and other places needfull and there by open Proclamation to make publication of the holding of the said Parliament and to warne all and sundry Noblemen Prelates and Commissioners for the Barons and Burrowes and all others having voice and place in the said Parliament that they and every one of them in their most decent and comely manner make their addresse to the said Parliament attend and await thereat during the time thereof and to discharge that duty which is incumbent to them and each one of them as they will answer on the contrary at their perill ANd last of all was published and proclaimed first the Act of the Lords of Our Councel for requiring all Our subjects to subscribe the said Confession of Faith and Band annexed which here followeth At Holy-rood-house the 24. day of September Anno 1638. THe which day a Noble Earle JAMES Marquesse of Hamiltoun Earle of Arran and Cambridge his Majesties Commissioner having produced and exhibit before the Lords of secret Councell upon the twenty second day of this instant a warrant signed by his Majestie of the date the ninth of September instant wherein among others of his Majesties gracious and royall expressions for preservation of the purity of Religion and due obedience to his Majesties authoritie in the maintenance thereof his Majestie did will and ordaine that the Lords themselves should sweare the Confession and generall Band mentioned in his Majesties said warrant and also should take such order as all his Majesties lieges may subscribe the same And the said Lords of secret Councell acknowledging his Majesties pious and gracious disposition and affection to the purity of Gods truth did upon the 22. day of September instant unanimously and with all humble hearty and sincere affection sweare and subscribe the confession of Faith dated the second of March 1580. according as it was then profest within this Kingdome Together with the foresaid generall Band dated in Anno 1589. And now to the effect that all his Majesties lieges may give the like obedience to his Majesties so pious desire therefore the said Lords have ordained and ordaines all his Majesties lieges of whatsoever estate degree or qualitie Ecclesiasticall or Civill to sweare and subscribe the said Confession dated the second of March 1580. and that according to the said date and tenour thereof and as it was then profest within this Kingdome Together with the said generall Band dated in Anno 1589. as they will answer at the contrarie upon their obedience And ordaines officers of Armes to passe to the market crosse of Edinburgh and make publication hereof and at all other places needfull wherethrough none pretend ignorance of the same ANd next after that was proclaimed the Commission of the Lords of Our Councell whereby they appointed and designed severall Commissioners for requiring and taking the subscriptions of Our subjects to the said Confession and Band annexed throughout the severall Shires within the Kingdome which here followeth At Holy-rood-house the 24. day of September Anno 1638. FOrsomuch as a noble Marquesse James Marquesse of Hamiltoun Earle of Arran and Cambridge his Majesties Commissioner and the Lords of Secret Councell by an act of the date of the twenty second of this instant have by speciall warrant of his sacred Majestie sworne and subscribed with all humble and heartie affection and unanimously the Confession of Faith dated the second of March 1580. and at length insert in the Bookes of Privie Councell of and according to the said date and tenour thereof and according as it was then profest within this kingdome Together with the generall Band insert therewith in the said bookes of Privie Councell dated in Anno 1589. Like as also the said Lords of Councell by their Act of the date of these presents acknowledging his Majesties pious and gracious disposition and affection to the puritie of Gods truth and as thereby they conceive themselves bound in conscience and humble dutie to use and follow forth all possible diligence for procuring the subscriptions of all his Majesties Lieges thereto And to this effect have thought fit that the care and diligence in procuring thereof be committed to some of his Majesties Councell and others of the Nobilitie and Gentrie within the severall Sheriffedomes and Provinces of the Kingdome in manner after specified Therefore the said Lord Commissioner and Lords of secret Councell give power warrant and commission to such of their number and others after-following within the bounds after specified viz. For the sheriffedome of Edinburgh principall William Earle of Lothiane Archibald Lord Naper S. John Dalmahoy of that ilke S. George Towers of Innerleith For the Burgh of Edinburgh the Provost and Baillies of Edinburgh that are or shall be for the time For East-lothiane Robert Earle of Roxburgh Lord privie Seale Thomas Earle of Hadintoun John Earle of Lauderdaill Harrie Lord Ker S. Patrick Murrey of Elibanke S. Patrick Hepburne of Wauchtoun and James Maxwel of Innerweik For the Stewartie of Dalkeith John Earle of Traquair Lord Treasurer William Earle of Dalhoussie and S. James Macgill of Cranstonriddell For the sheriffedome of Peebles and Ettrick forrest the said Lord Treasurer and John Lord Yester For the sheriffedome of Selkirke the said Lord Treasurer the Earle of Hadintoun S. William Scot of Harden and Generall Ruthven For the sheriffedome of Roxburgh the Lord Privie-seale the Earle of Lauderdaill the Lord Ker S. Andro Ker of Greenhead S. William Dowglas Sheriffe of Tiviotdaill and S. Thomas Ker of Cavers For the Sheriffedome of Bervick the said Lord Privie-Seale James Earle of Home the Earles of Hadintoun and Lauderdaill and Laird of Blacader For the sheriffedome of Fyffe John Earle of Rothes Charles Earle of Dumfermeline John Earle of Annandaill John Earle of Wemes Lord Fentoun John Lord Lindsey David Lord Balcarres S. Thomas Hope of Craighall Knight Baronet His Majesties Advocate S. Alexander Gibson of Durie Sir James Learmonth of Balcolmie and S. Andrew Murrey of Balvaird For the sheriffedome of Linlithgow Alexander Earle of Linlithgow James Lord Amont S. John Hammiltoun of Orbeston Justice clerk Dundas of that ilk and M. George Dundas of Manner For the sheriffedome of Lanerk John Earle of Wigtoune Archibald Lord Angus Lord Fleeming Robert Lord Dalyell S. William Elphinstoun chiefe Justice Sir James Carmichaell of that ilk Treasurer Depute the said Justice-clerke S. James Lokhart younger of Lee Francis Douglas of Sandelands Gawin Hamiltoun of Raploche S. James Hamiltoun of Broom-hill Robert Hamiltoun of Torrence and Alexander Hamiltoun of Hags sheriffe For the sheriffedome of Striveling John Earle of Mar William Earle of Airth John Earle of Montrose Alexander Earle of Linlithgow John Earle of Wigtoun John Lord Flemming Alexander Lord Elphinstoun James Lord Amont and S. William Murray of Polmais For the sheriffedome of Dumfreis William Earle of Queinsberrie Master of Dalyell the Laird of Lag William Maxwell of Kirkhouse and John Dalyell of Newtoun For the sheriffdome of Clackmannan the said Earle
that barbarous insurrection which was raised the next day sufficiently testifie On the eighteenth of October 1637. the Bishop of Galloway and Sir VVilliam Elfinston Lord chiefe Justice of that Our Kingdome being appointed by the Lords of Our Councell to examine witnesses in a cause depending before them betweene Francis Stuart sonne to the late Earle of Bothwell and divers others the Bishop was peaceably passing along the street towards the Councell-house where the examinations were to be taken But suddenly an inraged multitude surrounded him and followed him with fearfull cursings and exclamations close to the Councell-house doore where hee was againe incountred afresh with a new troupe who watched and lay in wait for his comming thither and whose furie exceeded words for in all probabilitie the Bishop had beene pulled in peeces by them if by divine providence he had not beene defended by the said Francis Stuart who with much adoe got the Bishop within the doores of the Councell-house where Our Lord chiefe Justice staied for him But when hee was there that place of highest Reverence within that Our Kingdome was no Sanctuarie for him for they continued demanding his person and threatning him with death The report hereof and the danger of their Lords life was brought by some of the Bishops servants presently to the Earle of Traquair Our Lord Treasurer and the Earle of Wigton one of the Lords of Our Councell who were then at a lodging not farre from thence They came presently with their followers to the reliefe of the Bishop but verie hardly for the croud of the mutiners could approach the Councell-house where hee was at last when with much adoe they got entrance they found themselves in no better case then the Bishop was for the peoples furie meeting with no proportionable resistance increased the more The Lords thus beset in Our Councell-house sent privately to the Lord Provost Bailiffes and Councell of Edinburgh who were then assembled in their owne Councell-house requiring them to come to their rescue and to take some present order for their safetie They by one Sir Thomas Thompson who indeed was an eye witnesse of the truth of it returned this answer That they were in the same if not a worse case themselves if the Lords without did not presently pacifie the inraged multitude that the whole streets were pestred with disorderly people that their Councell-house was beset without and thronged within with their owne threatning Citizens who had vowed to kill all within their house unlesse they did presently subscribe to a paper presented to them which for feare of their lives they were forced to doe Which paper contained these three particulars First that they should joyne with them in opposition to the Service Book and in petitioning Us for that purpose Secondly that by their authoritie they should presently restore unto their Pulpits and places Master Ramsey and Rollock their two silenced Ministers Thirdly that they should restore unto his place one Henderson a silenced Reader No doubt three most important grounds for such a fearfull sedition No better answer being returned the Lord Treasurer and the Earle of Wigton with their followers resolved to go up to the Towne Councell-house and to use the uttermost of their authoritie or if that found no respect their best perswasions for settling the present sedition When they came thither they found the Magistrates verie much discomposed greatly perplexed as much doubting whether they should ever escape from the place with their lives yet they presently entred into consultation with them about what was fittest to be done in such an exigent and finding now that the publike divulging of that paper which the Magistrates and Councell of the Citie had subscribed and that the open proclamation of it throughout all their turbulent troupes and at the Crosse had a little asswaged their furious rage the Lords begun to advise with the Magistrates what was best to bee done for the safetie of the Bishop of Galloway whom they had left besieged in the Councell-house It was thought fit by all that the Lords should returne to Our Councell-house and containe themselves therein till the Magistrates might try what they could do for calming the commotion in the streets But no sooner had the Lords presented themselves to the streets but they were received with such violence as they were forced to retire untill such time as two of the Bailiffes with their Serjeants and Officers and such others as they got to attend them accompanying the Lords and repeating to the multitude what had beene yeelded to in the paper exhibited to them a little way was made at first But presently when they entred upon the great street the barbarous multitude run most inragedly upon them Their out-cries were horrible and confused but were as much as in such a confusion could be distinguished God defend all those who will defend Gods cause and God confound the Service Book and all the maintainers of it The Lords being in present and imminent danger assured the people that they would represent their grievances to Us for when they perceived that the people refused to obey any commandement which was laid upon them in Our name and that they sleighted their requiring of them to retire unto their owne houses and to behave themselves as quiet and good subjects under paine of Our highest displeasure they were glad then to betake themselves to intreaties and plausible perswasions but all in vaine For the people still increased their furie and that to such a height as that the Lord Treasurer was throwne downe his hat cloak and white staffe pulled from him so that if by the strength of some about him he had not beene presently pulled up againe upon his feet he had undoubtedly been trode to death and in that posture without hat or cloak like a notorious malefactour was he carried by the croud to Our Councell-house doore where the Bishop of Galloway and others of Our Councell were imprisoned in great feare and expecting the Lords returne for their reliefe Not long after the Provost and Bailiffes came thither to them told them they had used their uttermost power and perswasions with the best ablest and of the prime esteeme of all their Citizens for the appeasing of the present tumult and securing their Lordships persons but could finde no concurrence nor obedience Whereupon the Lords resolved to send for some of the Noblemen and Gentrie and others who were now frequently assembled for assisting the petition against the Service Book to try what help they would or could contribute for quieting the inraged people and what assistance they might expect from them in freeing them from the present danger They being sent for came to the Lords and declared unto them how much they were unsatisfied with the present mutinie offered their persons and power for securing them from all violence which the Lords in Our Councell-house accepting of with much adoe being guarded by them whom the people
man before his Father that confesseth him before men All of these and each of them besides your Lordships personall and particular obligations to God doe call for no lesse at your Lordships hands in the cause of so great and singular necessitie and we also doe expect so much at this time according as your Lordship at the houre of death would be free of the terrour of God and be refreshed with the comfortable remembrance of a word spoken in season for Christ Jesus King of Kings and Lord of Lords OUr Commissioner in the meane time resolved to publish Our gracious Declaration for relieving of their grievances and satisfying Our people in Our forwardnesse for the maintenance of the Religion professed in that Kingdome and Our aversnesse from Poperie which they of the Covenanters Table having notice of being above all things afraid that Our people should receive any satisfaction from Us or rest contented with the grace of Our reasonable proffers of favour did mightily repine at came to Our Commissioner and wished him for Our honour his owne safetie and peace of the publike not to make any such Declaration which undoubtedly would be encountred with a Protestation and that in such manner as would be displeasing to him and make the publishing of that Declaration be found disserviceable unto Us. Our Commissioner being perplexed with these unexpected and dangerous difficulties resolved by faire proceedings to gaine so much time untill he might make Us acquainted with them and receive Our answer and instructions concerning them In his Letters of advice he acquainted Us with the danger threatned if he should publish Our Declaration which though he knew to be full of grace yet the heads of the Covenant would never suffer the multitude of their members to understand it so Two things he desired of Us One that in case Wee continued in Our resolution of publishing Our Declaration Wee would be pleased to sweeten it with this further favour as to restore to the citie of Edinburgh the sitting of Our Councell Our Session and all other Courts of Justice which he conceived would be very acceptable to Our Councellors Judges to all Advocates and all dependents upon the Law to all Our subjects which had businesse depending in any of these Courts but most of all to the citie of Edinburgh which complained much of their being impoverished by absence of these Courts and that this was like to prove a most probable perswasion for reclaiming them to their former obedience Next that We would be pleased to give him leave to take a journy unto Us though he should returne presently that he might acquaint Us with the new emergencies of businesses and such other things as could not be conveniently expressed in Letters and so accordingly receive instructions from Us for his carriage To which Letters of advice Wee did returne by a speedie dispatch this answer That We would have Our Declaration no longer delayed but commanded him presently to publish it because Wee would not whatsoever the event should be have Our people barred the knowledge of Our Gracious intentions and favours towards them which We did see the leaders of them studied nothing more then to suppresse And that at his intreatie Wee were contented that all the Courts of Justice should presently begin to sit againe at Edinburgh for the reasons contained in his Letters and in hope of reclaiming of that Citie which otherwise by their misdemeanour had no reason to expect any such favour from Us And withall after the dispatch of these two that Wee were contented hee should repaire to Us as hee desired whensoever hee should finde it convenient taking first order with Our Councell for keeping all things in order untill his returne This answer of Ours so soone as Our Commissioner received he assembled Our Councell and made them acquainted with it who were so well satisfied with the bringing back of Our Courts of Justice to Edinburgh that presently they sent unto Us a Letter of thanks of this tenour Most Sacred Soveraigne THe Marquesse of Hamiltoun your Majesties Commissioner having imparted unto us your Majesties gracious pleasure and allowance that the Judicatories of the Councell of Session and others should be returned to the Citie of Edinburgh Thereupon the Lord Commissioner being present order was given for publication at the Market Crosse of Edinburgh with all solemnities requisite and that the like publication should be made throughout the whole Kingdome at all publike places This hath given so great contentment to all your Majesties subjects that we cannot expresse with what dutifull respect and heartie prayers for your Majestie they have embraced this great and undeserved favour In consideration whereof wee conceive our selves bound in dutie to acquaint your Majestie herewith and withall to render to your Majestie most humble and heartie thanks for this so great grace and goodnesse which wee hope shall contribute to the good of your Majesties service and to establishing the peace of the Countrie for the which we all your Majesties good subjects shall ever bee most thankfull and all in dutie bound to pray for your Majesties long and happie Reigne Holy-rood-house July 2. 1638. Subscribitur Traquaire Roxbrugh Mar Morton Winton Lithgow Wigtonne Kingorne Hadinton Lauderdaile Kinoul Southesk Lorne Naper Dalyell Ihay Ja Carmithaell Thomas Hop John Hammilton ANd accordingly Our Commissioner caused Proclamation to be made at the Crosse of Edinburgh for the first sitting downe of the Session there the Tuesday following being the third of July 1638. which was received with such joy by the Judges Advocates and all others having relation to the Colledge of Justice but above all by the Magistrates and Citizens of Edinburgh that Our Commissioner and Councell did then well hope all mens minds had beene well prepared to receive the Declaration of Our Grace and favour which was to bee published in the next Proclamation with an humble and thankfull acknowledgment which undoubtedly they had done if they had not beene not onely diverted but perverted by those men who interpreted every satisfaction of Our subjects received from Us to be a dividing and pulling them away from themselves And therefore they quickly cast about to finde out some meanes how this Our speciall favour might not be resented by them which was this They assured their followers that there were two of the Lords of Our Session viz. Sir Robert Spotswood President of the same and Sir John Hay Our Clerk of Register answerable to the Master of the Rolles here in England sworne enemies to their Covenant well affected to Episcopall government procurers and abettors of the pretended Innovations that unlesse these two were presently removed from Our Session there could be no good intended to them by the bringing of it back to Edinburgh and therefore advised them to send some of their number to Our Commissioner to desire that these two Our Judges might presently bee removed from that Court Not that they who put this in their
Our Commissioner they expected no satisfaction to their desire for they themselves did know as well as any Judge or Advocate in the Kingdome that no Commissioner either could award or ever had awarded any such processe as they required And therefore they moved Our Commissioner once againe that he would require Our Judges or Lords of Our Session to grant out such processe with which request when Our Commissioner made Our Judges acquainted they returned him that answer which the Covenanters knew verie well they could not chuse but make viz. That they could grant out no processe for the compeerance of any persons before them but those who were impleaded and whose causes were triable before them The truth is Our Commissioner found by inquirie and the Covenanters knew it perfectly well that the ordinarie way of processe or cytation to a Generall Assemblie was to passe it under the hand of the Clerk of the Assemblie whose office is during life if he be not legally removed usually too under the hand of him who was Moderator at the last Generall Assemblie both which were then living and are so still the name of the Clerk of the Assemblie being Master James Sandelands an Advocate and Commissarie of Aberdene and the Moderator of the last Assemblie being the now Archbishop of Saint Andrewes But they who had all this while gone on in disorderly illegall and unjustifiable wayes belike thought it an incongruitie to keep the beaten path and tract of justice in any thing and therefore they fell and resolved upon a way so unlike Justice so repugnant to Religion and common honestie as one would wonder how they hit upon it having neither Law nor practise for it which was this They caused to be drawn up a most false odious and scandalous Libell against the Archbishops and Bishops with a Petition annexed to the Presbyterie of Edinburgh wherein they desired the Libell to bee admitted by them the copie whereof as it was exhibited by them to the said Presbyterie and afterward publikely read in all the Pulpits thereof here followeth which out of Our love to the Christian Religion We wish might never come to the notice of any Pagan and out of Our love to the Religion reformed We wish might never come to the notice of any Papist But it cannot be concealed The Bill or the complaint of the Noblemen Barons Burgesses Ministers and Commons Covenanters which were not Commissionaries to the Assembly against the pretended Archbishops and Bishops within this kingdome as it was presented to the Presbyterie of Edinburgh with an Act of reference of the Bill from the Presbyterie to the next Generall Assembly as it was fully read on the Lords day before noone in all the Churches within the Presbyterie of Edinburgh according to the Act. Noblemen Unto your wisedomes humbly shewes and complaines We John Earle of Sutherland John Earle of Athol William Earle of Dalhousie Mungo Vicount of Stormouth Hugh Lord Montgomerie David Lord Elcho George Lord Forrester Arthur Lord Forbesse John Master of Berridale Robert Lord Boyd David Lord Balcarras John Lord Melvill Barons and Gentlemen Craggemillar Lugtoun Buchanan Young Dury Balgonny Balbirny Master William Hammilton Thomas Cragge of Ricarton John Cowper of Gogar John Hammilton of Boghall David Inglis of Ingliston John Dundas of Newliston Sir William Cockburne of Langton Patrick Cockburne of Clerkinton John Leslie of Newton Colonel Alexander Leslie David Barclay of Onwerme Sir Michael Arnot of Arnot Sir Michael Balfoure of Deanemill John Aiton of Aiton David Beaton of Balfoure John Lundie of Lundie Walter Murray of Liviston Sir John Preston of Ardrie Walter Cornwall of Bonhard William Scot of Ardrosse Robert Forbosse of Ricesse Sir Andrew Murray of Balvarde George Dundasse of Dudistone Sir William Murray of Blebo Master Robert Preston William Dicksone Ministers Master William Scot Minister at Cowper Master George Hammiltoun at Nuburne Master Walter Grog at Balmerino Master Iohn Machgil Parson of Fliske Master Andrew Blackhat at Aberlady Burgesses and Commons George Bruce of Carnock George Potterfield a Burgesse of Glasgow John Smith John Mill Lawrence Henryson Richard Maxwell Burgesses of Edinburgh WE for our selves and in name and behalfe of the rest of the Noblemen Barons Gentlemen Burgesses Ministers and Commons within this Realme of Scotland subscribers of the Covenant who are not chosen Commissioners to the Generall Assemblie but who will assist and insist in this complaint with us as faithfull Christians as loyall subjects and sensible members of this Church and Common-weale having interest to pursue this popular action in a speciall manner and an eminent degree by which pursuit God may bee glorified Christs Kingdome advanced that the Church may bee restored to her priviledges and liberties and freed from manifold scandals from the corrupters of Doctrine with Poperie and Arminianisme of the Sacraments with Superstition and Wil-worship and of the Discipline with tyrannie and from the overthrowers of the peace of this Church and Kingdome by their usurpations and lies their violent humours and falshood for their owne worldly ends may be tried and censured accordingly and so this Church and State made free from the present divisions and combustions and restored to peace and unitie both with God and amongst themselves and that his Majesties religious disposition and honour may be cleared to all the world by the triall and censure of those men who have fraudulently abused his Majesties name and authoritie by their trust and credit with his Majestie Wee most earnestly make request That whereas by the Lawes of this Church and Kingdome and by his Majesties last Proclamation all his Majesties subjects whether Ecclesiasticall or Civill of whatsoever title or degree if they have exercised an unlimited or unwarrantable power They are declared and ordained to be liable to the triall and censure of the Generall Assemblie and Parliament or to any other Judicatorie according to the nature and qualitie of the offence And whereas Master David Lyndsey pretended Bishop of Edinburgh Master Thomas Sydserfe pretended Bishop of Galloway Master Walter Whitefoord pretended Bishop of Brichen Master James Wedderburne pretended Bishop of Dumblane Master James Fairley pretended Bishop of Argyle Master John Spotswood pretended Archbishop of Saint Andrewes having their residences or dwelling places within the bounds of this Presbyterie of Edinburgh Master Patrick Lyndsey pretended Archbishop of Glasgow Master Alexander Lyndsey pretended Bishop of Dunkell Master Adam Bannatine pretended Bishop of Aberdene Master John Gutherie pretended Bishop of Murray Master John Maxwel pretended Bishop of Rosse Master George Greme pretended Bishop of Orkney Master Iohn Abernethie pretended Bishop of Caithnesse Master Neil Campbel pretended Bishop of the Isles should be tried and censured for their unlimited and unwarranted power For whereas it was provided in the Cautions agreed upon in the Generall Assemblie holden at Mountrose Anno 1600. for bounding of the Ministers votes in Parliament and concluded to bee inserted in the bodie of the act of Parliament for
There was a Petition presented against him to the Assembly and no voice must be allowed him untill he had answered that A very easie device for putting by any Commissioner whom they liked not since it was no hard matter to find one to present a Petition against any man Another Minister of the Channery of Rosse and Archdeacon of Rosse one Master William Mackeinzey Commissioner from the Presbyterie of the Channery upon certaine cavills both of his election and commission which did beare that he should continue there no longer then Wee or Our Commissioner should continue the Assembly because the sole power of calling and dissolving of Assemblies did belong to Us for the present was onely suspended from his voice the reason was plaine he was a Non-covenanter and had openly averred in the Assembly that at their election the Ministers of their Presbyterie were threatned by those who brought Letters from the Tables if they should returne the election of any but such as they who brought the Letters desired Two elections were returned from the Presbyterie of Aberdene One of Covenanters made by a few Ministers but many Lay-Elders at which neither the Moderatour nor the Clerke of the Presbyterie were present Another of Non-covenanters which election was made onely by Ministers and at which the Moderatour and Clerke were both present yet that other election at the returne whereof there wanted the Clerkes hand without which no Presbyteriall Act can bee taken for a Record was allowed and the other rejected upon the bare relation of one of the Covenanting Ministers who was returned wrongfully and the attestation of the other whom the Moderatour openly in the Assembly called up and desired to testifie whether the relation of his fellow was true an excellent way of proofe against a publique Record to take the testimonie of one who was as wrongfully returned as the Relator The Universitie of Aberdene sent none of their Professors to the Assembly not daring to trust themselves upon the way having been so much threatned with the losse of their lives for writing against the Covenant Onely they sent one of their number no Divine but a Professor of Humanitie to excuse their absence his Commission being read gave him onely power to be there and did constitute him their Agent in any thing which should concerne their Universitie requiring him to continue there and from time to time to give them advertisement of all that passed The Moderatour did justly affirme That that was no Commission the party having no power by it to give any voice in the Assembly and so there was no more to be said to it but immediately something being transmitted by whispering from eare to eare untill it came to the Moderatours eare the Moderatour begun presently to recant and perusing his letter of credence said hee perceived that there was onely want of formalitie in the draught which they might easily passe over and so they allowed that for a Commission which was none and admitted him to have a voice in the Assembly though the Universitie gave him no such power nor would they have sent any Commissioner but a Divine At this sudden change of the Moderatour made in him by a whisper many begun to smile and to lay wagers that the party admitted was a Covenanter which the Moderatour did not expect from that Universitie and that this secretly-conveyed intelligence of it had changed him and indeed afterward it proved to be so And thus the members of their Assembly were constituted just as they had designed them at which they were mightily over-joyed being now assured that they might conclude what they pleased And although it might in common reputation have better suited with the principles of wisedome not to have taken exceptions against these few elections which were made contrarie to their directions for thereby they had gained the opinion of impartialitie and had lost nothing of their power those few voices not being able to carrie any thing against their great number yet such was their blind obstinacie that they scorned that any one should sit there who runne not their rebellious courses as holding it a dis-reputation to them if they should be thought to have abated any thing not onely of their power but even of their will Besides not onely their peevishnesse but even their pride appeared notably in one particular Wee in Our Letters to the Assembly had nominated for Assessors to Our Commissioner these sixe The Earle of Traquair Lord Treasurer the Earle of Roxburgh Lord Privie-Seale the Earle of Argyle the Earle of Lauderdaile the Earle of Southesk Lords of Our Privie Councell and Sir Lewis Stuart an Advocate a farre fewer number then ever Our royall Father called to assist any of his Commissioners all which ever constantly had voices in the Assembly But here though these sixe suffrages were able to doe nothing against their minds yet because they would be sure to clip the wings of Authoritie they absolutely refused to let them have any voice at all telling Our Commissioner That he might consult with these Assessors if he pleased but that they were to have no voice in the Assembly affirming with incredible impudence That if We Our Selfe were there We should have but one voice and that not negative neither nor more affirmative then any one member of the Assembly had by which meanes they have published to the World this sweet and wholsome doctrine That their King in their Ecclesiasticall Assembly hath no more power then any Towne-Clerke Taylor or Sadler who shall sit as a Lay-Elder there which desperate opinion of theirs doth plainly shew the reason why in their last publique instructions preceding the Assembly they ordered That every Lay-Elder from Presbyteries should come attended with three or foure and every Commissioner from Burrowes with five or sixe of their owne ranke and qualitie who should continue with them all the time of the Assembly without whose advice they should not give voice to any thing a thing never heard of at any generall Assembly before Sure they had heard and knew the number names of the Assessors whom Wee had appointed to assist Our Commissioner and therefore they would have every mechanicall Artizan chosen a Lay-Elder for the Assembly whom they held to have equall power with Us in it to carrie the same badge of power and state with Us and to have their Assessors as well as We and those equall in number to Ours and the same power with Ours of consulting though not concluding All which whether royall Majestie and supreme Soveraigntie can or ought to digest any reasonable man may judge The Assembly being just now the same thing which the Tables were at Edinburgh in substance but in condition far worse for here were none now but the most obstinate Covenanters whom the severall Tables had picked out of all the packe and they meeting at the Towne-house of Glasgow alwayes before they met at the Church the place of the
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 CHARLES by the grace of God King of Scotland England France and Ireland Defender of the Faith To Our Lovits Heraulds Pursevants Our Sheriffes in that part conjunctly and severally specially constitute greeting Forsameikle as out of the royall and fatherly care which We have had of the good and peace of this Our ancient and native Kingdome having taken to Our serious consideration all such things as might have given contentment to Our good and loyall subjects And to this end had discharged by Our Proclamation the Service Booke Booke of Canons and high Commission freed and liberate all men from the practising of the five Articles made all Our subjects both ecclesiasticall and civill liable to the censure of Parliament generall Assembly or any other Judicatorie competent according to the nature and qualitie of the offence and for the free entrie of Ministers that no other oath be administrate unto them then that which is contained in the Act of Parliament had declared all by-gone