divers
who knew not the secret, and considered not the necessity of the times,
intended to have had Mr James Bonner, or Mr David Lindsay, moderator;
neither whereof had been meet. To prevent their design, the leet was
framed as you hear; and when they pressed addition, it was voiced, and
carried, that notwithstanding of the assembly’s liberty to add, yet at
that time it was not expedient to make any addition, so unanimously Mr
Henderson was declared moderator. The King’s letter to the assembly
was read. The matter was very fair; remembering us of our obligations
to him, in conscience, and for the great benefits we had received;
and exhorting us to the study of peace; but the inscription was most
strange and base, “To our trusty and well-beloved Sir Thomas Hope of
Craighall, and the rest conveened with him in the general assembly,”
or such words. Notwithstanding, his Grace shewed us, that he had
warrant to declare, in his Majesty’s name, that beside all the benefits
already granted, he was willing to do all further what the assembly
conceived necessary for the benefit of religion. Argyle desired that
this might be put in writ: but presently his Grace began to eat it in:
yet promised to give in to-morrow, under his hand: but when it came, it
was clogged with prejudicial limitations, that we requested it might
be taken back, and no more memory to be of any such offer. There were
a great number of noblemen members of the assembly, the Chancellor
for Irvine; yet being debated in council, that the Chancellor behoved
to carry the purse with the commission, where-ever he appeared with
the Great Commissioner, he thought it not expedient to accept the
commission; wherefore Eglinton was put in the commission of Irvine, by
the commissioners of the presbytery there present. None of the noblemen
attended the Commissioner: at once the great commission will become
vile. They sat at our table constantly before noon; for afternoon
they behoved to keep with the states, Argyle, Sutherland, Marischal,
Eglinton, Cassils, Lauderdale, Dumfermling, Dalhousie, Buccleugh,
Queensberry, Didup, Angus, Balmerino, Maitland, Coupar, Lindsay,
Balcarras, Sinclair, Elcho, and others.
Thursday, August 3d, a commission was received from the presbytery of
the Irish army. A committee was appointed to cognosce and report, anent
the manifold and most weighty proceedings of the commissioners from the
last assembly; another for bills; a third for reports and appeals; a
fourth for examination of the provincial synod books: all which were
produced and esteemed one of the chiefest and most proper tasks of
the general assembly. All the active spirits, and most considerable
men, were distribute among these committees. I had still the favour
to be in the privy committee of the moderator’s assessors, with Mr
Robert Douglas, Mr D. Dickson, Mr S. Rutherford, Mr Gillespie, who
albeit not a commissioner, yet I found always much respected by Mr
Henderson; but Mr A. Ramsay, and the rest, Mr J. Adamson, Mr W. Colvil,
Mr J. Sharp, miskent: for myself, I did keep in this assembly, and the
former, silence, so far as I might, both in private and publick; for
the longer I live, bold and pert loquacity I like it the worse. The
visitation of the university of St Andrew’s was reported; but the work
not being perfected it was continued. Much time spent in disputation,
if the parliament’s commission should not be enervated by any addition
to their commissioners. Always Argyle undertook, the convention of
estates and parliament would well allow of any the assembly should add,
to get a ready quorum: of purpose time was spent; for we did greatly
long for the English commissioners, of whose coming we were well near
out of hope, many thinking their stay to be from the Lords denying
them a commission, and some from their policy, to make us do, of our
own selves, without their desire, what they would be at. All bills
were ordained to be given in against Wednesday next. A regret from
the north, that there was no execution of laws against excommunicate
Papists, was referred to the convention of estates. There were four
appointed to nominate preachers during the assembly. It was their good
luck to employ few of the best, the most able not being the most ready.
Friday the 4th, much was spoken for the apprehension of excommunicate
Papists. The act of parliament provides it to be on the King’s charges.
A committee was appointed to try the disobedience of Auchterarder
presbytery: upon Mr John Hume’s refusal to be one, as being party,
because one of the commission who was wronged, it was debated and
resolved, that since the commission might have themselves censured
all the disobedients, none of them might be counted parties. Wo had
an idle and needless question that day resolved. In the time of my
absence, Mr D. Dickson and I were chosen commissioners from the
presbytery of Glasgow to the general assembly; so it was like to
fall on the principal for the university. Divers bygone years he had
avowed, and half protested, that the presbytery should not have power
to chuse any member of the university. By this means he was assured
never to go commissioner but from the university, and so never on his
own charges. This we envied not; but we saw the consequent was, that
Mr D. Dickson and I, while we lived, should never more be members of
the general assembly but by his good pleasure; which we took for an
intolerable incroaching on our ministerial liberties. Of this design we
were so much the more confirmed, as, in the next college meeting, he
caused elect me commissioner for the university, miskenning the prior
election of the presbytery as null. While I peremptorily refused the
university’s commission, and did in private deal he might be pleased
either to take it himself, or permit it to fall on our vice-chancellor
Mr Zachary, both he refused, and resolved upon a course which was the
greatest despite he was able to do us in a matter of that kind. Mr
David being long grieved, that, by the backwardness of the principal,
and others, he could not get his office of dean of faculty execute as
he desired, did peremptorily, once or twice, lay down that charge: yet
all requested him to keep it, and would chuse no other. Mr R. Ramsay
and I, foreseeing the appearance of Mr Edward’s putting in that place,
if he continued in his wilfulness, had moved him to be content to
continue for one year. This much in effect we made him signify in the
university meeting. For all this, such was the principal’s pleasure,
that he will have a new dean of faculty chosen; and, passing by Mr
R. R. gets Mr Edward Wright elected, first dean of faculty, then
commissioner. This I took for a dispiteful affront; and so avowed, that
by a new visitation we would essay to have our university otherwise
ruled; for we thought strange, that the principal, at thir times,
should essay to have places filled with men who notoriously were not
only at his own devotion, such as vice-chancellor and dean of faculty,
but also otherwise minded in the publick affairs than we did wish;
such as the Marquis of Hamilton, Chancellor; the Commissar, Rector;
and his three assessors, Mr John Hay, Mr W. Wilkie, Mr G. Forsyth,
three regents; Mr D. Monro, Mr D. Forsyth, Mr W. Semple, master of
the grammar; all of his own creation, to be employed for any thing
he pleased. We did storm at this, and I most. Easily we might help
all these: but I dare not essay it; for it would be sundry of their
undoing, from which my mind in cold blood does abhor on any, but
especially on these men, my dear friends, and otherwise some of them
well deserving of their places. So, as before I did truly, by myself
and others, at the assembly at Glasgow, see to Dr Strang’s safety,
when his place was in great hazard by his great provocations, the
subscribing the petition against ruling elders, ending in a real
protestation; the subscribing of the covenant with very dangerous
limitations; the deserting of the assembly itself, after some days
sitting as commissioner; All these three being imputed to him as the
only author, did create much wrath in our nobles against him, which
yet is not forgot. My fears that the least complaint against him would
bring on him a censure which I would not be able to moderate, forced
me to be quiet; only I made the moderator propone in general, whether
university-men might be chosen commissioners by presbyteries? This
being affirmed by all, put his needless quarrel out of question. Also
I got the commission for visitation renewed with such men as I thought
fittest. This I intend for a wand to threat, but to strike no man, if
they will be pleased to live in any peaceable quietness, as it fears
me, their disaffection to the country’s cause will not permit some of
them to do.
Saturday, the 5th, your business came in. I confess we needed not,
neither Mr G. Gillespie nor I, solicit any in it: the moderator was of
himself so careful of it, both for his regard to you, and the matter
itself; as also to take that occasion by the top to banish altogether
church-burial from among us, as well of noble as ignoble persons.
This day your letter and informations were read, but delayed to be
considered for divers days thereafter; always at last unanimously you
had all you desired clearly determined.
Upon the regret of the extraordinary multiplying of witches, above
thirty being burnt in Fife in a few months, a committee was appointed
to think on that sin, the way to search and cure it. The Scots of
Ireland did petition for supply of ministers, and were well heard.
Sir John Scot’s bill, for pressing presbyteries to describe their own
bounds, was not so much regarded,
Sunday, the 6th, Mr David Dick preached well, as always, in the New
Church before noon, but little of the present affairs; for as yet men
knew not what to say, the English commissioners not being yet come.
But on Monday, the 7th, after we were ashamed with waiting, at last
they landed at Leith. The Lords went, and conveyed them up in coach.
We were exhorted to be more grave than ordinary; and so indeed all
was carried to the end with much more awe and gravity than usual. Mr
Henderson did moderate with some little austere severity, as it was
necessary, and became his person well. That day, one Abercrombie being
delate of clear murder, was ordained to be excommunicate summarily. He
had been in process for adultery. The Presbytery of Garioch, for fear
of the roan, had been too slack in it; so the man killed, in a drunken
plea, his wife’s son, who had married his own daughter. The synod of
Aberdeen was directed to censure the presbytery of Garioch for their
unhappy slackness, and the moderator of the presbytery was ordained,
immediately on his departure from the assembly, to go to the murderer’s
parish-church, and without any citation, or any delay, the fact being
notour, and the person fugitate, to excommunicate him, and to cause
intimate the censure the Sabbath following in all the churches of the
presbytery, not to be relaxed till he gave satisfaction also for the
slander of adultery.
Tuesday 8th, Wednesday 9th, and Thursday 10th, the moderator shewed,
that two of the English ministers had been at him, requiring to
know the most convenient way of their commissioners address to the
synod. It was thought meet to send some of our number, ministers and
elders, to salute and welcome them. Mr R. Douglas, Mr G. Gillespie,
my Lord Maitland, and I, were named; therefore we resolved, their own
order of address whereby they admitted our commissioners to their
parliament, should be fittest; that their access to the assembly,
as private spectators, should be when they would; for which end a
place, commodious, above in a gallery, was appointed for them; but as
commissioners, their access should not be immediately to the assembly,
but to some deputed to wait on them, who should report from them to
the assembly, and from it to them, what was needful. So to us four
were joined other four, with the moderator, Mr D. Dickson, Mr S.
Rutherford, my Lord Angus, and Wariston, a committee of nine. The
convention of estates used the same way of communication with them,
naming for a committee, Lindsay, Balmerino, Wariston, Humbie, Sir
John Smith, Mr Robert Barclay. When we met, four gentlemen appeared,
Sir William Armin, Sir Henry Vane younger, one of the gravest and
ablest of that nation, Mr Halcher, and Mr Darley, with two ministers,
Mr Marshall and Mr Nye. They presented to us a paper introduction,
drawn by Mr Marshall, a notable man, and Sir Harry, the drawers of all
their writs; also their commission from both Houses of Parliament,
giving very ample power to the Earl of Rutland, Lord Gray, and these
four, to treat with us, and to the two ministers, to assist in all
ecclesiastick affairs, according to their instructions given or to be
given, or to any four of them; also they presented a declaration of
both houses to our general assembly, shewing their care of reforming
religion, their desire of some from our assembly to join with their
divines for that end, and withal our assembly’s dealing, according to
their place, for help from our state to them; likewise a letter from
their assembly to them, subscribed by their prolocutor Dr Twisse, and
his two assessors, Mr Whyte and Dr Burgess, shewing their permission
from the parliament to write to us, and their invitation of some of us
to come for their assistance; further, a letter, subscribed by above
seventy of their divines, supplicating, in a most deplorable style,
help from us in their present most desperate condition. All these
pieces, I think, you shall have in print. Few words did pass among
us. All these were presented by us to the assembly, and read openly.
The letter of the private divines was so lamentable, that it drew
tears from many. It was appointed, that the forenamed committee should
make ready the answers for all, to be presented to the assembly with
all convenient speed. Above all, diligence was urged; for the report
was going already of the loss of Bristol, from which they feared his
Majesty might march for London, and carry it. For all this, we were not
willing to precipitate a business of such consequence. Our state had
sent up Mr Meldrum; we expected him daily, with certain information,
as indeed he came within a few days; and then we made all the haste we
might. There was in the moderator’s chamber a meeting sundry times of
the prime nobles, and some others, where I oftentimes was present. I
found, however, all thought it necessar to assist the English; yet of
the way there was much difference of opinions. One night all were bent
to go as ridders, and friends to both, without siding altogether with
the parliament. This was made so plausible, that my mind was with the
rest for it; but Wariston has alone shewed the vanity of that motion,
and the impossibility of it. In our committees also we had hard enough
debates. The English were for a civil league, we for a religious
covenant. When they were brought to us in this, and Mr Henderson had
given them a draught of a covenant, we were not like to agree on the
frame; they were, more than we could assent to, for keeping of a door
open in England to Independency. Against this we were peremptor. At
last some two or three in private accorded to that draught, which all
our three committees, from our states, from our assembly, and the
parliament of England, did unanimously assent to. From that meeting it
came immediately to our assembly; in the which, at the first reading,
being well prefaced with Mr Henderson’s most grave oration, it was
received with the greatest applause that ever I saw any thing, with
so hearty affections, expressed in the tears of pity and joy by very
many grave, wise, and old men. It was read distinctly the second time
by the moderator. The minds of the most part was speired, both of
ministers and elders; where, in a long hour’s space, every man, as
he was by the Moderator named, did express his sense as he was able.
After all considerable men were heard, the catalogue was read, and
all unanimously did assent. In the afternoon, with the same cordial
unanimity, it did pass the convention of estates. This seems to be a
new period and crisis of the most great affair which these hundred
years has exercised thir dominions. What shall follow from this new
principle, you shall hear as time shall discover.