Declaration Concerning the Late Tumults in Scotland, Letter 14
My Lord,
I Have received a Letter this day signed by your Lordsh: and sundry other Noblemen, making mention, that one John Wilson Skipper, being on his way from Holland hither, was searched by one of his Majesties small ships. This is no new nor unaccustomed thing; for commonly the Captains of his Majesties ships during the time of being at sea, doe take notice what the loadings of all such ships are, as they meet with, who trade in the Channell; it being a prerogative that belongs to his Imperall Crown▪ I am perswaded that your Lordsh: and the rest of my Lords cannot thinke, but if his Majestie had been desirous to have made stop of importation of Ammunition into this Kingdome this time past, but it would have been an easie matter for him to have effected; but so little hath he regarded this, as he hath not so much as taken notice of it: And yet it were no strange thing, if his Majestie should give direction to cause examine for what end so great store of Ammunition is imported into this Kingdome, and a little more narrowly to looke into our actions; when, by I know not whom, there hath been so much notice taken of such Ammunition, as his Majestie hath thought fit to send hither. For notwithstanding that your Lordsh: sayes we are made secure by the hopes of obtaining from his Majestie these remedies that can fully settle this Church and State, yet I may say courses are taken to put feares in his Majesties good subjects minds, by perswading of them that no such thing is intended: This does too too manifestly appeare by the watching and guarding his Majesties Castle, and many other courses; but of this I will write nothing, my intention being only to returne answer of what is writ to me: And therefore for your Lordsh: satisfaction I shall acquaint his Majestie with the contents of your letters, who will no doubt give such directions therein, as his good subjects will have no just cause of complaint: Whereas you have been pleased to say, that you have been assured by me, that you should receive no such hard dealing, during the time of my imployment; let mee desire you to consider this aright, and you will find it none; for neither was that ship stayed from proceeding in their intended voyage, nor any thing taken from them: nor needs your Lordsh: to doubt that his Majestie will doe any thing (except our owne indiscretion provoke him) that may make appear to the world that he makes a difference betwixt us of this Nation and his other subjects. Bee confident, my Lord, that my endevours have, and doe tend to no other end, but to the glory of God, the honour of his sacred Majestie, and the preserving from ruine this poore distracted Kingdome; and that I have and shall labour to prevent all such accidents as may breed the least stop or hinderance of this wished event, which I hope and am confident that your Lordsh. and all those noble Lords who have signed this Letter to me, will take the same to heart; and then certainly you will not be so easily moved with such light and sleight reports: Nor will your Lordsh: thinke that either you or I can bee wounded by the order and command of so pious, mercifull, and so clement a Prince as is our dread Soveraigne, who hath showne himselfe to be so full of goodnesse, as we must of all men living prove the worst, if we be not thankfull to God, and him for it. This my letter your Lordsh: will be pleased to communicate to the rest who have writ to me, and esteeme of me as
Hammilt. 24. Sept. 1638. For the Earle of Rothees. Your Lordships humble servant, Hammiltoun.
WIth his answer they were so far from being satisfied, that to answer this affront (as they did interpret it) for searching a Ship of that Kingdome at sea, they resolved to put a greater affront upon Us, by increasing their Guards about Our Castle of Edinburgh: In Fyfe, they gave order for a Communion throughout their Churches, at which they made every one to sweare that they should not subscribe Our Confession and Covenant, nor any other but their owne, which they swore againe de novo; especially to stand to that part of it which concerneth mutuall defence against all persons whomsoever. They gave generall order for the Fast to bee kept on the fourth of November, being Sunday, neglecting the day designed in Our Proclamation, which was the Wednesday following, and the seventh of that MonethMonth.
Our Commissioner seeing these contempts daily to increase, and hearing that they had appointed the Communion to bee celebrated at Edinburgh, sent for the Provost and Magistrates, and inquired of them these particulars: First, whether at their Communion (which was to be celebrated the two next Sundaies following) it was intended, that the like oath should bee taken with them, as had been taken in Fyfe: Secondly, whether they intended to keep the Fast-day designed by Us in Our Proclamation, and according as they had lately since been required to doe, by an order sent from Our Councell to them for that purpose: Thirdly, what order they had taken with those, who had the day before reviled and abused Doctor Eliot while he was preaching in the Pulpit. That he had sent for them, because he had found those few Ministers, by whom they were ruled, to bee unreasonable men, and despisers of Authoritie. To the last, they promised that they would make a discoverie of the offenders, and see them punished; which they never did: For the first, they thought it most unreasonable that any oath should be ministred as it was in Fyfe: For the second, they thought it most reasonable that Our Fast-day should be kept but before they could give a full answer, they must first conferre with their Ministers; at their meeting with whom, they found that the Ministers had intended that barbarous oath at the Communion, and not to keep Our Fast-day more then other Churches in the countrie had done: yet the Magistrates did with much perswasions over-rule them in both. Our Commissioner did resolve with great solemnitie, attended with all Our Councell and Judges, to keep that Fast in the great Church of Edinburgh, on the day appointed by Us, and gave notice thereof to the Magistrates; who returned him thanks, and assurance of welcome; But understanding that they were resolved to discharge the ordinarie Ministers of that Church, from preaching there that day, onelyonly because they were Non-covenanters, and had appointed their places to be supplied with the two onelyonly Covenanting Ministers of their Towne, he sent for the Magistrates againe, telling them, That he could not come to their Church, and countenance so great a disorder as the displacing of the two Preachers of that Church, onelyonly because they were faithfull subjects to Us; nor durst heare these two Preachers designed by them, who in their Pulpits did ordinarily inveigh against Us and Our authoritie: Unlesse therefore hee might either nominate the Preachers, or heare the ordinarie Preachers of that Church, he must not come thither. The Magistrates did what they could to perswade with their Ministers; the one of them was contented with Our Commissioners desire, but the other was so obstinate, as he would no way hearken to it; and him (being so powerfull with the people) the Magistrates durst not offend: and so Our Commissioner, with Our Councell and Judges, were necessitated to keep Our Fast at another Church hard by Our Palace. Now Wee desire the Reader to observe, how the Heads of the Covenanters were affraid that any shew of obedience should bee yeelded unto Us by Our people in the least point, they having ordered, that in most places of the Kingdome, the day designed by Us for the Fast should not be observed; certainly, onelyonly because it was commanded by Us, as being unwilling that Wee, (whom they had given out to Our people for an Innovator in Religion, and an Introducer of Poperie) should be thought by them to have any care of so religious an exercise as a solemne Fast; And how that in Edinburgh, though the Magistrates by their earnest intreatie had procured the observation of it, yet they could not obtaine it without putting a speciall affront upon authoritie, by displacing of those Ministers who had continued in loyaltie and obedience to Us.
But these were nothing to their other violences, whereby they would have Our Commissioner take notice that it was impossible their proceedings at the Assemblie should bee pleasing unto Us: For not onelyonly in many of their Pulpits did they preach, That whosoever subscribed Our Covenant, were perjured and villaines, but when some affirmed the contrarie, and reproved the Preachers for such furious speeches after their Sermon was ended, they were cited before their Presbyteries for so doing, and threatned with excommunication: Nay, more then so, there were few Ministers of the Kingdome, not subscribers of their Covenant, whom they did not presently processe and cite before their severall Presbyteries; and notwithstanding their Appeales to the Generall Assemblie then approaching, yet they would not shew so much patience, but proceeded to present most illegall, and unwarrantable suspending of them, and other censures, as best pleased them; which being complained of to Our Commissioner and Councell, could finde no redresse, although they sent many times to the Covenanters, requiring them to forbeare all such unjust proceedings, and to referre the triall of these oppressed Ministers causes to the Generall Assemblie, which was now at hand.
None were so insolent as the Presbyterie of Edinburgh; for they presently put verie many of their Ministers under processe: They begun with one Master David Michell Minister of Edinburgh; Our Commissioner wrote earnestly to that Presbyterie, to forbeare proceeding against him untill the Assemblie, to the which hee had appealed, and where his cause might have a full and faire triall; which they not only most unjustly rejected, but were so unmannerly, as they did not vouchsafe to answer his Letter, either by message or otherwise: The next Presbyterie day he wrote to them againe to the same purpose, but with the like successe; for they proceeded without taking notice of his Letter, or returning any answer to it, although in that second Letter he had desired them, either to delay their proceedings that day, or else to send one or more of their number to him, (being then hard by at Our Palace at Holy-rood-house) who might shew him some reason why they could not stay so long as untill the Assemblie, which was now so neere approaching. Our Commissioner wondring at this contempt, by the advice of some of the principall Lords of Our Councell, sent for an Officer of Our Councell, and directed him to them with an ordinarie warrant drawne up in an ordinarie forme by the Clerk of Our Councell, requiring them in Our name, under paine of Our high displeasure, and as they would answer the contrarie at their utmost perill, to desist from any further proceeding in that cause untill the Generall Assemblie; to which the Defendant had appealed, and which was to begin within foureteene dayes: This warrant was delivered unto them by the Officer of Our Councell, in whose audience it was read, and when hee required an answer to it, hee received none, but in highest contempt of Our Crowne, Dignitie, and Royall commandement, and against all rules of Justice (the Appellants appeale to the superiour Court of a Generall Assemblie, legally depending) for doctrines preached by him foure yeare since at least, and the witnesses being all Lay-men, who (besides their no extraordinarie memorie for such a time as was laid) were men of such meane and ordinary understanding, as that it was improbable, if not impossible, that they should understand the doctrines wherewith he was charged; and some of them being uncontroverted, and such as are generally received by all Protestant Churches in the world; they presently suspended him, and discharged him from the place of his Ministerie; and afterward, to make their contempt the greater, sent downe three of their number to tell Our Commissioner that they had done so, who offered to shew him reasons for their so doing: But Our Commissioner told them, That since they were not pleased to shew him their reasons before their sentence as he required, hee would not heare their reasons after their sentence as they desired. But to let passe this and many more their such unjust proceedings, against those Ministers which continued in Our obedience, in all places of the Kingdome, even when the Assemblie was readie to begin, notwithstanding these Ministers legall appeales thereunto, We shall desire the Reader to observe their proceedings in one processe, which We are confident was framed and pursued with such malice, injustice, falshood, and scandall, not onelyonly to the reformed Religion in particular, but to the Christian Religion in generall, as it cannot be paralleled by any president of injustice in precedent ages, nor (We hope) shall ever be followed in future, and which if it were known amongst Turks, Pagans, or Infidels, would make them abhorre the Christian Religion, if they did think it would either countenance or could consist with such abominable impietie and injustice.
It is their processe against all and everie one of the Archbishops and Bishops of that Kingdome: The Covenanters did indeed first desire Our Commissioner, in his owne name and as hee was Our Commissioner, to grant out processe against the Archbishops and Bishops, and thereby to cyte them to appeare as rei, or guiltie persons: To whom he returned this faire answer, That he did not hold it fit to cyte them as guiltie, of whose guiltinesse hee had no presumptions; and besides that he would be loath to do an act which should void, according to their grounds, both the Prelats places and voices in the Assemblie, they having laid it downe for a rule (though it were a false one) that parties cyted can have no suffrage there; yet if either by the Law or practice of that Kingdome, the Kings Commissioner or Commissioners did use to grant out any such processe, hee would not refuse it, being resolved to concurre with them in any course of Justice: but he hoped that they would not make Us his master, or himselfe do any act prejudiciall to the Bishops, their place and government, before they were heard, and that in the meane time for their satisfaction he would advise with some of Our Judges and Our Advocate, whether any such processe was awardable, or had usually beene awarded by Our Royall Fathers Commissioners to the Generall Assemblie, and according to their advice hee would doe that which should bee agreeable to Justice. From this answer of Our Commissioner, they expected no satisfaction to their desire; for they themselves did know as well as any Judge or Advocate in the Kingdome, that no Commissioner either could award or ever had awarded any such processe as they required: And therefore they moved Our Commissioner once againe, that he would require Our Judges or Lords of Our Session, to grant out such processe; with which request, when Our Commissioner made Our Judges acquainted, they returned him that answer which the Covenanters knew verie well they could not chuse but make, viz. That they could grant out no processe for the compeerance of any persons before them, but those who were impleaded, and whose causes were triable before them. The truth is, Our Commissioner found by inquirie, and the Covenanters knew it perfectly well, that the ordinarie way of processe or cytation to a Generall Assemblie was to passe it under the hand of the Clerk of the Assemblie, whose office is during life, if he be not legally removed, & usually too under the hand of him who was Moderator at the last Generall Assemblie; both which were then living and are so still: the name of the Clerk of the Assemblie being Master James Sandelands, an Advocate and Commissarie of Aberdene, and the Moderator of the last Assemblie, being the now Archbishop of Saint Andrewes: But they who had all this while gone on in disorderly, illegall, and unjustifiable wayes, belike thought it an incongruitie to keep the beaten path and tract of justice in any thing, and therefore they fell and resolved upon a way so unlike Justice, so repugnant to Religion and common honestie, as one would wonder how they hit upon it, having neither Law nor practise for it, which was this, They caused to be drawn up a most false, odious, and scandalous Libell against the Archbishops and Bishops, with a Petition annexed, to the Presbyterie of Edinburgh, wherein they desired the Libell to bee admitted by them; the copie whereof, as it was exhibited by them to the said Presbyterie, and afterward publikely read in all the Pulpits thereof, here followeth; which out of Our love to the Christian Religion We wish might never come to the notice of any Pagan, and out of Our love to the Religion reformed, We wish might never come to the notice of any Papist: But it cannot be concealed.