The annals of King James and King Charles the First ... containing a faithful history and impartial account of the great affairs of state, and transactions of parliaments in England from the tenth of King James MDCXII to the eighteenth of King Charles MDCXLII : wherein several material passages relating to the late civil wars (omitted in former histories) are made known.

An Act Confirming the King's Majesties Royal Power over all Estates and Subjects within this Realm.

FOrasmuch as some Persons being lately called be∣fore the King's Majesty and his secret Coun∣cil, to answer upon certain Points to have been en∣quired of them, concerning some Treasonable, Sediti∣ous, and Contumelious Speeches uttered by them in Pulpits, Schools, and otherwaies, to the disdain and reproach of his Highness, his Progenitors, and present Council; contemptuously declined the Judgment of his Highness and his said Council in that behalf, to the evil example of others to do the like, if time∣ly remedy be not provided: Therefore our Sovereign Lord, and his three Estates assembled in this present Parliament, ratifieth and approveth, and perpetually confirmeth, the Royal Power and Authority over all Estates, as well Spiritual as Temporal, within this Realm, in the Person of the King's Majesty our So∣vereign Lord, his Heirs and Successors: And also, sta∣tuteth and ordaineth that his Highness, his Heirs and Successors, by themselves and their Councils, are, and in time to come shall be Judges competent to all persons his Highness Subjects, of what estate, degree, function, or condition soever they be of, Spiritual or Temporal, in all matters wherein they, or any of them shall be ap∣prehended, summoned, or charged to answer to such things as shall be inquired of them by our said Sove∣reign Lord and his Council. And that none of them which shall happen to be apprehended, called or summoned to the effect aforesaid, presume to take in hand to decline the Judgment of his Highness, his Heirs and Successors, or their Council in the premises, under the pain of Treason.

THeir sixth Protestation is nothing but a Re∣petition of that which they have said so oft, even unto tediousness: In their seventh and last, they bewray an unexempled boldness, in avow∣ing their confidence of his Majesties approbation to the integrity of their hearts, and peaceable∣ness of their ways and actions all this time past, when in their own Consciences they do know, that his Majesty did hold and detest their ways and actions, as most unpeaceable and seditious.

And now having taken a short survey of this their Protestation, we Appeal to any man, who shall compare it with the Kings Declaration, whe∣ther his gracious Proclamation, against which they protested, did not rather deserve an humble and hearty acknowledgment of his many Graces and Favours towards them, with a joyful and submissive acceptation of them, than first to be traduced to the people before it was made, for a Proclamation tending to the utter ruin and sub∣version of the Religion and Laws of that Church and Kingdom; and then afterward to be encoun∣tred in publick with such an impudent, insolent, seditious, and sensless Protestation; and lastly, after all this, to be railed at in their Pulpits, and the People made to believe, that that part of it which required Subscription to their own Con∣session of Faith, but lately sworn and subscribed unto by themselves, was a device of the Devil, and hatched in Hell, as shall appear by that which followed?

For the next day, being Sunday, all the Pulpits of Edenburgh, nay, and many places where there were no Pulpits (for they heard Sermons in many Halls, and other profane and common places) did ring with bitter invectives and declamations against this the King's gracious Declaration, e∣specially against that part of it which they con∣ceived would be most satisfactory to his People, and prove a special Antidote for expelling that Poyson which they had made them swallow, con∣cerning his declining from the Reformed Religi∣on, and inclining to Popery, viz. the Subscripti∣on to their own Confession of Faith now com∣manded by him: For, they branded it so with most hideous and horrible names of the very depth and policy of Satan, that the common Peo∣ple, who were well perswaded of the Piety of their Preachers, could not chuse but imagine that there was some wickedness in it, which their Preachers could and did dive into, though they did not. One Preacher in his Sermon prayed God to scatter them in Israel, and to divide them in Jacob, who were the Authors of this scattering and divisive Counsel. Another Preacher in his Pulpit told his People, that the urging of this Sub∣scription, was an Italian and a devillish device, first to make them renounce God, and perjure themselves, and then afterward there was an in∣tention to destroy their Bodies; and so that this Subscription imported no less than the destructi∣on both of their Bodies and Souls. These and many more such false fears suggested, first from two of the Preachers of Edinburgh, and from them transmitted to their Fellows throughout the Kingdom, did work so strongly with the good but simple and seduced People, as that they were wrought unto a Perswasion, that this Sub∣scription to their own Confession of Faith, com∣manded by the King, for removing that false opi∣nion which their Leaders had put into their heads of his inclination to Popery, was of a far deeper reach, and of more dangerous consequence, than if he had been inclined to Popery indeed; still ad∣ding,

That if they did subscribe it now by his Authority, it could receive no acceptation at God's hands, God rejecting any service done to him by constraint (it being very familiar with them at these times to term obedience to authori∣ty constraint) but when they subscribed it volun∣tarily, or by the perswasion of their Leaders, then it was acceptable to God; and, if they durst have used such a Popish word, no question they would have added, Meritorious: And thus you see, with what undutifulness his Majesties gracious Decla∣ration was entertained.

Yet it was not so received by all: For, First, all the Lords of the Council (amongst whom were some, who never seemed to be satisfied before) were so fully satisfied, and so much over-joyed with this his gracious Declaration, that they did condemn and utterly detest this odious Protestation of the Covenanters; whereupon the Councils Letter of thanks and proffer of service was sent to the King, as was before declared.

Next, the greatest part of the Ministers of that Kingdom did rest satisfied with it; as shall be made evident if it come to trial: But this is most cer∣tain, that the Ministers Assembled at Edenburgh that morning at the Gray-Friars-Church by the name of the fourth Table, or Table of the Ministers ordina∣rily resident at Edenburgh all this time, for atten∣dance upon the business of the Covenant, being sent unto by the other Tables, and desired by them to send some of their number up to the great Com∣mittee of all the Tables, to joyn with them in a Protestation which was to be made that afternoon against the King's Declaration, which then they expected would be proclaimed; the Ministers re∣turned this answer by their whole voices (not above two or three at the most dissenting,) That they would not agree to any Protestation which should be made against the Kings gracious Declara∣tion, unless it should be sent down unto them, that it might be throughly advised upon; especially considering that they had heard so much of the contents of that the King's Declaration, import∣ing the removing of their grievances which occasi∣oned their Covenant, that they could not conceive the necessity of any Protestation. Which answer being turned to the other Tables, did so trouble them, that they sent a second message to them, in∣treating them presently to come up to St. Gyles Church, and to sit there, that so being in a place of a near distance from their great Committee, they might the more easily consult with them. Thither they came, and staied a great while, but heard no∣thing from the Committee, who it seems were much distracted and puzzled about the penning of their Protestation, and had certain Ministers with them (especially Rollock) at that consultation, who were not deputed by the Table of Ministers to be present at it; and having stayed in that Church until near one of the Clock in the afternoon, dis∣solved themselves, took their leaves one of ano∣ther, and resolved not to meet until the next week, many of them going home presently towards their own Country Churches, where they were to Preach the next day, being Sunday; and at their parting they deputed none to join with the Committee from the other Tables, either to consult about, or to assist at any Protestation which should be made against this the King's gracious Declaration: And all this was averred by divers Ministers then pre∣sent, before divers of the Lords of the Council, and other persons of special rank and quality, who likewise would have averred it before the last pre∣tended General Assembly, if they durst have done it without running the hazzard of their fortunes, if not their lives: And yet in that afternoon about three of the Clock, Rollock, in the name of the Ministers, did upon a Scaffold join with the De∣puties from the three other Tables, in that wicked Protestation, without deputation (as is presumed) from the Table of Ministers, unless perhaps he called some few straggling Ministers about the Town, of whom it may be he asked the question.

Besides, many thousands of the King's Subjects Covenanters were fully satisfied with his Declara∣tion, though they durst not, as many of them have professed, subscribe this Confession of Faith urged by his Majesty, for fear of being troubled by the major part. And it is known, that wheresoever that Declaration was published, before that the Covenanters from their Tables sent their emissa∣ries to disswade the acknowledgment of it, and Copies of their Protestations against it, it was re∣ceived with all expressions of joy and thankful ac∣knowledgment; insomuch that when it was pro∣claimed at the Market-Cross at Glascow, it was as∣sisted with all these expressions, both by the Magi∣strates and all the Inhabitants, by the Principal, the Regents and Professors, by all the Ministers of that City, though Covena••ters, who out of the great sense of the many obligations and favours, which his Majesty had laid upon that whole King∣dom, by this his gracious Declaration, directed their several Letters of thanks and acknowledg∣ment to the Lord Commissioner, which are here exhibited.

The Letter of the Provost, Bailiffs, and the Council of Glascow.

Most Honourable and our very good Lord,

HAving received a Letter directed from your Grace to us with this bearer your Graces Cousin, and having read the same, and heard and weighed his Ma∣jesties gracious Proclamation, which was this day pro∣claimed within this City, to the great joy of all the hearers; We cannot but praise God, who hath end••ed his Sacred Majesty our Dread Soveraign, with such Wisdom, Piety, Clemency, and fatherly care of this Church and Kingdom; and pray God for a long and happy Reign to his Sacred Majesty, and his Highness posterity over us and succeeding Generations; And shall ever indeavour to approve our selves his Majesties most loyal Subjects; And wish from our hearts all happi∣ness to your Grace, and your Graces most Noble Fami∣ly, for the well-wishing of this City; and especially for the great pains taken by your Grace in this so weighty an employment, hoping and praying to God that the same may obtain the wished for accomplishment, and shall ever remain,

Glasgow this 24 of Sept. 1638.

Your Graces most humble and obedient Servants,

• James Stewart Provost.
• John Anderson Bailiff.
• Colme Campbell Bailiff.
• Ninian Anderson Bailiff.
• ...Gabriel Cuningham.
• ...William Stewart.
• ...Patrick Bell.
• ...Matthew Hamilton.
• ...Colme Campbell.
• ...John Barnes.
• ...Richard Allane.
• ...Walter Stirling.
• ...Gavine Nesbit.
• ...John Anderson.
• ...Robert Horner.

The Letter of the Ministers.

Most Honourable and our very good Lord,

HAving received the Letter directed from your Grace, and having heard and considered his Majesties most gracious Proclamation published this day in this City, with joyful acclamations universally of the hearers, as we of the Ministery and Ʋniversity of Glasgow, who were present, with great content∣ment and joy of heart applauded thereto; and do praise God who hath inspired our Dread Soveraign with such wisdom, Piety, Clemency, and fatherly care of the Church and Common-wealth of this Kingdom, as is abundantly manifested in the said Proclamation; So we would gladly testifie, by what means we can, our thankfulnes to his Majesty, our Crown of rejoycing, and the breath of our Nostrils; not omitting our bound duty to your Grace, whom God and his Majestly hath appointed so fit and happy an instrument in this great errand, for your singular Prudence, rare Piety, and Zealto God, your Prince, and Country, and incredi∣ble pains in this Honourable and weighty Employment, which we pray God may still prosper in your hands, until it be brought to a full and blessed conclusion, being willing for our part to contribute what lyeth in our poor power by our earnest Prayers and best Endea∣vours.

Glasgow, Sept. 24. 1638.

Your Graces humble and most observant servants,

• ...M. Rob. Wilkie.
• ...J. Maxwell.
• M. Bell younger.
• ...M. Ga. Forsythe.
• ...M. Blair.
• ...John Strang.
• ...John.
• ...Will. Wilkie.
• ...Pa. Maxwell.

NOw, besides these, in many places of the Kingdom, whither they sent their Protesta∣tion to be read, it was refused by divers, who had subscribed their own Covenant.

The Assembly being indicted, the Covenanters did now go about to effect all which they had plot∣ted and designed concerning the election of the Commissioners to it, That all, and none but they, might be chosen whom they had resolved upon, and were of the most rigid rank, whom they were sure would receive no satisfaction, and keep all others (so far as in them lay) from accepting of any: Their device was this; They perceived that most of the Ministers throughout the Kingdom would gladly embrace peace, if they might see their Consciences satisfied in these fears and doubts, upon which they entred into the late Covenant. The Leaders resolved not to trust any such mo∣derate men, considering that all their scruples were removed by the King's last Declaration, and the indiction of a free General Assembly; and therefore they took order by their secret instructi∣ons, that none of them should be chosen, though they were Covenanters: For Ministers Non-Cove∣nanters, they took order, that if in any place by plurality of voices such a one should be chosen, then he should be processed and protested against, (which no man could avoid) and so he should be sure to be set by at the Assembly, and cast from having any voice there. And whereas they might sear, that the rigid Ministers, designed by them for this Assembly, might want a sufficient number of their fellow-Ministers for their elections in their several Presbyteries, they took an order, That not only for this time, but for all times to come, there should be no Minister chosen Commissioner from any Presbytery to any Assembly, but such as the Laiety should make choice of: For they pre∣sently gave order from their Tables, That every particular Parish should send to the Presbytery in their bounds one Lay-man, whom they called a Ruling Elder, who by their appointment should have voice in the Presbytery as well as the Minister of the Parish; so that when the whole Presbytery was Assembled together, the number of the Lay∣men was at the least equal to the number of the Ministers; By which new device, the Laiety gained of the Ministers undoubtedly these four things.

First, That never any Minister should be cho∣sen Commissioner to the Assembly, but whom they would; for they being equal in number in voices with the Ministers, and six of the Mini∣sters being to be put in the List, and to stand in Election, out of which six, three must be chosen, and all these six must be removed in the time of the Election, and have no voices themselves in it, it is clear, that the number of the Lay-voices in these Elections must needs exceed the number of the Ministers voices at least by six: Or, if in some Presbyteries (as was done in some few) these six Ministers before their removing gave voices to whom they pleased, yet (no man being able to give a voice to himself; of necessity the number of the Lay-voices must exceed the number of the Ministers by one.

Secondly, The Laiety gained this, That in all other Presbyterial Meetings, which are week∣ly, the Ministers should never have a casting voice, to determine any thing but what they liked; the Lay-men being alwaies at the least equal to them in number.

Thirdly, This they gained, That whatso∣ever should be concluded in a General Assembly, should ever be concluded likewise in a Parliament, if Our Negative voice did not stop it: (and they have not spared to give out, that they will take from his Majesty and his Successors, that which all his Predecessours have enjoyed, that is, a negative voice in Parliament, as they have done in Assemblies, for as much as lies in them:) For by their instructions they ordered, That where any Noble-man lived in any Presbytery, he should be chosen Lay-Elder there for the Assembly, and all Noble-men are Hereditary members of the Parliament: and where there wanted a Noble∣man, they should chuse some special Gentleman, who in all probability standeth fair for being cho∣sen one of the Commissioners of the Shire for the Parliament; which made the Covenanters stand so importunately for that point, viz. to have the Assembly held before the Parliament, as making just accompt, that all the Lay-voices in the As∣sembly were engaged to give their voices to the same conclusions, when they should sit in Parlia∣ment; and so, that the Parliament, for its Acts, should depend upon the General Assembly, and the General Assembly (for the Acts passed there) should depend upon them, but neither the one nor the other depend upon the King.

4. Fourthly, The Laity gained this, That they exempted themselves for ever hereafter from all fears of the power of the Clergy: for they being resolved (so far as in them lay) to overthrow Episcopal Government, and yet fearing by so do∣ing to be brought again under the Tyranny of Presbyterial Government, of which they had heard

their Fathers so grievously complain, they pitched upon this way of equal number of Lay-Elders in every Presbytery, being assured thereby to curb their Ministers, most of whom had their Stipends and Rents paid by these Lay-Patrons; and so now the Laiety made accompt, that if in their Electi∣ons to this Assembly they could compass these conclusions and resolutions, they had brought the Church and Church-men under for ever.

These Conclusions, though effected by the Laity with violence, yet received great resistance by many Ministers in most Presbyteries, and in some by all: For when these Lay-Elders came to sit with them,. they either refused to admit them, or desired time to deliberate, how they (who being Covenanters, and had complained of Inno∣vations) could admit of such Innovations as those which seemed to threaten the ruin of the Liberty of the Church, for these Reasons:

First, Because, that above these forty years no Lay-Elder had sat in their Presbyteries, and therefore it was a great Innovation.

Secondly, Because at the beginning of the Reformation, when there was a kind of neces∣sity to require the assistance of Lay-men for the Government of the Church, (Ministers being then so few and scant,) yet it was provided that they should ever be fewer in number than the Mi∣nisters, and that therefore this obtruding of them∣selves in equal number, was not only an Innova∣tion, but directly against the Book of Discipline, upon which they did so much ground their pro∣ceedings.

Thirdly, That it was a thing never heard nor practised before in that Church, that Lay∣men had voices in the chusing of the Ministers Commissioners for the Assembly, and therefore if they would chuse, they desired them to chuse their own Lay Commissioner, but for the Ministers Com∣missioners to leave it to themselves, who were better able to discern of their Ministers abilities since they were weekly conversant with them, than they whom they had never seen in their Pres∣bytery before.

But all this opposition and arguing was fruit∣less: For the Lay-Elders, according to their se∣cret instructions from the Covenanters Tables, which afterward shall be related, would not re∣move, but put themselves in possession of suffrage, and so these Ministers, and none but they, were chosen in each Presbytery whom the Tables at Edenburgh had designed: A thing so odious and distastful to the Ministers, that in some Presbyte∣ries, the Ministers (chosen Commissioners) had but eight Ministers voices, and the voices of two and twenty Lay-men, in others not above two Mi∣nisters voices, in some but one; but in all Presby∣teries the Ministers Commissioners were elected by the plurality of Lay-voices. Some of these Mi∣nisters, though Covenanters, seeing the Liberty of the Church by this means utterly lost and be∣trayed, did repair to the two Covenanting Mini∣sters of Edenburgh, to whom they bemoaned them∣selves, wondring that they would give way to the utter defacing of the Church by these Laick intru∣sions; to whom they gave this answer, That they grieved for it as much as themselves, but that the necessity of the times was such, that they must wink at it, else the Nobility, Gentry, and Bur∣roughs did threaten them with a desertion, upon which a division must follow, which by their Oath and Covenant they were bound by all means to prevent. But the aggrieved Ministers were not satisfied with such cold, comfortless, and uncon∣scionable answers, but resolved in many Presbyte∣ries to draw up their Protestations against the Lay-Elders to the Assembly; yet they were so threatned by the Laiety, that most of them sell back and durst not adventure upon it, though others both Covenanters and Non-Covenanters had the courage to do it, but with what success shall be beclared when we come to speak of the As∣sembly it self. Yet this we will confidently averr, That when his Majesties Commissioner came last from that Kingdom, three parts of four of all the Covenanting Ministers did detest the electi∣ons made by Lay-Elders, and would have declar∣ed the nullity of all such elections if they durst have done it; and that these Ministers, (unless they have changed their minds since) had rather live under Episcopal Government, than under the Tyranny of the Laiety and a few Ministers, from whom they have suffered more in a few Months, than ever they did under all the Bishops in the Kingdom, since his Majesties coming to the Crown: all which very many of them have affirmed, both for themselves and others, to the Lord Com∣missioner, divers of the Council, and others of good credit and quality.

But the elections being now past according as they had plotted them, or in good forwardness so to be where they were not yet past, the Cove∣nanters next care was, how to hinder the subscrip∣tion of the Confession of Faith commanded by the King, they conceiving it their Master-piece to stop any thing (though never so well liked by themselves) if it were commanded by his Authori∣ty; as fearing, that if he had obedi••••••e given to him in any one thing, the people 〈◊〉〈◊〉 recover the taste of Government: And hearing that the Lord Commissoner was to repair to the Colledge of Justice, there to tender to the Lords of the Session, who are the supreme Judges of the Laws in that Kingdom, the Confession of Faith and Band annexed, to be sworn by Authority, that very morning they set up Rollock to Preach, (though it was not his ordinary course) where many of the Judges were present before they went to sit: There he with many false and foolish im∣pertinences did so labour to perswade them, that the swearing of that Confession was unlawful and plain perjury, that he shewed himself a ridiculous and most dishonest man to most that were pre∣sent, and a weak man to all; and so little he pre∣vailed, that immediately after Sermon the Judges repairing to their usual place of sitting, whither the Lord Commissoner came presently and ten∣dered them the said Confession, all of them, ex∣cept four who were known to be of the false stamp, did swear to it and subscribe it, the number of the Judges in all being twenty.

And here we desire the Reader to observe, whe∣ther these men shall not be accounted a Faction, and not a Body of a Kingdom, when they shall separate themselves from the King who is their Soveraign; from the body of his Council, who have the supreme Government of the Kingdom under the King; and from the body of the Judges, who are the Interpreters of the Laws, and under his Majesty the supreme Judges of all their Estates and Fortunes, these two Judicatories, together with the Judges in Criminal Causes, being under the King by the Laws constituted the only Judges of all their actions? For if these Covenanters shall ascribe unto themselves the Government, be∣cause they are more in number than those who dis∣assent from them, then certainly in all Kingdoms and Republiques, the established Government

must go down; for in them all, they who are ruled and governed are far more than the Rulers and Governours.

They then seeing that their fierce endeavours were fruitless with the Lords of the Session, with all speed dispatched some of their Tables through∣out all parts of the Kingdom, to stop the subscrip∣tion to the Confession of Faith commanded by the King, with Copies of their Protestation to be read in all places, where the Lord Commissioner should either proclaim the Declaration, or re∣quire subscription to that Confession: In many places they prevailed, in many not; Where they prevailed, they used such indirect and violent courses, as they gained an assent from many mens mouthes, whose minds were very far from it. In Glasgow, after that the Lord Lowdan, with divers others, Noble-men, Gentlemen, and Ministers, sent (as they pretended) from the Tables at Edenburgh, had caused to be read that infamous Libel (of which you shall hear afterwards) against the Archbishop of Glasgow in his own Cathedral Church, without the knowledge of the Magi∣strates of that City; the Lord Lowdan desired the Provost of Glasgow to convocate their Town-Council, that he might impart some things unto them; which the Provost refused: But that Lord and his Associates, understanding that their ordinary Church Session sate that afternoon, at which the Magistrates and Ministers were to be present, came suddenly into the place where they did sit, beyond their expectation, where the Lord Lowdan made a Speech of great length, con∣cerning the iniquity and danger of his Majesties Covenan•• ••djuring them both by perswasions and threathings, that they would not subscribe the Coufession of Faith required by the King; and therefore his demand was, That he might have the assured promises of the Magistrates and Ministers, that they would not subscribe it, that so he might report their answer to the Tables from whence he was sent: To which the Provost presently answered, That his Lordship knew well that the Lord Commissioner had required from them a subscription to the Covenant, that they had humbly intreated of his Grace some short time to return their answer; and therefore he wondred that any man should think it was fit to answer any who was sent from the Tables, before they had made their answer to the Lord Commissioner; and so refusing to give any answer to these Emis∣saries, from the Tables, they went away unsa∣tisfied.

The Covenanters, finding that his Majesties commanding of the subscription of the Confes∣sion of Faith, in many places had given satisfacti∣on, and had indeed confuted that lying scandal of his inclination to Popery, and that many of the Covenanters had remitted much of their former rigour, being much taken with his last gracious Proclamation, the Heads and swayers of the four Tables, (as if all their designs were come to the last cast) cast about once again, and laboured hard to work the people into the belief of this one point, That none of these things promised in the last gracious Proclamation, no not the As∣sembly it self, were ever intended to be perform∣ed by the King; That he only studied to gain time, until he were ready for their ruin; and therefore they gave out, that the Lord Commis∣sioners late coming from Hamilton to Edenburgh was only to Prorogue the Assembly. They spent daies and nights in penning a Protestation against it, and writing multitudes of Copies to be ready in all places of the Kingdom, before the Procla∣mations of the Prorogation should arrive. They sent for all their Party to flock to Edenburgh, as if now there were greater danger than ever: All which was carried with notable hypocrisie; for the Authors of this report did disperse it, not that they did believe it to be true, but because it was conducible to their ends to have the people believe it.

But knowing that they who do act long parts, must needs sometimes be out, and that the time of the Assembly beginning to approach, and the Commissioners provisions and preparations for his Journey to Glasgow, were far stronger proofs to the people of the Kings holding the Assembly, than all which they had surmised to the contrary, they then betook themselves to their last shift, which was a miserable and wicked one, and it was this: Since they were perswaded that the Assembly indicted by the King would now hold if they could not divert it, they resolved to take such courses, as they conceived the Commissioner nei∣ther could nor would endure; with which they did conceive they should so irritate him, that he could not chuse but either discharge or prorogue the Assembly. For two things now they feared: First, that they had committed a great errour i•• Petitioning the King for an Assembly, which they conceived was fully in their own power to indict; and therefore did begin to think, that by that act they had weakned their own power and claim, and supposed, that it had been more agreeable to their designs, if they had indicted one themselves, being the title which they meant to stand to, as appeareth by their own indiction of a new Assem∣bly, since the dissolution of this. Secondly, they were afraid of nothing more than this, that the Lord Commissioners propounding and passing in∣to Acts of Assembly, all the particulars of the King's grace and favour contained in his last Pro∣clamation, would abundantly satisfie the greatest part of their own Party, when they should see the grounds of their fears of innovations in Re∣ligion removed, which occasioned them to enter into the late Covenant: But now, if the Lord Commissioner could be forced any way, either to Prorogue or discharge this Assembly indicted by the King, that then they would presently indict one themselves, which they were sure the King would not countenance with any Commissioner from him; by which means they were both se∣cured from having their Party weakned by the propounding in Assembly his Majesties gracious offers expressed in his last Declaration, and were certainly perswaded, that they should easily in∣duce the people to believe, that these things pro∣mised in that Declaration were never intended by the King.

To compass therefore their desires of the Lord Commissioners either Proroguing or discharging the Assembly, they resolved to increase their dis∣orders to such a height, as they hoped he would never endure them; and to multiply so many af∣fronts upon him, and in him upon his Majesty and his Authority, as they imagined should be past all sufferance: As first, by their Letters directed from their Tables at Edenburgh, they quarrelled with the Lord Commissioner, that the Confes∣sion and Covenant was commanded to be subscrib∣ed in many parts of the Kingdom by the Authori∣ty of the King and his Council, with an unbeseem∣ing violence: The Copy of their Letter to the Lord Commissioner, being then at Hamilton, here followeth:

Please your Grace,

WE were glad of the indiction of an Assembly as the meane to bring our complaints to an end: And as we promised for our part to do our en∣deavour, that all matters might be carried in a peacea∣ble way, and no man troubled in any sort till that time, so did we certainly expect that no violence or molesta∣tion should have been used against any of those who had subscribed the late Covenant: and yet, far con∣trary to our expectation, are brought hither almost every hour grievous complaints from many of the people, in divers parts of the Kingdom, That they are by the threatnings and open violence of some States∣men, Councellours, and Barons, constrained to sub∣scribe a Confession of Faith, and Band; some with blind and doubting minds, and others against their Consciences, to the great trouble of their Souls, and great disturbance of the Peace of the Country, con∣trary to such peaceable preparations as should have preceded a perfit pacification at a General Assembly. If we had heard but some complaints of this kind, we would have spared both your Graces pains and our own, but complaints being multiplied more and more, we could not of duty but make some representation there∣of to your Grace, that some course may be taken for present suppressing this so irreligious and unjust manner of doing; and for preventing the hard consequences that may ensue from people who are thus pressed to sub∣scribe against their minds, and from others who are joined in Covenant with them; which, as it is hum∣bly Petitioned, so it is confidently expected by

Edinb. 3. Oct. 1638.

Your Graces humble Servants,

• Cassills.
• Lothean.
• Lindsay.
• Lowdoune.
• Balmerino.
• Johnstoun.
• Burgly.

THe complaint contained in this Letter did afterward prove to be most unjust; and yet it was dispersed through the Kingdom with hor∣rible and most false aggravations, viz. That some of the Council with charged Pistols and drawn Daggers held to the breasts of the Kings Subjects, had forced them to subscribe the Cove∣nant: To this their Letter the Lord Commis∣sioner returned an answer, though not to their Table, because he would not acknowledge it, yet to that Noble-man, whose hand was first at it: The Copy of which answer is this:

My very good Lord,

I Have received from your Lordship, and other Noble-men, a Letter, containing a Complaint against the violence offered to divers of his Majesties Subjects, by States-men, Councellours, and other; and that Complaint aggravated by your promising and undertaking, for your self and all your adherents, that no man should be troubled till the General Assem∣bly; and your just expectation that the same course should have been held on the other side by us.

For the former, I know not what States-men, No∣ble-men or Barons your Lordship means; for naming none, I know not to whom I shall take my self; nor do I know what violence and threatnings you mean: If you mean his Majesties Commissioners appointed by the King, they requiring his Subjects to subscribe the old Confession and Covenant, by his Authority now renewed, and remonst••ating unto them the danger they incur by Law in not obeying his Majesties com∣mandment, I hope that cannot be called violence but duty, the omission whereof, must needs be a violation of, and violence offered to his Majesties Sacred A••∣thority: If other violences and threatnings they ha••e used, as your Lordship seemeth to intimate (for their obedience to his Majesties just Authority, I am sare, your Lordship will not call violence) they must an∣swer for it, and shall ••hensoever your Lordship shall make known the delinquents. But, alas! my Lords, Tell me now in good earnest whether you have heard they have used such violence in perswading this Cove∣nant, as hath been used by your adherents in inforcing of yours? Hath the blood of God's Servants, his holy Ministers, been shed, which blood I am afraid keep∣eth the vengeance of God still hanging over this Land? Have men been beaten, turned out of their livings and maintenance, reviled and Excommunicated in the Pul∣pits, and a thousand more out-rages acted upon them, for not subscribing this Covenant? Have none who have subscribed your Covenant, done it with blind and doubting minds? If they have, I beseech your Lordship not to call his Majesties Councellours legal proceedings, irreligious and unjust, until you have proved the piety and justice of the proceedings of your own adherents.

For the other, of your undertaking and promising for your parts, that no man should be troubled till the Assembly, and expecting the like from us, truly I am glad I have it under your Lordships hands; for I think there are few hours of any one day, since the indicting of the Assembly, that from all parts of this King∣dom, I am not vexed with Complaints of new processing of Ministers, new with-holding of Ministers stipends unprocessed, heavy Complaints of Ministers of your own Covenant, that they are threatned, and that sharply and bitterly, for their declaring of their grief, in being barred of their freedom in the Election of their own Commissioners to the General Assembly, and being borne down by the multitude of Lay-voices, and menaced because of their protesting against the same: The Complaints of Ministers Non-Covenanters and Lay-Elders Non-Covenanters, chosen by their Sessions to assist at the Election of the Commissioners, from the Presbyteries, but turned back, for not having sub∣scribing your Covenant, and reviled with bitter words, for being so pert as to come thither; is this the perfor∣mance of promising, that no man shall be troubled till the Assembly? These are, indeed, preparations very unfit to precede this Assembly, they being so unpeaceable and like to take up much time, in discussing at that great Meeting the illegality of these Elections. My Lord, the truth is, I shall be as careful to see any wrong of∣fered by his Majesties Commissioners (in urging his Majesties Authority) punished, when I shall know the offences and the offenders, as I am heartily grieved at the proceedings of your Associates: Here I am sure, his Majesties Commissioners have been rather backward than forward, but so have not your Lordships adhe∣rents been; for they have in very many places proclaim∣ed your Protestation, where his Majesties Declarati∣on hath not been Proclaimed. I hope your Lordship will pardon my unusual prolixity; for I confess I am much troubled to see his Majesties good Subjects led into such misconstructions of his pious and religious intenti∣ons towards them. This my Letter, I pray your Lordship to communicate to the other Noble Lords, who subscribed that to me. To your self and them, I pray your Lordship commend the true respects of

Your Lordsh.

For the Earl of Cassills.

THis Letter it seems gave them no satisfacti∣on, for they still continued their Reports: Besides, they had the boldness by another Let∣ter from the same Tables sent likewise to the Lord Commissioner, being then at Hamilton, to ex∣postulate with him, that one of the King's Ships at Sea had searched a Scotish Merchants Ship for Ammunition; when as they themselves before had searched a Merchants Ship for some Ammu∣nition, which the King had sent for Scotland, and would have seized upon it, if they had not been prevented; and immediately after, a little Eng∣lish Vessel carrying Beer to some part of that Kingdom, was likewise stayed and searched by them. In the same Letter they quarrel with the Lord Commissioner, for hindering the bringing of Horses from England thither; which is unlaw∣ful for any one to do, without a special licence from the Master of the King's Horse. The Co∣py of their Letter, filled with their ordinary pre∣tences of Religion, and the Lord Commissioners Answer unto it, be these.

Please your Grace,

AFter your parting from us, we had knowledge from John Wilson Skipper, and sundry of his Passengers newly arrived, That being at Sea on his way from Holland hither, one of his Majesties small Ships of eight Pieces, came aboard and searched him for Arms and Ammunition, declaring they did the same by his Majesties Warrant. We do not so much value the hazard of any prejudice, as we are heartily grie∣ved to find any such note of his Majesties displeasure, differencing us from his other Subjects, when our own hearts, and the Lord that searcheth them, doth hear witness of our loyalty and affection to his Majesty, especially to have found it now when we are made so se∣cure, both by the hopes of obtaining from his Maje∣sties favour, by your mediation, these ordinary and publick remedies that can fully settle this Church and State, and by assurance from your Grace we should find no such hard dealing, during the time of your imployment amongst the Subjects here, who trust in your care to prevent speedily the inconvenience of this, as you did in that other late particular anent the ar∣rest of our Horses in England. We think this Ad∣vertisement sufficient to your Grace, who is wounded through our sides if we suffer any thing in this time, being so far interessed to vindicate us from such prejudice, who do acknowledge our selves to be

Edenburgh, Sept. 28. 1638.

Your Graces humble Servants,

• Rothees,
• Home,
• Lindesay,
• Loudone,
• Dalhousie,
• Elcho,
• Baltarres,
• Montrose,
• Weymse,
• Boyd,
• Balmerino,
• Forrester,
• Cranstoune,
• Burghly,
• Lothiane.

My Lord,

I Have received a Letter this day signed by your Lordship and sundry other Noblemen, making men∣tion, that one John Wilson Skipper, being on his way from Holland hither, was searched by one of his Ma∣jesties small Ships. This is no new nor unaccustomed thing; for commonly the Captains of his Majesties Ships during the time of being at Sea, do take notice what the loadings of all such Ships are, as they meet with, who trade in the Channel; it being a Preroga∣tive that belongs to his Imperial Crown: I am perswa∣ded that your Lordship and the rest of my Lords can∣not think, but if his Majesty had been desirous to have made stop of importation of Ammunition into this King∣dom 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 Maje∣sty should give directions to cause examine for what end so great store of Ammunition is imported into this Kingdom, and a little more narrowly to look into our actions; when, by I know not whom, there hath been so much notice taken of such Ammunition, as his Ma∣jesty hath thought fit to send hither. For notwithstand∣ing that your Lordship says we are made secure by the hopes of obtaining from his Majesty these remedies that can fully settle this Church and State, yet I may say courses are taken to put fears in his Majesties good Sub∣jects minds, by perswading of them that no such thing is intended: This does too too manifestly appear by the watching and guarding his Majesties Castle, and ma∣ny other courses; but of this I will write nothing, my intention being only to return answer of what is writ to me: And therefore for your Lordships satisfaction I shall acquaint his Majesty with the contents of your Letters, who will no doubt give such directions there∣in, as his good Subjects will have no just cause of com∣plaint: 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 me desire you to consider this aright, and you will find it none; for neither was that Ship stayed from pro∣ceeding in their intended Voyage, nor any thing taken from them: Nor needs your Lordship to doubt that his Majesty will do any thing (except our own indiscretion provoke him) that may make appear to the World that he makes a difference betwixt us of this Nation and his other Subjects. Be confident, my Lord, that my en∣deavours have, and do tend to no other end, but to the glory of God, the honour of his Sacred Majesty, and the preserving from ruine this poor distracted King∣dom; and that I have and shall labour to prevent all such Accidents as may breed the least stop or hinder∣ance of this wished event, which I hope and am con∣fident that your Lordship 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 mo∣ved with such light and sleight reports: Nor will your Lordship think that either you or I can be wounded by the order and command of so pious, merciful, and so clement a Prince as is our dread Sovereign, who hath shewn himself to be so full of goodness, as we must of all men living prove the worst, if we be not thankful to God, and him for it: This my Letter your Lordship will be pleased to communicate to the rest who have writ to me, and esteem of me as

Hamilt. Sept. 24. 1638.

Your Lordships humble servant, Hamilton.

For the Earl of Rothees.

WIth his Answer they were so far from be∣ing satisfied, that to answer this affront (as they did interpret it) for searching a Ship of that Kingdom at Sea, they resolved to put a greater affront upon the King, by increasing their Guards about the Castle of Edenburgh. In Fife they gave order for a Communion throughout their Church∣es, at which they made every one to swear that they should not subscribe the Confession and Cove∣nant, nor any other but their own, which they swore again de novo; especially to stand to that part of it which concerneth mutual defence a∣gainst all persons whomsoever. They gave gene∣ral order for the Fast to be kept on the fourth of November, being Sunday, neglecting the day de∣signed in the King's Proclamation, which was the Wednesday following, and the seventh of that Month.

The Lord Commissioner seeing these contempts daily to increase, and hearing that they had ap∣pointed the Communion to be celebrated at Eden∣burgh, 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 Sundays following) it was intended that the like Oath should be taken with them, as had been taken in Fife? Secondly, whether they intended to keep the Fast-day designed by his Ma∣jesty in his Proclamation, and according as they had lately since been required to do, by an order sent from the Council to them for that purpose? Thirdly, what order they had taken with those, who had the day before reviled and abused Dr. E∣liot 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 be un∣reasonable men, and despisers of Authority. To the last, they promised that they would make a discovery of the Offenders, and see them punish∣ed; which they never did. For the first, they thought it most unreasonable that any Oath should be ministred as it was in Fife. For the second, they thought it most reasonable that the Fast-day should be kept, but before they could give a full answer, they must first confer with their Mini∣sters; at their meeting with whom, they found that the Ministers had intended that barbarous Oath at the Communion, and not to keep the King's Fast-day more than other Churches in the Country had done: Yet the Magistrates did with much perswasions over-rule them in both. The Lord Commissioner did resolve with great solem∣nity, attended with all the Council and Judges, to keep that Fast in the great Church of Edenburgh, on the day appointed by the King, and gave no∣tice thereof to the Magistrates; who returned him thanks, and assurance of welcome; but under∣standing that they were resolved to discharge the ordinary Ministers of that Church, from preach∣ing there that day, only because they were Non∣covenanters, and had appointed their places to be supplied with the two only Covenanting Ministers of their Town, he sent for the Magistrates a∣gain, telling him, That he could not come to their Church, and countenance so great a disorder as the displacing of the two Preachers of that Church, only because they were faithful Subjects to the King; nor durst hear these two Preachers designed by them, who in their Pulpits did ordi∣narily inveigh against the King and his Authority; unless therefore he might either nominate the Preachers, or hear the ordinary Preachers of that Church, he must not come thither. The Magi∣strates did what they could to perswade with their Ministers; the one of them was contented with the Lord Commissioners desire, but the other was so obstinate, as he would no way hearken to it; and him (being so powerful with the People) the Magistrates durst not offend: And so the Lord Commissioner, with the Council and Judges, were necessitated to keep the Fast at another Church hard by the Palace. Now we desire the Reader to observe, how the Heads of the Cove∣nanters were afraid that any show of obedience should be yielded unto the King by the People in the least point, they having ordered, that in most places of the Kingdom, the day designed by his Ma∣jesty for the Fast should not be observed; certain∣ly, only because it was commanded by him, as being unwilling that his Majesty (whom they had given out to the People for an Innovator in Reli∣gion, and an Introducer of Popery) should be thought by them to have any care of so religious an exercise as a solemn Fast: And how that in E∣denburgh, though the Magistrates by their earnest intreaty had procured the observation of it, yet they could not obtain it without putting a special affront upon Authority, by displacing of those Ministers who had continued in loyalty and obe∣dience to his Majesty.

But these were nothing to their other violen∣ces, whereby they would have the Lord Commis∣sioner take notice, that it was impossible their proceedings at the Assembly should be pleasing unto his Majesty: For not only in many of their Pulpits did they preach, That whosoever subscribed this Covenant, were perjured and villains, but when some affirmed the contrary, 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 Kingdom, not Subscribers of their Covenant, whom they did not presently process and cite before their seve∣ral Presbyteries; and notwithstanding their Ap∣peals to the General Assembly then approach∣ing, yet they would not shew so much patience, but proceeded to present, most illegal, and un∣warrantable suspending of them, and other censures, as best pleased them; which being complained of to the Lord Commissioner & Coun∣cil, could find no redress, although they sent many times to the Covenanters, requiring them to forbear all such unjust proceedings, and to refer the trial of these oppressed Ministers causes to the General Assembly, which was now at hand.

None were so insolent as the Presbytery of E∣denburgh; for they presently put very many of their Ministers under process: They begun with one Master David Michell Minister of Edenburgh; the Lord Commissioner wrote carnestly to that Presbytery, to forbear proceeding against him until the Assembly, to the which he had appealed, and where his cause might have a full and fair trial; which they not only most unjustly reject∣ed, but were so unmannerly, as they did not vouchsafe to answer his Letter, either by Mes∣sage or otherwise: The next Presbytery day he wrote to them again to the same purpose, but with the like success; for they proceeded with∣out taking notice of his Letter, or returning a∣ny answer to it, although in that second Letter he had desired them, either to delay their pro∣ceedings that day, or else to send one or more of their number to him, (being then hard by at the Palace of Holy-rood-house) who might shew

him some reason why they could not stay so long as until the Assembly, which was now so near approaching. The Lord Commissioner wondring at this contempt, by the advice of some of the principal Lords of the Council, sent for an Of∣ficer of the Council, and directed him to them with an ordinary warrant drawn up in an ordinary form by the Clerk of the Council, requiring them in the King's Name, under pain of his high dis∣pleasure, and as they would answer the contrary at their utmost peril, to desist from any further proceeding in that cause until the General Assem∣bly; to which the Defendant had appealed, and which was to begin within fourteen days: This Warrant was delivered unto them by the Officer of the Council, in whose audience it was read, and when he required an Answer to it, yet re∣ceived none, but in highest contempt of his Ma∣jesties Crown, Dignity, and Royal Command∣ment, and against all Rules of Justice (the Ap∣pellants appeal to the superiour Court of a Ge∣neral Assembly, legally depending) for Doctrines preached by him four year since at least, and the Witnesses being all Lay-men, who (besides their no extraordinary memory for such a time as was laid) were men of such mean and ordinary un∣derstanding, as that it was improbable, if not im∣possible, that they should understand the Do∣ctrines wherewith he was charged; and some of them being uncontroverted, and such as are ge∣nerally received by all Protestant Churches in the World; they presently suspended him, and dis∣charged him from the place of his Ministery; and afterward, to make their contempt the greater, sent down three of their number to tell the Lord Commissioner that they had done so, who offer∣ed to shew him Reasons for their so doing: But the Lord Commissioner told them, That since they were not pleased to shew him their Reasons before their Sentence as he required, he would not hear their Reasons after their Sentence as they desired. But to let pass this and many more their such unjust proceedings, against those Mi∣nisters which continued in his Majesties obedi∣ence, in all places of the Kingdom, even when the Assembly was ready to begin, notwithstand∣ing these Ministers legal Appeals thereunto, we shal desire the Reader to observe their proceed∣ings in one Process, which certainly was framed and pursued with such malice, injustice, falshood, and scandal, not only to the Reformed Religion in particular, but to the Christian Religion in ge∣neral, as it cannot be parallel'd by any President of Injustice in precedent Ages, nor ('tis to be hoped) shall ever be followed in future, and which if it were known amongst Turks, Pa∣gans, or Infidels, would make them abhor the Christian Religion, if they did think it would ei∣ther countenance or could consist with such abo∣minable impiety and injustice.

It is their Process against all and every one of the Archbishops and Bishops of that Kingdom: The Covenanters did indeed first desire the Lord Commissioner, in his own name, and as he was his Majesties Commissioner, to grant out Pro∣cess against the Archbishops and Bishops, and thereby to cite them to appear as rei, or guilty persons: To whom he returned this fair An∣swer, That he did not hold it sit to cite them as guilty, of whose guiltiness he had no presumpti∣ons; and besides that he would be loth to do an a••t which should void, according to their grounds, both the Prelates places and voices in the Assem∣bly, they having laid it down for a Rule (though it were a false one) that parties cited can have no suffrage there; yet if either by the Law or Practice of that Kingdom, the King's Commis∣sioner or Commissioners did use to grant out any such Process, he would not refuse it, being resol∣ved to concur with them in any course of Justice: But he hoped that they would not make the King his Master, or himself, do any act prejudicial to the Bishops, their place and government, before they were heard, and that in the mean time for their satisfaction he would advise with some of the Judges and his Majesties Advocate, whether a∣ny such Process was awardable, or had usually been awarded by his Majesties Royal Father's Commissioners to the General Assembly, and ac∣cording to their advice he would do that which should be agreeable to Justice. From this An∣swer of the Lord Commissioner, they expected no satisfaction to their desire; for they them∣selves did know as well as any Judge or Advocate in the Kingdom, that no Commissioner either could award, or ever had awarded any such Pro∣cess as they required: And therefore they mo∣ved the Lord Commissioner once again, that he would require the Judges or Lords of the Session to grant out such Process; with which Request, when the Lord Commissioner made the Judges acquainted, they returned him that Answer which the Covenanters knew very well they could not chuse but make, viz. That they could grant out no Process for the compeerance of any persons before them, but those who were im∣pleaded, and whose Causes were triable before them. The truth is, the Lord Commissioner found by their inquiry, and the Covenanters knew it perfectly well, that the ordinary way of Process or Citation to a General Assembly was to pass it under the hand of the Clerk of the As∣sembly, whose Office is during life, if he be not legally removed, and usually too under the hand of him who was Moderator at the last General Assembly; both which were then living, and are so still: The name of the Clerk of the Assembly being Master James Sandelands, an Advocate and Commissary of Aberdene, and the Moderator of the last Assembly, being the now Archbishop of St. Andrews: But they who had all this while gone on in disorderly, illegal, and unjustifiable ways, belike thought it an incongruity 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 Honesty, as one would wonder how they hit upon it, having neither Law nor Pra∣ctice for it, which was this, They caused to be drawn up a most false, odious, and scandalous Libel against the Archbishops and Bishops, with a Petition annexed, to the Presbytery of Eden∣burgh, wherein they desired the Libel to be ad∣mitted by them; the Copy whereof, as it was ex∣hibited by them to the said Presbytery, and after∣ward publickly read in all the Pulpits thereof, here followeth; which his Majesty wished out of his love to the Christian Religion might never come to the notice of any Pagan, and out of his love to the Religion Reformed, he wished might never come to the notice of any Papist: But it cannot be concealed.