Declaration Concerning the Late Tumults in Scotland, Floating text 34 – Letter 18
THe Kings Majesty being informed, that many of his good subjects have apprehended, that by the introducing of the Service Booke and Booke of Canons, the in-bringing of Poperie and Superstition hath been intended, hath been graciously pleased to discharge, like as by these he doth discharge the Service Booke and Booke of Canons, and the practice of them or either of them: And annulleth and rescindeth all Acts of Councell, Proclamations, and all other Acts and Deeds whatsoever, that have been made and published for establishing them, or either of them; And declareth the same to be null, and to have no force nor effect in time comming.
The Kings Majestie, as he conceived, for the ease and benefit of his subjects, established the high Commission, that thereby justice might be ministred, and the faults and errours of such persons as are made liable thereto, taken order with and punished, with the more conveniencie and lesse trouble to the people: But finding his gracious intentions therein to be mistaken, hath been pleased to discharge, like as by these presents he doth discharge the same, and all acts and deeds whatsoever made for establishing thereof. And the Kings Majestie being informed, that the urging of the five Articles of Perthes Assembly hath bred distraction in the Church and State, hath been graciously pleased to take the same to his Royall consideration, and for the quiet and peace of this Countrie, hath not onelyonly dispensed with the practice of the said Articles, but also discharged all and whomsoever persons from urging the practice thereof, upon either Laicke or Ecclesiasticall person whatsoever: And hath freed all his subjects from all censure and paines, whether Ecclesiasticall or Secular, for not urging, practising, or obeying them, or any of them, notwithstanding of any thing contained in the Acts of Parliament, or generall Assembly to the contrary. And his Majestie is further contented, that the Assembly take the same so far into their consideration, as to represent it to the next Parliament, there to bee ratified as the Estates shall find fitting.
And because it hath been pretended, that oathes have been administred different from that which is conceived in the Acts of Parliament, his Majestie is pleased to declare by Me, that no other oath shall be required of any Minister at his entry, then that which is set downe in the Act of Parliament.
And that it may appeare how carefull his Majestie is, that no corruption or innovation shall creep into this Church, neither yet any scandall, vice, or fault of any person whatsoever (censurable or punishable by the Assembly) goe unpunished, his Majestie is content to declare by Mee, and assure all his good people, that generall Assemblies shall be kept so oft as the affaires of this Church shall require.
And that none of Our good subjects may have cause of grievances against the proceedings of the Prelates, his Majestie is content, that all and every one of the present Bishops and their Successors, shall be answerable, and accordingly from time to time censurable according to their merits by the generall Assembly.
And to give all his Majesties good people full assurance, that he never intended to admit any alteration or change in the true Religion professed within this Kingdome, and that they may bee truly and fully satisfied of the reality of his intentions, and integritie of the same, his Majestie hath been pleased to require and command all his good subjects to subscribe the confession of faith and band for maintenance thereof, and of his Majesties person and authority formerly signed by Our deare Father in anno 1580. and now likewise requireth all those of this present Assembly to subscribe the same. And it is his Majesties will, that this be inserted and registred in the Bookes of Assembly, as a testimony to posteritie, not onelyonly of the sinceritie of his intentions to the said true Religion, but also of his resolution to maintaine and defend the same, and his subjects in the profession thereof. Subscribitur
HAMILTOUN.
AFter the reading whereof, Our Commissioner went on, and added: I have, you see, subscribed that paper with mine owne hand, and to make his Majesties Religion, Grace, Goodnesse, and the Zeale which hee hath to settle the peace of this Church and Kingdome knowne to all succeeding generations, I doe require that it bee entred into your ordinarie Bookes of Assembly; but with this provision, That this my assent to the Act of registring this his Majesties Declaration, shall be no approbation of the lawfulness of this Assembly, or of any other Act made, or to be made in it; but that all Protestations, made or to be made against this Assembly in all other acts and proceedings thereof, shall stand in full force and effect: And of the delivery of this paper, containing his Majesties gracious offers, into the hands of the Clerke of the Assembly, and of my requiring it to be registred in the Bookes of the same, as also of my Protestation against the lawfulnesse of this Assembly in all other Acts, I take publique instruments in the hands of the Clerke of Our Soveraigne Lord his Register, and require him to make an act thereof. Which being done, the Moderatour in a short speech acknowledged Our speciall goodnesse in granting the particulars contained in the paper, promising it should be registred in the bookes of assembly, and desired to goe on with the businesse of the assembly.
But Our Commissioner told them, hee must goe on with them no more; for now the sad part was behind, viz. That since they had brought Lay-Elders to give voices in this assembly, a thing not practised before, or at least dis-used so long, that no man present had seen it; the Ministers sitting here as Commissioners were chosen by Lay-Elders, a thing never heard of before in this Church, all the persons having voices here, were before the elections designed by the Tables at Edinburgh, all others by their expresse directions barred, these few Commissioners sent hither, but not chosen according to their designation, were by their cavills, made for that purpose, set aside, and not admitted to have voices, the Bishops cyted hither were to bee judged by the very same persons who had pre-judged and condemned them at their Tables; hee attested heaven and earth, whether this could bee imagined to be any way a free Assembly, and therefore called God to witnesse, that they themselves were the cause, and the only cause why this Assembly could not have that happy issue which We heartily wished, and why the Bishops could receive no censure from them, in regard of these their sinister proceedings: for how could any man expect justice from them, who had denied it to Us, in refusing voices to Our Commissioners assessors, which was never denied to Our Royall Father, when hee called farre more assessors then Wee did now? Much more to this purpose was delivered by Our Commissioner; upon all which he commanded and required them not to proceed any further in this Assembly, and declared that whatsoever they should say or doe hereafter in it, hee in Our name protested against it, and that it should never oblige any of Our subjects, nor be reputed for an Act of generall Assembly.
The Moderatour with a speech well penned, which hee had in readinesse whensoever the Assembly should bee dissolved, seemed much to deplore Our Commissioners resolution for breaking up the Assembly; hee attributed very much to Our power in Ecclesiasticall causes and assemblies, said many things of Our power, quite contrarie to much which they have since printed in their seditious Pamphlets and Protestations, and much more then was liked and approved by many of his fellow-Covenanters: towards the end of his speech he affirmed, That We were Universall Bishop over all Our Kingdomes, &c. which made Our Commissioner use meanes to have the copie of his speech, but it could not be obtained while it was fresh in the auditors memories: Many daies after Our Commissioner was gone from Glasgow, a copie of it was sent him, but all that which concerned Our Ecclesiasticall power, especially of Our being Universall Bishop in Our Kingdomes, was quite left out; by which it was plaine, that (as it was before conjectured) hee had displeased many of the Assembly, by giving more Ecclesiasticall power to Us in that speech, then they intended Wee should ever have. The conclusion of his speech was, That as Our Commissioner had served his Master carefully and faithfully, in preserving his Priviledges and Prerogatives, so they must needs likewise be faithfull and carefull in preserving the Priviledges and Prerogatives of the kingdome of the Sonne of God, which was his Church; That they should much grieve for his absence, whose presence had beene so acceptable and comfortable to them, and who had carried himselfe among them with so much wisdome and moderation; that they should have a great misse of him, with many more words, tending to the very high commendation of Our Commissioner.
After the Moderatour, divers of the Lords spake much, to vindicate the Covenanters from their prelimitations and sinister dealings in their elections: But Our Commissioner presently choaked their confidence, with the production of two papers, which they little supposed he had ever seene: They contained their secret instructions, with which the whole Tables were not acquainted, for they must then of necessitie some way or other have come to the knowledge of all the covenanters, very many of whom by these secret orders were barred from being chosen commissioners to the assembly, as well as the Non-covenanters; and therefore they fearing to lose or displease such a considerable number of their owne partie, did by these private advertisements (contrived onelyonly by the chiefe Rulers of the Table, but never presented to the Tables themselves) take order that none who could fall within the suspition of moderation, should bee chosen commissioner for the assembly.
The one of these papers was directed to one Lay Elder of every Presbyterie, some speciall confident of theirs, containing these nine Articles ensuing.
BEcause all projects and purposes will faile, if they be not pursued with constant diligence to the end, the Devill sleeps not, and we heare our adversaries are busie, and our miserie will be unexpressible great, and we *We desire the Reader to observe, that they were affraid of being overthrown in a free generall Assembly, and therefore they tooke a course by these private instructions to prevent all freedome in the Assembly, and to make sure that none should be chosen a member of it, but such of whom they were sure.ludibrious if they shall prevaile over us in a free generall Assembly, for which we have been pleading so long; it were meet that so farre as may be a new warning should be given, to stirre up the best affected.
2 That every Nobleman be diligent with the Barons and Ministers neerest unto them, and that he write unto his best acquaintance, who are farre off.
3 That some one Minister and Gentleman in every Presbyterie meet oft together, to resolve upon the particular Commissioners to be chosen, and use all diligence with the rest of the Ministers and Gentlemen that such may be chosen.
4 Because nothing will avail so much for our purpose, where the most part of the Ministers are disaffected, as that the Gentlemen be present to vote in Presbyteries, it would be presently tryed whether this be put in execution; and if the Minister be slow in urging it, the Gentlemen themselves to urge it, and put themselves in possession.
Our adversaries in this cause are seeking their owne ends, and will set our friends on worke to deale with us; all would be warned to shut their eares, and in this case to forget parents, brethren, and friends, and without respect to any person, to doe what may most conduce for our good ends.
Much will be pretended that the Bishops be limited, They will be harmlesse in time comming; and on the other hand, that Ministers having all in their power will prove unruly: but it would be seriously considered, First, That Gods ordinance (except that we will mocke him, and be wiser in his errands then himselfe) should have place: Secondly, That Ministers will be constrained to keepe themselves within bounds, if Gentlemen resort to the Presbyteries, Synods, and Assemblies: Thirdly, That this order will both make Gentlemen more religious and more accomplished every way, and will make Ministers more diligent in their studies and calling, and take better heed to all their wayes; which no doubt will (through the blessing of God) make this a flourishing Church and Kingdome, which otherwise, of all nations will be most slavish, miserable, and contemptible to all our neighbours, when they shall perceive how by our owne sillinesse and treachery we have lost so faire an occasion of our liberty, both christian and civill.
That they linger not, they would be urged againe to send their Commissioners to Edinburgh before the first of October; by this we shall know our owne strength the better at our next meeting.
And the Gentlemen, at the least the greatest part of them, would be warned to be at Edinburgh the 20. of September; and that onelyonly the Gentlemen who are named Commissioners to the Presbyterie, for chusing their Commissioners for the Assembly, with some to assist them, that day stay at home, and those to come away immediately after the election.
That in every Presbyterie there be a particular care taken of the informations against the Prelates for instructing our complaints.
THe other paper was directed to some Minister of every Presbyterie, in whom they put most speciall trust, containing these eight Articles ensuing.
Private Instructions, August 27. 1638.
THese private Instructions shall be discovered to none but to brethren well affected to the cause.
Order must be taken that none be chosen ruling Elders but Covenanters, and those well affected to the businesse.
That where the Minister is not well affected, the ruling Elder be chosen by the Commissioners of the Shire, and spoken to particularly for that effect.
That they be carefull no Chapter-men, Chappell-men, or a Minister Justice of Peace, bee chosen, although Covenanters, except they have publikely renounced or declared the unlawfulnesse of their places.
That the ruling Elders come from every Church in equall number with the Ministers, and if the Minister oppose, to put themselves in possession notwithstanding any opposition.
That the Commissioner of the Shire cause conveene before him the ruling Elder of everie Church chosen before the day of the election, and injoyne them upon their oath, that they give vote to none but to those who are named already at the meeting at Edinburgh.
That where there is a Nobleman within the bounds of the Presbyterie, he be chosen: And where there is none, there be chosen a Baron, or one of the best qualitie, and he onelyonly a Covenanter.
That the ablest man in everie Presbyterie be provided to dispute de potestate supremi Magistratus in ecclesiasticis, praesertim in convocandis Conciliis, de Senioribus, de Episcopatu, de Juramento, de Liturgia, & corruptelis ejusdem.
NOw both these were so closely carried, that the rest of the covenanting Ministers never suspected there had beene any other instructions, save the two publicke and avowed papers before related; nor would they ever have suspected any such close and double dealing, but that when they came to their elections, they found for the most part the ablest and most experienced Ministers passed by, and onelyonly the rigidest and hottest men chosen; which made them (inquiring after the reason of it) come to heare of these private Instructions, at which they stormed exceedingly, but could not then helpe any thing. And now whether these two papers doe not containe prelimitations of the assembly, a thing against which they most fearfully cryed out, We leave it to the judgement of the Reader.
The Moderatour and some Noblemen lay Elders, went about to cleare themselves from the notice of these two papers of the secret instructions, but could not doe it: Our Commissioner when he delivered them to the Clerke to be read, told him, That surely they were papers which he had seene before, and with which he was well acquainted: The former of these, to a lay Elder of every Presbyterie, in which is that seditious Article, being the sixt in number (intimating their feare of the losse of their Civill libertie as well as Christian) he acknowledged he had seene; but denied that he had seene the other. One of the principall covenanting Lords affirmed, That these Instructions were not sent from the Tables, but that they might bee some private advices from one friend to another; for proofe whereof, hee offered to produce the two papers of publique Instructions which had beene sent from their Tables, and which are set downe before by Us in this Narration. To this Our Commissioner answered, That the sending of these publike instructions, of which all the Kingdome had notice, was a weake argument to prove that they sent no other private ones; That he acknowledged these private instructions were not sent from their publike Tables, but he offered to prove that they were sent to the severall Presbyteries by the direction of some of the principall rulers of the Tables, who laboured by all meanes to conceale them from the rest of their partie, who they were sure would take offence at them: That they were sent from one friend to another by way of private advice, he declared to be impossible for these two reasons; First, because it could not bee imagined that severall men, writing to their private friends, should light upon the same words, and yet that the copies of these instructions sent unto him Our Commissioner from many parts of the Kingdome, very farre distant one from another, were the very same: Secondly, because he and every man did finde that all the elections now returned, were made throughout the whole Kingdome according to these private instructions, and in pursuance of them: And, that these private instructions were undoubtedly sent, besides the two reasons last mentioned, it doth evidently appeare; First, because it is well knowne, that they who had never yet let any thing slip which they thought was advantagious to them, would not have let this passe unquestioned, but would have required Our Commissioner to prove the truth of these secret instructions, which brought so great a scandall upon their proceedings if they were not forged; and so great a scandall upon him if they were: and therefore their not urging of him to make proofe of them, doth cleerely evince their guiltinesse. Secondly, Our Commissioner, though he was loath to nominate unto them those severall Covenanters from whom he received copies of these secret instructions, unlesse he were put to it; yet hee hath upon his Honour protested unto Us, that he received them onelyonly by the meanes of Covenanters, who found themselves aggrieved by these sinister dealings, and that hee will justifie the receipt of these papers from them whensoever he shall be put to it, as he would have done in the Assembly if hee had beene urged therunto; which he expected they would have done, but did not, because they knew there were divers members of the Assembly there present, who were well acquainted with the truth of what hee had delivered concerning these secret instructions. Thirdly, because in their protestation made against Our last Proclamation, they have confessed some of them, which were not in either of their publike instructions, and which never came to Our Commissioners notice, but by these private papers.
After this, first divers of the Lords, and then some of the Ministers, intreated Our Commissioner to stay, adding many words both to that purpose, and for justifying their proceedings. To the Lords our Commissioner answered, That for many monthes, onelyonly their Tables had been obeyed, but that Wee and Our Councell Table had received no obedience at all; he was therefore now to try their obedience in this point, whether they would dissolve themselves at our speciall commandement. To the Ministers he replied, That one of the chiefe reasons which had moved Us to dissolve this Assembly, was, to vindicate them from the tyrannie of Lay-Elders, who as they had gone about to suppresse the Bishops, so now to oppresse them; and, if Wee did not protect them, would undoubtedly prove, not onelyonly ruling but over-ruling Elders: And withall added, That if they would now depart he would be a suitor to Us for the indiction of a new free generall Assembly, in which they might mend all the faults committed by them in their proceedings at this.
Here the Earle of Argyle, one of our Councellers and Assessors to Our Commissioner, desired to speak: his voyce was low, his speech he directed to the Covenanters; the summe of it was, That he was surprised, and did not expect this sudden rupture, but that he was willing to say something, which was, That he held it fit the Assembly should consist of Lay-men as well as Church-men; because these two made up one complete body, exhorted them to stand by the Confession of Faith, as it was sworn in 1581. After he had done, Our Commissioner desired the Moderatour to say prayer, and so to dismisse the Assembly; which he was about to doe, but was hindered by the Lords, who fell againe with new perswasions to urge Our Commissioners stay with them: which he answered with so much expression of griefe for there misdemeanours, which had necessarily inforced this rupture, that verie many of the Assembly seemed to be much moved with it. When nothing could perswade his stay, at last some of the Lords told him, that fearing this rupture they had a protestation ready against what he had said and done, which they desired him to heare read; which so soone as the Clerk begun to read, Our Commissioner repeated his former protestation, adding, in expresse words, that in Our name hee dissolved the Court under the higest paines: and so came out with the Lords of Our Councell, leaving the Clerk reading their protestation. When he came to the Church doore, he found it shut, so that some of his company were glad to force it open.
No sooner was he gone, but the Lord Areskyn, eldest son to the Earle of Marr, stood up and made this wise speech, not without teares: My Lords, and the rest, my heart hath beene long with you, I will dallie no more with God, I begge to bee admitted into your blessed Covenant, and pray you all to pray to God for me, that he would forgive me for dallying with him so long. Three others of meaner qualitie desired the same, and so all those foure were presently admitted into their Covenant. These men, at least the Lord Areskyn, were resolved to enter into their Covenant long agoe, but were reserved on purpose for doing of it at that houre, for the greater glory of their Covenant: For no sooner had they sworn, & the Moderator received them by the hand, but presently he desired the whole audience to admire Gods approbation and sealing of their proceedings, that even at that instant, when they might have feared some shrinking and back-sliding because of the present rupture, He had moved the hearts of these men to begge admittance into their blessed societie.
Immediatly after, divers stood up and spake, but all much about one, and to this sense: They had seene how carefull and punctuall Our Commissioner was, like a good servant, faithfully to serve Us his Master, and to observe Our instructions (speaking withall much to his singular commendation;) how much more then ought they to be carefull to bee found faithfull in following his instructions, who was Master, as to all themselves, so even to him who was Our Commissioners Master? These speeches being ended, two things were immediately put to the question: First, whether notwithstanding Our Commissioners departure and protestation they would adhere to their owne protestation, and continue the Assembly. They all voyced affirmatively, except the Lord Carnaegie Commissioner from the Presbyterie of Brichen, Sir John Carnaegie Commissioner from the Presbyterie of Arbroath, two Ministers Commissioners from the Presbyterie of Strabogie, the lay Elder and Ministers Commissioners from the Presbyterie of Peebles, Doctor Strang Principall of the Colledge of Glasgow, Doctor Baroune Commissioner from the Universitie of S. Andrewes▪ with some others, who refused to sit with them any longer. The second was whether the Assembly, though discharged by Our Commissioner, was competent Judge to the Bishops, and whether they would goe on in their tryall, notwithstanding the reasons conteyned in their Declinator: and this passed affirmatively without one contrarie voyce; and so for that night the Assembly was dismissed.
Our Commissioner after he had left the Assemblie, that very night, though late, assembled Our Councell; none were absent except the Earle of Argyle, who made some excuse and pretence for his not comming, and the Lord Almond, who was then sick. Two things Our Councell resolved on; first, to write unto Us a letter of thanks for those gracious proffers, which Wee by Our Commissioner had made at the Assembly; Next, to draw up a Proclamation for the dissolving of the Assembly. Their Letter here followeth.
Most Sacred Soveraigne,
IN obedience to your Majesties Royall commands, we have attended your Majesties Commissioner here at Glasgow since the 17. of this instant, and according to our bound dutie in so exigent occasion, have not been wanting with our humble and best advices: And although wee doe remit the particular relation of what is past to his Graces selfe as best knowne to him; yet we cannot for truths sake be so silent, as not acknowledge to your Majestie, that never servant did with more industry, care, judgement and patience goe about the discharge of so great a trust: And albeit the successe hath not answered his desires, neither yet his extraordinarie paines, and (as wee may confidently affirme) most dexterous and advised courses taken to compasse the just command of so gracious a King; yet his deserving herein merits to be remembred to posteritie. And since your Majesty hath been pleased to renew to us your former act of grace expressed in your Proclamation and Declaration anent the maintenance of the true Religion, and we in the defence and profession thereof; wee doe all in humilitie and hearty acknowledgement of so great goodnesse, returne to your Majesty the offer of our lives and fortunes in defence of your Sacred person, and maintenance of your Royall Authority: and shall in all our actions approve our selves your Majesties most loyall subjects and humble servants.
Sic subscribitur. Traquaire, Roxburgh, Marre, Murray, Lithgow, Perth, Wigtoun, Kingorne, Tullibardin, Haddington, Galloway, Annandaile, Lauderdail, Kinnoul, Dumfreis, Southesk, Angus, Elphinstoun, Naper, Dalyell, Hay, W. Elphinstoun, Ja. Carmichael, Hamiltoun, Blackhall. From Glasgow, Novem. 28. 1638.
TO this Letter the Lord of Argyle refused to set his hand. Next morning the Proclamation was signed by Our Commissioner and Councell, but the Earle of Argyle refused to signe it, as before hee had done the Letter. The Proclamation here followeth.