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.

CHARLES REX.

Right Trusty,

WE have hitherto commanded Hamil∣ton * 1.1 to answer several of your Let∣ters, but that of the sixteenth of August being of more weight than any of your former, we have thought sit to answer it our Self.

And whereas you say, That nothing will sa∣tisfie them, except in Terminis, the last Assem∣bly be Named and Ratified, or that way be given to the discharging of Episcopacy as abjured in that Church, as contrary to the Confession of Faith, 1580. and the Constitutions of the same, you being yet in some hope that the word Ab∣jured may be got changed; and that in drawing up the words of the Act, it be only condemned as contrary to the Constitution of the Church: We in this point leave you to your Instructions, they being full, if you consider what we have said concerning Episcopacy, and subscribing the Confession of Faith, 1580. We thinking it fit to declare hereupon unto you, That let their mad∣ness be what it will, further than we have de∣clared in our Instructions, in these Points we will not go.

For the Service-Book, and Book of Canons, though we have been and are content they be discharged, yet we will never give our Voice nor assent that they be condemned, as contain∣ing divers Heads of Popery and Superstition: in like manner, though we have been, and are content that the High-Commission be discharged, yet we will never acknowledge that it is with∣out Law, or destructive to the Civil and Eccle∣siastical Judicatories of that our Kingdom: Nor that the Five Articles of Perth, though dis∣charged with our Approbation, be condemned, as contrary to the foresaid Confession. As con∣cerning the late Assemblies, we cannot give our consent to have them declared Null, since they were so notoriously our Father (of happy Me∣mory) his Acts; it seeming strange, that we having condescended to the taking away of these things that they complained of, which were done in those Assemblies, they will not be con∣tent therewith, without laying an Aspersion on our Father's Actions. Wherefore if the Assem∣bly will, in despite of your endeavour, conclude contrary to this, you are to protest against their Proceedings in these Points, and be sure not to ratifie them in Parliament.

Concerning the yearly Indiction of General Assemblies, and the Confession of Faith, we com∣manded Hamilton, in his of the sixteenth, to Answer that Point to this effect, That we think it infinitely to our prejudice that we should con∣sent to tye our Self for the keeping yearly of their Assemblies, not needing to repeat the Rea∣sons, they being well enough known to you; seeing at Berwick it was conceived upon debate of that Point, That your having Power to In∣dict a new one within the Year, would save that Dispute, which you are by all means to es∣chew. But if this will not give satisfaction, you are by no means to give your Assent to any such Act, nor to ratifie the same in Parliament.

The Article in your Instructions, which is only that the Covenant, 1580. shall be subscrib∣ed, you must have an especial care of, and how you proceed therein; That the Bond be the same which was in our Father's Time, Mutatis mutandis; and that you give your assent no other waies to the interpretations thereof, than may stand with our future Intentions well known to you; nor is the same otherwise to be Ratified in Parliament.

Thus you have our Pleasure fully signified in every particular of your Letter; which you will find no waies contrary to our Resolution taken at Berwick, and our Instructions given to you there. But if the madness of our Subjects be such, that they will not rest satisfied with what we have given you Power and Authority to con∣descend to, which notwithstanding all their In∣solencies we shall allow you to make good to them, we take God to witness, That what mi∣sery soever shall fall to the Country hereafter, it is no Fault of ours, but their own procure∣ment. And hereupon we do Command you, That if you cannot compose this Business accord∣ing to our Instructions, and what we have now written, that you Prorogue the Parliament till

the next Spring; and that you think upon some course how you may make publickly known to all our Subjects, what we had given you Power to condescend to. And because it is not impro∣bable that this may produce a present Rupture, you are to warn and assist Ruthwen for the De∣fence of the Castle of Edenburgh; and to take in general the like care of all our Houses and Forts in that Kingdom; & likewise to advertise all such who are affected to our Service, that timously they may secure themselves; and so we bid you heartily farewel.

And his Majesty being ever careful of the con∣cerns of Christ, writes the following Letter to the Archbishop of St. Androws, to be communi∣cated to the rest of his Brethren.

Right trusty and well-beloved Coun∣cellor, and Reverend Father in God, We greet you well.

YOur Letter, and the rest of the Bishops (sent by the Elect of Cathness) to my Lord of Canterbury, hath been by him communi∣cated to us: And after serious consideration of the Contents thereof, we have thought fit our Self to return this Answer to you for Di∣rection, according to our Promise, which you are to communicate to the rest of your Bre∣thren.

We do in part approve of what you have ad∣vised, concerning the prorogating of the As∣sembly and Parliament, and must acknowledge it to be grounded upon Reason enough, were Reason only to be thought on in this Business: but considering the present state of our Affairs, and that we have promised in the Articles of Pacification, we may not (as we conceive) without great prejudice to our Self and Service condescend thereunto; wherefore we are re∣solved (rather necessitated) to hold the Assem∣bly and Parliament at the Time and Place ap∣pointed; and for that end we have nominated the Earl of Traquair our Commissioner: to whom we have given Instructions, not only how to carry himself at the same, but a Charge also to have a special care of your Lordships, and those of the Inferiour Clergy, who have suf∣fered for their Duty to God and Obedience to our Commands. And we do hereby assure you, That it 〈◊〉〈◊〉 be still one of our chiefest Studies, how to Rectifie and Establish the Government of that Church aright, and to repair your Losses, which we desire you to be most confident of.

As for your Meeting to treat of the Affairs of the Church, we do not see at this Time how that can be done; or within our Kingdom of Scotland, we cannot promise you any place of Safety; and in any other of our Dominions we cannot hold it convenient, all things considered; wherefore we conceive that the best way would be for your Lordships to give in, by way of Pro∣testation or Remonstrance, your Exceptions against this Assembly and Parliament to our Commissioner, which may be sent by any mean man, so he be trusty, and deliver it at his entring into the Church; but we would not have it to be either Read or Argued in this Meeting, where nothing but partiality is to be expected, but to be represented to us by him; which we promise to take so into Consideration, as becometh a Prince sensible of his own Interest and Honour, joined with the Equity of your Desires; and you may rest secure, that though perhaps we may give way for the present to that which will be prejudicial both to the Church and our own Go∣vernment, yet we shall not leave thinking in time how to remedy both.

We must likewise intimate unto you, That we are so far from conceiving it expedient for you, or any of my Lords of the Clergy to be present at this Meeting, as we do absolutely dis∣charge your going thither; and for your ab∣sence, this shall be to you, and every of you, a sufficient Warrant: In the interim, your best course will be to remain in our Kingdom of Eng∣land, till such time as you receive our further Order, where we shall provide for your Sub∣sistance; though not in that measure as we could wish, yet in such a way as you shall not be in want.

Thus you have our Pleasure briefly signified unto you, which we doubt not but you will take in good part: You cannot but know, that what we do in this, we are necessitated to, so we bid you farewel.

Whitehall, Aug. 6. 1639.

C. R.

And in obedience to the Kings command the Bi∣shops of Scotland presented their Declinator follow∣ing to the Lord Commissioner the Earl of Traquair.

WHereas his Majesty, out of his surpassing Goodness, was pleased to Indict ano∣ther National Assembly for rectifying the pre∣sent Disorders in the Church, and repealing the Acts concluded in the late pretended Assembly at Glasgow against all Right and Reason, charging and commanding us the Archbishops and Bishops of the Church of Scotland, and others that have Place therein, to meet at Edenburgh the twelfth of August Instant, in hopes that by a peaceable Treaty and Conference, Matters should have been brought to a wished Peace and Unity: and that now we perceive all these hopes disap∣pointed, the Authors of the present Schism and Division proceeding in their wonted Courses of Wrong and Violence, as hath appeared in their presumptuous Protestation against the said Indi∣ction; and in the business they have made throughout the Country, for electing Ministers and Laicks of their Faction to make up the said Assembly; whereby it is evident that the same or worse Effects must needs ensue upon the present Meeting, than were seen to follow the former. We therefore the Underscribers, for discharge of our Duties to God, and to the Church committed to our Government under our Soveraign Lord the King's Majesty, Protest, as in our former Declinator, as well for our Selves, as in the Name of the Church of Scotland, and so many as shall adhere to this our Protestation, That the present pretended Assembly be holden and reputed null in Law, as consisting and made up partly of Laical Persons that have no Office in the Church of God, partly of Refractory, Schismatical, and Perjured Ministers, that contrary to their Oaths and Subscriptions, from which no human Power could absolve them, have filthily resiled, and so made themselves to

the present and future Ages most infamous, and that no Church-man be bound to appear before them, nor any Citation, Admonition, Certifi∣cation, or Act whatsoever proceeding from the said pretended Meeting, be prejudicial to the Jurisdiction, Liberties, Priviledges, Rents, Pos∣sessions, and Benefices belonging to the Church, nor to any Acts of former General Assemblies, Acts of Council or Parliament made in favour thereof; but to the contrary, that all such Acts and Deeds, and every one of them, are and shall be reputed Unjust, Partial, and Illegal, with all that may follow thereupon.

And this our Protestation we humbly desire may be presented to his Majesty, whom we do humbly supplicate, according to the Practice of Christian Emperours in Ancient Time, to Con∣vene the Clergy of his whole Dominions, for remedying of the present Schism and Division, unto whose Judgment and Determination we promise to submit our Selves and all our Proceed∣ings.

Given under our Hands, at Morpeth, Berwick, and Holy-Island, the 10th and 11th of Au∣gust, 1639.

Signed,

• ...St. Andrews.
• ...Da. Edinburgh.
• ...Jo. Rossen.
• ...Tho. Galloway.
• ...Wal. Brechinen
• ...Ja. Lismoren.
• ...Ad. Aberdeen.

In pursuance of the forgoing Pacification a General Assembly sate at Edenburgh in the Month August; the Principal matters Transacted there were (for you may know the Assembly was to prepare the preliminaries that were after to pass into Laws, if by any means the Royal assent could be procured thereto.)

First. Mr. George Graham's, Bishop of Orkney and of the Isles, his Abjuration of Episcopacy, having, for wordly respects, embraced the same, that it had no warrant from the Word of God, that it drew along with it many evil consequences more particularly here in the Kirk of Scotland, and more particularly for that it had been abjured by the whole Kirk there by vertue of the Natio∣nal Oath, and yet more particularly by the Acts and Consultations of the late Assembly holden at Glasgow 1638. &c. In testimony of all which he subscribed his hand, &c.

Secondly, An Act containing the causes and re∣medies of the by-gone evils of the Kirk; with Ob∣servations Marginal thereon.

THe King's Majesty having graciously de∣clared, That it is his Royal Will and Plea∣sure, that all Questions about Religion, and Matters Ecclesiastical, be determined by Assem∣blies of the Kirk; having also by publick Pro∣clamation indicted this Free National Assembly, for settling the Distraction of this Kirk, and for establishing a perfect Peace, against such Divisions and Disorders as have been sore dis∣pleasing to his Majesty, and grievous to all his good Subjects.

And now his Majesties Commissioner, John Earl of Traquair, intrusted and authorized with a full Commission, being present, and sitting in this Assembly, now fully Convened, and order∣ly Constitute in all the Members thereof, ac∣cording to the Order of this Kirk, having at large declared his Majesties Zeal to the Reform∣ed Religion, and his Royal Care and Tender Affection to this Kirk, where his Majesty had both his Birth and Baptism, his great displea∣sure at the manifold Distractions and Divisions of this Kirk and Kingdom, and his desires to have all our Wounds perfectly cured, with a fair and fatherly Hand: And although in the way approved by this Kirk, trial hath been taken in former Assemblies before, from the Kirk-Regi∣sters, to our full satisfaction; Yet the Com∣missioner's Grace making particular enquiry from the Members of the Assembly, now so∣lemnly convened, concerning the real and true Causes of so many and great Evils as this time past had so sore troubled the Peace of this Kirk and Kingdom, it was represented to his Maje∣sties Commissioner by this Assembly, that be∣sides many other, the main and most material Causes were;

First, The pressing of this Kirk by the Pre∣lates with a Service-book, or Book of Common-Prayer, without Warrant or Direction from the Kirk; and containing, besides the Popish Frame thereof, divers Popish Errors and Ceremonies, and the Seeds of manifold gross Superstitions and Idolatry, with a Book of Canons, without Warrant or Direction from the General Assem∣bly, establishing a Tyrannical Power over the Kirk in the Persons of Bishops, and overthrow∣ing the whole Discipline and Government of the Kirk by Assemblies; with a Book of Consecra∣tion and Ordination, without Warrant or Au∣thority Civil or Ecclesiastical, appointing Of∣fices in the House of God, which are not war∣ranted by the Word of God, and repugnant to the Discipline and Acts of the Kirk; and with the High-Commission, erected without consent of the Kirk, and subverting the Jurisdiction and ordinary Judicatories of this Kirk, and giving to Persons meerly Ecclesiastical, the power of both Swords; and to Persons meerly Civil, the power of the Keys and Kirk Censures.

A Second Cause was the Articles of Perth, viz. * 3.1 The Observation of Festival Daies, Kneeling at the Communion, Confirmation, Administrati∣on of the Sacraments in private Places, which are brought in by a null Assembly, and are con∣trary * 3.2 to the Confessions of Faith, as it was meant and subscribed Anno 1580. and divers times since, and to the Order and Constitutions of this Kirk.

Thirdly, The changing of the Government of the Kirk from the Assemblies of the Kirk, to the Persons of some Kirk-men, usurping Priority and power over their Brethren, by the way and under the name of Episcopal Govern∣ment, against the Confession of Fa•••• in 1580. against the Order set down in the * 3.3 Book of Po∣licy, and against the Intention and Constitution of this Kirk from the beginning.

Fourthly, The Civil Places and Power of Kirk-men, † 3.4 their sitting in Session, Council, and Exchequer; their riding, sitting, and voting in Parliament; and their sitting in the Bench as Justices of Peace: Which according to the Con∣stitutions of this Kirk are incompatible with their Spiritual Sanction, lifting them up above their Brethren in worldly Pomp, and do tend to the hindrance of the Ministry.

Fifthly, The keeping and authorizing corrupt Assemblies at Linlithgow 1606, and 1608; at Glasgow, 1610; at Aberdeen, 1616; at St. Andrews, 1617. at Perth, 1618. a 3.5 Which are all null and unlawful, as being called and consti∣tute quite contrary to the Order and Constitutions of

this Kirk, received and practised ever since the Reformation of Religion; and withal labouring to introduce Novations into this Kirk, against the Order and Religion established.

A Sixth Cause, Is the want of lawful and free General Assemblies, rightly constitute of Pa∣stors, Doctors, and Elders, yearly or oftner, pro re nata, according to the Liberty of this Kirk, expressed in the Book of Policy, and acknow∣ledged in the Act of Parliament, 1592. After which * 3.6 the whole Assembly in one heart and voice did declare, That these and such other, proceed∣ing from the neglect and breach of the Natio∣nal Covenant of this Kirk and Kingdom made in 1580. have been indeed the true and main Causes of all our Evils and Distractions: And therefore ordain, according to the Constituti∣ons of the General Assemblies of this Kirk, and upon the grounds respective above specified, That the aforesaid Service-Book, Books of Ca∣nons, and Ordination, and the High-Commis∣sion, be still rejected: that the Articles of Perth be no more practised; that Episcopal Government, and the Civil Places and Power of Kirk-men, be holden still as unlawful in this Kirk; That the above-named pretended As∣semblies, at Linlithgow, 1606. and 1608. at Glasgow 1610. at Aberdeen 1616. at St. Andrews 1617. at Perth 1618. be hereafter accounted as null, and of none effect. And that for preser∣vation of Religion, and preventing all such Evils in time coming, General Assemblies right∣ly constitute, as the proper and competent Judge of all Matters Ecclesiastical, hereafter be kept yearly, and oftner, pro re nata, as occasi∣on and necessity shall require; the necessity of these occasional Assemblies being first remon∣strate to his Majesty by humble Supplication: As also, that Kirk-Sessions, Presbyteries, and Synodal Assemblies, be constitute and observed according to the Order of this Kirk.

After the voicing of the Act (anent the Causes of our by-gone Evils) his Majesties Commissio∣ner consented [verbally] to the said Act, and promised to give in to the Clerk in Writ, the Declaration of his Consent, and that he should ratifie this Act in the ensuing Parliament.

Thirdly, An Act for the keeping of the Lord's Day, by prohibiting the going of Milnes, Salt∣pans, Salmon Fishing, or any such like labour, and accordingly the Act of the Assembly holden at Holy-rood-House thereanent was revived.

Fourthly, The Supplication of that Assembly to the Lord Commissioner against a Book call'd the large Declaration (whereat they were much troubled, and with good reason for that therein their actions were laid open and exposed to their perpetual Infamy to the whole World) that the said Book might be called in, and that the suspected Author Dr. Bolcanqual, Dean of Durham, a Native of their Kingdom, might be sent thither to abide his Trial [which would have been more than Ordeal] &c. Herewith the Lord Commissioner said he would acquaint his Majesty.

Fifthly, The Supplication of the Assembly to the Lord Commissioner, and the Lords of the Se∣cret Council.

WE the General Assembly, considering with all humble and thankful acknow∣ledgment, the many recent Favours bestowed upon us by his Majesty; and that there rest∣eth nothing for crowning his Majesties incom∣parable Goodness towards us, but that all the Members of this Kirk and Kingdom be joined in one and the same Confession and Covenant with God, with the King's Majesty, and amongst our selves. And conceiving the main Let and Impediment to this so good a Work, and so much wished by all, to have been the Informa∣tions made to his Majesty, of our Intentions to shake off Civil and Dutiful Obedience due to Soveraignty, and to diminish the King's Great∣ness and Authority: And being most willing and desirous to remove this, and all such Impediments which may hinder and impede so full and perfect an Union, and for the clear∣ing of our Loyalty, We in our own Names, and in the Names of all the rest of the Subjects and Congregations whom we represent, do now in all humility represent to your Grace, his Maje∣sties Commissioner, and the Lords of his Maje∣sties most Honourable Privy-Council, and de∣clares before God and the World, that We ne∣ver had nor have any thought of wichdrawin•• our Selves from that humble and dutiful Obedi∣ence to his Majesty, and to his Government; which by the descent, and under the Reign o•• one hundred and seven Kings, is most chearful∣ly acknowledged by us and our Predecesso••••▪ and that we never had, nor have any intention or desire to attempt any thing that may tend to the dishonour of God, or the diminution of the King's Greatness and Authority: But on the contrary, acknowledging our quietness, Sta∣bility, and Happiness, to depend upon the safe∣ty of the King's Majesties Person, and mainte∣nence of his Greatness and Royal Authority, who is God's Vicegerent set over us, for the maintenance of Religion, and ministration of Justice, we have solemnly sworn, and do swear, not only our mutual Concurrence and Assistance for the Cause of Religion, and to the utter∣most of our power, with our Means and Lives, to stand to the defence of our Dread Sovereign, his Person and Authority, In preservation and * 3.7 defence of the true Religion, Liberties, and Laws of this Kirk and Kingdom; but also in every Cause which may concern his Majesties Honour, shall accordingly to the Laws of this King∣dom, and the Duties of good Subjects, con∣curr with our Friends and Followers, in quiet manner, or in Arms, as we shall be required of his Majesty, his Council, or any having his Authority. And therefore being most de∣sirous to clear our selves of all Imputation of this kind, and following the laudable Example of our Predecessors, 1589. do most humbly supplicate your Grace, his Majesties Commis∣sioner, and the Lords of his Majesties most Honourable Privy-Council, to enjoyn by Act of Council, that the Confession and Cove∣nant, which, as a Testimony of our Fi∣delity to God, and Loyalty to our King, we have subscribed, be subscribed by all his Majesties Subjects, of what rank and quality so∣ever.

Notes

• * 1.1

  The King writes to 〈◊〉〈◊〉, and gives him posi∣tive In∣structions how fur∣ther to proceed.
• * 3.1

  Observati∣ons there∣upon.
• * 3.2

  It was ra∣tified by Parlia∣ment.
• * 3.3

  A Spuri∣ous piece and never ratified by Parlia∣ment.
• † 3.4

  Never prohibited by any Act of Par∣liament.
• a 3.5

  These were con∣firmed by Parlia∣ments and never re∣peal'd, and now first most ille∣gally call'd in questi∣on with∣out autho∣rity of Par∣liament.
• * 3.6

  Is this Assembly without the King's consent of more vali∣dity than six former Assem∣blies con∣firm'd by King and Parlia∣ment?
• * 3.7

  Not other∣wise if they did imagine their Re∣ligion or Liberties invaded.