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The Acts and proceedings of the General Assemblies, which we have now presented in an accessible form to the notice and study of our countrymen, constitute the entire body of its statutes that are recognised by the Church as in any degree legitimate, during the long period which intervened betwixt the years 1602 and 1690.

During the years which immediately followed the Assembly of 1649, the dissensions, civil and ecclesiastical, which arose in an aggravated form, rendered all the proceedings of the Church courts of a very questionable character, insomuch so, that no authorized register of these proceedings is known to exist; nor has the Presbyterian Church, ever since the re-establishment of that form of polity at the Revolution, given the stamp of its sanction to any of the edicts which emanated from the few Assemblies that were permitted to be held subsequently to that of 1649. Indeed, after that time, and even before that time, the judicatories of the Presbyterian Church—divided into two furious antagonist parties, mutually excommunicating and excommunicated, persecuted and persecuting each other—had assumed such a position in relation to the supreme national authority, as virtually to dissolve its connection with the State, and practically to abrogate that constitution which it derived from the State in 1592—a constitution which had been again restored to it, with all the legal force of an Act of the Legislature, in 1641. It had ceased to be that Church which the law of the land thus sanctioned; and, by usurping civil and political powers not conferred upon it as a national establishment, and not legitimately belonging to any ecclesiastical body, it spontaneously broke asunder the ties by which it was connected with the State, and perpetrated its own self-destruction. It assumed temporal and political power, whereas only spiritual jurisdiction had ever been conferred upon it. The whole frame of its constitution, as settled by deliberate compact—in the first instance, in 1567, subsequently confirmed by the charter of 1592, and restored by the Act 1641—was entirely subverted; the subordination of its ministers and inferior judicatories to those of higher jurisdiction was repudiated; and the steps by which it gradually sunk and declined, were consummated by its final extinction as a National Establishment in the schisms which arose among its office-bearers, and the forcible dispersion and prohibition of its General Assemblies, under the mandates of a foreign conqueror.

In prosecuting our illustrative notices of its rapid decline, and fall, and abolition, by these concurrent circumstances, we are now relieved, in some measure, from adhering to the precise form of the Introductions to the Acts of each successive Assembly, which we have heretofore adhered to, and we are constrained to present the transactions for some years after the Assembly 1649 in a somewhat different shape—as a mere historical conclusion to the Acts of the Assemblies which are recognised; and although we shall give all the information we can glean connected with the Assemblies that were held subsequently, these, it must be remembered, have no such claim to the character of authenticity as that which belongs to the antecedent proceedings. The subsequent details, therefore, must be regarded, not as a record of the Acts of the Established Presbyterian Kirk, but as a mere historical sketch of Presbyterianism in Scotland, during a period of about five years. Presbytery remained, indeed, in a state of complete abeyance, as the Established Church Government of Scotland, during a period of forty years, when it was restored at the Revolution.

There are not, it is believed, any authorized minutes extant, of the Assemblies 1650, 1651, or 1652. The proceedings of the Commission of the General Assembly 1650, from July of that year to July 1651, fill a large volume of above 400 folio pages. A very few pages are extant of the Acts of the Commission of the Assembly 1651, (from August, 1651, to May 14, 1652,) not more than eleven pages. The Acts of the Commission of the Assembly, 1652, (from August, 1652, to May 30, 1653,) fill twenty-nine pages. The whole Acts and proceedings of these Commissions, from 1650 to 1653, could not be comprised in fewer than two very closely printed 8vo volumes of above 500 pages each. None of these Acts, although some of them are in print, ever possessed any authority except over a section of the Church, many of the other ministers and elders having protested against them, and held them to be null and void. Even, therefore, if these were accessible, (which they are not at present,) it would be altogether beyond the compass of this work to include them. Such of them, however, as we have been able to pick up from the controversial pamphlets and chronicles of the times, may be given in this supplement, not as being in any degree authoritative or legitimate Acts of the Kirk, but merely as illustrations of the history of those dark and troublous times.

The period to which our attention is now directed, is one which excites a painful interest. It is pregnant with lessons of infinite value: it presents the most humiliating views of human nature; and, while the hallowed name, and rites, and spirit of religion were desecrated by its pretended votaries—by the clergy of that age, in particular, without distinction of parties—these memorials present to view an incarnation of all the worst passions by which human beings are agitated.

Referring to the Acts of the Assembly 1649 as the most unexceptionable record, both of its proceedings and the spirit by which it was actuated, it will be observed, that, at its close, it appointed the next meeting of an Assembly to be held at Edinburgh, the second Wednesday of July, 1650, having, as usual, named Commissioners to act during the interval which followed.

In order to pave the way for the various extracts subjoined, it seems proper to give an outline of some domestic occurrences in Scotland during the year 1649, which have not already been adverted to, but which are calculated to throw light upon the state of society in this country at the period alluded to.

A detail has already been given of the events by which Argyle and the Kirk gained a complete ascendency in the government of Scotland, to the exclusion of all the loyal and moderate men, of whatever rank or condition; and the power thus acquired was not permitted to slumber in a state of inactivity. The Whigamore Parliament, purged as it had been of every countervailing element, proceeded, in the beginning of March, to enforce the Act of Classes, (so called, from the classification of those who were excluded from the public service into various grades,) and they began with the highest functionaries of the State. The Earl of Crawford was removed from the office of Treasurer, and his place supplied by a commission, of which Argyle, Eglinton, Cassilis, and Burlie were the members; and Sir James Carmichael, the Deputy, was displaced, to make way for his own son, who was a minion of Loudoun’s, The Earl of Roxburghe was ousted as Lord Privy Seal, and the Earl of Sutherland substituted in his room. Cassilis and Lothian were appointed conjunct Secretaries in place of Lanerick, proscribed. Gibson of Durie was superseded, and Johnston of Wariston named Clerk-Register; and Thomas Nicolson supplied the vacancy created by Johnston’s promotion, in the office of Lord Advocate. They displaced no fewer than eight Judges of the Court of Session, and appointed others in their places. Lords Couper and Cassilis were appointed extraordinary Lords of Session, and the latter held no fewer than three of the highest posts in the executive departments of the State; and they ordained George Marquis of Huntly “hes head to be choped off from hes bodey, at the Crosse of Edinbrughe, one Thursday, the 22 of Marche, this zeire, wich wes performed”—the Duke of Hamilton, the Earl of Holland, and Lord Capell, having, on the 9th of that month, been subjected to the same penalties in England, for their resistance to lawless power; while three separate gifts and grants, in favour of Loudoun, were passed the first Exchequer day that was holden; and, in the north, about the same time, the Lord Reay and other loyalists were defeated and taken prisoners, and Inverness subjected to military conquest.425

Nor was the Commission of the Kirk supine at that dismal season. From the middle of September to the middle of October, it held a Visitation for Angus and Mearns: it deposed eighteen ministers, and suspended five for “insufficiencie for the ministrie, famishing of congregations, silence in the tyme of the leatte engagement against Englande, corruptions in life and doctrine, malignancie, drukenes, and subscriving of a divisive band,” &c.426 These were not the only ecclesiastical achievements of the Commission; for, besides several other depositions, a Committee of Assembly visited St Andrews, concussed Baron, one of the professors, to demit his office; and, by a system of terror, endeavoured to crush the seeds of malignancy among the teachers and youth in that university. Cant and Rutherford were the presiding spirits on those occasions: “Mr Samuell Rutherfurd [who] altho lousse in hes zouthe, hes beine from his first begining a suorne enimey to Monarchey, as hes wrettings testifie, [Lex Rex, &c.,] a hatter of all men not of hes oppinion, and one quho if neuer so lightlie offendit, vnreconcilable; woyd of mercey and charity, altho a teacher of both to others.”427

Such was the complexion of affairs in the summer of 1649; and we shall best accomplish our object, in a brief abstract of these Scottish annals, by noting, in the first place, from the authentic Acts of the Estates, the more prominent particulars therein recorded, and subjoining these to such documents and extracts from contemporary chronicles as may fill up the outline thus presented.

On the 18th of July, 1649, the Estates appointed a committee to meet at Perth upon the 24th of August, and to call before them all persons within the Highlands, islands, and other places, who were upon the late Engagement against England, or had been accessory in any manner of way to the troubles of this kingdom; and to call on all landlords, and baillies of land, and chieftains of clans, to subscribe a bond and declaration for keeping the peace of the kingdom, and to obtemper [obey] any orders the Committee should appoint for that effect; with power to do all things necessary for keeping the peace of the kingdom.428 On the 31st, commissions were also granted for visiting the universities of Edinburgh and Aberdeen;429 and, on the 7th of August thereafter, a further commission was granted for the Committee of Estates to sit and act, with plenary powers, till the next session, which was appointed for the first Thursday of March, 1650. Winram of Libberton was appointed Commissioner on a new mission to the King, and (12th September) he was furnished with a letter to the King, and instructions for conducting the negotiations with his Majesty.430

And thus closed the third session of the Whigamore Parliament. For an illustration of the relative transactions, whether with regard to affairs of Church or of State, we must refer to the memorials of the times.

The fourth Session of the Whigamore Parliament was opened at Edinburgh on the 7th of March, and next day a letter was approved of to be sent from the Estates to Charles II. acknowledging receipt of his Majesty’s acquiescence in their desire to accept the Government. Commission was granted to the Earl of Cassilis and others to repair to the King at Breda, and treat upon the ground of the former “desires” presented to him at the Hague by the Commissioners of Parliament, “according to the Solemn League and Covenant,” &c. Instructions were also given to the Commissioners; and an adjournment then took place till the 15th of May following.431

The Parliamentary proceedings from that time till the end of the year, may be thus given in an abbreviated form, so as to afford a general view of its progress:—

The foregoing meagre abstract serves only as an index to some of the transactions in Scotland during the year 1650, one of the darkest and most perplexed in our history, which we must now endeavour, if possible, to render intelligible by a little more detail. Instead, however, of attempting to reduce into a connected narrative of our own the complicated “skein of mingled yarn,” we shall select a series of statements from the several records of the period, taking these indiscriminately from men of all the parties which then existed and fretted their hour upon the stage. This must be done at the expense of repetitions; but that is fully compensated by the additional light and evidence which will thus be concentrated within a narrow compass compared to what is at present to be found in any single record.

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[February.] This mounthe manney basse and eiuell rumors wer vented abroad of the Lord Chanceler; amongest maney, ther was one anent a woman that had borne him a chylde, and was conwayed to the Englishe border, and was a missing, and thought to be killed. Some ministers went to him, to show him of thesse foule aspertions wich wer wented off him; he menteined his auen innocencey, and shew them that thesse wer bot calumnies forged by his enimies, and some others that affected independencey, to make him vngratious to the churche and people; bot God wold in his auen tyme cleire his innocencey, and discouer ther malice.

In Febrij: one Mr Johne Lawsone wes sentenced by the Lordes of Sessione to haue hes tounge perced with a bodkin by the hangman, at the tron of Edinburghe, for periurey and falsett; and hes 2 associattes had ther eares nailled to the trone that same day, for bearing falls wittnes; wich, conforme to the sentence, wes put to executione.

In this same monthe of Febrij: 25 day, wther 3 persons for bearing falls wittnes, wer lykwayes sentenced by the Lordes of Session to haue ther eares nailled to the trone of Edinburghe by the hangman, ther dittay being wrettin one a shedule one ther faces, and they thereafter to be banished the kingdome for euer; to wich, if euer heirafter they returned, and wer apprehendit, they shuld be hanged; wich sentence was accordinglie put to executione.

In Appryle this zeire, 1650, the rebells from Orknay invadit Cathnes, and spoyled both it and Sutherland; they wer commandit by _________. L. G. Dauid Lesley marched aganist them with 4000 horsse and footte; his randewous wes one Brechin Moore, the 25 day of the mounthe of Appryle, 1650.

27 of Appryle, 1650.—Leiuetenant Generall Lesley hauing appoynted a randeszwouse of his forces at Brechin, 25 of Appryle, did make all possible haist aganist the enimey, marching 30 myles eurey day: and to put a stope to the enimies aduance, he sent Leiuetenant Colonell Strauchan befor him, to command the troupes that wer laying about Rosse and Inernesse. Vpone Saterday, the 27 of Appryle, the enimey was quartered at Strathekell, in Rosse; L. Colonell Strachan, with hes auen troupe, Colonell Montgomerie, Colonell Kers, L. Colonell Hacketts, and the Irishe troupe, wer quartered about Kincardine. Ther number that were present being onlie about 230, the officers being conweined, and haueing consideredthe grate scarsity of prowisions for horsse, and that it was werey probable, the enemies strenth being in footte, they wold take the hills vpone the aduance of more of our horsses; they concludit to feight that wicked crew with the force they had: bot the Lordes day approaching, and the enimey being 10 myles distant, they doubted wither to marche towardes them presently, or to delay wntill Monday, and so declyne the hazard of ingageing vpone the Lordes day; bot this doubt wes soune remowed, for notice was presently brought that the enimey was marched from Strachekell to Corbisdale, sex myles neirer wnto them, whervpone they fourthwith drew vpe in 3 pairties, the 1 consisting of neire a 100 horsse, to [be] led one by L. Colonell Straquhan; the 2d some more then 80, to be led one by L. Colonell Hackett; and the 3d about 40, to be led one by Capitane Hutchesone; and 36 musqueteires of Lawers regiment (wich wer occasionally vpone the place) to be led one by Quartermaster Shaw. After prayers, said by ther minister, they marched about 3 a clocke in the afternoone towardes the enimey, quho wer drawn vpe in a place neire a hill of Scrogie Wood, to wiche, vpone the aduance of our horsses, they quickly reteired; yet L. Colonell Strachan persewed them into the woode, and at the first charge, made them all to rune. The Lord did stricke suche a terror into ther heartes, as ther most resolute commanders had not the courage to lifte a hand to defend themselues, and our forces, without oppositione, did executione one them for 5 or 6 myles, euen wntill sunne sett.

Ther wer killed 10 of ther best commanders, most of ther officers takin, and 386 comon souldiers. The nomber of the quhole (as the prissoners did informe) was not aboue 1200, of all wich ther did not escape one 100, bot wer ather takin prisoners, killed, or drouned in a riuer that was neir the place. The cheiffe standard, called the Kinges, and four others, wer takin; the traitor, James Grhame, fled, bot was afterwards takin by the Laird of Assins people; his horsse was takin; his coate, with the stare and suord belt, wer found in the feild. L. Col: Strachan receiued a shotte vpon his belley, bot lighting vpone the double of his belte and buffe coate, did not pierce. One of our troopers haistining too forwardly after a boate, wich carried 2 or 3 of the enimey ouer the riuer, was drouned, and 2 wer woundit; and this was all the losse Straquhan and hes followers had. It is to be remembred, that Cap: William Rosse, and Cap: Johne Rosse, came vpe to the executione with 80 footte, chosen out off the countrey forces, and did good seruice.

Friday, 17 Maij. Sessio 1.—Acte ordaining James Grhame to be brought from the Watter Gate one a cairte, beare headit, the hangman in his liuerey, couered, ryding one the horsse that drawes the carte, (the prissoner to be bound to the carte with a rope,) to the tolbuith of Edinbrughe, and from thence to be brought to the parliament housse, and ther, in the place of delinquents, one his knees to receaue his sentence, viz. to be hanged one a gibbet at the crosse of Edinbrughe, with his booke and declarations tayed in a rope aboute his necke, and ther to hing for the space of 3 houres, wntill he wer dead; and therafter to be cutt doune by the hangman; his head, hands, and leges to be cutt offe, and destribute as followes, viz. his head to be affixed one ane iron pine, and sett one the pinnackell one the west gauell of the new prissone of Edinbrughe; one hand to be sett one the porte of Perth; the other one the porte of Stirling; one lyge and footte one the porte of Aberdeine; the other one the porte of Glasgow. If he was at his deathe penitent, and relaxit from excomunication, then the truncke of his bodey to be interrid by pioners in the Gray Friars; wtherwayes to be interrid in the Borrowmure, by the hangmans men, wnder the gallowes.

Saterday, 18 Maij. Sessio 1.—Saterday, 18 of Maij, James Grhame entred Edinbrughe, according to the ordinance of parl: of the 17 of Maij, with 23 prissoners, all commanders, and S? Johne Harvey, his Generall Maior, and wer all of them comitted prissoners to the tolbuith of Edinbrughe.

The housse mett this same day, lykwayes, by aine especiall ordinance, at 6 a clocke at night, and sent Robert, Lord Burlie, S? Ja: Hope of Hoptone, George Porterfeld of Glasgow, Mr James Durhame and Mr Ja: Hamilton, ministers, to James Grhame, to aske at him if he had aney thing to say; and to shew him, that he was to repaire to the housse to receaue his sentence. They wssed some interrogators to him, and brought his ansuers in wreat.

The housse delayes the execution of James Grhams sentence till Monday, at 10 houres, the 29 day. The housse ordaines the Lord Burlie, S? James Hope, George Porterfeild, S? Archbald Johnston, Clercke Register, S? Thomas Nicolsone, K? Aduocat, and S? James Steuart, Prouest of Edinbrughe, to examine James Grhame one some poynts anent Ducke Hamilton, and others; and becaus he was desyrous to wnderstand of them formerlie, how it stood betuix the King and them, the parl: ordained them to shew him the truth, that ther commissioners and the Kings Maiestie wer aggreid, and that his Ma??? was coming heire to this countrie.

Monday, 20 Maij. Sess: 2.—The parl: mett about 10 a clocke, and immediatly after the doune sitting, James Grhame wes brought befor them, by the magistratts of Ed?, and ascendit the place of delinquents; and after the Lord Chanceler had spokin to him, and in a large discoursse declared the progresse of all his rebellions; he shew him that the housse gaue him liue to speake for himselue, wich he did, in a long discoursse, with all reuerence to the parliament, (as he said.) Since the King and ther commissioners wer accordit, he pleaded his auen innocencey, by calling all his auen depredations, murthers, and bloodshed, only diuersione of the Scotts natione from interrupting the coursse of his Maiesties affaires in England; and as for his last invasione from Orknay, from wich (said he) he moued not one footte, bot by his Ma???? especiall direction and command; that, he called an acceleratting of the tretty betuix his Maiesty and this natione. To him the Lord Chanceler replayed, punctually prouing him, by his acts of hostility, to be a persone most infamous, periured, treacherous, and of all that euer this land brought fourth, the most creuell and inhumane butcher and murtherer of his natione, a suorne enimy to the couenant and peace of his countrey, and one quhosse boundlesse pryde and ambition had lost the father, and by his wicked counsells done quhat in him lay to distroy the sone lykwayes. He made no replay; but was commandit to sitt doune one his knees, and receaue his sentence, wich he did; Arch: Johnston, the Clerck Register, read it, and the Dempster gaue the doume; and immediatly arrising from off his knees, without speaking one word, he was remoued thense to the prisson. He behaued himselue all this tyme in the housse, with a grate deall of courage and modestie, vnmoued and vndanted, as appeired, only he sighed too seuerall tymes, and roulled his eiyes alonges all the corners of the housse; and at the reiding of the sentence he lift vpe his face, without aney word speaking.

He presented himselue in a sutte of blacke clothe, and a scarlet coate to his knee, trimmed with siluer galouns, lined with crimpson tafta; one his head a beuer hate and siluer band; he looked somequhat pale, lancke faced and harrey.

Tuesday, 21 Maij. Sess: 1.—This day the 281 comon souldiers taken at Kerbester, that wer in the Canongait prisson, the housse ordaines 40 of them, being forced from Orknay, and hauinge wyffe and children, to be dismissed. The housse giues 6 of them, being fishers, to the Leiutenant Generall; also wther 6 fishers of them giuen by the Parliament to the Marques of Argyle; and 6 of them, being zoung lustie fellowes, giuen to S? James Hope, to his lead minnes. The remnant of them the housse giues to the Lord Angus and S? Robert Murray, to recreut ther Frenche regiments with, to be transported out of the countrey to France.

This afternoone, James Grhame was execuitt, conforme to the sentence of parliament, at 3 a clocke.

I should be sorie that this should be a scandall to aney good Christian. It happins to the righteous according to the wayes of the wicked, and to the wicked according to the wayes of the righteous. They that know me should not condeme me for this; maney grater then I haue beine delt with in this kynd; zet I must say that all Gods judgements are just, for my priuat sines. I acknouledge this to be just with God, and I submitt myselue to him; zet in regaird of man, I may say I am just. I blame no man, I complaine one no man for this judgement; I take it from the hand of God; they are bot instruments, I forgiue them; God forgiue them. But to exonerat myselue, that I giue no scandell to the people of God, all that I did was the just commands of my King in his distresse; I know nothing bot to feare God and honer the King, according to the law of nature and nations. I haue not sinned against men, bot against the Lord; and with him ther is mercey; and this is my ground of drawing neir him. I pray God this be not for farder judgement one this land; bot I will not enter on Gods secretts. That wich cheifflie can be said against me is amongest the Lordes people; that I am wnder the censure of the churche, it is not my fault, seing I bot obayed my lawfull prince. Zet I am sorie that they excommunicatted me, and in that wich is according to Gods law, I desyre to be relaxit; and if they will not, according to my conscience, I appeale to God, quho is a righteous judge, that must be my judge. There is one thing much spokin aganist, that I lay all the blame one the King; God forbid! As for the lait King, he liued a saint, and deyed a martyre; I pray God I may end so: and if euer I wold wishe my soule in ane other mans soules steed, it is in his. And for this King, according to his zeires and capacity, wich is guid, no people might be happier then wnder him. All his commands to me wer most just; in nothing that he promisses will he faile; he dealles justlie with all. Thesse testimonies haue I giuen to the last King, and to this King; and I am faithfull to the lait Kings memorie, and to this Kings persone; and all trew people that feare God are of my oppinione. It is not obdurdnes of heart that is in me, bot the light of my soule and conscience, and Gods spirit in me. I thank God I goe not to Heavens throne ingnorantly, thoughe I haue not much knowledge; I desyre not to be presumptous; God suffers me not to fearre the terors of death. I haue that conscience and reasson in that measure that he giueth it me, therfor I goe with courage to death; and quhateuer be my end, lett God be glorified, though it wer to my damnation. I say not this out of weekness and feare, bot out of my deutie to God, and loue to this people; ffor looking one you, I cannot bot morne; therefor I can say no more, bot remitts myselue to your charity, and I desyre your prayers. You that are scandelized at me, giue me your charity; I shall pray for you all: I leaue my soule to God, my seruice to my prince, my good will to my frindes, and my name in charity to you all. I might say more, bot I have exonered my conscience; the rest I leaue to Gods mercey. Being desyred to pray, he said, I haue alredey poured fourth my soule befor the Lord, quho knowes my harte; in his hands I haue comitted my spirit. If you will not joyne with me in my prayer, then my being in priuat, will be a scandell to me and you bothe.

Wedinsday, 22 Maij. Sessio 1.—The housse appoynts a committee to tray the depositions of 54 Witches, with pouer to the said committee to giue out comissions for ther furder trayell, examinatione, and executione; as also to thinke vpone a constant coursse and commissione for that effecte heirafter, and to report.

Thursday, 23 Maij. Sessio 1.—Tuo supplications and actes to be passed, exhibit to the house by the Commission of the Generall Ass: one anent papists defrauding of ther heires wich are couenanters;—remitted to a comitte to be thought one. The other anent the furder purging of the armey and judicatories, remitted lykwayes.

Saterday, 25 Maij. Sessio 1.—The Marques of Argyle reported to the housse, that himselue had a letter from the Secretarey, the Earle of Lothean, wich shew him that his Maiestie wes no wayes sorey that James Grhame was defait, in respecte (as he said) he hade made that invasione without and contrarey to his command.

Wednesday, 29 Maij. Sessio 1.—Petitione of the tuo honest Orknay ministers, humblie desyring a ratificatione of ane acte of the Commissioners of the Generall Assembley, modifinng to them 10 thousand merkes Scotts for ther losses, out of the stipends of the deposed ministers of Orknay, quho had landed with James Grhame; desyring letters of horning to charge for the same; granted by the parliament.

This day at 2 a clocke in the afternoone, conforme to the sentence of parliament, S? Johne Horrie and Cap: Jo: Spotswoode wer executte at the crosse of Edinburghe. S? Jo: Horrie wes penitent, and confessid that his grate and manyfold sinns aganist God, had brought him to that so publicke ane end. Bot Johne Spotswood deyed in a furey and rage, almost distracted of his witts, and wold confesse nothing.

Fryday, 31 Maij, Sessio 1.—Report anent S? William Hay of Dalgatey, Barronett, quho was forfaulted by the parliament in St Andrewes, in A? 1645, and excomunicat thereafter for poperey, ratiffied; and he being this day called befor the parliament, and asked by the president giue he had aney thing to say for himselue befor the sentence and doume wes pronunced aganist him, said nothing, bot that he was to goe to Germaney, and went to the King to haue his passe; and by him wes commandit to attend James Grhame to this countrey. He was comandit to kneele one his knees, wich he did; then did the Register reid to him the parl: sentence, wich was to haue his head struckin from his bodey one Tuesday nixt, the 4 day of Junij, at the crosse of Edinbrughe, at 2 a clocke in the afternoone; and the magistrats of Edinbrughe commandit to see this sentence put to executione.

Saterday, 1 Junij. Sessio 1.—The housse ordaines the Ministers of Edinburghe to end ther sermons befor 9, and then the grate bell to ring daylie at 9 for the conweining of the parliament.

Thursday, 21 Junij. Sessio 1.—A letter to William Leuthall, Speaker of the Parliament of England, from the housse, read. Ane vther letter to the Generall of the armey, Fairfax, read. With ane to the Gouernour of Neucastle, S? Arthur Hasilrige, read. Thir 3 letters being read in parliament, the housse ordaines them to be communicat to the Commissione of the Kirke.

Fryday, 22 Junij. Sessio 1.—Alexander Charteres, the Laird of Emsfeilds brother, execut this day at the crosse of Edinbrughe; quho receuid sentence of death one his knees, in the parliament housse, one Wedinsday the 13 of Junij.

Wedinsday, 26 Junij. Sessio 1.—This day, letters from our commissioners wer read in the housse, shewing that his Maiesty was sauely arriued at Germouth, in Spey, one Sunday, 23d of Junij instant; and that befor he landit, had solemly suorne and subscriued the couenant, and the lige and couenant.

Thursday, 27 day. Sessio 1.—A letter from Mr Jo: Leuingston to Mr Rob: Douglasse, presented be Mr James Hamilton to the housse, anent his Maiesties subscriuing the couenant, and the leauge and couenant, and granting all the desyres both of churche and stait, of the dait 23 Junij, 1650; read and communicat to the parliament.

The housse ordaines the President of the Parliament to rander the Comissione of the Gen: Ass: in ther name, thankes for ther correspondence.

Friday, 28 Junij. Sessio 1.—Mr James Hamilton, from the Com: of the Kirke, shewes the housse, that they had chossen Mr Dauid Dicksone, Mr James Durhame and Mr Robert Burnett, zounger, reuling elder, to goe to the King, from the Commission of the Generall Ass: and in ther name to congratulat his Maiesties saue arriuall; and intreats the housse that they may accompaney ther commissioners to his Maiestie.

Mr James Hamilton lykewayes presents to the housse a Varning of the Com: of the Generall Ass: to the kingdome, of the dait 25 Junij, 1650,432 read in the housse. The president is comandit by the housse to rander the presenters thankes; and withall, to intreat them that they wold delay the printing of it some shorte tyme, wntill the parliaments declaration wer redey to be insert therwith, and printed.

Monday, 1 Julij. Sessio 1.—Brodie and Libertone made a full relation of all ther negotiation with his Maiestie; they producit the couenant, withe the churche explanatione, subscriued with the Kinges hand, as also the concessions subscriued by his Maiestie.

The Marques of Argyle this day reportes to the housse, that he had a letter from a trustey frind, shewing him that the Presbyterian partey in England had so delt with Fairfax, the Englishe Generall, not to come aganist the Scotts, that he not only refussed that seruice, but had layed doune his commissione.

Thursday, 4 Julij. Sessio 1.—Acte discharging all duells and combatts, and apeallations therto, wnder the paine of death; the appellants and challengers to be degraded by the hands of the hangman, wnder the gallows, and then to be hanged therone. The accepter of the challenge to be punished with death; and the carrier of the challenge to be banished the kingdome; wotted and past.

The 5 of Julij, 1650, his Ma??? cam from St Andrewes, and wes banqueted in Couper, to his auen housse of Falkland, one Saterday. My L. the Earle of Arundaill intertained him wntill Monday at night

Mr Thomas Nicolsone, his Maiesties Aduocat, wes knighted in the withdrauing roume at Falkland, after supper, one Wedinsday, the 10 of Julij instant. His Maiesty stayed at Falkland wntill Tuesday the 23 of Julij, from quhence he did remoue to Perthe for one night, quher he was feasted with all his traine by the magistrats of the said brughe, in L. Generall Dauid Lesleyes housse. Hes Maiestie, at hes entrey, was mett by the prouest and magistrate and counsell, all in mourning, with a gaurd of partisans, who attendid his Maiesty during his abode ther, in mourning lykwayes. Mr George Halybrunton, one of the ministers of the toune, had a prettey congratulatorey oration to his Maiestie. After dinner one Vedinsday, his Maiestie went to the gardin housse one the riuer, quherin ther wes a table couered with desert of all kinds; ther the Prouest, one his knees, presented to his Maiestie his Burges Bill, and ane other to the Ducke of Buckinghame. His Maiestie, at my desyre, wrotte in ther booke of preuilidges his name and motto thus:

24 Julij, 1650.

Charles R.
Nemo me impune lacessit.

Vedinsday, 24 Julij, his Maiestie went from Perth to Dumfermling. He wisited the Lord Burlie by the way, quher he wes welcomed with a banquett.433

Thursday, 25 day of Julij, his Maiestie, after dinner, departed from Dumfermling to his auen housse, Streueling Castle.

One Wednisday, 31 of Julij, Gen: Maior Rob: Montgomerey, and Colonell Straquhane, led out a pairtey, against the enimey, of 2000 horsse and 500 foote, and beatt him soundlie; and if he had had 1000 more, they had routted his quhole armey. They killed to him 5 Colonells and L. Colonells; mortly woundit L. Gen: Lambert, and aboue 500 souldiers, and returned with no grate losse.

One Monday the 29 of Julij, Cromwell, with all his armey, assaulted our trenches neir the Quarrell holles, bot wes valliantly beat offe and repulsed, and 2 of his canon takin; and hes footte partey routted by Lawers regiment, quho doublett alone, mounted the hill at St Leonards chapell, and dange them from ther canon, wich they had planted ther to shotte one our trenches at the Quarrell holles. The Englishe flange ther armes from them, and betooke them to ther heiles, wntill a brigad of horsse aduanced, and reganed ther canon; bot with grate losse of men and horsse, quhom Lawers men from the hedges and rockes played wncessantly with ther musketts.

Cromwell being soundly beattin one Vednisday by our men, reteired backe to Muchellbrughe, Prestone and Inereske one Thursday, and ther begane to intrinche himselue; he made stables of all the churches for hes horsses quhersoeuer he came, and burned all the seatts and pewes in them; riffled the ministers housses, and distrayed ther cornes.

Cromwell sent a trumpte, on Thursday the 1 of Aguste, to L. Generall Lesley, with a liste of suche prissoners of ours as he had takin since his inwading the countrey, wiche amounted to the nomber of 80, and desyred that he might haue them exchanged.

The L. Generall, with the adwysse of the Committee, did returne the blasphemer this anssuer, that he had giuen strict order and command to all the countrey, not to take or moleste aney of his horsse ore footte souldiers in ther peceable retrait home to ther auen countrey, bot to intertane them kyndly, and assure them a saffe passage to ther homes.

The Comittee of Parliament for purging the armey, did meitt this 2, 3 and 5 dayes of Agust; they acted nothing against the enimey, bot purged out of the armey aboue 80 commanders. The ministers in all places preched incessantly for this purging, sheuing, if that committe did not proceid, the consequences that wold follow wold certanly proue lamentable and destructiue, and wold vndoubtedly multiplie Gods judgments vpone the land and armey.

One Monday the 5 day of Aguste, Cromwell reteired backe with his armey from Mussilbrughe and Innerescke to Dumbar, after he had sent the day befor, a letter, most ridicolus and blasphemous to the Comission of the Generall Assembley, and a replay to the Committee of Estaits anssuer to his foolishe declaratione, being in effecte nothing bot a rapsodey of bosting and hyperbolicke nonsense.

One Friday, the 9 of this mounth of Agust, ther came from the Committee of the Armey and Kirk to his Maiesty, to Dumfermling, commissioners, viz. the Earle of Lothean, Secretarey; S? Archbald Jhonston, Register; Mr Robert Douglas, Mr James Guthrie, Ministers; and Mr Robert Barclay, Prouest of Irwing, to intreat him that he wold be gratiously pleased to subscriue that declaratione, wich the armey so muche desyred his Ma??? to emitt for the satisfaction of all honest men; wich wes deliuered by the Marques of Argyle to him some few dayes befor. His Maiestie did receaue ther message gratiously, about 1 a clocke in the afternoone, and delayed giuing them ane anssuer wntill his returninge from hunting in the eiuning this night, wiche he desyred them to expecte; bot they receauid no contentment: the King dennying absolutly to declaire aney thing [that] might rube vpone his father, so they depairted, vpone Saterday, vnsatisfied.

Cromwell, with his armey, raisse one Tuesday the 13 day, from Mussilbrughe, and vent vest with touardes Colintoun; and our armey drew fourth of ther trinches, and marched after them towards Corstorphine.

This Tuesday his Maiestie called a counsell at Dumfermling, the first he held since his coming to Scotland; it [was] held in his Ma???? bed chamber; ther wer present of counsellers ther, Argyle, Lothean, Eglinton, Tuedale, Lorne, Thesaurer-Deput, &c. The results of ther consultatione wer, that his Maiestie should presently wreatt to the Commissione of the Kirke, and shew them that he wold follow ther adwisse, not only in the declaratione, bot in all thinges ells that concernid the peace of the kirke and religion, and couenant; only he intreatted them to be als sparing of his fathers name and memorie as necessarily could be.

One Wedinsday, in the afternoone, the Earle of Weeymes and Mr George Winrhame of Liberton, came to Dumfermling to his Maiestie, with a shorte declaratione of the Comission of the Kirkes, ratified by the Com: of Estaits, shewing, that since, by ther frequent messages and petitions sent to his Maiesty anent his assent to a declaration to be emitted, he had altogider refussed the same; thesse, therfor wer to shew to the world, that wntill he condescendit to passe the forsaid declaratione, they wold nather auen him nor his causse. The ministers hes Maiestie had wrettin for 2 dayes befor, for soluing some scrouples he had in the declaratione they demandit, cam to him one Thursday to Dumfermling, viz. Mr Dauid Dicksone, Mr Patrick Gillespie.... And after much disputatione, some alterations in wordes wer accordit one; it being wrettin ouer in mundo, his Maiestie signed the same, at Dumfermling, one Friday the 16 day of Agust, about 3 in the afternoone, and immediatly therafter tooke horsse for Perthe.

They all, both churche and stait, passed from that declaratione sent by the Earle of Weymes and Liberton; and gaue his Maiestie humble thankes for granting the desyres of the church, staite, and armey.

Thoughe his Ma???, as a deutifull sone, be oblidged to honor the memorie of his royall father, and to haue in estimation the persone of his mother, yet doeth he desyre to be deeply humbled and afflicted in spirit befor God, becausse of his fathers opposition to the worke of God, and to the soleme leauge and couevant, by wich so muche of the blood of the Lordes people hath beine shed in thesse kingdomes; and for the idolatry of his mother, the toleratione quherof in the kings housse, as it was matter of grate humbling to all the protestant churches, so could it not be bot a heighe prouocation aganist him, quho is a jelous God, visiting the sinns of the fathers vpone the children, &c.

2. That he hath not subscriued the couenant vpon aney sinister intentione and crooked deseinge, bot sincerly; and that he will haue no frinds or enimies, bot thesse of the couenant; requiring all to lay doune ther enmity against the causse and people of God.

3. That the trettey with the Irishe be void.

4. That by hes commissions at sea, no merchants follouing ther trade be interrupted; and though his Ma??? desyre to constructe weill of the intentions of thosse (in reference to him) that opposed the couenant, zet he will not giue comissione to aney such, wntill they take the couenant, and giue euidence of ther integritie, &c.

5. That he will satisfie the desyres of Englishe and Irishe good subjects; and giue parliament of England, sitting in fredome, shall prewin him with the propositions presented be bothe kingdomes, he will not only accord them with alterations, bot doe quhat is farther necessarey for prosecutting the ends of [the] couenant, especially in reformation of the churche of England, and as the diwynnes at Westminster accorded; and that the churche of England may enioy full liberty and freedome of all assemblies, and pouer of kirke censures and ordinances, and members, in matters ecclesiasticke, &c.

6. To passe ane acte of obliuion to all, except the cheiffe obstructers of the worke of reformatione, and the authors of the change of gouerniment and the murthers of his royall father; the number and persons to be lefte to the housses of parliament; and prowyding they lay doune armes.

7. That since the sectaries haue inwadit Scotland, &c. he desyres and expectes, that the weill affected in England will lay hold one the opportunity to promoue the couenant, and establishe the ancient gouerniment, &c.

The armeyes remonstrance to the Comittee of Estaits, sent by the Lord Burlie, Maior Generall Holburne, S? Johne Brune and Colonell Gilbert Ker, desyring the purging of the armey furder, if they think fitt; as also the purging of his Maiesties courte and familey; and that they wold putt the lawes made for that effecte to dew executione, &c. 15 Aguste, 1650.

The Committee of Estaits returned them harty thankes for ther remonstrance and suplicatione, and assured them that they wold not faill to endeuor ther wtermost to see thesse lawes made effectuall, wich they tooke so to harte, as a matter of grate consequence and heighe concernment for the good, honore, weilfaire and saftie of religion, King and kingdomes.

Westkirke, the 13 of Aguste, 1650.—The Commissione of the Generall Assemblie, considring ther may be just ground of stumbling, from the Kings Maiestie refussing to subscriue and emitt the declaration offred to him by the Committee of Estaits and the Commissioners of the Generall Ass: concerning his former carriage, and resollutions for the future, in reference to the causse of God, and the enimies and frinds therof, doeth therfor declaire, that this kirke and kingdome doe not owen nor espousse anie malignant parties quarrell ore interest; bot that they fight meirlie vpon ther former groundes and principalls, and in defence of the causse of God and of the kingdome, as they haue done thesse 12 zeires bygaine; and therfor, as they disclaime all the sin and the gilte of the King and of his housse, so they will not auen him or his intrest, no wayes then with a subordinatione to God, and sua fare as he aimes and prosecuttes the causse of God, and disclaimes his and his fathers oppositions to the causse of God and to the couenant, and lykwayes all the enimies therof; and that they will, with conuenient speed, take in consideratione the papers laitly sent wnto them from Oliver Cromwell, and vindicat themselues from all the falshoods conteined therin; especially in thesse thinges quherin the quarrell betuix ws and that partie is misstaited, as if wee auned the lait Kings proceidinges; and we resolued to prosecute and manteine his present Maiesties intrest befor and without acknouledgment of the sine of his housse, and former wayes, and satisfaction to Gods people in bothe kingdomes.

W. A. Ker.

13 of Agust, 1650.—The Comittee of Estaites hauing seine and considerit a declaratione of the Commissione of the Generall Assemblie, anent the staiting of the quarrell quheron the armey is to fight, doe approue the same, and hartlie concur therin.

Mr Tho: Hendersone.

2 Sept: being Tuesday, by the brecke of day, our armey being in grate security, hauing left the hill, a grate pairt of them (wich was ther strenth and forte) wer surprissed and routted by Cromwell and the sectarian armey; maney takin of the footte, maney woundit, and about 8 or 900 killed.

Albeit the Lord, quhosse judgments are vnsearchable, and quhosse wayes past findinge out, hes brought the land werey low wnder the hand of ane prewaillinge enimey. Zet must wee not forbeare to declaire the mynd of God, nor vthers refusse to harken therto. It wer superfluous to giue anssuer to the maney calumnies and reproches that are blazed abroad; for albeit in eurey thing wee cannot justifie the conducte of the armey, zet wee hold it our deutie to desyre eurey one not to beleiue groundles reports, bot rather to eye the Lord, and looke vpe to the hand that smytts them. And therfor, in the first place, wee exhorte and varne all the inhabitants of the land, to searche out ther iniquities, and to be deeplie humbled befor the Lord, that he may turne away his wraith from us. The Lord hath wounded ws, and chasteissed ws sore; wiche sayes, that our iniquities are muche, and that our sins are incressed. It concerneth the King to mourne for all the griuous prouocations of his fathers housse, and for all his auen guiltines; and to consider if he hes come to the couenant, and joyned himselue to the Lord, vpone politicke intrests, for gaining a croune to himselue, rather then to aduance religione and righteousnes; that it is iniquitie quhilk God will not forgett, excepte it be speedilie repented offe. It concerns our Nobles and Judges to consider wither ther carriadge in publicke matters be straight and equall, or rather sauoring of seeking themselues and the thinges of this worlde; and how they walke in ther families, and in ther priuat conuersations. Ther is in maney a grate deall of peruersnes and incorrigiblenes in regard of forsaking some and performing some deuties, notwithstanding publicke confessions and ingagements; and this cannot bot heighlie prowock the Lord. And it concerneth the officers of the armey, especially thesse quho are cheiffe among them, to weight weell quhat the Lord hes aganist them, and to repent of ther diffidence and carnall way of acting and underwaluing of Gods people. And ministers haue also neid to searche themselues concerning ther faithfullnes to be sound, for wiche God is angrie; doubtles euen amongest thesse is muche negligence. Albeit the Lord hes suffred that armey of perfideous and blasphemous sectaries to prewaill, zet God forbid that the land should complay with him, quhateuer may be the plauseable and faire carriage of some of that enimey, zet doubtles, ther is ane lewin of error and hypocrassy amongest them, wich all the lowers of treuth wold decern and awoyd. As the Lord hes trayed the stabilitie and integritie of his people in the land heirtofore, by the prewailling of malignants, so doeth he now tray them, by the prewailling of sectaries; and wee trust they will thinke it ther deutie and commendatione to proue staidfast against them, als weill as the other.

3. Nather wold men be lesse cairfull and actiue to opposse the enimey, than they haue beine in opposing malignants heirtofor; our religione, liues, liberties and estaits, are als muche in hazard now as euer; all the ordinances of Jesus Christ in the land are in danger, and the foundatione lyke to be ouerturnid by thesse men quho are oblidged, by the band of the couenant, to manteine all thesse; and it wer a grate guiltines to ly doune and complay and crutche vnder the burden of the strange impositions that they will lay wpone ws, and as men without head, to suffer our land to be brought in bondage, and ourselues to be robbed of all thesse thinges quhilk are most presious and deire to ws. If wee should doe so, the Lord wold be angrie with ws, and our posterity could not bot cursse ws.

4. Wee wold not think that all danger from the malignants is now gone, seing that ther is a grate maney suche in the land, quho still retein ther former principalls; therfor we wolde, with als muche watchfullnes and tendernes now as euer, awoyde ther snars, and beware of complayance and coniunctione with them; and take head, that wnder a pretence of doing for the King and kingdome, they gett not power and strenth wnto ther handes, for adwanceing and promoueing ther old malignant desseinges. Doubtles our saftie is in holding fast our former principalls, and keeping a straighte faithe, without declyning to the right hand ore to the lefte.

5. It concernes all the inhabitants of the land to bewarre of murmuring and complaning aganist Gods dispensations, and questioning the treuthe and goodnes of our causse, or quarreling with God, or blaming or casting of the couenent, becausse of aney thing that hath befallin them, that wer a grate iniquitie not to be pardoned. Lett ws beare the indignatione of the Lord patientlie, becausse wee haue sinned against him, wntill he plead our causse and execut judgment for ws; he will bring ws fourthe to the light, and we shall behold his righteousnes.

Albeit soleme publicke humiliations hes beine muche slighted, and gone about in a formall way by maney in this land, so that it is not one of the least of our prouocations, that wee haue drawin neire to God with our mouthes, and keepit our hartes fare from him; for wich the Lord hath turned the wisdome of the wysse unto foollishnes, and the strenthe of the strong men unto weaknes; zet seing, it is a deutie that hath oftin prowin confortable to wswards, God doeth nou call ws in a speciall way by a singular peice of dispensatione; and knowing that all quho are acquanted with God in the land will make conscience of it, wee conceaue it expedient that the quhole land be humbled for the causses follouing:

First, The continued ignorance and profanitie of the bodie of the land, and the obstinacey and incorrigiblenes of maney, notwithstanding of all the caires that God hath takin vpon ws by his word, and by his workes of mercey and judgement, to teache ws in the knowledge of his name, and to refraine ws from the eiuell of our wayes.

2. The manifest prouocations of the Kinges housse, wiche wee feare are not throughlie repented off, nor forsaken by him to this day; togidder with the crooked and precipitant wayes that wer takin by sundrie of our statesmen for caring one the trettey with the King.

3. The bringing home with the King a grate maney malignants, and indeworing to keepe some of them about him, and maney of them in the kingdome, notwithstanding of publicke resolutions to the contrarey.

4. The not purging of the Kinges familie from malignant and profane men, and the constituting of the samen of weill affected and godlie persons; albeit it hathe beine oftin pressed vpone the parliament and Comittee of Estaits, wndertaking and promissed to be performed by them.

5. The leueing of a most malignant and profaine gaurd of horsse to be aboute the King, quho hauing beine sent for to be purgit aboute 2 dayes befor the defaite, wer suffred to be, and feight in our armey.

6. The exceiding grate slaknes of maney, and auersnes and vntowardnes of some, in the cheiffe judicatories of the kingdome, and in the armey, in guid motione and publick deuties, especially in thesse thinges that concerne the purging of judicatories and the armey from malignant and scandalous persons, and filling all places of powre and trust with men of knowen integritie and trust, and of a blamles and Christiane conversatione; togider with grate inclinations to keepe and bring in malignants to the judicatories and to the armey, as if the land could not be gydit and defendit without thesse; and grate repyning and craying out against all that is done to the contrarie, and studding to make the same ineffectuall.

7. The exceiding grate diffidence of some of the cheiffe leaders of our armey, and wthers amongest ws, quho thought wee could not be saued bot by ane numerous armey; who, quhen wee haue gottin maney thousands togider, wold not hazard to acte aney thing, notwithstanding that God offred faire opportunities and aduantages, and fitted the spiritts of the souldiers for ther deutie; for carnall confidence that was in maney of the armey, to the dispysing of the enimey, and promising victorie to themselues, without eying of God.

8. The lousnes, insolencie, and oppressione, of maney in the armey, and the litle or no caire that was takin by maney to preserue the corne, by wich it hath come to passe that werey much of the food of the poore people of the land haue beine neidlesly destroyed; and quhill wee euen remember this, wee wishe that the prophanitie and oppressione of sundrie of oure officers and souldiers in Ingland, quhen we were fighting for the assistance of the parliament of that kingdome, may not be forgottin, becausse it was matter of stumbling in that land, so it is lyke it is ane of the causses of the sore indignatione now manifested aganist ws by the handes of thesse men.

9. Our grate wnthankefullnes for former mercies and deliuerances, and euen for maney tokins of the Lords fauor and goodnes towards our present armey quhill they wer togider, and the grate impatience of spirit that was to be seine in maney thesse weekes past, quhilk made them limitt the Lord, and to compleine and weerie of his delaying of ane deliuerance.

10. The enuing and eyeing of the Kings intrest, and quarrell by maney, without subordinatione to religione, and the liberties and saueties of this kingdomes.

11. The carnall selue seiking and crooked way of sundrie in our judicatories and armies, quho make ther imployments and places rather ane matter of intrest and gaine, and preferment to themselues, then of aduancing religione and righteousnes in the land.

12. The not putting difference betuix thesse that feare God, and thesse that feare him not, for our seruices, our companie, our imployments, bot acompting all men alyke, maney times preferring thesse quho haue nothing of God in them.

13. The exceiding grate negligence that is in grate ones, and maney others, in performing the deuties in ther families, notwithstanding of our former soleme acknouledgment of the samen; as also, our neglecte of the deuties of mutuall edificatione, and grate fruitfullness and barrennes that is to be seine amongest all sorts of persons; togider with the follouing of deutie with a grate deall of mixture of carnall affections and fleschly wisdome, wich griues the Spirit of God, and takes away muche of the beutie of the Lords image from our judicatories.

As we wold be humbled for thesse thinges, so wold wee also intreat the Lord that he wold sanctifie this affliction to his people, that they nather dispysse his chestisings, nor faint quhen they are rebukit of him; bot that they may beare his indignatione patiently, and cleiue steadfastly to the treuthe and the couenants, and the causse of God, without zeilding to the pouer of the enimey, or receauing ther errors, or complaying ather with them one the one hand, ore malignants one the other; and that the Lord wold poure out of his Spirit wpon the people, that ther spiritts may be raissed wnto ther deutie, and that they may be filled and furnished of God with wisdome and resolutione to acte aganist ther enimies for the honor of God, ther auen preseruatione; and that the Lord wold not suffer them to be tempted aboue that wiche they are able to beare, bot that he wold breake the yoke of ther oppressors from off ther neckes, and giue them saluatione and deliuerance; earnestly to intreat the Lord in priuat and in publicke, that he wold preserue with ws the ordinances of Jesus Christe, the kingdome, the Kings Ma???? persone, the ministrie, from the pouer of ther enimies, quho seekes the destruction of all.

Maney of the ministers of the prouince of Fyffe, at the first, refussed to reid thesse ressons, especially, Mr James Wood, Mr Ja: Bruce, Mr Dauid Forret, Mr Frederick Carmichell, Mr Jo: Mackgill, zounger, Mr Henrey Rymere, Mr Jo: Mackgill, elder, with maney more; wich wes lyke to grow to werey grate schissime; some did not sticke to say, that 5 ore 6 men wer too bolde to giue out ressons to a quhole churche, without a more frequent meitting of the Comissione of the Generall Assemblay.

Mr James Wood mainly stumbled at some wordes ill placed and worsse expressed, in the 2 artickle of the causses of the fast; he said he wold with his pene (if they did not mend it) make all the world know the wntreuthe therof. The wordes wer thesse: Togider with the crooked and precipitant wayes that wer takin by our commissioners for carrinng one the trettey with the King. Bot the ring leaders at Stirling, (to quhome Mr James, and some of the deligatts of the prouinciall of Fyffe, posted in grate haist, both ministers and elders) gaue contentment, by expressing the former so:—Togider with the crooked wayes and precipitant, that wer takin by sundrie of our staitsmen, for carinng one the trettey with the King.

The synod of Fyffe for the most pairt, lykwayes, at this tyme, wold haue suche as wer classed for the lait ingagement, 1648, and now wer on ther satisfactione and penance, receauid to the participatione of the sacraments, and giue satisfactione to the kirke, admitted to publicke imployments in the comon defence of ther natiue countrey. Bot this was altogider denayed both by the Comissione of the Generall Assembley and Comittee of Estaits, convennid at Stirling, the 25 of Sept: 1650.

Stirling, 27 Sept: 1650.—The Comittee of Estaits, considering the necessarey deutie lying vpone them, in prosecutione of the acte of parliament, and according to the frequent and serious remonstrances of the Commissione of the Churche, for purging of the Kings familey of al profaine, scandalous, malignant, and disaffected persons; and that it be constituted of such as are pious, and weill affected to the causse and couenant, quho haue not opposed the same by ther counsells and actions. And lykwayes considring the grate offence hes beine takin that the persons after nominatted haue not remoued from courte, nor depairted out of the kingdome respectiuely; and hauing takin also into consideratione the report of the sub-comittee, appoynted to think one the purging of the Kings familey, doth heirby therfor ordaine and command the French Marques of Villaneuffe; the Earle of Cleueland; Lord Wentworthe, his sone; Viscount Grandeson; Lord Volmett; Lord Withringtone; Robert Longe, Secretarey; S? Eduard Walker, Garter; Mr Progers, Groome of his Ma???? Bed Chamber; Master Lane; Master Marche; Colonell Darcey; Mr Antoney Jacksone; Maior Jacksone; Colonell Loes; Master Oder, wnder Secretarey; Lord St Paule; S? Philipe Musgraue; S? Faithfull Fortskew; S? Timothey Fetherstons; L. Coll: Meutis; Collonell Carbraithe; to depairt the courte within 24 houres, and to remoue out of the kingdome within 20 dayes after intimatione; and Doctor Fraser, and S? George Melueill, to withdraw from the courte within 24 houres. And to the effecte that the persons forsaid may not pretend ignorance heirof, the comittee ordanes S? James Balfoure of Kynaird, Knight, his Maiesties Lyone King of Armes, to make dew and speedie intimatione heirof; comanding S? Jo: Broune, Colonell, and the officers of footte of his Majesties lyffe gaurd, to put this present acte into executione; with certificatione to all and eurey of the afforsaids persons, that if they falzie to giue obedience heirwnto, the said S? Jo: Broune, Coll: is to apprehend them in aney place within the shyres wher they shall be; and the officers of the footte gaurd to seasse vpone them within the verge of the courte, to be disposed vpone as the comittee shall thinke fitt; for doing quherof, thesse shall be comand and varrand sufficient. Extract.

C. W. Hendersone.

With this acte for purging the Kings housse, the Comittee of Estaits wrett me this letter followung, bearing dait at Stirling, the 26 day of September, 1650.

Much honoured—Wheras wee haue thought it necessarey that the persons mentioned in the acte heer inclosed be remoued from courte, and ordaind to depairt out of the kingdome, wee doe herby authorisse and requyre you to intimat the same to the persons concernid, and to see the acte put in executione by the officers of the armey therby ordanid to doe it; to quhome you are lykwayes to intimat the ordinance of the committee, that if need be, they may doe quhat is enioyned them by the acte. The prosecutione quherof wee committ to your care and faithfullnesse, as you will be anssuerable, not doubting but you will approue yourselue to

Your affectionat frinds,
E. Loudoun, Cancellarius.
J. P. D. Com:

Stirling, 26 Octob: 1650.

I receaud this afforsaid letter at my auen housse of Kynaird, aboute 9 a clocke in the morning, one Thursday the 3d of October, and was at Perth about 12 a clocke the same day; and after I had kissed his Maiesties hand, I shew him my message. He desyred me to forbeare making intimatione to 9 of them, wich he marked with a long score in the roll, wntill he spoke with the Lord Chanceler, to quhome and the comittee, he had wrettin to spare thesse wntill the sitting doune of the parl: bot desyred me to goe one with the rest of them. That same night, at 9 at night, the L. came to Perth, and spoke with the King one Fridayes morning, and brought him a letter from the Comittee of Estaits, containing ane absolute refussal to suffer aney of thesse persons sent to me in list, to stay aboute his persone or courte; so I went one, and made intimatione to all, ather by word or wreat, conforme to the acte and missiue of the Committee of Estaits directed to me.

Friday, 4 Octob: 1650.—The Kings Maiestie, as if going one hauking, went auay from St Jhonstoune one horsse backe, about halffe ane houre past one in the afternoone, accompanied only with thesse folloung seruants:—

Henrey Symeour, a Groome of his Bed Chamber; Mr Rodes, Mr Androw Cole, and Mr Tho: Windam, 3 Gentlemen of his Stable; with Mr Cartewright, a Groom of his Priuey Chamber; without aney change of clothes or linnings, more then wes one his bodey, in [a] thin ryding sutte of stuffe. From Perth he red softlie throughe South Inche, and then at a full carreire, to the backe of Inche Shyra, quher he passed, and in ane houre and a halffe from Perth, red to Didope, by Dundie; from thence, the Viscount of Didope conwayed him to Aughter Housse that same night, and not staying ther, the Earle of Buchan and Vis: Didope conwayed him to Cortuquhay, the duelling place of the Earle of Airlie, ane excommunicat papist, quher, after a litle refreshment, that same night he read with a gaurd of some 60 or 80 Heighlandmen wpe the glen to ane poure cottage belonging to the Laird of Cloua; in al, from Perthe, the way he went, some 42 myles befor he rested.

One Fridayes night, 4 Octob: a litle befor day, hauing layed him to rest his weiried bodey, he was found by L. Collonell Narne, of Sanfurd, and Colonell Bynton, ane Englishman, sent by Colonell Robert Montgomerie, (quhom Scottscraige, by the way of Fyffe, hed adwertissed at Forfar of his Maiesties suddaine deperture to the malignants from his auen people and court) laying in a nastie roume, one ane old bolster aboue a matte of segges and rushes, ouerweiried and werey fearfull.

In a prettey space after Narne, came Robert Montgomerie and Scottscraige, with S? Alex: Hope and one of his Maiesties haukes; they did persuad the King to horsse, it being nou almost 7 a clocke, and they wold wait one him, and liue and dye with him. The King told Rob: Montgomery that Doctor Frasser had betrayed him, in assuring him that he should haue beine, that day he cam away one, deliuered vpe to the English, and all hes seruants hanged. They assurid his Maiestie that all was most falls, and he bot a traitor; thus discoursing, Didope, and his few Cloua men that wer then his Maiesties gaurd, wold haue had the King vpe to the hills, assuring him, that ther, within some 5 or 6 myles, he wold find 2000 horsse and 5000 footte to atteind his commandiments; bot erre he was awarre, Rob: Montgomeries 2 regiments of horsse appeirs, some 600 horsse, quherat Buchan, Didope, and ther begerly gaurd, begane to shecke ther eares, and speake more calmley, and in a lower strain; so they conducted his Maiestie to Huntley Castle in the Carsse of Gourey, quher he stayed all Saterdayes night, and from thence, one Sunday in the afternoone, he came to Perth, the 6 of Octob: and hard sermon in his auen chamber of presence, the afternoons sermon in the toune being endit befor he entred the toune.

4 Octobris, 1650.—This same day, about 5 in the eiuning, the L. Chanceler, seinng the King wes in effect depairted, and had left them, he called all of the Comittee of Estaits, and such as wer weill affected, to meitt in the westrey of the churche.... It was resolued at the meitting to send after the King commissioners, viz: E. of Dumfermling, E. of Louthean, Secretary of Estait; S? Charles Erskyne, James Suord, and Mr James Durhame, the Ks: Minister.

Ther wes wrettin a myld and descreit letter, bechinng his Maiestie to returne from that euiell way he had takin, wich might proue destructiue to himselue, his posteritie, and kingdome, if he did not speedilie returne.

The commissioners had 10 artickells of instructions giuen to them, wich they wer to mannage according as necessity should requyre.

10 Octobris, Thursday.—The comittee saitt in his Maiesties priuey chamber at Perth.

Nota.—This is the first tyme that euer the King satt in the Comittee of the Estaits of Parliament.

[11 October.]—Letters from L. Generall Lesley to the Lord Chanceler, read, shewing that the enemy was marched towards Glasgow.

This day the Comissioners of the Generall Ass: represents to the committee the abusse of commanders, in taking money for men and horsse, to the grate preiudice of the lewyes; as lykwayes of the abusses wssed by souldiers vpone the countrey people. This complaint alredey comitted with that of the not attending commanders.

A sub-committee appoynted to thinke wither or not Cromwells letter deserues ane anssuer, and it to be communicat to the Commissione of the Gen: Ass: It is thought fitt to be ansuered, and the sub-comittee to draw vpe ane anssuer to it.

The Com: of Estaits ordaines the subiecte of the conference with the kirk to be, That ther may be suche vnity within the kingdome betuix thosse that lowes the causse, and to thinke vpone the most fitting means for that effecte.

Comittee ordaines all officers furthewith to repaire to ther charges.

Cassiles, Brodie, and Rob: Locart to comunicat thesse thinges to the Commission of the Kirke.

Monday, 14 Octobris. The La: of Bogie, wpone the recommendation of the Commission of the Kirke, is reponid by the Comittee of Estaits to his former integritie, and putt one the Comittee of Warr of Fyffeshyre.

[15 Oct.]—The Earle of Linlithgow, vpone his petitione, and recommendatione of the Comissione of [the] Kirk to the Comittee of Estaits, is admitted to the inioying of aney publicke employment in the kingdome, he being ane engager aganist England.

[16 Oct.]—The Lord Montgomerey petitions the Com: of Estaits to be reponid, and produces his recommendatione from the Commissione of the Kirke, in respecte he had satisfied the kirke, and was penitent for his accessione to the ingagement aganist England; and that they had accepted of others. This bill refussed pro tempore, and remitted to the parliament.

We wndersubscriuers, being tuoched with a deepe sence of the sade condition this our natiue kingdome of Scotland is in, by a prewailling armey of sectaries, quho hauing murthered our lait King, and ouerturned religione and gouerniment in our nighboure kingdomes of England and Irland, hath invaded this kingdome, and are in a way (hauing so considerable a pairt of it wnder footte alredey,) to reduce the quoll to a prouince, except the Lord by his mercey prewent it, by ioyning his Maiesties subiects in the band of vnitie, wich is the onlie meine (in our judgement) to preserue religione, King, and kingdomes. Bot to the greiffe off our hartes, wee find, in place of vnione, the breache growing wyder, and that not onlie in churche and staite, bot lykwayes in the remnant of our armey; our resolutions are firmlie and faithfully to ioyne ourselves togither, and nather for feare, threttning, alurment, nor aduantage, to relinquishe so good a cause, or lay doune armes, without a general consent; and quhat shall be done to the least of ws all, in prosecutting the said vnione, shall be takin as done to ws all. And seing the best wndertakings are wnder the mercey of censure and malice, wee cannot bot apprehend to be subiect to the lawless inquisitione. Therfor, and for satisfactione to all quho are satisfiable, wee doe promisse and sweare, that wee shall manteine the trew religione, as it is established in Scotland; the couenant, leauge and couenant; the Kings Maiesties persone, prerogatiue, gratnes, and authoritie; the preuilidges of parliament and freedome of the subiects. So helpe ws God.

Sic subscribitur,
Huntley. Athole. Seafort.
St Clare. Jo. Mideltone.
Pat: Grhame. S? Geo: Monro.
Th: Mackenzie. Jo: Gordon.
Wanderrosse. W. Horrie, &c.

R? Honorable,

Being still sensible of maney ciuilities conferrid vpon me by you, and being most desyrous to continew myselue in your fauor, and shune aney thing that may tend a breache, I haue sent you inclosed the ground of our ingagment, quherby you may perceaue we onlie ayme at vnione. Wee are to goe vpon the samen grounds you professe. Nather in reasone can it be expected that men at this tyme should looke vpone bussines vncontented; we are Scotishmen, we desyre to fight for our countrie; religion, king and kingdome are in hazard; we desyre to ioyne with others vnder your commande, without changing the stait of the questione. Others wnder your command are ane other way; we are hopefull that you will not shed the blood of your brethreen, nor put ws to that wnhappey necessity as to shed yours in our auen defence. It may be obiected, that wee did fall on S? Johne Broune, his regiment, in ane hostill way, wee thanke God that non in that regiment, nor aney belonging to ws did fall, nather think that ther was one drope of blood shed; bot it was S? Johne Browns briske expressions that did occasion it. I beseiche you, by all the expressions of frindschipe, and by that woue ze owe religione, king, and kingdome, to indevore vnitie, and not to enter in bloode with thesse that are redey to perishe for that samen pretious treuth you fight for; not doubting bot in this you will approue yourselue ane countreyman and kynd frind to him quho has put one a resolutione to be your faithfull frind and humble seruant.

Jo: Mideltone.

Forfar, 24 October, 1650.

Quhen Cromwell had sent a letter to the Comittee of Estaits, of the 9 of October, 1650, he sent the duplicat of the same to the westerne armey and ther comanders, Ker and Straquhaine, quho, after they and ther comittee had perused it, they resolued to returne no publicke anssuer therto, since, as they thought, the Comittee of Estaits wold anssuer it; only they resolued to returne him thesse 6 following querees for anssuer, as S? George Maxswoll quho presented ther remonstrance to the Comittee of Estaits at Stirling,—— of October instant.

1. Quhay is satisfaction demandit? 2. Quhat is the satisfaction demandit? 3. For quhat is the security demandit? 4. What is the security ze wold haue? 5. From quhom is the security requyred? 6. To whom is the security to be giuen?

After the remonstrance of the westerne armey was presented to the Comittee of Estaits at Stirling, and accepted be them, and marked by ther clerke, produced by S? Geo: Maxswoll in name of the comanders, gentrey, ministers and armey, (calling themselues the Westerne Forces,) therafter within 3 or 4 dayes was [the] thre follouing papers sent by them to Courte and Comittee of Estaits at Perth, Tuesday, 30 of October—[viz.]

30 Octob: 1650.—It being manifest that the Kings not prosecutting the causse of God, nor walking in ane subordinatione to God, bot rather in oppositione to the work of God and the couenant, and cleiuing to all the enimies, we doe therfor, according to the declaratione of the churche and stait of the 13 of Aguste 1650, disclaime all the sin and guilt of the King and his housse, both olde and lait; and declaire, that wee doe not allow him nor his intrest in the stait of the quarrell betwix ws and the enimie, aganist quhom, if the Lord will, wee are to hazard our liues.

2. That within Scotland he ought not to be intrusted with the exercisse of his power, till such tyme as ther be conwincing and cleir euidence of ane reall change in him; and that ane effectuall coursse ought to be takin for prewenting, in tymes coming, his coniunctione with the malignant partey, and for traying the causse of his lait deserting of the publicke counsailles, and of all quho had accession therto; and for disabling malignants, vntill they be out of capacity to hurte the worke and people of God.

3. That the publick judicatories be free, that ther is iust causse in Gods sight to charge some eminent persons in our counsells and forces with ingagements and deseinges to inwade Ingland, for inforcing the King one that natione; and that it was a grate prouocation in aney persone to haue intendit ane inwasion to Ingland, for the inforcing of the King one ane other natione, not subordinat to ws; with consideratione of the necessities and vnlawfullnesse therof for cleiring of our calling to it, or remoueing the Lords contrawersie aganist the King, quhom justly the Lord had remowed from the gouerniment of the kingdome, quhatsomeuer in justice was one mans pairte.

17 October, 1650.

Althoughe wee do not judge of the wndertakings of the Lords people by the successe, and be not shaken by the dissipating of our armey, nor brought in question our causse, zet wee thinke ourselues, and all the people of this land, called by thesse late dispensations to searche and tray our wayes; wee doe therfor esteeme it our deutie (quhill wee are about to adwenture our liues againes the enimie, as prowidence shall giue opportunitie) freelie and faithfullie to make our thoughts knowen to your Lops: concerning the causses and remedies of the Lords indignation wich hath gone out aganist his people, quherin wee supposse wee neid not insist vpone the lait sinns conteined in the lait causses of the fast, published by the Commissioners of the Kirke, relatting to the conducte and carriage of our armie, and other thinges; bot wee shall speike to that wich most directlie concerns your Lops:

1. That wiche is obuious, in the first place, amonge the sinns of the land, is our late proceidings with the King; quherin, that wee be not mistakin, wee shall distinguish betuix our deuty and our sinns.

Wee owe and acknouledge for our deutie, to wsse all lawfull wayes and means for reclaming the King, and to owne his intrest according to oure vocatione, so fare as he owns and prosecuttes the causse. Bot we are conwinced that it is our sinne, and the sin of the kingdome, that quhen the King had walked in the wayes of his fathers oppositione to the worke of reformation, and the soleme leauge and couenant, wntill he had gone the lenthe of confirming a peace with the Irishe rebells, for pardon of the blood shed of so maney thousand protestants, and allowing them the exercisse of the popesche religion; and quhen he had giuen commissions to the appostat rebell James Grhame to inwade this kingdome: that after all this, commissioners should haue beine varrandit to assure him of his present admissione to the exercisse of his royall power, vpone his profession to ioyne in the causse and couenant, not onlie without aney furder euidence of his repentance, wnto the renewing of the Lords contrawersie with his fathers housse, and without conuincing euidences of the realitie of his profession, and his forsaiking his former principals and wayes; but quhen ther was pergnant presumptions, if not cleir euidences of the contrarey.

2. That ther was to grate haist and prÆcipitatione in a second addresse to the King, after the first had beine reiected, as appeired in the publick motion of it, without aney consultation about it; in the suddaine electione of commissionars for the soleme addresse, and in refussing to delay the matter wntill the meitting of the parliament, then werey neire; and all this haist made quhen ther was informatione giuen that his Maieatie at the same tyme had giuen commissions to inwade this kingdome, and without seeking the Lords directione in a matter of so heighe consequence to the worke and people of God.

3. That the trettey was continewed after the Lord had cleirlie discouered the Kings wnstraight dealling, in the invasione actuall of this kingdome, by his varrant and commissione during the trettey.

4. That ther was too grate forwardnes in some of the commissioners to closse the trettey, without satisfaction requyred by the parliament, and ther imploying instruments to persuade the King, who wer ather oppin enimies to the causse and couenant, or had delte deceitfully therin; from quhom nothing could be expected, bot to teache his Ma??? dissimulatione and outwarde complyance, rather than aney cordiall coniunctione with the causse and couenant.

5. Quhen the parliament of this kingdome was acquanted with the transactions of our commissioners with the King at Breda, and had declared ther disaffectione with sundrey things therin, and had made the same knowen to our commissioners; zet plainnesse and freedome was not wssed with the King, to declare wnto him befor he cam from Holland, the sence of this kingdome vpone the trettey. Bot his Maiestie was brought to sea with a wicked companie of Scottishe and Englishe malignants, expresly contrarey to the directions of parliament.

Quhen the Lord had in a wounderfull prouidence brought to the weiu of the parliament his Ma???? bloodie commissions to James Grhame, and seuerall letters discouering his firme adherence to his former principalls, euen quhen he was proposing a trettey with this kingdome, and of resolutione to make wsse of his forces lewied by James Grhame for the inwading of this kingdome during the tyme of the trettey. Notwithstanding of all this, they proceided to closse a trettey with the King, and admitt him to the present exercisse of his power, and that befor aney trayell had, or euidences giuen of aney reall change in him.

Thesse thinges wee looke vpone as heighe prouocations befor the Lord, thretting no lesse the destructione of ws and of our King.

Notwithstanding this sinfull way of aggrement with the King, for wich wee and maney of the Lords people in the land haue mournid, finding nothing in all the progresse of the bussines that might giue ws aney sure ground of hope that the Lords contrawersey was remoued from the royall familey, yet haue wee bein willing to wait wntill the Lord should make some discouerey, wither the King had really ioyned in the causse and couenant, or had onlie come in for worldlie ends and deseinges, and had reteind his olde enmitie at the worke of God, and frindschipe with the enimies therof. Bot now ther being cleir euidences that the Lord hath bein deceaued and ensnared by his dissembling in the Lords worke as may appeire,

1. By his countenancing and entertaning the malignant partey in this kingdome, his cleiuing to ther companey and following ther counsells, quho haue abused him, taught him to continew in his former opposition to the worke, and in his lait compliance, that he might wind himselue in power to prosecute his former desainges.

2. By his keiping correspondence withe the notorious enimies of the worke of reformatione and couenant abroade, suche as the Marques of Ormond, the Earle of Newcastle, and others.

3. By his refussing to seinge the declaratione offred to him by the Comittee of Estaits and Commissioners of the Generall Assembley, wntill he was necessitated by declarations concerning him, and wntill it was in a kynd extorted from him.

4. By his perseuing the same desinge since the trettey as befor, indeworinge to haue the malignants of his kingdome in pouer and trust, as appeirs by his frequent conwersing and correspondencies with them, notwithstanding they are discharged the courte by acte of parliament.

5. By his wretting to the Comissione of the Kirke to that purpose, and quhen it was denayed by them, by his instructions to the Lord Chanceler, communicated to the Comittee of Estaits the 26 of September last, pleading for a coniunction with the malignant partie; and, at last, quhen nather kirke nor staite did giue ther concurrence therin, he deserted the counsailles of the kingdome, and priuatly conwayed himselue away with the malignants, quho had euer since his coming to the kingdome waitit for that opportunitie, and with quhom he had corresponded in carrinng one a deseinge to raisse them againe in armes.

By thesse thinges, it being now manifest that the King is not prosecutting the causse of God, and valking in subordination to God, bot rather in opposition to the worke of God and the couenant, and cleiuing to the enimies therof, according to the declaration of kirke and stait of the 13 of Aguste 1650, wee disclaime all the guilte and sin of the King and of his housse, both olde and lait; and declaire, that wee cannot owen him and his intrest in the stait of the quarrell betuix ws and the enimey, aganist quhom (if the Lord will) we are to hazard our liues.

And further, for the remedey of quhat is past, and prewenting of more sin and danger to the worke of God in this land, wee humblie offer to your Lops: that besydes the repenting off and humbling yourselues for thesse thinges, your Lops: wold be pleassed, according to the acte of the 7th of Februarij last, judgeing it necessarie securitie for the causse, that the King forsake the counsells and counsellers that haue been opposit therwnto; and according to the acte of parliament explaining the inwitatione wich approues therof onlie in this sensse: he performing satisfactione to the desyres conteind in the 4 demands, and according to the acte ratifiing the trettey, and putting him in the exercisse of his power, with the lyke restriction and conditione, he reuling according to the counsells of this kingdome and kirke. To consider that the King not hauing forsaken the counsells and companey of malignants, bot still cleiueng to the same, notwithstanding of all the endeuors wsed by kirke and staite in the contrarie, and not hauing performed the satisfaction promissed by him in the trettey; and not reulinge according to the counsells of the kingdome; bot forsaking the same to ioyne with malignant counsells and forces wich he was bound to abandon: Withere this be not suche a breache of his conditione to performe the satisfactione promissed, and suche a discouerey that he hath not ioyned cordially in the causse and couenant, as giues good ground not to intrust him with the exercisse of his power, till suche tyme as ther shall be conuincing and cleire euidence of a reall change in him; and that your Lops: should take ane effectuall coursse for preuenting the Kinges coniunctione with the malignant partie for the tyme to come; and for the tryall of the last malignant deseinge of the Kings deserting the publicke counsailles, and of all thesse quho haue had accessione to it, and for disableing the malignants, quho haue by ther lait acteinges discouered deepe hypocrisie and mocking of God, by a profession of repentance, till they be out of capacity to hurte the worke and people of God?

II. Albeit the publicke judicatories of the kirke and stait haue, by ther declarations, sufficiently cleired themselues of that wich is wniustly charged vpon them by the adwersarey, to witt, ane ingagement to the King, and a deseinge laide to inwade England, and force the King vpone that nation by armes. And althoughe wee cannot purge ourselues befor the Lord, that we neuer had aney suche deseinge, wich wee can professe with the more cleirnes, becausse nather the lawfullnes nor necessity therof, nor our calling therwnto, was euer so muche as debaitted in the publicke judicatories; all wiche was declared to be necessarey to aney suche resolutione, and to wich wee purposse still to adhere. Zet wee beseiche your Lops: to consider wither in Gods sight, quho will not be mocket with declarations contrarie to intentions, ther be no iust causse to charge some eminent persons in our counsaills and forces with suche ingagements, and deseinges to inwade England for the enforcing of the King vpone that nation, and for enriching themselues with ther spoyles. And that the Lord is righteous in doing to this nation, as maney in our armies did to England quhen wee wer called to ther assistance, and as was intendit by maney to be done againe by a new inwasione.

Lett it therfor be zet examined how grate a prouocatione it is in aney persone to haue intendit ane inwasione, and forcing of the King vpone ane other natione not subordinat to ws, without a preuious debait and determinatione of the lawfullnes and necessity therof, by the parliament, or Generall Assembley, or ther commissioners; and without a preuious cleireing of our calling to it, and without the preuious remoueing of the Lords contrawersie aganist the King, (quhom iustlie the Lord hes remoued from the gouerniment of that kingdome, quhatsoeuer justice was in mans pairt,) and with ane intendit coniunctione with the malignant partie, so fare contrarey to the publicke declarations and professions of the kingdome, and attestation of God that wee had no suche deseinge.

If it be sin in ws to haue put in the Kings handes the exercisse of power in this nation, befor euidences had of a reall change in him, how much more sinfull must it be to haue deseinged, or to haue endeuored, the putting more power in his hands in England; wee cannot judge otherwayes of suche a deseinge, then to be preferring of mans intrest to Gods, and a betraying of his causse and people wnto the handes of one quho had not layed doune his enmitey aganist bothe.

In the nixt place, the grate and mother sin of this nation wee conceaue to be the backslydinge breache of couenant, and engagements wnto the Lord. It hath beine our maner in our troubles to call one wowes and resolutions aganist thesse sins, wiche haue beine looked vpone as causses of our affliction; wee haue [so] often leied wnto the Lord with our tounges, and flattered him with our lippes, that wee deserue to be no more trusted by him; and as wee purpois not to forgett our aueh breaches of couenant and sins of this sorte, so wee humblie desyre your Lops: to lay it to heart:—

1. How vnansuerable ze haue walked to your soleme ingagement to purge the judicatories and armies, and to fill the places of truste and power with men of knowin good affection to the causse of God, and of a blamles and Christian conuersation. Haue not some amongest you beine the cheiffe obstructors of the worke, by retarding conclusions, by studing to make them ineffectuall, quhen they haue beine takin; by your partiall dealling, differencing men according to ther intrests, countenancing, fauoring, keiping in and helping to places of power and trust, suche malignant and profane persons as might be subseruient to your deseinges; by your reckoning it qualificatione good aneuche, if a man be free of accession to the ingagement, thoughe he wer otherwayes malignant or prophaine; by your sparing of thosse in eminent places and truste in the judicatories and armies, and taking no trayell of the qualifications, according to your vowis, quhill you wer doing some deutie vpone them of lower degree, quherby it hath come to passe, that ther remaine zet spots in your judicatories wich diminishes your crydit and authority, and occasione is giuen to the enimies to blaspheme the causse of God!

For remedeeing quherof, may it pleis your Lops: to take zet are vnpartiall way of remowing from the King, the judicatories, and armies, all suche persons as haue not the qualifications conteind in the 7th desyre of the kirke to the parliament, 1648, and to the 10 and 12 pages [of] our soleme acknouledgement and ingagement, and in the acte of parliament for keeping the judicatories and places of trust free of corruptione. That your Lops: be not found walking still in [the] same way, sinning zet more quhen wrathe is gone in the gude land; lett it be farre from your Lops: to hold fast deceit, and to refusse to returne from that werey sin wich hath beine publickly acknowledged by you and all this kingdome.

2. Albeit nothing can be addit to that wich is spokin of the madnes and sinfullnes of complaying with malignants in the 5 and 6 page of the soleme acknouledgment and ingagement; zet maney of your Lops: haue sliden backe and returnid to the way wiche not longe since ze called sinfull befor God, by receauing malignants into intimat fellowschipe with yourselues, admitting them to your counsailles, and bringing in some of them to the parliament and comittees, and to be aboute the King; so that ther are maney pregnant presumptiones of a desinge in some of your Lops: to sett vpe and imploy the malignant partey againe, at least ther are demonstratiue euidences of a strong inclinatione to entrust them againe in the managinge of the worke of God.

When wee compare togider the assurances that wer giuen to the malignants that wer with the King in Holland; the bringing of thesse home; the studious indeuors that haue beine vssed to keepe some of them in the kingdome and aboute the courte; the admissione of all the malignant partie to resorte to the courte without aney effectuall restraint; the forshewing and grudging at the purgeing of the armey from malignant persons; the obstructing of the purging of the Kinges familey and the lyffe gaurd of horsse; the pleading of some in the judicatories for persons that are secludit from trust by the publicke resolutions; the profession of others in the Committee of Estaits of ther desyre and resolutione to put power in the hands of knowen and eminent malignants in Scotland, and of raissing the malignants in England in armes, vnder the name ef the kirkes partey. The conniwence of some amongest you, as the Kings correspondencies with the enimies of the causse abrod; the leawinge out vpone debait, in the orders for the new lewies, the qualifications of the acte of parliament for the lewies and posture; the endeuors that haue beine wssed to hastin the Kinges coronatione, and for putting him in the full exercisse of his power, notwithstanding that he hes not forsakin his eiuell counsellers and companey of malignants, according to the trettey.

And lastlie, quhen wee ioyne with thesse the assistancis and endeuors of maney in the Committee of Estaits for carrinng one the Kings lait oppositione of a coniunction with the malignant partie, and with the Clans and Heighelanders quho haue beine in rebellion; wee wounder that your Lops: are not ashamed so quickly to haue turned asyde, and forgottin your lait wowes, and the maney bands that are vpone you to abstaine from suche wayes. And wee humblie thinke that your Lops: giue too grate occasion to the enimie that hes inwadit our land to charge you with a malignant deseinge, and setting vpe the old malignant interest.

For remedie quherof, wee humblie proposse, not onlie that all suche backslydinges may be repented of, and all thosse coniunctions with the malignant partie forsakin and abhorred; bot that a speedie and a current way may be takin by your Lops: for discourey and remoweall of all suche persons as shall be found to haue contriued and actiuely promotted the forsaid desainge, from the Comittee of Estaites, the armey, the courte, and all wther places of trust, that the worke of the Lord and the kingdome may not be in hazard throughe ther influence wpon the publicke judicatories or wpone the armey.

3. Wheras the sinns of couetousnes, oppression, and selue-seiking haue beine oftin reproued in your Lops: and are enumerated with the sins of this land, and confessed, and wowes takin one for awoyding thesse sins the tyme to come, the soleme acknouledgement and ingagement; zet wee conceaue, amongest other sins, for the iniquitie of your couetousnes the Lord hath beine wrothe, and hath smittin the land, and for your selue-seeking and studinng your auen intrest and endis; becausse that notwithstanding you and wee haue said to the Lord, and suorne, that denaying ourselues, and our auen thinges, and laying asyde all selue interest and endis, wee shall aboue all thinges seeike the honor of God and wealthe of his people, zet quho knoweth not that some of your Lops: hath made your pouer, places, and imployments, rather a matter of gaine and interist to yourselues, then of seeking the good of the causse, and the wealthe of the people. Wher is the denayell of yourselues, and of your auen thinges, wich was promissed to the Lord? Hath not your litle finger beine heauier then the loynes of the worthey reweler, quho wold not eat the bread of the gouernour, that he might easse the peoples burden? How few are ther amongest your Lops: quho will emptie themselues for the good of the causse?

For remedie quherof, wee beseiche als maney of you as hath greidily gained, and made aduantage of the publicke and of the poore of the land; and by the lewies, Kinges rewenewes, fynnes, borrowed moneyes, and wtherwayes of fingring soumes, haue drawin vnto yourselues and frinds that wich did belonge to the publicke wsse, that you wold cleane your hands of your dishonest gaine, at wiche the Lord will smytte his hands, and wich will be mouthe to consume your housses. Let the extortioner and oppressor, oppress no more; and lett it be leuked vpone as your Lops: deutey, impartially to bring all men to the accompte for the wast soumes that haue beine misapplayed, and knowen oppressors brought to condigne punishment.

4. Notwithstanding wee haue acknouledged our sin, in follouing, for the most pairt, the counsells of fleche and blood, and walking more by the rewells of policey then pietie, hearkening more unto men than vnto God; and albeit that wee haue solemlie engaged ourselues, that forsaiking the counsells of fleche and blood, wee should depend vpone the Lord, walke by the will of his worde, and hearkin to the voyce of his seruants; zet it is too manifest that the Lord is exceidinglie prowoked by the pollitick way quherin maney of you walk still, not only imping your priuat intrests and endis with thosse thinges that concerne the publicke good, bot maney tymes preferring them, and opposing or retarding Gods worke, till you may carry alonges with you your auen interests and deseinges. Wee beseiche your Lops: to lay to heart your publicke way of walking, and as befor the Lord to examine yourselues, wither your waye hath not beine full of carnall wisdom and policie, in the matters of bringing home the King, disposing of places of trust aboute him, and ordering the cheiffe conducte and cheiffe officers in your forcis. Let your auen hearts speake, wither the reuell by wich you haue walked in all thesse, hathe not beine to establishe yourselues, rather than the worke of God, or King and kingdome; and how some of you may haue ane grate and predominant intreest in all thesse, it is euident some of your Lops: haue not cared how few frindes the Lords worke had in thesse places of trust, if so be ze might haue maney frindes to espousse your intrests, and politicke wayes and endis.

5. Wee cannot forgett how some amongest your Lops: quho haue wowed to the Lord, in the day quhen the frinds of the causse wer low, and quhen some of your Lops: also wer brought werey low; that ze should trust and imploy, and cleaue to suche persons in the land as feared God, and wer treulie religious, and should neuer dewyde from thosse; zet for all that, some amongest you haue lookit vpone all ore most of thesse on quhome the pouer of godlines hath appeired, with ane eiuell and jelous eye, and haue not onlie neglected to countenance and encourage suche, bot rather haue randered them and ther actions odious and suspected. For wich thinges the wrath of God is gone oute, and is lyke to continew till your Lops: and wee shall learne to putt a difference betuix the pretious and vile, and to haue the power of godliness in grater estimatione.

Wee wold not haue your Lops: to thinke that wee looke vpone thesse thinges wich wee haue remonstrated to you, as the onlie causes of the sade thinges that are vpone the kingdome, or that wee thinke ourselues not guilty or accessorey to the drawing one and procuring thesse bitter thinges that are wpone ws. The Lord knowes that wee are so far from suche thoughts, that althoughe your Lops: wer innocent of all thesse transgressions, wee ar conuinced that in ws ther is als muche guiltines as makes ws feare it is the worse with the Lords people, that wee are amongest them, and with His worke, that our handes are aboute it; in the sense quherof, as wee haue desyred to humble ourselues, so wee purposse to take new occasions for a free acknouledgement of our sins, and to be humbled for them, and to renew our ingagements to the Lord to be more reall and sincere in persewing all the endes of the Couenant, and dewties therin conteind, accordinng to our vocation.

Nather wold wee haue your Lops: to thinke that in our free dealling with you, wee haue beine led with the spirit of bitternes, or desyre to discouer your nakednes to the world, or to strengthen the hands of the adwersaries. He quho knoweth our hartes, knoweth that wee desyre to carrey ourselues respectiuely and deutifully to the publicke judicatories, and to tender ther authoritie and crydit as our liues; nor is it in our heartes to prowoke your Lops: to wnlawfull courses, bot earnistly to desyre you to awoyde them; nor haue wee the least deseinge to follow the foottstepes of the sectarian partie, and change the fundamentall gouerniment of this kingdome, by king and parliament, or aney lewelling way, as wee heir some wold calumniat falsly our honest intentions. The Lord, befor quhom all thinges are naked, manifestly knowes wee detest and abhorre suche coursses; onlie we hold ourselues bound humblie to hold suche the corruptions of persons in the gouerniment, and desyre to be more tender of the guide of the causse and kingdome, than of aney persone quhatsomeuer; and to chusse rather to displeasse men, then to incurre Gods wrathe, throughe our conniuence at ther corrupte wayes in ther places of power. Zet wee shall freelie tell your Lops: quhence this hath proceided, wee being persuaded, in our consciences, of the vnrighteous dealling of thosse quho haue inwaded and wasted our land, and troden doune the pretious ordinances of Jesus Christe, and shed the blood of his saintes; and the necessity of the lamenting people of God, calleth ws to the wtermost adwenturing aganist the enimey; being also sensible of our auen conditione and disproportionable thoughtes for attempting of aney thing, except wee be mightilie helped, assistit and countenanced by the Lord. Bot aboue all thinges, being affrayed of sin and wrathe, least that should meitt with ws, now quhen wee are resolued, according ta our capacitey, and as God shall giue ws opportunity, in his strenth to wenture our liues aganist the enimey; and not knowing wither some of ws, ore aney of ws, shall see your Lops: in the face, or heireafter haue aney occasione to speike for the discharge of our consciences, wee haue therfor, and for our auen exoneratione thought it necessarey to leaue this testimoney [of] our sincere detestation of thesse sinns, and of our desyre to be found free of them, if the Lord shall suffer aney of ws to perishe in our deutie, and to lay thesse thinges at your dore, as in the presence of the Lord, quho can onlie make you and ws repent and reforme our wayes.

Declaring to your Lops: that wee shall desyre you wnfaniedly to mourne for thesse sins, and that ther are ingagements one your heartes befor God, if he shall lenthen our dayes, and take pleasure in ws, to make ws aney wayes instruments of His worke, and for His peoples good and saftie, that wee shall, to the wttermost of our power, endewor to gett thesse thinges remedied according to our places and callinges.

22 Octobris, 1650.—Producit by S? George Maxwoll, and red in presence of the Comittee of Estaites at Stirlinge.

4 Nov: 1650.—The 4 of Nowember the northerne rebelles layed doune armes, and accepted of the acte of indemnitie, by a trettey with L. Generall Dauid Lesley at Strathbolgie.

The L. Generall being at Aberdeine, in his returne southe, after the northerne armeyes laying doune armes; he wes wisited by Mr Androw Cants, elder and zounger, ministers of Aberdein, quho, amongest maney other discoursses, told the L. Generall that wee could not in conscience asist the King to recouer his croune of England; bot he thoughte one kingdome might serue him werey weill, and one croune was aneuche for aney one man; one kingdome being sufficient for one to reuell and gouerne. A number of suche discoursses wer wented to him, bothe by the father and the sone, to the same purpois. The L. Generall told this to the minister of Newbrughe, Mr Laurence Oliphant, and to the L. of Ferney and Londors, one Monday the 11 of this instant of Nouember.

My Lordis,

The grounds and endis of the armeyes entringe Scotland, haue beine heirtofor oftin and cleirlie made knowen wnto you, and hou muche wee haue desyred the same might be accomplished without blood; bot according to quhat returns wee haue receauid, it is euident your hearts had not that loue to ws, as wee can trewly say wee had towards you: and wee are persuaded thosse difficulties in wich you haue inwolued yourselues by espousinge your Kinges intrest, and taking into your bosome that persone, in whom (notwithstanding quhat hath or may be said to the contraire) that wich is really malignancey and all malignants doe center, aganiste quhosse familey the Lord hath so eminently withestood for blood guiltines, nor to be done away with suche superficiall and formall shewes of repentance as are expressed in his laite declaratione; and your strange preiudice aganist ws, as men of hereticall opinions, (wich, throughe the grate goodnes of God to ws, haue beine wniustlie charged vpone ws,) haue occasioned your reiecting of thosse ouertours, wich, with a Christian affection, wer offred to you befor aney blood was spilt, or your people had suffred damnage by ws. The daylie sence wee haue of the calamitie of warre laying vpone the poore people of this nation, and the sade consequences of bloode and famine lykly to come vpone them; the aduantages giuen to malignants, profaine and popeische partey by this warre; and that reality of affection wich wee haue so often professed to you, and concerning the treuthe of wiche wee haue so solemly appealled, doeth againe constraine ws to send wnto you, to lett you know, that if the contending for that persone be not by you preferred to the peace and weillfair of your countrey, the blood of your people, the loue of men of the same faith with you and wich is aboue all, the honor of that God wee serue; then giue the staite of Ingland that satisfaction and securitie for the peaceable and quyet liuing by you, that may in justice be demandid from a nation giuing so iust a ground to aske the same from thosse quho haue, as you, takin ther enimey wnto ther bosome, whilst he was in hostility aganist them; and it will be made good to you, that you may haue a lasting and durable peace with them, and the wishe of a blissing vpone you in all religious and ciuill thinges. If this be refussed by you, wee are persuaded that God, quho hath borne his testimoney, will doe it againe one the behalffe of ws his poore seruants, quho doe appeale to him wither thesse desyres flow from sincerity of heart or not. I rest,

Your Lops: humble Seruant,
O. Cromwell.

Lithgow, 9 Octob: 1650.

The backe of this Letter did beare this superscriptione:—For the R? Honorable the Committee of Estaits of Scotland, at Stirling, or elsquher.

14 No???? 1650.—A grate meitting this day of the Commissione of the Kirke, at Stirling, They wreat to all the graue ministers of the prouince of Fyffe, Perth, and Angus, to assist them.

19 Nov:—The Comittee of Estaits resolues to haue a conference with some Ministers, for the compossing of that bussines anent the westerne remonstrance.

22 Nov: 1650. Rege presente.—My Lord Chanceler makes a narratione to the Committee of Estaits of the progresse of the Comittee of Conference anent the vesterne remonstrance; of the bolde debaittes and small resolution, more then to haue a publicke fast.

23 Nov: Saterday, 1650.—My L. Argyle, Balcarras, Louthean, and the Kings Aduocat, spoke at large aganist the remonstrance of the west, as the opiner vpe of a breache for tolleratione and subuersione of the gouerniment, bothe ecclesiasticke and ciuill. Varrestone and Hombie spoke muche to leassie the bussines. Hombie for the maner, Warrestone for bothe maner and matter.

The Committee of Estaites ordaines all the members of the comittee presently to giue ther declaratione, one ther honor and treuthe, that they wer nather contriuer, carriers one, ore votters to the westerne remonstrance, wich was done; all disclaming it. Varreston did grant that he did see it, was at the voting of it, bot refussed to giue hes wotte therin. He denayed that he wes accessorey to the contriuing of it at first.

2 sent from the Comittee of Estaits to desyre the Comissione of the Kirke not to depairt the toune this day, bot to meitt afternoone, in respecte of the grate bussines in hand.

It was muche debaitit wither the remonstrance of the west should be anssuered in generall or in particular; it went to wott, and wes carried to be anssuered in generall; only Warestone, Robert Locart, and Johne Jeffra, with S? Rob: Adare, wotted to haue it altogither layed assyde.

The result of all this afternoones dispute aganist the remonstrance endit in this, that some wer sett apairt to draw vpe the heades of the acte condemnatorie of the said diuisiue, scandalous, and tresonable remonstrance.

A paquett of letters intercepted by the scoute master, of the enimies, directed to London, quherof 3 letters wer only read, concerning Straquhan and the presbyterians, &c.

The Committee of Estaits ordaines the saids letters to be communicat to the Commissione of the Kirke, especially shewing the grate plot aganist all the presbyterians in England, and how the same was hatchin in Scotland also.

Monday, 25 Nov: 1650. Acte ordaining the parliament to meitt to morrow the 26 of this instant, at ten houres; and a herauld ordaind to make publication heirof.

The Comittee of Estaits declaration aganist the vesterne remonstrance, presented by the sub-comittee, read, and after much debait, votted and past.

In the debait of the comittees declaratione, muche debait wes anent the words, scandalous, scandalous paper, and scandalous lybell.

Eglinton wold had called treasonable and scandalous paper and lybell, and brunt publickly by the hand of the hangman.

Carried, scandalous, with the word, conceaued, to goe befor.

Ther was that wold haue reffered all to the Com: of the Curdie, Register, S? Ja: Hope, S? Rob: Adare, Harden, Thesaurer depute, Busbie, Rob: Locart, Jo: Denholme, Gen: Comissarey.

Preiudiciall and destructiue to his Majesties gouernment, carried only, preiudiciall; destructiue delait.

It is werey diuisiue and holds out the seeds of diuisione, putt to wotte; carried, it holds out the seeds of diuisione of a dangerous consequence.

Exception votted, ther should be, of penners and contriuers of the said remonstrance, and of all suche that did adhere to it after it wes publicly declared aganist.

Marques of Argyle said, (after he had hard S? James Hope say, that all the Comittee of Estaits wes doeing wes destructive to King and kingdome,) that S? James, in all the carriage of this bussines, from the begining, both in parliament and comittee, wes not only a maine enimey to King and kingdome, bot a maine plotter and contriuer, assister and abaitter of all the mischeiffe that hes befallen the kingdome euer since.

It was muche vrged by the dissasenters from the Comittee of Estaits declaratione, to haue all the acte wotted in cumulo, after eurey branch had beine particularly wotted; wich was altogider refussed.

The Com: of Estaites sent the Marques of Argyle, Kings Aduocat, and James Suord, to the Commissione of the Kirke, with ther declaratione aganist the said remonstrance; and a paper quherin they accused Mr James Guthrie and Mr Patricke Gillespie as contriuers and abbators of all this diuisione in churche, armey, and stait.

The Comittee of Estaits sent the Lyone to the Commission of the Kirke, to impart to them the letters that wer intercepted going to England from Owens, Cromwells Secretary.

The Com: of Estaits sent the Kings Aduocat and James Suord to the Comissione of the Kirke, to desyre them to returne ther sence of the vesterne remonstrance to the parliament, in respecte that the committee was to rysse this night, and the parl: to sitt doune to morrow, to quhom lykwayes the said comittee was to communicat that same paper of ther sence of the said vesterne remonstrance; and desyred them that they wold be pleassed to ioyne with them to that effecte.

Perth, 28 Nouember 1650.—Ante Meridiem.—The Commissione of the Generall Assembley hauing receauid from the honorable Committee of Estaits, a paper declaring ther (Lo:) sence upon a paper giuen in to them, intitulated, (the Humble Remonstrance of the gentlemen, officers and ministers attending the forces in the west,) and desyring withall that the Commissioners of the Generall Assembley wold giue ther sence vpon the said remonstrance; therfor the commission hauing takin vnto ther consideratione the said remonstrance, doeth find and acknouledge therin to be conteined maney sade treuthes, in relation to the sinns charged vpone the King, his family, and the publick judicatories, wich also wee are resolued to hold out and presse vpone them, in a right and orderly way, togider with such other sinns as wee find by impartiall searche, and the helpe of the Lordes spirit vpon our indewors therin, that they may take with them, and be humbled befor the Lord, in the sence therof; wee doe find it our deutie to show, that in respecte ther seimes to be therin intrinsching vpone some conclusions and determinations of the Generall Assembley; and in respecte of inferences and aplications made therin, in relation to the King, his interest, and the exercisses of his power and gouerniment; and in regarrd of the ingagements wich, in the closse therof, they declare to be vpon ther hartes befor God, in relation to euidences for remeding the thinges conteind in it, wee are dissatisfied therwith, and that wee thinke it apte to breid diuision in kirke and kingdome, as wee doe finde alredey in pairte by experience, and that the enimey hathe takin aduantage therat; and becausse of the tender respects and loue we owe, and most cordially carrey to the gentrey, officers and our brethreinge of the ministrie, quho haue concurred in the said remonstrance, as being religious and godlie men, and suche as haue alwayes giuen prouffe of ther integritie, faithfullnes and constancie in the causse of God, and for interteinment of loue, vnity, and coniunction amongest the people of God, in acting according to ther calling and statione, aganist the publicke enimey; the breache of all wiche Sathan at this tyme is eagerly driuing at, and the enimey is greidily desyring and expecting. Wee doe resolue to forbeare a more particular examination of the said remonstrance, expecting that at the nixt dyet of this commissione, thesse worthey gentlemen, officers and brethrein will giue suche a declaration and explanation of ther intentions and meining, as may satisfie both kirke and state without aney furder inquyrie or debait thervpone.

The Kings Maiestie and the Committee of Estaites, hauing takin into consideratione a paper presented to the said comittee at Stirling, vpone the 22 of October last, in name of the gentlemen, commanders, and ministers attending the westerne forces: and lykwayes ane petitione presented to the said committee at Perth, vpone the 19 of Nouember instant, desyring ane satisfactorie anssuer therwnto: Doe heirby declaire, that they haue alwayes beine, and are still willing, that all faults and miscarriages of aney, als weill in ther personall carriage, as in discharge of ther publicke trust, may be discouered, redressed and punished, according to the lawes of the kingdome; and that they find it ther dewtie to shew ther dislyke of maney thinges remonstratted and held fourthe in the said paper: Zet being desyrous to follow the wayes of gentlenes and lenitie, rather then to looke vpone the said paper with that stricke inquyrie, wich otherwayes might haue beine done, they have resolued only, in generall, to declair as followes; that they find the said paper, as it relattes to the parliament and ciuill judicatories, to be scandalous and iniurious to his Maiesties persone, and preiudiciall to his authoritie; and as it relattes to religione and churche judicatories, they are to desyre the Commissione of the Churche to giue ther sence therone; and that in regaird of the effecte that it hath alredey produced, and thosse that are lyke to follow thervpone, if not preuented, it holdes fourthe the seed of diuisions of ane dangerous consequence; and that it is dishonorable to the kingdome, in so far as it tends to ane breache of the treattie with his Maiestie at Breda, approuin in parliament and Generall Assembley; that it also strenthens the handes of the enimey, giuing him occasione to iustifie his vniust invasione, and the bloodshed and oppressione committed by him in this kingdome, and weakines the hands of maney honest men; and lykwayes that the said paper holds furthe in the closse of it, ane bonde of ane heighe and dangerous consequence; and albeit the said paper has been wickedly and subtily contriued by some, zet becausse diuersse honest, faithfull, and religious gentlemen, officers, ministers, and others of approuin fidelity and integrity in the causse, of quhom they doe not harbor the leaste thoughte to ther preiudice, haue beine insnared. Therfor the Kinges Maiestie, and committee forsaid, doe heirby declaire the said persones free frome aney imputatione vpone ther names, ore censure vpone ther persons or estaits; excepting heirfra all suche quho shall adhere to the said remonstrance, be ther persisting in prosecutting of quhat is therin contraire to the lawes of the kingdome. Perth, 25 of Nouember, 1650.

Sic subscribitur,
W. Hendersone, Clk: Dom: Com:

Tuesday, 26 Nouembris. 1 dies parliamenti.—Carolus Rex. &c.—Lord Chanceler made a speache, shewing the present conditione of the kingdome, both concerning religion, King, and kingdome; the quality of the enimey that hath inwadit ws, and thesse his associatts, being a companey of wicked and perfidious, zea trecherous blasphemers; nixt he spoke of the deuties incumbent to the King; and nixt, of the dewties wich are requyred of eache member of the present parliament; and lastly, of the deutie that wes incumbent by the housse to the kingdome of Scotland, ther natiue countrey.

His Maiestie made a prettey shorte speiche, shewing of his grate thankfullnes to God for bringing him to this place, &c.; wich endit, the Lord Chanceler did declare, at the Kings comand, the trew forme and causses of his deperture from Perth, 4 Octobris, and of his Maiesties penetencey and sorrow for the same.

The King and parl: sends to the Comiss: of the Kirke, to desyre them to stay to giue adwysse in thinges concerning the good of religion, the peace and vnity of the kingdome. 2. That they will appoynt some to meitt with some from the parl: anent his Majesties coronation. 3. That ther may be a fast befor the coronatione, to craue the Lordes blissing to the actione. 4. To desyre them to poynt at the selue-seikes, auaratious, greidy and other sinns cryed out vpone in the pulpitts, and remonstrances; as also, they will shew quhat are the crooked wayes, and by quhom wssed in trettey.

The housse ordaines this day or to morrow to haue a conference with the Commissione of the Kirke.

The housse ordaines the Comittey for the Armey to be the Comittee for the Conference, to meitt with the Commissioners of the Generall Assembley.

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My Lords and Gentlemen,

It hath pleased Him quho reulethe the nations, and in quhosse handes are hearts of Kinges, by a werey singular prouidence, to bring me throughe a grate maney difficulties into this my ancient kingdome, and to this place, quher I may haue your adwysse in the grate matters that concerne the glorey of God, and the establishment of my throne, and that relat to the generall good and comon happines of thesse three couenanted kingdomes ouer wich he hath sett me. And treulie I cannot expresse the height of that ioy quherwith he hath filled my soule from this signall experiment of his kyndnesse, nor how stronge and feruent desyres he hath created in me to euidence my thankefulnesse by standing to rainge for him, and with ane humble and just subordination to him. That wich incresseth my hope and confidence that he will zet continew to deall gratiously with me, is, that he hath moued me to enter in couenant with his people, (a fauor no other King can claime,) and that he is inclyned me to a resolutione, by his assistance, to liue and dye with my people in defence of it. This is my resolutione, I professe it befor God and you, and in testimoney heirof, I desyre to renew it in your presence; and if it pleis God to lenthin my dayes, I houpe my actions shall demonstrat it. Bot I shall leaue the enlargement of this, and quhat farder I could say, to my Lord Chanceler, quhom I haue commandit to speike to you at grater lenthe, and lykwayes to informe you of my sense, not only of the folley, bot the sinfulnesse of my goinge frome this place, and the reasons of it.

Thursday, 28 Nov: 3 dies parliamenti.—Rege presente.—A message from the Com: of the Kirke anent a conference. Ordered to be at 3 in the afternoone in the session housse.

Ordered to be proponed at the conference, as a thing most fitt for the peace of the kingdome, to haue presently a Generall Assembley called.

Friday, 29 Nov: 4 dies parliamenti.—Rege presente.—A report made by the L. Chanceler to the housse, from the Conference with the Church, anent 2 soleme fasts; one for the contempt of the gospell, ane other for the sins of the King, his familey, and nobility; and the coronatione to be immediatly therafter.

Acte ordaining his Maiestie to be crounid at Scone, upon Vedinsday, the first of Januarij nixt; and this acte to be proclaimed at the crosse of Perthe, by Lyone K. of Armes.

Saterday, 30 Nov: 5 dies parliamenti.—Rege presente.—7 or 8 from the Com: of the Kirke presented to the King and parliament a remonstrance and petition, containing some admonitions to the nobility anent ther bypast miscarriages, as also aganist imploing malignants, contrarey the publicke resolutions of churche and stait; as also aganist the acte of indemnitie, and not naming them rebells and punishing them. That all malignants and ill affected persons be remoued from the courte. That the Kings housse may with speed be effectually purged. That coueteousnesse, auarice, pryde, selue-seikeing, compliance with ennimes, be confessed and repented offe.

A petitione from the ministers of Lothean, Hadington, Lithgow, &c., shewing the pitfull condition of thesse places; how that heresies did begin to grow amongest them, and of ther grate necessities; desyring the Comiss: of the Kirke wold in ther names and behalffe petitione the Kings Maiestie and parlia: for some redresse and speedie helpe.

Nixt the said com: show the parl: that the 2 ministers impeached by them of the Com; of Estaits, Mr Ja: Guthrie, minister of Stirling, and Mr Patricke Gillespie, minister of Glasgow, the one by word opinly, and the other by wreat, haue disclamed quhat was alledged aganist them, as far contrarey to ther intentions.

Then was read, being presented by the com: from the Commissioners of the Generall Assembley, ther sense of the westerne remonstrance, wich was read in the housse.

A petitione from the prissoners that are Irish, Scotts, and now prissoners at Newcastell, and wer takin at Dumbar, to the Generall Assembley or ther Comissione, presented by the kirk to the housse, and read.

The housse ordaines the Lord Chanceler to giue thesse from the Com: of the Kirk thankes, and to shew them that they take it werey weill, and with all desyre them to condiscend in particular vpone perssons and faults, wich in ther remonstrance they named maney sade treuthes; and this the Lord Chanceler was comandit to intreat them to goe seriously about the same; and did thank them also for ther good correspondence in so neidfull a tyme, and that the housse (being convened for that effecte) wold looke to thesse deuties God had called them heir for, and the countrey expected at ther hands; and that the King and parl: wold returne them ther anssuer in wreatt to ther papers, hauing appoynted a comittee to consider them, wich particularly should receaue ther particular anssuers in dew and conuenient tyme.

Monday, 2d December. 6 dies parliamenti.—Rege presente.—Alcheyes bill, wpone the recomendation of the Com: of the Kirke, to be reponed, (in respecte his accessione to the late wnlawfull ingagement) to acte in defence of his countrey aganist the enimey:—Granted, nullo contradicente.

The Com: of Dumbartans bill read, seiking a comissione for putting of some Vitches to execution upon the confessions:—Granted.

Vedinsday, 4 Decembris. 8 dies parliamenti.—Rege presente.—Vpone the Marques Argyles motione, it is ordred, that ane afternoone be sett apairte for anssuering the remonstrance and petitione of the kirke, giuen in the 4 day of the parl: and for considering the same.

That a letter be wrettin to the Moderator of the G. Assembley, that he wold call a meitting of the Commissione of the Kirke, against Vedinsday cum eight dayes, to meitt at Perth, to giue ther adwysse anent takin in and excluding of persons from defence of ther countrey, approuen; and the housse wretts a letter to the Moderator for that effecte, to be directed from the King and parl: and seigned by the L. President of the parl: as also, that the Moderator wold adwertisse all the ministers of the nearest synods and presbeteries to assist with ther presence; and if they cannot adwertisse them to be tymously present, that the doing of it be no retardment to the commissions meitting at the day desyred.

George, Earle of Linlithgow, is this day admitted to the housse, and his incapability by his accessione to the vnlawfull engagement takin offe; he hauing produced 2 actes in his fauors, one of the Com: of the Kirkes, ane other of the Com: of Estaites.

William, Lord Cranston, vpone his bill and the Com: of the Kirkes recommendation, is lykwayes admitted to the housse, and his incapability takin offe; and he reponed to his former integrity.

Thursday, 5 December, 9 dies parliamenti.—Rege presente.—Wpone the reiding of the Earle of Lauderdaills bill, the housse, one his humble petitione, repells his acte of banishment.

Mem: This eiuning, candells being lighted in the housse, a grate stock oule muttit one the tope of the croune, wich, with the suord and scepter, lay one a table ouer aganist the throne.

Friday, 6 Decembris, 10 dies parliamenti.—Rege presente.—A letter from the Moderator of the Generall Assembley, 5 Nouembris, shewing that ther can be no meitting of the Comissione of the Kirke befor ther appointed tyme, viz. 23 of this mounthe.

After the reiding of this letter, the housse ordred that presently a sharpe letter be wrettin to the Moderator, shewing that they wold keepe Thursday, wtherwayes the parl: wold be forced to acte without ther desyred adwysse and concurrence; wtherwayes the world might see that they had failled to concurre with the parl: to succor ther countrey in tyme of hir distresse and gratest neid.

Ordered that particular letters be wrettin to all the neir adioyning ministers to keepe the meitting at Perth one Thursday nixt, for releiffe of the distressed countrey, calling for present helpe at ther handes; wich, if they faill, then they must goe one to doe that wich God, ther countrey, and eurey good man requyres at ther hand.

Tuesday, 10 Decembris, 13 dies parliamenti.—Rege presente.—Ordred that the seuerall bodies meitt at 3 in the afternoone, to consider of the remonstrance giuen in by the Commissioners of the General Assemb: and also how farre incapacities that disables men may be takin offe, and men admitted to fight for defence of the countrey aganist the comon enimey; and to treat anent the prewious adwysses concerning England, and for this effecte to haue a conference with the Commissioners of the General Assembly at 9 houres to morrow.

Ordaines thesse that are appoynted to conferre wt h the Commissioners of the Generall Ass: to adwertisse them of the tyme and place of ther meitting.

Fryday, 13 Decembris. 14 dies parliamenti.—Rege presente.—The remonstrance and petition giuen in by the Commissioners of the Generall Assembley to the parliament, with the report from the bodey of the noblemen, and the suplications from Tuedall and Louthean, redde in parliament.

Saterday, the 14 day of December. 15 dies parliamenti.—Rege presente.—The Kings Maiestie and parliament ordaines the Earle of Cassiles, the Lord Clerckingtone, and Johne Jeffray, to acquant the Commissioners of the Generall Assembley, that some coursse may be takin with suche persons as haue ioynned and complayed with the sectaries.

Remitts to the Comittee of Ouertours, with the Kings Maiesties Aduocat, to thinke vpon soume coursse to be takin with thosse quho haue, or shall joyne or complay with the sectaries; with pouer to examine wittness, and to report ther proceidings to the parliament.

Tuesday, 17 of December. Dies 17 parliamenti.—Rege presente.—The Lord Montgomeries bill, and his brother James, ther bills, one the Com: of the General Assemblies recommendatione, declared capable of publicke imployment, and all actes of restraints aganist them repealled.

[30 December.]—It is declared by the King and parliament, that [no] one hes pouer to come out for defence of the countrey, bot suche as are qualified according to the former acte declaratorey; the acte of classes standing still in vigor aganist them, more then in defence of ther countrey, and hauing accesse to his Majesties personne, &c.

Ordred that the Comittee for anssuering the Churches Remonstrance confer with the Comissione of the Generall Assembley, anent his Maiesties othe of coronatione, as also of that of the people.

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[February.]—It hes bene schawin befoir, in the last yeiris relatioun of the commoun effaires and observatiouns of that yeir434 how that James Grahame, sumtyme Erle of Montrois, did give out a lairge prented Declaratioun and paper, quhairwith he chargeth his awin natioun with hatching a rebellioun in this Kingdome, with promoting the lyke in England, and with the sale and murthour of thair awin native King, and robbing his sone of all rycht, and other horride crymes. To the quhilk Declaratioun thair wes are learned exquisite Ansuer maid by the Committee of the Estaites of the Parliament of Scotland, and by the Commissioneris of the Generall Assemblie, in vindicatioun of thair proceidinges from the aspersioun of that scandalous pamphlet; quhilk answer, gevin out by the Kirk and Stait, wes solemplie proclamit and publeist at the Mercat Croce of Edinburgh, by ane Maisser and sound of many trumpettis. At the publisching quhairof ane scaffold was erectit, with ane fyre thairon, set up in a chimnay, quhairat the commoun hangman of Edinburgh and toun officeris did stand in thair ordiner apperrell usit at such a bussines; and thair, efter reiding of this ansuer of the Kirk and Stait fullie and at lenth, and eftir sounding of four trumpettis on the Croce, the hangman threw that the said James Grahame his Declaratioun in the midst of the fyre, set thair on a scaffold upone the eist syde of the Croce, as worthy of no les, being publisched by that excommunicat traitour James Grahame, under the tytell of A Declaratioun of James Marques of Montros, &c. This done 9 Feb., 1650. This answer may be read at lenth in prent, gevin out both by the Committee of Estait and Commissioneris of the Generall Assemblie.

The Commissioneris of the Generall Assembly sat heir, in Edinburgh, at this tyme, quhairat Mr Johnne Sterling, minister at Bara, wes chosin minister at Edinburgh, upone the 15th of Februar, anno foirsaid. At that tyme also, Mr Thomas Garven was chosin minister at Edinburgh.

16 Feb. Mr David Dik, by the Commissioneris of the Generall Assemblie wes chosin professor of divinitie in the college of Edinburgh, ane learned man, and a great licht in the Church of Scotland.

17 Feb. Ane act of the Commissioun of the Generall Assemblie wes red in all the churches of Edinburgh, dischargeing promiscuous dansing.

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Much faiset and scheitting at this tyme wes daylie detectit by the Lordis of Sessioun; for quhilk thair wes daylie hanging, skurging, nailling of luggis, and binding of pepill to the Trone, and booring of tounges; so that it was ane fatall yeir for fals notaris and witnessis, as daylie experience did witnes. And as for adulterie, fornicatioun, incest, bigamie, and uther uncleanes and filthynes, it did nevir abound moir nor at this tyme....

At this tyme, also, my Lord Lyntoun wes excommunicat and wardit [put in prison] for taking in mariage the Lord Seytounes relict, dochter to the lait Marques of Huntlie, scho being excommunicat for poprie.

Lykewyse, upone Sonday the 24 Februar, the Erle of Kynnoull, Mr James Stewart, [George] Drummond, sone to the Laird of Balloch, and Capitane Hall, wer all excommunicat for incuming to Orknay, and troubling that cuntrey in a hostile maner. Quhairof intimation wes also maid in all the Kirkis of Edinburgh, upone Sonday the tent of Marche, 1650.

Eodem die.—Intimatioun wes lykewyse maid that the Erle of Abircorne wes excommunicat for poprie....

It is to be rememberit that in the monethis of Marche and Apryll, 1646, the Directorie for Godis Service began. In steid of evening and morning prayeris, the ministeris taking to thair consideratioun that the not reiding and exponing of the Scriptures at the old accustumat tyme of prayer, was the occasioun of much drinking at that seasoun quhen these prayeris and chaptures wer usuallie red, thairfoir, and to prevent that sin, it wes concludit, in the begynning of Marche, 1650, that all the dayis of the week a lectorie sould be red and exponit in Edinburgh be everie minister thair per vices; quhilk accordinglie wes put in practize, and so began this holie and hevinlie exercise upone Monday the 18 day of Marche, 1650.

At the same tyme, for eschewing and doun bearing of sin and filthines in Edinburgh, it was actit, that no woman sould vent or rin wyne or aill in the tavernis of Edinburgh, bot allanerlie men servandis and boyes; quhilk Act wes red and publictlie intimat in all the Kirkis of Edinburgh, that all such as haid these commoditeis to sell sould prepare men servandis and boyes for that use agane Whitsounday nixt thaireftir following....

Upone the sevint day of Apryle, 1650, thair wes ane solempne Fast throw the haill kingdome of Scotland, as also with our Commissioneris in Holand sent to the Kinges Majestie. The reasones of the fast wes for the synnes of the land, and that it wald pleis the Lord to grant ane happy succes to the Scottis Commissioneris now at a treatie with his Majestie. This fast wes concludit by the Kirk and Stait to be solemlie keipit the said day both heir within this kingdome of Scotland, as lykwayis by our Scots Conimissioneris now at Breda in Holand, befoir thair going af this kingdome.

Ther wer also eikit to the causis of the Fast, the sin of Witchcraft abundant in the land, the incres of Malignantis and Sectareis, that the King may grant the just desyres of Kirk and Kingdome for stedfastnes to this land, and to these quho hes the charge of the effaires of the land for delyverie of the King from malignant counsells, for strenthening of these that suffer for his cause in England and Yreland, for suppleying the necessiteis of the pure, and much mor to this purpos, and all uther synnes mentionat in the last fast, solemplie keipit throw the haill Kirkis upone the last Sonday of August, 1649.

It war langsum to writt quhat outcryingis wer now aganes that noble erle James lait Erle of Montrois, and prented declarationes gevin out aganes him, and proclamationes, both by Parliament, thair Committees, and by the Assemblie of the Kirk.... Such wer the ordores of Parliament and Committee, and prohibitiones of the Kirkes, that nane durst speik in favouris of that nobleman for feir of censure and punischement.

[Nicol then states the case of a man named Bryson, who, when proclamation to the above effect was made at the Cross of Glasgow, “did cry out, and callit him als honest a nobleman as was in this kingdome,” upon which the magistrates “was forcit to tak and apprehend him, and careyed him to Edinburgh by ane gaird of the tounes officers, presented him to the Committee of Stait than sitting thair, quha, be thair ordour, wes cassin in to the theves hoill, quhairin he lay in great miserie by the space of many weekis.”]

At this tyme, and sindry yeiris befoir, many persones wer trublit for not subscryving the Covenant, and ministeris deposit for the same. Mr Gawin Stewart, minister of Dalmellingtoun not onlie deposit fra his ministrie, bot he debarrit ab agendo in all his actiones and causis civill for recovery of his dettis.

Lykewayis James Macaulay, goldsmith, wes not onlie excommunicat for refuising to subscryve the Covenant, bot lykewayis at his death his corps dischargit to be bureyit in the churchyaird.

[After giving an account of the defeat of Montrose in his last expedition, on the 27th April this year, which it is unnecessary to insert, Nicoll thus proceeds:—]

It may be justlie said that the prayeris of the faithfull availleth much, for during the tyme that this excomunicat traitour remaned in the North, the faithfull servandis of God wer gevand up thair daylie prayeris for his confusioun, quhilk be this former relatioun, is manifest to haif bene hard and grantit; quhilk did moir evidentlie appeir thaireftir at this traitouris taking, for within foure dayis eftir this victorie, this bloodie traitour wes takin and apprehendit. Eftir he haid fled to the hillis, and remayned thair in great miserie and famyne, he come to ane hous and familie quhais Maister was callit M?Cloyd, luiking for protectioun at his handis, being ane of his auld acquentance, and complyer with him in his former plottis and bloodie courses; bot this manis sone, callit Neill M?Cloyd, fearing the danger of the lawis gif he sould conceale him, and heiring of the lairge prommesis of money to the reveillaris and apprehendaris of him, he was inducit thairby to seas upone him, and tak him prissoner in his awin hous, and randerit him to the commanderis of this airmey. All quhich being takin be the moist pairt of this kingdome to be a singular mercy, it pleasit the Commissioneris of the Kirk and Generall Assemblie to appoynt a solempne day of thankisgeving throw all this kingdome; quhilk wes obeyit and began heir in Lothiane, and keipit in all the kirkis of Edinburgh and about, upone the fyftene day of May 1650; at quhilk day and tyme, the new Psalme Buikis wer red and ordanit to be sung throw all the kingdome.

Heir followis, as is reportit, a wicked and ungodlie Declaratioun quhilk James Grahame causit all the ministeris of Orknay and Caithnes to subscryve and assent to, except ane Mr William Smith, ane of the ministeris in Cathnes.

“We, the Ministeris of the Presbytereis under subscryveris, considdering it convenient to us, and these of our calling, to give publict testimonie to the conscientiousnes and justice of his Majesteis service, now presentlie depending, for the gude example of utheris, and removing of quhatsomevir scruple from the myndes of all men, We willinglie frelie, and with candour declair, That we from our soules detest that continued Rebellioun, maliciouslie hatched, and wickedlie prosequute, aganes his late sacred Majestie of glorious memorie, and do from our hartis abhor his delyvering over in bondage and imprissonement, horride and execrable murthour, and all uther dampnable and malicious pretensis, execute aganes him be the wicked rebellious factioun of both kingdomes; the quhich we will not faill heireftir to preache to our pepill, and witnes every day of our calling, as als of our lauchfull acknawlegement, prayer and wisches of the happie establishment of his present Majestie unto all his just richtis; and particularlie, that it may pleis God to gif a blessing to his Excellence James Marques of Montrois, Capitane Generall to his Majestie in the kingdom of Scotland. All quhich we will faithfullie stand to and to the advancing thereof, without haiffing the least thocht or pretext in the contrare. So help us God.”

[Nicoll then details the banishment of the Earl of Callendar, and a number of other noblemen and gentlemen, for being concerned in the Engagement; the execution of General Hurry, John Spottiswood, Hay of Dalgatie, &c.; the arrival of the King; the great rejoicings, &c.]

It is formarlie recordit that, in these preceding yeiris, the prevailling pairteis of Sectareis in Ingland war verrie insolent, quha haid despysed religioun, and laid it in the dust, and haid tollerat many gros errouris, blasphemeis, and strange opiniounes in religioun, and haid mantened, allowed, and ventit the same in England, as the lyke hath not bene hard of in former generatiouns. And the Monarchy and the power of Parliamentis wes the auntient and long continued governament of that Kingdome, yit haif these men usurped above the Parliament, quhois servandis thai war; and, by oppin violence, haif drawn away many, and imprissoned sum of the memberis thairof; and haif not onlie takin away the Hous of Lordis, and destroyed the lait King, but also subverted Monarchy itself, and turned the fundatiounes upsyde doun; and labour to wreith the yok of thair oppressiounes upone thair bodyes and soules, quhairof that Ingadgement now in England is a publict testimonie.

This pairtie, eftir thai haif actit such thinges in England and Yreland, conceaving that thai can not be establisched and eat the fruit of thair awin devyces without contradictioun, als long as the Kirk of Scotland standis in thair way; thairfoir thai threaten us with a warr, drawing thair forces northward, and sending thame in in small pairteis toward the Border, that it may be the les decerned quhat thai do. And gif the Lord sall suffer thame to invaid this land, (as it is to be feared,) that the gangrene of thair errouris may tak hold upone sum ignorant and unstable myndis quho hath not resaved the love of the treuth, so we may luik for desolatioun and destructioun; thairfoir, and for many uther grave and wechtie ressones, the Estaites did levie ane airmy, and put this kingdome in a posture of defence. And the Commissioun of the Generall Assembie upone the 25 day of Junij 1650, did emit ane Seasonable Warning concerning the present dangeris and dewteis unto all the memberis of the Kirk....

At the approaching of this Englische airmy, many pepill heir in the eist pairtes and south wer overtakin with great feares, till the haill regimentis did convene. Mony also in Edinburgh, Leith, Linlithgow, Falkirk, and uther pairtes about, wer put in great perplexitie, quha removed thair best guidis over to the north syde of Forth.

The ministrie also, in thair severall places, wer not deficient to encurage the pepill, prommessing, in Godis name, a victorie over these erronyous and blasphemous pairteis in England, quha, aganes the Covenant and Solempne League, did unjustlie persew this Natioun; and farder, did freelie and franklie outreik ane regiment of hors, for defence of the same, upone thair awin charges and expensses, under the conduct of Colonell Strachane.

Upone the secound Weddinsday of Julij 1650, the Generall Assemblie met at Edinburgh, being the tent day of Julij, and dissolvit not till the 24 day of the same moneth.

22 July 1650, being ane Monday, the Inglische airmy, under the commandement of Generall Oliver Cromwell, croced the watter of Tweid and marched in to our Scottis bordouris to and about Aytoun; quhairof present advertisement wes gevin to our Committee of Stait, and thairupone followit ane strict Proclamatioun that all betuix 60 and 16 sould be in reddines the morne to marche, both horse and fute. The same day, the fute sodgeris lying heir for the tyme did cast ane trinsche fra the fute of the Cannogait to Leith, for halding out of the enymie, that thai sould not pass that way; bot that Edinburgh and Leith sould haif saif correspondence ane with the uther without interruptioun of the enymie.

23 Julij.—The College of Justice outreikit ane fute company of gallant youthes, notwithstanding they haid ane troup of horse on the feildis these twa yeiris bypast.

25 Julij 1650.—The Englische airmy lifted fra Aytoun and Halidounhill, without sound of trumpet or touk of drum, at eftir nune that day, and marched doun toward Cokburnespaith and Dumbar; thaireftir to Hadingtoun, and so to Mussilburgh, Figgetburne, Dudingstoun, Colingtoun, Braidis Craiges-haiffing thair trinches both at Mussilburgh, and alongis to Braid and westwart. And haiffing on sea fyftene sail, they resavit furth thair amunitioun and victuell furth of thair schipis without interruptioun, both at Dumbar, Mussilburgh, Fischerraw, and uther pairtes thairabout, and careyed all alongis with thame to thair airmy with ane convoy of hors and fute.

The Scottis airmy haiffing, efter few dayis, convenit heir upone the Linx of Leith to the number of fourtie thowsand men and above; the half of thame were sent bak, eftir a long space apoynted for purging of the airmy, to the discon[ten]tment of much pepill, and of gentillmen volunteris quha haid frielie cum in to feght for defence of the kingdome. The Scottis airmy being thus in purging daylie, upone the Linx of Leith, it pleasit the Kinges Majestie to cum doun frome Sterling, quhair he than wes, to the Linx of Leith, upone the Monday the 29 of Julij, 1650, quhair he saluted the airmy, being all rankit thair in a plesant posture, to the great joy of the King and contentment of the pepill.

Thaireftir, upone Friday the 2 of August 1650, the King come frome the Leager lying at Leith, to the toun of Edinburgh, ryding with his nobles and leaff-gaird up throw the Cannogait to the Castell of Edinburgh, quhair he wes saluted with a great number of cannoun schot.Thai rfra he come doun on fute throw Edinburgh, quhair he was feasted by the toun of Edinburgh in the Parliament Hous the said day; and thaireftir went doun to Leith, to ane ludgeing belonging to the Lord Balmerinoch, appoyntcd for his resait during his abyding at Leith; and thus haiffing remayned a certane space, veiwing the airmyes on both sydes, he went over the watter to Dumfermling, and to Falkland, and Pearth, for his recreatioun....

The enymie also advanced the lenth of Restalrig, and thair placed thair haill horse in and about the toun of Restalrig, his foote at that place callit Jokis Ludge, and his cannoun at the foote of Salisberrie Hill, within the park dyke; and twelf of his schips advanced to the Raid of Leith, and thrie utheris betuix Edinburgh and Dumbar; and thair, both be sea and land, played with thair cannoun aganes the Scottis Leaguer, lyand in Sant Leornardis Craiges; the Scottis airmy also schuting at thame: bot small skaith on ather syde.

Penult, Julij 1650.—Thair wes ane commandit pairtie sent out from the Scottis Leagure, quha rancountered with ane pairtie of the Englische, both of thame being horsmen, and at Restalrig thai skirmisched about thrie houres. Quhairat the Scottis behaved thame selffis gallantlie at the first, and killed ane major to the enymie with sindrie utheris of thair commoun trouperis; but thair went out sindry gentillmen and volunteiris, and, throw thair ignorance of militarie effaires, maid great confusioun, so that the Scottis were forced to reteir. Quhairupone the enymie tuik thair advantage, and persewed the Scottis hard to the Leagure, and killed and hurt sindrie gentillmen and uther volunteiris, and tuik sum of the Scottis men prissoneris, amongis quhom ane simple sodger, quhois eyes they holkit out of his heid, becaus upone his bak thair wes drawn with quhyte calk thir wordis, I am for King Charles, stryped him naked of his cloathes, and sent him bak to the Scottis Leagure, as wes reported. The enymie, eftir this skirmische, finding the ground not so fit as he desyred for his Leagure, reteirit bak his forces, both horse and fute, to the toun of Mussilburgh.

Upone the morne thaireftir, being Weddinsday the last of Julij, 1650, about brek of day, ane commandit pairtie of Scottis, consisting of 800 men, under the command of Colonell Robert Montgomerie and Colonell Strachane, went out to rancounter the enymie at Mussilburgh, quhair they behaved thame selffis stoutlie and gallantlie, killed many of the enymie, both commanderis, trouperis, and commoun sodgeris, horse and fute, and tuik sindry prissoneris; yit, in end, thai war forcit to quhyte the prissoneris and reteir bak, for the enymie advanced upone thame with fresche horses, and the Scottis, not haiffing a secound help as had the Englische, wer in end compellit to returne to thair Leagure; quhairas gif they haid gottin the help of 500 men, they haid totallie routed the enymie. At this retreit of the Scottis pairtie, sindry Scottis wer killed; bot many mae to the Englische, as wes reportit.

****

Upone the 5 of August, 1650, about midnight, the enymie did lift all thair forces lying in and about Mussilburgh, and marched bak towardis Dumbar, quhair thair schips being than rydand, they resavit from thame fresche viveris and amunitioun in abundance; and immediatlie thaireftir, within twa or thrie dayis, marched bak to Mussilburgh, and fra thence to Dudingstoun, and alongis to Colingtoun and about, quhair they did ly sum certane dayis thaireftir....

Sum of our prissoneris takin by the Englische wer miserablie used, tirred naked, and fettirred in yrone cheynes, as wes reportit.

During the lying of thir twa airmeys in the feildis, all the cornes betuix Berwik, and twa or thrie myles be west Edinburgh, on both sydes, wer destroyed and eaten up. Lykewyse, thair wes such great skairshetie in Edinburgh, that all soirt of viveris, meit and drink, could hardlie be haid for money, and such as wes gottin wes fuisted, and sauld at a double pryce. The haill inhabitantes, lykewyse, of Edinburgh wer forced to contribute and provyde fuid for the airmy, notwithstanding of this skairshitie; and also to furneis fedder beddis, bousteris, coadis, blankettis, scheittis for the airmy, and for the hurt sodgeris to ly upone, with pattis and pannis for making reddie thair meat; and to collect money for providing honest intertenment to the hurt sodgeris that lay in the Hospitall and Paullis Wark.

Upone the 11 day of August, 1650, being ane Saboth day, and a solempne day of fasting and prayer, evin upone that day (according to the Sectarians wonted custome,) the enymie cumed bak fra Braides Crages, quhair he wes than lying, and returned to Mussilburgh, and set doun his Leagure thair till Tysday thaireftir, and then removed from Mussilburgh and returned bak to Braides Craiges, bringing with him great quantateis of victuell, quhilk he haid takin out of the mylnes, killis, and bernis of Mussilburgh, and uther pairtes thairabout.

The 15 of August, 1650, to the quhilk the Parliament of Scotland wes adjorned, fur the Kinges coronatioun, wes of new prorogat and adjorned to the [10] day of September thaireftir, be ressoun of the twa great airmeyis on both sydes, both of thame lying about Edinburgh; and thairfoir the Parliament wes forced to adjorne.

At this tyme, the Commissioneris of the Kirk presentit sum Propositiounes to the King to be subscryvit, quhilk for a tyme was refused; yit in end condiscendit unto, and subscryvit be his Majestie. And, thairfoir, upone his refuisall at the first, the Commissioneris of the Kirk wer pleased to emit this Declaratioun following, quhilk wes sent into the Englische Airmy, with the Approbatioun thairof following, subscryvit be the Committee of Estait. Westkirk, the 13 of August 1650....435

The enymie being now lying neir to the toun of Edinburgh, and the Toun fearing thair invasioun and assalt, they usit all meanis for thair awin defence; and, for this end, erectit scaffoldis within the haill wallis of the toun, set up thair ensignes thairon, extending to xxxij culloris, mannit the wallis with numberis of men, planted ordinance thairon, demolisched the haill houssis in St Marie Wynd, that the enymie sould haif no schelter thair, bot that thai mycht haif frie pas to thair cannoun, quhilk thai haid montit upone the Neddir Bow. The Toun also wes forcit to demolische and tak doun the four prickes bigged on the Neddir Bow, quhilk wes ane verry great ornament thairto, and placed cannoun thairon. The Committee also causit demolische sindrie houssis at the Patterraw Poirt and West Poirt, that the Castell of Edinburgh, and uther pairtes quhair thair cannoun wes stellit, mycht haif sicht of the enymie in cais he sould assalt, and greater fredome to assalt him, be taking doun of the houssis that wer impedimentis to the sicht of the enymie and force of the cannoun.

Upone Settirday, the 24 of August, 1650, our airmy resavit a great disgrace in this manner; to wit, Generall Cromwell and his airmy haifing past throw this kingdome fra Berwik to the place of Colingtoun, without ony oppositioun maid be ony of the gentillmenis houssis by the way quhair they past, untill they come to the hous of Reidhall, within thrie myles be west Edinburgh; in the quhilk hous of Reidhall, the Laird of Reidhall, with thriescoir sodgeris, lay with provisioun, and keipit and defendit the hous aganes the Englisches, and gallit his sodgeris, and pat thame bak severall tymes with the los of sindry sodgeris. The Englische Generall taking this very grevouslie, that such a waik hous sould hald out aganes him and be ane impediment in his way, he and his airmy lying so neir unto it; thairfoir he causit draw his cannoun to the hous, and thair, fra four houris in the morning till ten in the foirnune that day, he causit the cannoun to play on this hous, encampit a great number of his sodgeris about it, with pik and musket, bot all to lytill purpos; for the Laird and the pepill in the hous defendit valiantlie evir till thair powder failled; and eftir it failled they did not give over, evir luiking for help fra owr awin airmy, quha wes then lying at Corstorphyn, within thrie quarteris of ane myle to the hous, of quhais help thai war disapoynted. Generall Cromwell perceaving thair powder to be gone, and that no assistance wes gevin thame, he causit pittardis to be brocht to the hous, quhairwith he blew up the dures, enterit the hous at dures and windois, and eftir slaughter on both sydes, (bot much moir to the Englisches then the Scottis,) tuik all that wer in the hous prissoneris, tirred thame naked, seased on all the money and guidis that wer thairin, quhilk wes much, be ressoun that sindry gentillmen about haid put thair guidis thair for saiftie. So this hous and pepill thairin wer takin in the sicht and face of our airmy, quha thocht it dangerous to hazard thameselffis in such ane expeditioun, the enymie haiffing the advantage of the ground and hillis about him for his defence.

Albeit the Covenant, the Kirk, and Kingdome aucht to be deir and precious in the eyis of all trew Scottismen, yet such wes the dispositioun of sum of thame, that thai wer corruptit with Englische gold, and gaif intelligence of all the proceidingis of our airmy to Generall Cromwell, quhairby much of our intentiounes wer surprised. Sum of thir intelligenceris wer takin and committed to prisoun, and becaus no probatioun could be haid aganes thame, they war liberat upone cautioun. Bot ane of thame being conscious of his awin giltines, strangled himselff in the tolbuith of Edinburgh, being wardit thairin; and thaireftir takin out and publictlie exposit to the view of all the pepill at the Trone of Edinburgh and Mercat Croce of the Cannogait, and thairfra transportit and hung up on the gallous betuix Leith and Edinburgh, quhair he yit hinges, to the terrour of utheris.

27 August, 1650. The twa airmeyis, both Scottis and Englisches, lyand about Corstorphyn, Gogar, and neir to Mortoun and thairabout, began to play with thair cannoun this day, quhilk indured fra thrie houris in the eftirnune till sex at nycht, at the quhilk xij of our airmy wer hurt, ane killed and twa horses. Sindrie men wer killed to the enymie also.

Eftir the enymie haid takin the Laird of Reidhall prissoner, he thaireftir pat him to liberty, commending much his valour and activitie for holding out so stoutlie aganes him that hous of Reidhall.

It wer langsum and tedious to writt all circumstances of these thinges that passed betuix the twa airmeis; for the Englisches removed from Collingtoun, Reidhall, and Niddrie, to Mussilburgh; thaireftir to Hadingtoun and Dumbar, resolving to haif past into England. Bot the Scottis airmy following, inclosit thame at Dumbar, resolving to haif cuttit thame of, as doutles easelie thai mycht haif done; bot our Scottis airmy being devydit and still in purgatioun, removing such as did not pleis the leaderis of this Kingdome for the tyme, the Englisches taking advantage of this divisioun and purging, quhilk lastit mony dayes, and haiffing with thame in thair company many Scottismen quha favored thair courses, and haid resavit thair gold, they prevailled over the Scottis, as heireftir sall be declared: for it is certane thair wes great corruptioun and divisioun and much gold gevin for intelligence to the enymie....

The Englische airmy entered in a parlee with the Scottis airmy both at Corstorphyn and Dumbar, and did offer great and lairge offeris gif we sould suffer him to returne to England without farder molestatioun. Bot our airmy refuisand, he, upone a Monday the secound day of September, anno 1650, pat himself in ordour, and that nicht being a drakie nycht, full of wind and weit, quhairin our Scottis airmy wer cairles and secure, and expecting no assalt be ressoun of the frequent parlees and offeris maid by the Englische, he tymouslie, upone the morne thaireftir, be brek of day, being Tysday the third of September, 1650, invaidit our airmy, all of thame being at rest, and thair horses, and slew of our airmy about—— thowsand men, tuik and apprehendit many thowsand prissoneris, hurt and woundit many thowsands, scatterit all the rest of our airmy, quha for feir fled to Edinburgh and uther pairtes of the countrey.

The Scottis airmy being thus routit and put to flight, the Inglisches war resolvit to content thameselffis with the victorie, and to returne to England. Bot the Generall Cromwell being informed that Edinburgh and Leith wer left desolat, and the inhabitantes thairof fled, and that nather the airmy nor the cuntrie and kingdome war to defend it, the Englische Generall held a counsell of warr at Dumbar, and being thus informed of the hard conditioun of these twa tounes, he with his forces come into Edinburgh and Leith upone the Settirday eftir the feght at Dumbar, being the sevint day of September, planted his garisouns thairintill, and commandit and reullit at his pleasure; these tounes being all of thame weill fortifeyed and provydit to thair handis.

To speik or writt of the opiniounes of many twiching the tinsell of this battell, it wer tedious, for the opiniouns of sum persones wer, that in the Scottis airmy thair wer mony independantis and sectareis, quho haid too much relatioun and correspondence with Generall Cromwell; sum utheris wer in the opinioun that the Englische gold did corrupt many. These wer the opiniounes of many, bot certane it wes that, befoir this airmy wes routtit, thair wes much bussiness maid anent the purging of the Scottis airmy of malignantis be the space of many dayis; evin than quhen the Englische airmy mycht haif bene easelie routtit, and quhen thair souldieris fled in to the Scottis for feir, and quhen honorable conditiounes and lairge offeris wer maid to the Scottis airmy to suffer thame to depairt and to leave the Kingdome; yea, evin the nycht befoir the feght, our Scottis leaderis wer in purging the Scottis airmy, as gif thair had bene no danger. For at this tyme the Scottis airmy thocht that the Englische airmy wer thair prissoneris, be ressoun of the double number of the Scottis above the Englisches, and that the Inglisches wer than in capitulatioun with the Scottis to give thame lairge moneyis and uther conditiounes to suffer thame depairt this Kingdome....

Oh, what can be sufficientlie writtin of these thinges; for thir trubles daylie increst, be ressoun of the divisiounes of this Kingdome quhilk daylie increst: Sum of the commanderis dispysing honest men, quhome thai termed Malignantis; these Malignantis (as they call thame) being willing to ryse for defence of the natioun, bot wer rejected: Utheris, in the west pairtes of this Kingdome, drawing togidder, and takand up a great pairtie of men, be way of associatioun and refuising to joyne in the publict service. And quhen the Scottis airmy mycht haif easelie routtit the Inglisches, and sindry notable occasiounes offered to invaid thame, yit the commanderis of the airmy still delayit, till it pleased God to delyver thame all in the handis of thair enymies.

Thus the Englisches haifing obtenit the victorie, and haifing fortifeyed both Edinburgh and Leith, and placeing garisones thairintill, the Generall and Commanderis of the Englische airmy gaif out this Proclamatioun following:—

“Quhairas it hath pleased God, by his gracious providence and guidnes, to put the citie of Edinburgh and town of Leith under my power, and although I haif put furth several Proclamatiounes since my cumming into this countrie to the lyke effect with this present; yit for farder satisfactioun to all these quhome it may concerne, I do heirby agane publische and declair, that all inhabitantes of the cuntrie, not now being, or continuing in airmes, sall have full and frie leave and libertie, to cum to the airmy, and to the citie and toun afoirsaid, with thair cattell, corne, horses, and uther commoditeis and guidis quhatsoevir; and sall haif thair frie and oppin mercattis for the same, and salbe protected in thair persones and guidis, in thair cuming and returning, as is afoirsaid, from ony injurie or violence of the souldiarie under my command, as also salbe protected in thair respective houssis, and the citizens and inhabitantes of the said citie and toun sall and herby lykewyse haif frie libertie to vend and sell thair waires and commoditeis, and sall be protected from the plunder and violence of the souldieris. And I do heirby requyre all officeris and souldieris of the airmy under my command to tak dew notice heirof, and to yeild obedience heirto as thai will answer to the contrarie at thair outmost perrel. Gevin under my hand at Edinburgh, the sevint day of September 1650.

“O. Cromwell.

“To be proclaimed at Edinburgh and Leith be sound of trumpet and beat of drum.”

Eftir this, the Inglische airmy marched throw Lynlithgow and Falkirk, and went in full body to Sterling, upone Tysday, the 17 of September 1650; quhair thai, not being able to assalt the toun for feir of the Castell, and of moir nor thrie thowsand fute lying within the toun, quhilk wes stronglie fortifeyed and deiply trinsched, they, eftir two dayis lying about the toun, returned bak agane to Lynlithgow, and from thence to Edinburgh, quhair they establisched ordouris, and set doun actis and ordinances at thair plesour....

Quhill these thinges war in doing by the Englische airmy, thair wes lytill cair tane to oppose thame: bot faith and curage failled the Scottis universalie throw the land; divisiounes, haitrent, and malice still increst throw the Kingdome. Collonellis Ker and Strachane withdrew thameselffis fra the Scotis generall, Generall Leslie, and David Leslie his lievtenant; left thair ordouris, refuised to serve under thair command; and not thairwith content, went to the west cuntrie, sik as Glasgow, Paislay, Ranfrew, Irwing, Air, Lanerk, Hammiltoun, quhair thair wes ane Associatioun concludit and drawn up among the Westland schyres, and quhair thai and thair followeris keipit thair randevous, quarterit thair men and hors upone the west pairtes of the land, compellit the gentell men, burgesses and yeemenis to furneis and rander thair horsses for thair service, exacted great soumes of money for thair outreikis; and yit thai did lytill or no service, bot trouping up and down throw the cuntrie a lang space, even fra the feght at Dumbar to the end of November or thairby.

In the meantyme, Generall Oliver Cromwell, cheiff commander of the Inglische airmy, come from Edinburgh to Lynlithgow, Falkirk, and Kilsyth, and thairefter come with his haill airmy to Glasgow, upone Fryday, the xi day of October, 1650; at quhais incuming the maist pairt of the inhabitantes left the toun, and fled to sindry pairtes of the cuntrie for scheltering thameselfis, not so much for feir of the enymie, for thair cariage wes indifferentlie guid, bot becaus thai feared to be brandit with the name of complyeris with sectarianes, as befoir thai wer censured and puneist for remayning in the toun the tyme of James Grahame his incuming, and brocht upone thameselfis the name and style of Malignantes, devysit aganes thame be thair awn nychtboures, quha haitted thame, and socht thair places and offices....

At this tyme, Godis anger wes manifest, and his hett displesour aganes the inhabitantes of this land, for the cornes of the feild war not onlie destroyed by this forrane enymie, and by the Scottis airmyes at home, quha rampit and raged throw the land, eitting and destroying quhairever they went, bot also the Lord from the hevines destroyed much of the rest be stormes and tempestis of weit and wind....

Divisiounes still increst in Kirk and Kingdome, for the Ministrie gave out thair Declaratiounes both aganes the King and the Commissioneris sent to him to Gairsey and Holland.... By thir Declaratiounes of the Ministrie the subjectis of the land wer moved to ceass, and not to lift up airmes and go aganes the commoun enymie, and nane declared capable to persew that enymie bot onlie Colonellis Strachane and Ker, quho wer estemed to be for the Kirk and the Kirkis airmy; albeit it did not prove so succesfull in the end as heireftir it fell out.

The Kingdome being thus in a moist pitifull and deplorabill conditioun and sad estait, nane to ryse aganes the enymie, nor to defend the Kingdome, severall meetingis wer appoynted by the Estait to meet and to consult on the effaires of the land; sum tymes at Sterling, uther tymes at Peerth, quhair dyveris dyettis of Parliament, Committee and Commissioneris for the Kirk met and wer holdin, and for crowning of the King; bot all wes to small purpos, the divisiounes both of Stait and Kirk incresing, to the great advantage of the enymie, quha estemed these inward divisiounes of this land to be worth to him and moir profitable then twenty thowsand men.

I thoght guid to remember heir how that the names of Protestant and Papist wer not now in use, nor hes bene thir sindrie yeiris past, bot supprest: and, in place thairof, rais up the name of Covenanteris, Anti-Covenanteris, Croce-Covenanteris, Puritanes, Babarteres, Roun-heidis, Auld-hornes, New-hornes, Croce-Petitioneris, Brownistes, Separistes, Malignantis, Sectareis, Royalistes, Quakeris, Anabaptistes....

Lykewyse the Commissioun of the Kirk, beiring a great splene aganes all these quha war of the Malignant factioun, (as they did call it), they, be thair Declaratiounes and Commissioneris at Committee and Parliament, maid these forces under the charge and command of David Leslie to ryse aganes these under the charge and command of Lievtenant Major Middletoun, to subdew thame, and croce thair rysing for the King....

So, to end this yeir of God, 1650, this Kingdome wes for the moist pairt spoyled and overrun with the enymie, evin from Berwik to the toun of Air, thair being Inglische garisounes in all quarteris of these boundis; the land murning, languisching and fading, and left desolat, every pairt thairof schut up, and no saif going out nor cuming in, and many treacherous dealeris did deale verie treacherouslie, the Lord hyding his face all this tyme for the synnes of Scotland.

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Jan. 13.—Robert Maitlande, the Laird of Lundie, in Fyfe, meadde his repentance (in his owne seatte) for having hand in the leate engagement against Englande. Mr Ja. Magill, minister of Largo, did receave him, and presentlie, after the covenant being reade, he did sweare the same, and, in the afternone, did subscribe it before the session.—The day before, he did subscribe the peaper emitted by the Gener. Assemb.

1649.—A litell before this, the Earle of Kelly made satisfactione in this manner, in Petten-Weyme, and was receiued by Mr George Hamiltone, m. of Newburne, and afteruarde his owne minister.

1650. Feb.—Ther was sundrie persons in Edenbroughe that had ther eares nayled to the Trone, for bearing false witnes, and one that had his tounge pearced with a hott iyron. About the same tyme, ther was one scourged by the hangman, for having 7 weemen at one tyme with chielde.

Mar. 31.—At the church of Largo ther was read a declaration of the Commiss. of the Gener. Assemb. answering a declaration leatlie published, under the name of James Ghrame, sometyme E. of Montrose. Also, the forsaid day, ther was a publicke fast intimate to be keiped throughe out the whole kingdome, the folowing Lords day. The maine cause of this fast appointed (besides these of former fasts) was, that our commissioners gone to the king (before spoken of) might have a gratious acceptatione, and ther iust desirs granted.

Apr. 27, being Satterday.—James Grahames forces (sometyme E. of Montrose), being in the north parts of this kingdome, werre defeate by L. Ge. Da. Leslie, his folowers.

May 21,—James Grahame (sometyme Earle of Montrosse), was execute at the crosse of Edenbroughe.

A newe translation of the Psalms of David, in metre, first corrected by the Assemblie of Divines, in Englande, bot afteruarde revised by the Gener. Assemb. of this kingdome and their comissioners, was apointed to be practised in all the kirks of the kingdome; the former discharged. This translation is more neare the original Hebrew than the former, as also, the whole psalmes are translated to comon tunes, (wheras, in the former, ther werre many proper tunes); ther be proper tunes also in this translation, bot, with all, ther is adjoyned comon tunes with them. This translation was practised, the 2 of June 1650, at Largo church, in the presbetrie of St Androus, as also through out the rest of that presbetrey, and apointed, with all diligence, to be put in practise through the rest of the presbetreys of the kingdome.

July 7.—Ther was a fast apointed by the Comiss. of the Gener. Assemb. to be keiped through out all the kirkes of the kingdome; the maine causes werre the great securitie of the land, the threatning of the sectarian armie of England to invade this kingdome, the abounding of socerie, and that the Lord wald countenance the folowing Gener. Assemb: etc. This fast was keiped by Mr Ja. Magill, att Largo, the forsaid 7 day of July. This day intimation was made of the excommunication of one Jhone Enster, a shiper in Enster, for his obstinacie in malignancie. As also of one Mr Hollande, ane English man, wha gave him selfe foourth to be a phesitian, he being onlie ane imposter and deceaver, that the people might not have any dealing with him in the meater of physicke.

July 10.—The Generall Assemblie of this kingd. satte att Edenbroughe, where Mr Andro Cant, minister of Aberdeine, was moderator. Att this meiting ther werre severall nobelmen that werre accessorie to the late unlawfull engagement, that werre desirous to be receaved, as the E. of Crafoorde, wha was received in the Abey kirke, and appeared to be verie penitent. The E. of Laderdaile was referred to the comission of the kirke. Duke Hamilton’s petition was rejected; the E. of Marshall (whose lady, a litel before this, depairted out of this life,) the E. of Arroll, and sundrie others. The most pairt of the ministers of Orkenay were deposed, and appointed to be excommunicate, because they had subscribed a peaper of the forsaid Montrosse.436 A number of the ministers of Caithnes werre deposed in likemaner, for conniving at his wayes. L. G. Cromuell, that commanded the English armie, sent a declaratione to this kingdome, declaring the causes why he was comeing downe to invade this kingdome; and another from the pretended parliament of England;—both which werre excellentlie answered, both by church and state, and the Assemb. answers appointed to be read in the severall kirks of this kingdome. The K. Majestie sent a letter to this Assemblie; ther was three ministers appointed to attend his Majestie; as Mr Robert Blaire, m. of St Androus, Mr George Hutcheson, and Mr James Durhame. Ther was a fast appointed (because the forsaide Englishis had invaded this kingdome), to be keiped through the wholle kingdom. This meiting rose the 24 of the said instant. The said Mr Rob. Blaire was desired to come to Glasgowe, (in the roume of D. Strange, who was deposed for some erronius opinions), bot it was refused. A litell before this Assemb. Mr David Dicke, m. of Glasgowe, was transported by the Com. of the Gener. Ass. to Edenbroughe, to be professor ther. He did succeid to D. Sharpe.... Mr Ja. Sharpe was transported from Crayll to Edenbrough, and Mr Jhone Heart from Dyninnowe to Dunkell, both out of St And. presb.—A visitatione for Fyfe to sit in Sept.

Oct.—This moneth the malignant pairtie of this kingd. did ryse in armes in the north; they emited a declaratione. The comission of the Gener. Ass. emitted a warning, deated at Sterling, 24 Oct. 1650, against them, to be read in the several churches. L. G. Da. Lesley was sent north with some horsemen against them.

Oct.—This moneth the westcountrey men joined them selfs in a body (with L. Coll. Ker, Strachan, and some ministers,) and sent in a Remonstrance to the estaits,437 declairing all the escaps of the Kings Maj.; condeming the treatie with him; accusing many of the comitt. of estaits of covetousnes and oppression; speaking against the chife leaders of the armie; and opposing the invasion of England, or enforcing a king upon that kingdome. Ther forces werre scattered at Hamiltone, by a pairtie of the English men, under the conduct of Lambert, on the 1 of Decemb. being Sunday, 1650. Sundry of them were killed, and Coll. Ker, one of ther cheife leaders, wounded and taken.

Nov.—Ther was a meiting, both of state and church, at St Jhonstone, at which tyme they both declaired against that remonstrance of the men of the west contrey (before spoken of), shauing that it was divisive, contrare to the covenant, and acts of the Generall Assemblie; debaring all that adhered to that said remonstrance from sitting and voyceing in the publicke judicatories, ether of state or church. Upon this, sundrie ministers of the north countrey protested against the declaratione of the church, and foure ministers in Fyfe adhered to ther protestation, one in every presbetrey, viz?, Mr Sa. Rutherfoorde, in St Androus presb.; Mr Ja. Wedderburne, in C. presb.; Mr Alex. Moncriefe, in K. p.; and Mr Will. Oliphant, in D. presb.

Mr David Calderwood, a minister in Louthian, depairted out of this life.

Dec. 22.—The fast, apointed by the comission of the kirke to be keiped througe the kingdome before the coronatione, was keiped att Largo the forsaid day, by Mr Ja. Magill; his lecture, Rev. 3, from v. 14 to the end of the chapt. his text Rev. 2, 4, 5. Upon the Thursday folowing, the 26 of this instant, the fast was keiped in likemaner; his lecture 2 Chro. 29. to v. 12; his text 2 Chron. 12. 22. The causes of the first day (not read) was, the great contempt of the gospell, holden forth in its branches. Of the second day (which were read), the sinns of the King, and of his father’s house, where sundry offences of K. James the 6 were acknowledged, and of K. Charles the 1, and of K. Ch. the 2, nowe king. This second day the E. of Laderdaile gave satisfactione (at the k. of Largo), for haveing hand in the late unlawfull engagement against England, where, 1. he acknowledged the sinfulnes and unlaufulnes of that course; 2. his sorowe and remorse for haveing accession therto; 3. his resolutione, for the time to come, to be warre of such courses. After this, Mr Ja. Magill did reid the solemn league and covenant, and he held up his hand and did sweare to the same. So the k. session gave him a peaper, subscribed by the minist. and clerk, testifying that they were weill satisfied with his repentance.

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[Propositions laid down and contended for by Guthrie, in page 19.]

1. All judicatories and Armyes, and all places of power and trust amongst the Lords covenanted people in Scotland, should consist of, and be filled with, men of known good affectione to the work and people of God, and of a blamles Christian conversatione.

2. All known malignant, and prophane scandalous persons, ought to be excluded from power and trust amongst those, and to be purged out from the Judicatories and Armyes.

3. The making of Associations in counsell and in forces with the Malignant party, or these who walk in known wickednes, and in enmity and oppositione to the work and people of God, is to these unlawfull, and ought to be avoided by them.

4. Malignant and wicked men who have been engaged in such enmity and oppositione, or given to prophanity, and have there upon been debarred from the Covenant or Communion, or secluded or removed from power and trust, ought not to be admitted into these till after tryall they shall be found in their ordinary conversatione to give reall testimony of their dislike of their former evill courses and wayes, and of their sorrow for their accessione to the same, and to live soberly, righteously, and godly.

[Page 21.]

In the year 1648, when the parliament were on debats of a ingadgment in War against England, the Comissione of the Kirk, (being there homologated by the Supplications of most of all the Presbytries and Synods in Scotland,) as they did desire the parliment “that the grounds and causes of undertaking a war might be cleared to be so just, as that all the weel affected might be satisfied in the lawfulnes and necessity of the Ingagment, with sundry other things to that purpose; so did they also desire, that if the Popish, Prelaticall, and Malignant party should again rise in arms in this natione, that their armyes might be so farr from joyning and associating with them, that, one the contrairy, they should oppose and endeavour to suppress them, as enemies to the Cause and Covenant on the one hand, as weel as Sectaries on the other; and that, for securing of religione, and all other ends of the Covenant, such persons only might be entrusted to be of Comitees and Armyes as hes given constant proof of their integrity and faithfulnes in this cause, and against whom there is no just cause of exceptione or jealousie.”

And when the parliament, without satisfactione to these desires, did resolve and enact an ingagment in war against the kingdome of England, the Gener: Assembly did condescend upon and issue a Declaratione concerning the sinfulnes of that war as upon many other grounds, so also upon associating with, and employing and entrusting of Malignants in the Army and in Comitees. The Assemblys words be these:—“Suppose the ends of this Engadgment were lawfull, q?? they are not,” &c.439

[After references to the Solemn Confession, &c., and Engagement to Duties after the defeat of the Engagement, the author proceeds, page 24:—]

At the same time, the Comiss: of the Gen: Assembly did make ane Act for debaring of persons accessory to the late Unlawfull Ingadgment in War against England from renewing the Covenant, receiving the Communione, and from exercise of ecclesiasticke office; and the Parliament meeting a litle thereafter, did make two Acts, one for purging the Armys and Judicatories from corrupt and malignant men who were in trust; another for keeping of them pure for the time to come; and the Gen: Assembly, q?? sate in Ed? in the year 1649, did innact that none of these persons who were excluded from the Covenant and Communione should be admitted and received thereto but such as, after exact tryall, did in their ordinary conversatione give reall testimony of their dislike of the courses and wayes of Malignants, and of their sorrow for their accessione to the same, and to live soberly, righteously, and godly. These Acts of Kirk and State, I shall hear set doun, at least so much of them as contributes for the further clearing and proving of our present purpose; to witt, that the propositions formerly mentioned were received, and ouned, and engaged unto by the kirk and kingdome of Scotland, ... “as treuths necessary for preserving and promoving of Religion and Righteousnes.”

[In the 5th chapter, Guthrie goes on to argue, that these several Acts of the Commission and Estates, after the Engagement was defeated, were legal and binding on Kirk and Kingdom, because the Confession of Sins, &c., was made in October, 1648, throughout all congregations and whole body of the people, except those who were excluded; but he does not shew that either the Commission of Assembly or the Estates, subsequent to that time, were legal Assemblies, or had any lawful authority to pass such ordinances.—Page 39.]

The Comissione of the Gen: Assem: meeting at Ed? about the time of the marching of the English Army to invade this land—to wit, June 25, 1650—did emitt a Warning concerning dangers and deuties, in which are these passages:—“Its far from our meaning that any who are tainted with malignancy and disaffectione to the work of God should be allowed or permitted to associate or joyn themselves together by pairtyes in Armys, much less doe we mean y? we should associate or joyne with them, or that they should be imployed, or made use of, or countenanced, or permitted to be in our armyes. The Lord hath so far cleared his mind, both by his words and works, against these that they are very blind who are not convinced therein; and we have made so solemne publick confession of this sin that relates unto Malignants, and so solemnly ingadged our selves against the same, that they among us who should again hazard upon it should seem to be desperatly perverse. It were not only to give great ground of encouradgment to the Sectaries, before whom Malignants have so often fled and falen, but to discouradge the hearts and weaken the hands of men of integrity and godlines, who could hardly expect a blessing in the fellowship of such; yea, it were from the words of their own former confessione and ingadgment unto deuties, to proclaim a judgment against the land till it were consumed without remedy. We are therefore bold, in the Lords name, to warn the honourable Estates of Parliment, and all whom it concerns in the land, that they may be far from such a thing, and that they may take care, in their respective places and stations, to purge judicatories and comitees of all scandalous and disaffected men, and speedily goe about the removing and purging out from the army all men of a scandalous conversatione, and of a questionable integrity and affectione in the cause of God, and that they imploy none but such as are of a blamles conversatione, and of approven integrity in the Lords work. It shall be a shame for any in this land to be so faithless and unbeleiving, as, because of the scarcenes of men, to make use of others who are not thus qualified. The Lord hath not only spoken it in his word, and verified it in his works in the dayes of old, but hath let us see it with our own eyes, that it is all one w? him to save with few as with many, and that a few whom God will countenance are more worth than many against whom he hath a controversy.”

Again, in the same Warning:—“Albeit we be dilligently to take heed of the danger that threatnes from Sectaries, and faithfully to bestir ourselves in our places and stationes in the use of all lawfull and necessary means for preventing of the same, yet are we not to forget, but also with the same dilligence and care, to take heed of these dangers and snares that threatnes the work and people of God from Malignants. Malignancy, though a very evill weed, yet is not pluckt up, but continous to be one of the reigning sins of this land, the snare wherewith loose hearts, who cannot endure Christs yock, are most readily taken. Hence it is that there be many of that stamp in all y? three kingdoms, who, drawing encouradgment to themselves from the influence they have upon the Kings Counsell, and hardning themselves in their way by the proceedings of Sectaries, doe still follow their former designs, and wait for their day, and would rejoice in the ruine or halting of these who adhere to the Covenant; and experience proves, that many of these who have seemed to repent of and abandon that way, yet doe not realy shake of that sinn that hings so fast on, but, upon new tentations, fall again upon the same wickednes, and prove worse then before, which may be a cautione to us not suddenly to trust them. We make no doubt but Malignants will, by all means, endeavour that there may be roome left for them to undermind the work and people of God, and ingadge the kingdom in a new war, upon terms of their devising, destructive to Religione and y? Covenant.”

The Gen: Assembly it self at Edinburgh, in July thereafter, did, upon the 19 of that moneth, publish a Declaratione, in which they give warning concerning Malignants thus:—“We exhort all these who are in publick trust, in y? Comitee of Estates, or otherwise, not only to take good head of their private walking, that it be suitable to the Gospel of Jesus Christ, and of their families and followers, that they bee void of offence, but also be straight in the cause and Covenant, and not to seek themselves, nor befriend any who have been enemies to the Lords work, self seeking, and conniving at, and complying with, and pleading for Malignants, having been publick sins that have been often complained of; and we wish to God y? were no cause to complain of these things still, notwithstanding of the solemne Confession of them, and ingadging against them. God forbid that any mocke the Lord. He is a severe avenger of all such things; and there is the more reason at this time not to own Malignants, because it is ordinary with men so to be taken with the sense of the dangers q?? is before them, as not to look back to that which is behind them. There may be inclinations in some to employ these men, and make use of them, that we may be strengthned in this and in our neighbour land; but God hath hitherto cursed all such counsels, and blasted such resolutions; and if we shall again fall into this sin, as our guilt shal be so much the greater by reasone of many promises and ingadgments to the contrair, so may we expect ane heavier judgment from the Lord upon it. Let us keep the Lords way, and, though we be few and weake, the Lord shall be with us, and make us to prosper and prevail. They are not fit for the work of God, and for the glorious dispensations of his more than ordinary works of power and providence in these times, who cannot beleive nor act any thing beyond what sense and reasone can make clear unto them from the begining unto y? end of their undertakings. Former experiences and present straits call upon us that we should act and follow our deutie in such a way as may magnify the Lord, and make it known to others that we may live by Faith.”

About the same time, the Comitee of Estates in their Declaratione, in answer to the English Declaratione concerning their Invasione, speak thus:—“If wee shall keep Malignancy out of our quarel and Malignant instruments out of our counsels and forces, and our selves free from every thing which may provoke the Lord, and doe every deutie q?? may ingadge him for us, the case of the Ammonites against Jephtah and Israel, the case of Jeroboam against Abijah, the case of Amaziah against Joab, the case of Zenachrib against Hezekia, the case of Moab against Jehosaphat, and the judgment which came upon the invaders, speake terror to our adversaryes y? come against us, and comfort to the necessary defenders.”

Immediatly after the defeat at Dumbar, Causes of Humiliatione and Fast were cendescended upon at Sterline, to be keept through the whole land.440

[Page 42.]

A litle thareafter, to wit, Septemb: 12, 1650, the Comissioners of the Gen: Assem: did write to the severall Presbytries in the land; in q?? letter they doe relate to these causes, and, in speciall, doe recomend to them, “that they would carefully and instantly warne their people ag?? snares, and not to be dismayed, but sanctifie the Lord God in their hearts, that he may be their fear and their dread, soe that they doe not for their safty choose the course of flesh and blood, tending either to compliance with Sectaries, one the one hand, or Malignants, one the other hand, but y? the work of God may be carried on, and his people may follow and adhere unto it in their stations, according to the Covenants and former grounds and principles. We conceive (say they) that these who fear the Lord and make conscience of duety, and desire to be faithfull, will be so far from slacking their hands in their deuty and in a straight way of pursuance thereof for any thing that hath befalen now, that they will rather looke upon themselves as called and obliged to their deuties in a more speciall way of strictnes and watchfulnes than formerly, and that the present difficulties and dangers of the time be not abused for flattering of men in any way that may tend to turning aside to crooked courses.”

With this letter they sent a short Declaratione and Warning, to be read in all the congregationes of the Kirk of Scotl:441....

Upon the 24 of Octob: [1650] the Comissione upon occasione of the rising of many of the Malignants in the North, in a tumultous and rebellious way, did emit another Warning, in q??, (after the laying open of these mens gross miscarriages, and their breaking of all bonds, promises, and oaths,) they doe give warning against complyance with them in these words:—“It shall be wisdome to these that are in authority to walk with Malignants according to the rule of the word of God and the bond of the Covenant, to take good head of trusting and taking in of such that have been opposit to the work of God, so many experiences teaching the unsoundnes of the most of these from year to year.”

In the moneth of Octob: thereafter, or thereabouts, the King (being then at Pearth) did, by the suggestione of some, write two Letters, one to the Commitee of Estates, another to the Comiss: of the Gen: Assem: both q?? were then sitting at Stirline, in q?? he did directly propound it to their consideratione, and ask their judgment concerning y? imploying of these men who were yn excluded from power and trust, and in his letter did propound the consideratione of the lands necessity, and of the advantages that would accress by intrusting of them; yet the Comitee of Estates, (according to my informatione,) and sure I am the Commiss: of the Kirk did return a negative answer to him in this particular, declairing that it would be both dangerous and scandalous to make use of these men.

In the end of Novemb: the Comiss: did give in to the Parliment at Pearth, a Remonstrance concerning the search of their guiltines in the matter of the treaty in the Act of Indemnitie given to the rebels in the north, who had risen in arms after the defeat at Dumbar, in neglecting to purge the Kings family and in their personall carriage. In which Remonst: I find these two passages:—

1. “As we humblie desire your Lo: to be exceedingly watchfull over your hearts, and to bewar of harburing any prejudices or relenting in your affections to the Godly in the land, whom God hes honoured to be instrumentall in his work, so to searche if there hes been at this time among you any purpose or resolutione tending to a sinfull complyance with the enemies of the cause of God; and what upon serious search shall be found of this to ly low before the Lord for it; and withall to guard for the future against all inclinatione of making use of any scandalous, malignant, and disaffected persons for publick trust, or for admiting any to employment in your counsels or armys, except in the way agreed upon by the Publick Resolutiones of Kirk and State.”

The Publick Resolutions here meant were not these against which this dispute runs, for these were not then in being, but the Resolutions contained in the Solemne Ingadgment unto Deuties.

2. “The great foreflowing of that so important a busines, the purging of the Kings family notwithstanding the many addresses we have had to your Lo: thereanent, as we desire it to be looked upon as no small guiltines, so we hope and desire that once for all yow will take some effectuall course for purging the Kings family of all scandalous and disaffected persons, and of constituting it of men of knoun integritie and affectione to the cause of God, as also for debaring all Malignants from accesse to the Kings Maj: and to the Court. We doubt not but your Lo: does consider how bad effects the land hes alredie found of such mens influence upon the King, whereof belike we shall find more, and worse if your Lo: faithfulnes and wisdome doe not prevent it. Let the wicked be removed from the King, and his throne shall be established in righteousnes.”

The same day that this Remonstrance was condescended upon, the Comiss: did also pass ane Act suspending all these Malignants in the north, who had risen in arms, from the Communione, till the nixt Gen: Assem: the just copie whereof follows:—

“Pearth, Novemb: 20, 1650.

“The Comis: of the Gen: Assemb: considering the great sin and offence these men are guilty of, who have had accessione to the late Rebellione in y? North; therefore they doe appoint that all these persons that were actually in armes at the late rebellione, and all such as subscribed the Bond and Declaratione emited by them, to be suspended from the Communione till the nixt Gen: Assemb: to which they are hereby refered for further censure; and for all others that had any accessione, by counsel or otherwise, to that rebellione, or to the Kings withdrawing from his Counsell, refers to Presbytries to try diligently, in their severall bounds, these persons and the degree of their guiltines, and to report the same, with the evidences and proofs thereof, to the nixt meeting of this Commissione.”

“A. Ker.”

About the same time the Comiss: were instrumentall to cause y? King and his family, and the whole land, keep a Solemne Publick Humiliatione for the sins of the King and of his fathers house.

[Page 65.]

“The Comissione of the Gen: Assemb: in their Warning at Ed?, June 25, 1650, when the English army, to their knowledge, were now upon their marche for invading of Scotl: say—

“That these who are tainted with malignancy and disaffectione to the cause of God, should not be allowed or permitted to associate, or joyne themselves together in Armys, much less should we associate or joyne with them, or make use or imploy, or countenance, or permitt them to be in our armies; that we have solemnly ingadged our selves against this, and should be desperatly perverse to hazard upon it; that it were to give great encouradgment to Sectaries, to discouradge the hearts and weaken the hands of men of integrity and godlines, who could hardly expect a blessing in the fellowship of such; that it were from the words of our own former Confessione and ingadgment unto deuties, to proclaim judgment against the land till it were consumed without remedy; that it were a shame for any in this land to be soe faithless and unbeleiving as, becaus of the scarcenes of men, to make use of such.”

The Gen: Assemb: in their Declairatione, July 19, thereafter when the Englishes now were come over the Border, warne against the imploying and intrusting of these men, and tell us “that God hath hitherto cursed all such counsels, and blasted such Resolutions; and that if we shall fall again into this sin, as our guilt shall be much the greater by reasone of many promises and ingadgments to the contrair, so we may expect a heavier judgment from the Lord upon it.”

The Commissione of the Gen: Assemb: that sate at Stirling, after the defeat at Dumbar, did, in the three severall meetings, declair their Judgment to the same purpose. 1. In the causes of publicke humiliatione, which were first condescended upon by the Presbytries and Members of the Comissione, then with the Airmy, and were afterwards approven by the Comissione.

“The not purging of Judicatories and of the Army from malignant and scandalous persons, and not filling all places of power and trust with men of known integrity, and of a blameless and Christian conversatione, together with greater inclinations and endeavours to keep and bring in Malignants to the Judicatories and the Army, as though the land could not be guided nor defended without these,” is acknowledged as one of our sinns, and as one of the causes of our sad stroake.

In their Warning at Stirline, Septemb: 12, 1650, they advertise us that “we would not think that all danger from the malignant pairty is now gone, seeing there are a great many such in the land who yet maintain y? former principles, and therefore (say they) we would, with als much watchfullnes and tendernes now as ever, avoid their snares, and beware of complyance and conjunctione with them, and take heed that, under pretence of doing for the cause, they gett not power and strength into their hands for advancing and promoting their old malignant designes, doubtless (say they) our safty is in holding fast our former principles, without declyning to the right hand or to the left.”

A litle thereafter, the King, by his Letter, propounding the questione unto them concerning the employing and intrusting these men, they did resolve it so as they did hold it furth to be “dangerous and scandalous, and contrair to our former principles to imploy and intrust these men.” That was the language that the Kirk of Scotl: spoke before these Resolutions.

[Page 109.]

The Comissione of the Gen: Assem: in August nixt thareafter, that for preventing any misapprehensione that might arise because of the Kings Declaration about the state of the questione, did emitt a short Declaratione concerning the state of the questione, which I shall here set doun, with the Comittee of Estates approbatione thereof and concurrance therein.

West Kirk, the 13 of August, 1650.442....

This Declaratione was also intertained with a testimony of cordiall acceptance by the army, and was by publick order sent to the Generall of the Inglish army, as containing the true state of the quarrell upon q?? this Kingdome then fought.

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Much about the time of his Majesty’s landing, certain intelligence came of Cromwell’s advance, which induced a necessity of reinforcing their standing army, consisting of 2,500 horse and 3,000 foot. Much debate it had in Parliament, and was much opposed by Warriston, Scheesely, Swinton, and others of that party; but the certain news of his Majesty’s arrival cooled their courages at that time; and so the Act of Levies past, consisting of above 30,000 horse and foot throughout the kingdom. This being done, a list being sent them (by that zealous brother Geffery, one of the Commissioners) of the persons that came over with his Majesty, as well his servants as others. They presently voted all of them from him but the Duke of Buckingham, Mr Seymour, Dr Frazer, and Mr Rodes; and so the Parliament adjourned to the 15?? of August leaving a committee to rule in the interim. Two or three days after, the Marquess of Argyle, the Earls of Boclough and Weymes, Warriston, Cheesely, with the ministers Dick, Guthery, and others of the Committee came, and (having, it seems, power to that purpose,) they mitigated somewhat of the rigour of the former vote; for they only excluded the Lord Wilmot, Mr Secretary Long, Mr Harding, and Mr Oudart from Court, until they were otherwise disposed by Parliament; but banished out of the kingdom within eight days after the publication, either at Dundee or Aberdeene, the Earl of Cleveland, and his son the Lord Wentworth, (who had deserved better of them,) the Lords of Widrington and Grandison, Sir Philip Musgrave, Sir Edward Walker, Mr Progers of the Bedchamber, Collonel Darsy, Collonel Grey, (though absent in Holland,) Collonel Boynton, Major Jackson, and Dr Gough. The first four, to shew their obedience, presently absented themselves; and two of them, the Lord Wilmot and Mr Harding, are again returned to Court, though no publick vote be yet passed in their favour; but the rest being not to expect any from them, and another part of the vote being to have money to transport them, did not remove themselves. Hither many of the Nobility Engagers and others came, but with difficulty were admitted to kiss his Majesty’s hand, and not suffered to stay any time. Among others, the Earl of Cornwarth, who coming into the Privy Chamber, and being told by the Marquess of Argyle, it was a great presumption to come thither being in his condition, he went to his Majesty, told him Friends must part, and wished and hoped he had none about him less faithful to him than himself. Then turning to Argyle, he told him—This is your doing; but I value it not. Then, coming into the presence, he applied himself to the Earl of Cassels, standing on the one side of the Cloth of State, Warriston and Cheesely standing on the other. By this time, notice was given what had passed within, and Mr Wood, the minister, one of the Commissioners in Holland, beckned to him to come away, which he presently did; and coming to him said, Sir, God, I hope, will forgive me—will not you? But Mr Wood turned from him in disdain, giving him never a word; upon this, the Earl of Cornwarth went out. In the interim, Warriston and Cheesely called Sir James Balfour, Lyon King at Arms, and gave him order to take the Earl and hang him presently, except he went from Court. Hence you may observe the charity of the Clergy, and the mercy of the Committee to any of the Royal party; since, the Earl being taken at Edenborough, was made prisoner in the Tolbooth, and (for anything I hear) left to Cromwell’s disposition, together with Sir John Henderson; who coming afterwards to Dumfermling, and addressing himself to the Marquess of Argyle, was to have been employed by him to bring over the remainder of the arms from Sweden; in confidence of whose favour, he went to Edenborough, where he was likewise imprisoned. Besides this vote of Banishment, the Committee presented His Majesty an Act of Confirmation of the Treaty, with a recognition of his right and capacity of his executing of His Royal Authority; intimating their intentions of his Coronation at the next meeting of Parliament. But, in the interim, reserving the administration of affairs to the Committee of Estates, who still kept all in their power, except his Majesty’s concurrence with them can add to their advantage, and then they seek it; to this end, they procured His Letters to the several Northern Counties to hasten the Levies.

The Committee having, to their satisfaction, at this time dispatched their business, returned to Edenborough; so did the old General Levin and David Lesley to the Army; from hence, likewise, all the Commissioners that were in Holland went their several ways, none remaining but the Earl of Lothian, and of the Committee, the Marquess of Argyle and his son the Lord Lorne, taking upon them the sole administration of Affairs.

His Majesty having stayed here about fifteen days, went to St John’s Town, [Perth] where he was affectionately received, and, staying there one night, he passed back to Dumfermling, where he rested two, and so went to Stirling. By this time Cromwell was entred Scotland, and, without any opposition, advanced to Musleborough, but six miles from Edenborough. The Scotish army was drawn between Leith and Edenborough, having cast a trench before them. The number, at that time, of either army were equal, each being about 12,000 men, but Cromwell’s, at that time, in much better order and discipline, for the Scotish army, being solely governed by the Committee of Estates and Kirk, took especial care in the levies not to admit any Malignants or Engagers; placing, for the most part, in command, ministers sons, clerks, and such other sanctified creatures, who hardly ever saw or heard of any Sword but that of the Spirit, and with this, their chosen crew, made themselves sure of Victory.

His Majesty having stayed three nights at Sterling, and Cromwell drawing nearer to Edenborough, was, by the good will of the general officers of the army, and the promptness of the Earl of Eglanton (a little before made Collonel of His Majesty’s Horse Guard,) sent for by him to come to the Army. This was done against the sense of the Committee, and it were to have been wished he had not gone, or not given way so much to them, as when he was there to quit his interest and return. So, on Monday the 27?? of July, His Majesty, attended by the Duke of Buckingham, the Marquess of Argile, and some few of the Scotish nobility, with his servants, rode to Leith. Before he went, all the banished persons were commanded not to go with him to the army. That evening, His Majesty was received into the army with all the expressions of joy; and, at that instant, Cromwell drew a strong party of horse down even to the trench, and caused a party of the Scots, commanded by Sir James Hacket, to retreat in very great disorder. The next day a strong party of horse, commanded by Collonel Mountgomery, son to the Earl of Eglanton, fetching a compass, fell into Cromwell’s quarters about Musselborough, routed six or eight partys of horse, forced (as ’tis said) Cromwell, himself, in his drawers, to take his horse and pass over the river. Lambert was hurt in the action, and some slain, and ’tis as probable that, if Mountgomery had been seconded, he might as well have ruined Cromwell’s army as he did after the Scotish army; but in the retreat, being in disorder, he lost some men and all his prisoners....

By this time the army was much encreased, many Malignants and Engagers having gotten into command, His Majesty high in the favour and affection of the army, which was then more evident by the souldiers having, in the late action, made an R with chalk, under the Crown, upon their arms, and generally expressing the goodness of their cause, now they had the King with them. This startled the Committees both of Kirk and State, who cried out that the quarrel was changed and the cause of God neglected; and so divers arguments were used to remove His Majesty from the army, as the danger of his person, the multitude of people out of order by reason of his presence, want of provisions; and, ’tis reported, the Committee declared that, if he would not retire, they would act no more; and so, much against his will, he was persuaded, on Friday, the second of August, to pass over the Forth to Dumfermling.

Presently the Committee commanded away all Malignants and Engagers, and so lessened the Army of three or 4000 of the best men, and displaced all officers suspected, concluding then they had an army of saints, and that they could not be beaten, for so their lying prophets daily told the people out of the pulpit. Besides, the Gentry out of the Mers and Tividale, who offered to offend Cromwell’s rear, were, on pain of forfeiture, forbidden to embody themselves, or to attempt anything on him, but to come away and leave all to his power. And I have been assured by persons of great honour and integrity, that offers were made by considerable persons of the Malignant and Engaging Parties, that they would raise another army, that in case this were beaten, to take up the quarrel, and, in the interim, to give their wives and children in hostage; that, if this was victorious, presently to lay down arms, or, at least, that they might come into the army and have the van against Cromwell; but neither would be accepted. The prevailing party, to colour their malice and fear of them, (should they get any power,) by their instruments, the Ministers, declaring against them, and terming the sin of malignancy a sin against the Holy Ghost; that it was better to fight their enemies with a handful of elect and godly people than with mighty arms, loaden with that sin, which, like Acan’s wedge, would surely be the cause of their destruction.

About a week after, Cromwell rose hastily in the night, and marched back; he was as far as Haddington before the Scotish army took notice of his motion; thence he went to Dunbarr. This occasioned several reports and conjectures, but none proved true. The Scotish army followed him, not expecting orders from the Committees.

In the interim, a Guard of two companies of foot, under the command of the Lord Lorne, Argyle’s son, was, for honour’s sake, appointed to attend the Court. These are those who, when all the Scots in the north of Ireland declared to join with the Marquess of Ormond against the murtherers of the late King, refused and came home to Scotland, where they are well treated, and put into the Lord of Lorne’s regiment.

Presently after the large Declaration ensuing was either brought his Majesty by Warriston and Berkley from the State, and Douglas and Guthery from the Kirk, or else, (if he had it before,) they then came for his answer. His Majesty, at that time, positively refused to sign it, and they most peremptorily pressed to have it passed in terminis, without any variation, how barbarous and unchristian soever the expressions were therein in relation to the late glorious King. They staid but one night, and so went away to Edenborough and Sterling, where, the next day being Sunday, they thundred out against the King, that they were deceived in him—that he was the very Root of Malignancy, and an utter enemy to the kingdome of Christ; and the Covenant which he had taken was only to gain his ends; and that they must take heed of him and the heathen people about him. Whereupon, on Monday following, the Kirk published the ensuing Declaration, which was approved by the Committee of Estates; and, two days after, three or four of the most zealous of the army, in the name of the rest, exhibited the following Remonstrance, which failed not of an acceptation. And I am assured that both the contrivers and approvers of them were not displeased at his Majesty’s refusal—their ends being thereby to publish their papers, and so to bring his Majesty into the odium of the people and the army; whereby they might more safely treat with Cromwell, and give him assurance of not invading England, (which part of their Resolution is manifest in all their printed Declarations,) and so (if they kept the King amongst them until they could find a way to be rid of him) yet still to assure to themselves the power of Government; for, believe it, they did then and still do more fear His Majesty’s just authority than they do the Conquest by Cromwell.

* * * *

In the interim, Cromwell having got provisions by sea, returns to his old quarters, and, on the 12?? of August, marches on the south side of Edenborough, and encamps on a hill of advantage; his ships likewise pass up the Forth above Leith. The Scots still keep their quarters, the Armys being within three miles of each other.

During his stay there, the Committees, by Swinton and Collonel Carr, sent him their Declaration; and (’tis reported) his answer was that he would not juggle with them; he came for their King: if they would deliver him he would treat, otherwise not. But many believe they were too much of an opinion to have any difference during their negotiations. His Majesty from Dumfermling sends a letter to the Assembly to desire to have some of their number sent him, to satisfie him in point of conscience concerning some parts of the Declaration, and then he would give them satisfaction. What induced him to do it, I cannot say, only the Marquess of Argyle and some of the nearest about him were hourly enforcing the necessity of compliance, and the danger he was in in case he persisted; and possibly making the dangers greater than they would have been had he kept his former resolutions. About four days after, when they had published their papers, been with Cromwell, and the Chancellour and others had harrangued to the army the sence of the Kirk and Committee, which wrought not any great effect, the spirit (though not the body) of malignancy and affection to the King being still amongst them; the Assembly sent two of their number to satisfie His Majesty, who, after many disputes, were at length induced to give way that some expressions, in reference to His late Majesty, should be varied; so His Majesty, upon Friday the 16?? of August, signed it, and very late that night came to St Johnstons, being lodged in a house of David Lesley’s, formerly Earl Gowry’s, and wherein the murther was designed to be acted on King James.

Here following, you may read the Declaration,445 and by it judge if they ever meant it for his Majesty’s good, or whether they have gained or lost by the publishing of it. I am sure many that promised wonders if it were done, and threatned destruction if not, have since found they have, both in Honour and interest, been no gainers by it. And now because it may seem strange to many that His Majesty was induced to sign it, I conceive myself bound in duty, and for His Majesty’s vindication, to offer unto them these following considerations:

First, That necessity had brought him into such hands, as not out of meer loyalty, but for their own interest had seemingly wedded his; and so he was not in a capacity to oppose them.

Secondly, Most of those in power about him, as well English as others, passionately persuaded him to it; laying down the Dangers by his refusal, at the deserting of the army, and probably his own restraint, and an union with Cromwell.

Thirdly, The Ministers made it a matter of conscience and breach of Covenant and Treaty.

Fourthly, It is possible great advantages of power and interest were laid before him to facilitate his compliance; notwithstanding all which, he many days persisted in his refusal until he had got some alterations made in reference to his father. So that, considering the time that it was done in, the importunity that was upon him, and the ill consequences represented in case of his refusal, with the pretended advantages on the contrary. I believe it will be found that few Princes in the like exigent (though of much more years and experience) would have so long resisted so hard and desperate assaults.

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The Scots, immediatly upon the news of his [King Charles I.] death, proclaim his eldest son King, upon the 5th of February 1649, providing alwayes that he was not to be admitted to the exercise of his government till he should give satisfaction for religion and peace; nor could they make warr upon England for their King, till he and they were at a point, which was not for two years after; but these two years, in my opinion, were the best two years that Scotland ever saw.

For though alwayes since the Assembly at Glasgow the work of the gospel hade prospered, judicatories being reformed, godly ministers entered, and holy constitutions and rules daily brought into the Church; yet now, after Duke Hamilton’s defeat, and in the interval betwixt the two Kings, religion advanced the greatest step it hade made for many years: now the Ministry was notablie purified, the Magistracy altered, and the people strangly refined. It is true, at this time, hardly the fifth part of the Lords of Scotland were admitted to sit in Parliament, but those who did sitt were esteemed truely godly men; so were all the rest of the commissioners in parliament elected of the most pious of every corporation. Also, godly men were imployed in all offices, both civil and military; and about this time the General Assembly, by sending abroad visitors into the countrey, made almost ane entire change upon the Ministry in several places of the nation, purgeing out the scandelous and insufficient, and planting in their place a sort of godly young men, whose ministry the Lord sealed with ane eminent blessing of success, as they themselves sealed it with a seal of heavy sufferings; but so they made full proof of their ministry. Scotland hath been, even by emulous foreigners, called Philadelphia; and now she seemed to be in her flower. Every minister was to be tried five times a year, both for his personal and ministerial behavior; every congregation was to be visited by the presbyterie that they might see how the vine flowrished, and how the pomegranate budded. And there was no case nor question in the meanest family in Scotland, but it might become the object of the deliberation of the General Assembly, for the congregational Session’s book was tried by the presbyterie, the presbyterie’s book by the synod, and the synod’s book by the General Assembly. Likewayes, as the bands of the Scottish church were strong, so her beauty was bright: no error was so much as named, the people were not only sound in the faith, but innocently ignorant of unsound doctrine; no scandalous person could live, no scandal could be concealed in all Scotland, so strict a correspondence there was betwixt ministers and congregations. The General Assembly seemed to be the priest with Urim and Thumim, and there were not ane 100 persons in all Scotland to oppose their conclusions; all submitted, all learned, all prayed, most part were really godly, or at least counterfitted themselves Jews. Than was Scotland a heap of wheat set about with lilies, uniform, or a palace of silver beautifully proportioned; and this seems to me to have been Scotland’s high noon. The only complaint of prophane people was, that the government was so strict they hade not liberty enough to sin. I confess I thought at that time, the common sort of ministers strained too much at the sin which, in these dayes, was called Malignancie, (and I should not paint the moon faithfully if I marked not her spots,) otherwayes I think if church officers could polish the saints on earth as bright as they are in heaven, it were their excellencie and the churches happiness. But this season lasted not long.

[This poetical historian afterwards makes statements of a similar character, referable to a period a few years later; but it may not be much out of place to subjoin them here.—P. 52.]

Immediatly upon the king’s landing, Cromwel invaded Scotland, and the Scottish army levyed for the king being entirely beaten at Dumbar by the English, division entered both state and church, which is not as yet even to this day removed. Here the staff of bands was broken. The cause of this rent was this: After the defeat of Dumbar, the king required a new army to be levyed, wishing earnestly it might be of another mettall than that which hade been lossed. So he desired that sort of people who were called Malignants, his darlings, might be brought into places of trust both in council and army, though they hade been secluded from both by their own consent. And this request was granted both by committees of estates and commission of the church sitting at Perth. But there was a party in both these councils, which alleadged confidently, that though the malignants were content to profess repentance for their former practices, yet they should be found to be men neither sincere in their professions, nor successfull in their undertakings. This was the beginning of the fatal schism in the Scottish Church.

[P. 54.—After the battle of Worcester, September 3, 1651.]

The King escaped into France, and the English became peaceable masters of Scotland for nine years following. So, after all the counties of Scotland hade formally acknowledged the English for their sovereigns, they appointed magistrates and constitute judicatories to govern the land for their time. They did indeed proclaim a sort of toleration to dissenters amongst protestants, but permitted the gospel to have its course, and presbyteries and synods to continue in the exercise of their powers, and all the time of their government the work of the gospel prospered not a little, but mightily. It is also true, that because they knew the generality of the Scottish ministers were for the King upon any termes, therefore they did not permit the General Assembly to sitt, (and in this I believe they did no bad office) for both the authority of that meetting was denyded by the protesters, and the Assembly seemed to be more sett upon establishing themselves than promoving religion: also the division of the church betwixt protesters and resolvers continued in the church for six or seven years with far more heat than became, and errors in some places infected some few; yet were all these losses inconsiderable in regard of the great successe the word preached hade in sanctifying of the people of the nation. And I verily believe there were more souls converted to Christ in that short period of time than in any season since the Reformation, though of treeple its duration. Nor was there ever greater purity and plenty of the means of grace than was in their time. Ministers were painfull, people were diligent; and if a man hade seen one of their solemn communions, where many congregations mett in great multitudes, some dozen of ministers used to preach, and the people continued as it were in a sort of trance (so serious were they in spiritual exercises,) for three dayes at least, he would have thought it a solemnity unknown to the rest of the world.

[In reference to the year of the King’s return, Kirkton thus describes the state of the country and Church.—P. 64.]

Now before wee speak of the alteration court influences made upon the church of Scotland, let us consider in what case it was at this time. There be in all Scotland some 900 paroches, divided into 68 presbytries, which are again cantond into fourteen synods, out of all which, by a solemn legation of commissioners from every presbterie, they used yearly to constitute a national assembly. At the King’s return every paroche hade a minister, every village hade a school, every family almost had a Bible, yea, in most of the countrey all the children of age could read the Scriptures, and were provided of Bibles, either by the parents or their ministers. Every minister was a very full professor of the reformed religion, according to the large confession of faith framed at Westminster by the divines of both nations. Every minister was obliedged to preach thrice a-week, to lecture and catechise once, besides other private duties wherein they abounded, according to their proportion of faithfulness and abilities. None of them might be scandalous in their conversation or negligent in their office, so long as a presbterie stood; and among them were many holy in conversation and eminent in gifts; the dispensation of the ministry being fallen from the noise of waters and sound of trumpets to the melody of harpers, which is, alace! the last messe in the banquet; nor did a minister satisfy himself except his ministry hade the seal of a divine approbation, as might witness him to be really sent from God. Indeed, in many places the spirit seemed to be powred out with the word, both by the multitude of sincere converts, and also by the common work of reformation upon many who never came the length of a communion; there were no fewer than sixty aged people, men and women, who went to school, that even then they might be able to read the Scriptures with their own eyes. I have lived many years in a paroch where I never heard ane oath; and you might have ridde many miles before you hade heard any: Also, you could not for a great part of the countrey have lodged in a family where the Lord was not worshipped by reading, singing, and publick prayer....

Now, in the midst of this deep tranquility, as soon as the certainty of the king’s return arrived in Scotland, I believe there was never accident in the world altered the disposition of a people more than that did the Scottish nation. Sober men observed, it not only inebriat but really intoxicate, and made people not only drunk but frantick; men did not think they could handsomely express their joy, except they turned brutes for debauch, rebels and pugeants; yea, many a sober man was tempted to exceed, lest he should be condemned as unnatural, disloyal, and insensible.

[The passages which we have thus quoted are often alluded to as affording evidence that the period in our church history to which they refer was the golden age of the Kirk. Without questioning the honesty of Kirkton, or without interfering with the right which other people have to judge for themselves in weighing the evidence afforded from many sources, we must say that Kirkton’s account of matters appears to be, in its leading points, an enthusiastic fable. There is in every ecclesiastical record of the time, the most redundant and revolting proof that, instead of the unspotted morality on which he discants, enormities of every sort prevailed to a great extent—and such records are unimpeachable evidence. With regard to the alleged extent of intelligence, education, &c., the following brief passage from the record of the Presbytery of Perth, (March 28, 1649,) is quite conclusive:—“List of the Families wherein some of them can read within the parishes following—viz., Scone, 25; Drone, 36; Dumbarny, 55; S? Madoes, 9; Rund, 25; Kinnoul, 18; S? Martins, 13; Ragarton, 9; Arngask, 16; Abernethy 100.” We now proceed to give a detailed account of the Assembly at St Andrew’s in 1651, when Scotland was subjected to the double distraction of a violent schism in the Church, and a war in the field, betwixt the Scotch and the invading army of Cromwell.]

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Preached in the fornoon Mr And. Cant; his text Heb. 12, 12, &c., and spoke generally against the publick proceedings: and in the afternoon, Mr Rob. Douglasse, his text Ps. 102, 6; and in the close of his sermon contradicted the former sermon.

After q??, the members of the Assembly repaired to the Assembly House, and after the King’s Commissioner (my Lord Balcarras) and all wer sitt down in the house, prayer was made by Mr And. Cant, former Moderator; after q?? the Commissions wer given in. Ther wer double Elections given in of Commissioners from Glasgow, Stirling, and Dunkell, q?? wer waved till the Assembly should be constitute.

Mr Ja. Guthry made exception against the ruling Elders that wer chosen Comissioners from Churnside and Dunse, alledging they wer upon the Engagment, and according to ane act of the General Assembly ’49, they could not be Members; also affirming the Presbitry of Churnside to be but 3 or 4 in number, and therfor could not chose Commissioners; but that was laid by untill the Constitution of the Assembly.

After all the Commissions wer given in, quhen they wer about the constitution of the Assembly and election of a Moderator,

Mr John Menzies immediatly arose and said he had somquhat to propound, quhich was for noe intention but disburden his conscience, and it was that the Members of the Comission of the Kirke could not be admitted to sit in the Assembly, in regard their proceedings had been scandalouse, and that it was a rule that noe scandalouse persons should sit or have place in ecclesiasticall judicatorys.

Mr Douglasse did rise, and replyed, that they hoped their cariage should appear to be right, and noe wise scandalouse.

Immediately there arose a great number on both sides, with a great heat and fury—Mr Menzies insisting on his former motion.

Mr Ja. Guthry, backing him, said, that these persons behoved to be scandalouse who had led the Kirk and Kingdome to a course of defection, and told he had noe better termes to expresse their proceedings by.

Mr Pat. Gillespy, Mr John Hamiltoun, and some others, did back this motion.

To this motion replyed Mr Blair, saying he saw the seasonable admonitions given in the preceeding sermons, to meekness, peace, and unity, made noe use of by those who propounded the former motion; but that Mr Menzies’ and Mr Guthry’s speaches wer feirce and bitter.

They replyed that their motion was for the exoneration of their conscience: likewise Mr Ja. Wood, Mr D. Dickson, Mr Bailay, Mr Ramsey, the King’s Commissioner, with some others, replyed to Mr Menzies’ and Guthry’s motion, saying that nothing could be said in that or any other bussiness untill ther should be a constitute Assembly to be judge.

The contrary party said that the report of a scandal was enough to debarr any to sitt in a Kirk Judicatory quhille once they wer freed judicially of a scandall.

Mr Douglasse replyed, that they could not be debarred till judicially they wer found scandalouse, quhich could not be till the Assembly wer once constatute, and did examine their proceedings; and said, that upon that ground the other party should not be admitted, in regard they wer more hurtfull to the work, and scandalouse, by their opposing the safty of religion, King, and Kingdome, then the Commission of the Kirk had been.

After this Mr Sam. Rutherford offered a paper to this purpose, against the constitution of the Assembly, but, with much difficulty and long debate, it was laid aside; for the drift of the motion and paper, by confession, was to hinder a Generall Assembly, to hold quhich was thought very dangerouse.

Mr And. Cant and some proponed a conference to take away the former heat and division; but it was replyed, that that could not be untill the Assembly should be constitute; for they being a confused multitude, and noe judicatory, they could not appoint a Committy for that purpose.

They went to chuse a Moderator; and the old Moderator named Mr Blair, and Mr W? Rait. Besides, the Assembly added Mr Douglasse, Mr Ja. Hamiltoun, Mr And. Cant, Mr Jo. Hamilton, Mr Dickson, by the naming any three of these as the Members thought fitt.

Mr Jo. Hamilton said, quhen it came to his voice for the naming of some to be in the list to be Moderator, that he would name them with this verbal protestation that his naming of them should not be prejudiciall to the exceptions they had to give in against the constitution of this Assembly; to quhich protestation and way of naming the list adhered Mr Jo. Menzies, the Presbitry of Pasley, with some others.

All this being done, the voice passing betwixt Mr Douglasse and Mr Blair, Mr Douglasse, by plurality of voices, was chosen Moderator, and this closed the first session.

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The Lord Commissioner presented a letter from the King, excusing his absence, entreating them to study unity, to censure these who wer contrary to the publick resolutions; and to that purpose the Lord Commissioner had a speech; after quhich

Mr Dickson propounded a motion for conference, quhich they promised to take into consideration after the appointment of the several comittys,—viz., one for examination of the Commissions proceedings—one for overtures and bills—one for contraverted Commissions—one for appeals, references, and reports—one for the synod books; all these to meet at 2 hours in the afternoon.

After all quhich, they fell again upon the motion of appointing a conference with unsatisfyed bretheren; q?upon

Mr John Smith said, that a conference could not weel be while once the examination of the Commissions wer seen.

Mr Douglasse replyed, that for all that there might be ane amicable conference, without any prejudice.

Upon this motion there was a long debate by Mr Jo. Smith on the one hand, and several others on the other.

My Lord Comissioner backed Smith’s motion, saying it was derogatory from the authority of the Assembly to appoint conferences about ane undetermined bussiness, but desired the proceedings of the Commission might be examined and tryed, and then a conference with parties on either hand, whilk should not be satisfied with the Assembly’s mind of the Commission’s proceedings.

It was replied by Mr Wood, Mr Dickson, and Mr Blair, that there might be a conference about the meating of men’s minds and affections, and about other things besyde the procedure of the Commission.

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A Bill from Mr James Hamiltoun, craving money from the severall Presbitrys that have not payed for the Ministers’ Regiment of Horse, he having depursed 10,000 merks and not payed. It was referred to be more particularly examined by the Committy of Bills.

There being a Letter sent from my Lord Waristone, Register, to the Assembly, there fell a hote debate whether it should be read, and it was delayed to a more convenient time.

There was ane appointment of writting a Letter from the Assembly to the King and Army for encouragment, and these Letters to be drawen by Mr Ja. Wood and Mr Jo. Hamiltoun. As for the Answer to the King’s Letter, because it had many particulars in it, it was deferred till further consideration.

Because of the desolation of Orkney, a visitation was appointed to goe ther and visite Orkney and Caithness.

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The Assembly fell on the controverted Commissions. The first was concerning Blaketer, the ruling Elder of Churnside, quhich bred much debate; some alledging him to be included under the Act of Assembly because of his accession to the Engagement—others saying the contrary: soe in regard of the unclearness of the bussiness it was referred to a Comitty.

Then came in the contraverted election from Glasgow. The Election of the Commissioners was Mr Pat. Gillespy, Mr Heugh Binning, Mr Carstairs, Geo. Porterfeild: The 2? Election of Commissioners was Mr Ro. Ramsey and Mr Geo. Young, and these opposed the election of the former before the Assembly, shewing they had given in 2 protestations against the first election: one against the formality of the election, because it was on a suddain without premonition; a 2? protestation against the persons—one excepted, viz. Mr Carstaires. The accusation against the persons did run upon their opposition to the Publick Resolutions of the Kirk and State, and about the Remonstrance, branched out in very many reasons; and after much debate whether they should fall upon the relevancy or not relevancy of these reasons given in against Mr P. G., 0. M., H. B., it was concluded that discussing these reasons should be delayed untill the Assembly should have examined the proceedings of the Commission of the Kirk; and quhen all the Commissioners of the several elections wer called in, Mr P. G. said that these reasons could not be heard by the Assembly—1. Because the most of them wer emergents since their election; 2?? Because the reasons wer materially a libell, quhilk first should have been presented and prosecute before the Presbitry, before they had come to the Assembly. But all was deferred till the Books of the Commission should be examined.

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This Sess. was spent all upon particular Bills.

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This Sess. did hold at 12 hours at night, the Lord’s day, upon the alarme of the routing of our party in Fyfe; and then the Assembly was adjourned to Dundie; and there to sit down on Teusday at two afternoon.

At this Session, Mr Rutherford gave in a protestation against the lawfulness of the Assembly, conteaning the reasons thereof in name of the Kirk of Scotland, subscribed with 22 hands, and desired it might be read; but it was delayed to be read, and all that subscribed the remonstrance, with some others, went away.

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First, the roll of all the members was called; and, beside these who protested, there wer many absent—towards the one half. After citation of the Catalogue, the Moderator declared, that, after their adjourning of the Assembly last Session at St Andrews, a protestation was given in; and [in] regard then it could not be read, he asked if there wer any now to present that paper?

It was answered, that none of the subscribers wer present; but one Mr Oliver Coult said, that he had found that paper quhilk was called the Protestation, and that he would give it in, but that he did not adhere to it, and desired it to be marked. After this, the Protestation was read, and did tend to this—That they declared and protested, in the name of the Kirk of Scotland, and all the members thereof quhich would adhere to that Protestation, against the lawfull constitution of this Assembly—1. Because it was a prelimited Assembly, in regard the free votes for choosing Comissioners was hindred by the Commission of the Kirk’s Letter to the severall Presbitries, desiring them to cite all unsatisfied men to the Assembly, if, after conference, they were not satisfyed; 2ly, Because of the King’s Letter, overawing the Assembly; 3ly, Because of the Commissioner’s speech, tending to the prelimiting of the members of the Assembly; 4ly, Because that the members of the preceeding Commission of the Assembly wer members of this, quhilk should not be, in regard the Commission had led to a course of defection; and therefor they protested against all that should be done by that Generall Assembly or their Commission. This Protestation was subscribed with 22 hands, and licence to add moe subscribers, and moe reasons, as they saw fitt.

After the reading of the Protestation, all their names wer called at the kirk dore, and none compeared.

Then the Moderator publickly enquired, if there wer any moe that would adhere unto them, and own that Protestation? quhilk was presently interrupted by another motion; but shortly after,

Mr W. Jameson desired the Moderator, that he might propone quhat formerly he had said—viz., to enquire if there wer any that would own the former Protestation. But the Moderator, upon his second thoughts, would not hear of it, I know not on what ground.

Quhen this was over, the Commissioner had a speech to this purpose:—That that Protestation was very derogatory to the freedome, liberty, and honnour of the Generall Assembly; and, if it wer requisite, that the King’s authority should be interposed against these men for the vindication of the Assembly’s honnour, to quhich he and all was tyed by Covenant, he promised that should not be wanting.

The Moderator replyed, desiring him to cease; for they should deal with them ecclesiastically, according to the freedome of the Assembly.

This was by way of nipp to the Commissioner; yet he desired to speak his mind, quhich he proceeded in to the former purpose. Nixt the Moderator enquired Mr Dickson’s mind how the Assembly should proceed in this weighty bussiness. He answered, that the bussiness was of the highest concern that ever came before ane Assembly; and that hitherto the Lord had preserved the liberty and freedome of this Kirk intire; and that this Protestation stroke at the root of the freedome of the Assembly. He desired that all would be diligent to deal with God in this bussiness; and least unripe thoughts should be vented anent that Protestation, that it might be referred to a committy to think upon.

Nixt Mr James Wood, being interrogate his mind as to the former bussiness, spoke thus: that he was much weighted and afflicted with that bussiness and the timing of it, and desired it might be referred to a Committy.

Nixt Mr W. Jameson said, In respect they wer declinators of the Assembly, he desired the act anent such as declined the Assembly might be read; and it being read, ordeaned such as declined and protested against the Assembly to be summarly excomunicate.

Nixt spoke Mr Ja. Hamiltoun, and propounded they might be cited to compear befor the Assembly or their Commission, and that a distinction might be made amongst the Subscribers, in regard some wer headstrong and cheife hands in the remonstrance and opposing the Publick Resolutions, and drawing aside of others, and writing ag?? the Publick Resolutions, and others lesse active. 3, In regard that these men would be labouring to draw severall aside to their way, both ministers and others; therfor he said it would be fitt that Letters wer written to the severall Presbitrys shewing the evil of their way, and vindicating the present Assembly. Some others said, that in reference to the first thing that Mr Hamiltoun had said, they thought it enough that the most eminent in the fault might be cited. Others replyed, that it wer fittest all should be cited, and then to let the Assembly make the difference of evry man’s guilt. Some others said, that that quhich was lurking, viz. separation, had now appeared; and the Moderator blessed God that he had deciphered these men.

The Commissioner said they might be censured uncited.

My Lord Humby replyed, that men could not be condemned unheard; but I conceive this was not out of any affection to them or their cause, but only for legality’s sake.

Mr Jo. Smith spoke much ag?? them, with great profession of high esteem of the Persons.

Soe, after much discourse, it was referred to be considered upon by the Committy for publick affairs; but upon this there rose a debate in regard some of the Protesters were members of that Committy, and therfor could not sit as Judges in their own matters. Some would have had a new Committy for that purpose; others said the former Committy might serve:—1st, Because that such members of that Committy as wer Protesters wer not present; 2ly, Though they wer present, they could not sit, seeing they had declined the Assembly; and soe it was concluded that this bussiness should be referred to that Committy. After this the severall Committies wer appointed immediatly to meet, and this Session concluded.

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A Letter came from 7 Members quhich had left the Assembly and mett at Perth, and sent back a Letter to this purpose; that though they did not protest ag?? the constitution of the Assembly, yet they protested that the Assembly should not approve the proceedings of the former Commission, and desired this to be marked. The subscribers of it wer Mr Ja. Donaldson, W? Brown, members of the Presbitry of Biggar; Mr Alex? Dunlope, Mr Mab, Ministers in the Presbitry of Pasley; Mr Jo. Hamiltoun, Mr W? Simmervell. Another Letter came from Mr Ja. Naismith, Mr Tho. Charters, Commissioners for Hamiltoun Presbitry, shewing that, in respect of the motion of the enimie, they could not be present, and that they did adhere to the Protestation, and desired that to be taken as their subscription and keept in record. A Letter came from Mr Jo. Carstairs, shewing 1. that he protested ag?? the approbation of the former Commission: 2ly, That he protested for liberty to adhere to the former protestation, if soe be he got further light than he hath; and that there wer many members there quho in former times durst not mutter.

Upon Mr Carstaires’ Letter, there arose a debate; for

My Lord Angus said—If men had liberty quhen they pleased to adhere to the Protestation, that would be ane ill preparative, in regard enow would ly by untill they saw how things would goe, and if things went the enimies’ way, then possibly enow would protest quho otherwise would not.

Mr D. Dickson spoke much to Mr Carstaires’ commendation, and shewed how he disputed against the Protestation.

Mr Jo. Smith said he saw noe other thing by Mr Carstaires’ Letter but that he adhered to the Protestation; and he being contradicted by the Moderator, all the 3 Letters wer committed.

After this the Committy of Appeals made some reports of quhat they had done, and, among other Appeals, they made report of Adam Stewarts appeal against the Synod of Argyle, concerning Mr Pat. Steuart, Minister of Rasa in Bute. The Synod Book and Mr Pat. not being present, they referred the tryall of the bussiness to the Presbitry of Irivine, and with them joined the Commissioners of Air and Dumbartan, and that their diet be the 3d Wednsday of August.

After this the Protestation was publickly read, and the grounds of ane answer, drawen up by the Committy, was publickly read. And quhen it was read,

Mr Douglasse said, that beside all that was said in answer to the Protestation, he thought it noe hard matter to evince the Protestation to be the highest breach of all the articles of the Covenant that ever was since the work of reformation began.

After this they fell on a debate, whether or not they should presently take the Protestation in consideration, or deferr it till the consideration of the procedure of the Commission?

Mr Dickson pleaded that it should be presently taken into consideration, for it was a declinator of the Assembly. Others would have had the Commission approven; soe it passed in the Assembly [that] that paper was a declinator.

After, the Lord Commissioner and Mr W. Jamison said, that seeing there was ane Act of the Assembly ’38 relating to former Acts, that declinators should be summarly excommunicat, and he understood not how the Assembly could passe by that Act and the former practise.

The Moderator, Mr Ja. Wood, and Mr D. Dickson, said, that they might modifie and molify their own act—yea, repeal it, if need wer.

The Lord Commissioner said, they might repeal the act; but seeing the Act was standing, he saw not how it could be passed by.

The Moderator answered, that they knew quhat to doe with their own Acts, (this was by way of a nipp;) and they quho could repeall the Acts could modify the execution of the Acts, and yet not repeal the same.

The Commissioner said also, that the Protestation was reflecting on King and Parliament, as weel as upon the Assembly, and desired that to be taken heed to. So that it was the drift of the discourse of many to have some of them at least summarly excommunicat; but observe that we could not see that act for summar excommunication; only there was ane act Assembly ’38, that the Bishop of Edin?, in regard he had declined the Assembly, should be excommunicat summarly, according to former Acts of Assemblies, quhich they said wer among the registers of the Kirk.

The Moderator proponed that the matter of censure was not the present question; but he revived the former motion, whether all or only some of them should be cited? And he said that the Committy thought fitt that 3 should be cited. Mr Ja. Guthry, Mr P. Gillespy, Mr Ja. Simson. But others said ther wer others that wer cheife actors in that wickedness quho should also be cited, viz. Mr Ja. Naismith, Mr Jo. Menzies; and some opposed this, soe that it run to a vote, whither all these 5 or not should be cited? It carried that all the 5 should be cited; only there wer some quho thought that they should have been more amicably dealt with in regard these men walked upon point of conscience; therefore these few, viz., Mr Jo. Dickson, Mr Rob? Fergison, Mr Ja. Nisbit, Mr Alex? Gordon, (the author,) Mr Charles Archbald, Mr Alex? Smith, Capt. Rob? M?Clellan, and noe others of all the members of the Assembly voted that they wer not clear for the citation of any of the members at all, quhich was very strangely looked on by the most present.

Speaking of Mr Ja. Naismith, whether he should be cited, Eng. Pittillo answered, Mr Ja. Naismith had been active in drawing aside the Presbitry of Dunkeld.

Mr Tho. Lundy answered, that these Ministers of Dunkeld wer dissatisfyed upon other grounds, even upon the point of conscience, and not upon the relation of affinity that Mr Naismith had to these unsatisfyed bretheren. This being passed, the day of their compearance was appointed the last day of July, before the Assembly. A fast was appointed to be keept by the Members of the Assembly the following Lord’s day.

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There came a Letter from the Commissioners of Stranrauer excusing their absence, and shewing that they assented to the publick resolutions. The Moderator proposed that, seing the examination of the procedure of the Commission was ready, the Assembly would fall upon that, and desired that evry man might have full liberty to speak his mind and not be derided and mocked, quhich was a thing too much in custome; for he remarked a passage in Mr Carstairs’ Letter, supposing that there wer men that sate in this Assembly quhich in former times durst not mutter, quhich, said he, doth evidently declare the insolence and dominering of these men. But he desired that the Assembly might doe otherwise, and even though possibly the reasons of opposers were to small purpose, yet that they might be patiently heard. After that the Moderator proponed, that seeing they were to fall upon the examination of the proceedings of the Commission, that they would chuse a new Moderator; and it was ordered that every one should name one as they pleased; soe it fell on Mr R. Baily—after quhich all the members of the precedent Commission wer removed and their power and authority read.

Mr Jo. M?Gill was chosen clerk. Soe the present Moderator called for the Moderator of the Committy for making their report concerning the procedure of the Commission, and he gave them ane ample testimony of honesty, care, and fidelity; but in regard there wer some particulars quherein the Committy did more fully debate, they now represent them; and 1. Anent the Westland Remonstrance the Committy thought they did rightly and wisely; 2ly, Anent the first querie, that they answered rightly and wisely; 3ly, Anent the Answer to the King’s Letter they did rightly; 4, Anent the Answer to the bretheren of Stirling they did wisely; 5, Anent the Commissioners Letter to Presbytrys and their act for citing of unsatisfyed bretheren they did rightly and wisely; 6, Anent their Answer concerning the repealing the Act of Classes, that they did wisely and rightly, only the Act the 13 of August about the stating of the question, quhereupon the shouldiers should fight, that the Committy was not clear enough.

Then the present Mod? asked a number of the members concerning their whole opinion of the whole procedure of the Commission; soe all that wer asked being many, and the most considerable members sitting answered, they were satisfyed with the whole procedure of the Commission; only some of them said they wer not clear concerning the act of Agust 13; and the most of all said the Commission of the Kirk wer censurable in regard of their too much lenity in reference to the persons who had opposed the publick resolution. Only among all the Members of the Assembly, Mr Jo. Dickson, Mr Rob. Fergison, Mr Ja. Nisbet, Mr Alex? Gordon, Mr Thomas Lundy, being asked of their opinion anent the Publick Resolutions, declared themselves unsatisfyed in taking men into places of power and trust, contrary to the Covenant and solemn engagment. And Mr Tho. Lundy being the first of the former 5 that was interrogate of his opinion, propounded his objections in the name of the rest very acuratly; especially he urged ane argument from the Engagment, viz., how we could acknowledge it a sin to put malignants in places of trust in armys, and promise, in the obligatory part, not to doe the like again?—how these, by the Publick Resolutions, are reconciled? 2ly, How the Commissioners Act for excomunication of these who rose last in the north untill the Assemblie could be compensate with to be violate and the act not stand? 3ly, He objected that that word in the querie “notoriously scandalouse” was contrary to that of the engagement, viz., of knowen integrity; and this he confirmed by the first of the three objections: but the truth is, noe satisfactory answer was given. And the rest of this bussiness was referred to the afternoon. But here mark, that the Moderator of the Committy gave the opinion of the Committy for approbation of all before one man’s opinion in the Assembly was sought, quhich, in such debatable matters, might seem to be a prelimitation of the Assembly.

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It being propounded that all papers might be read, the Westland Remonstrance was read with the Commissions sence thereupon. In the midst of the reading of the Remonstrance came in Mr Ja. Wood, and desyred, that seeing he heard ther was a brother, viz., Mr Thomas Lundy, quhich proponed some objections in the forenoon quhich he heard, according to the propounders opinion wer not sufficiently answered, that again they might be proponed.

The Moderator desired him to remove untill the present bussiness was done, and then he and others in the Commission should be called upon; soe, after the reading of the Remonstrance with the Commissions sence thereupon, Mr Ja. Wood, Mr Douglasse, Mr Dickson, was called in upon, and Mr Tho. Lundy was desired to propone his former objections, to the quhich he replyed modestly, that he was not fitt to debeat with such able men, grave men, befor such a judicatory; yet, least he should seem to refuse satisfaction, he would propone, and the former 3 answered; but the strenth of their answer did run to the point of necessity, but that was not satisfactory to the former. After long dispute, Mr Tho. objecting, and these answering, the debate ceased.

After this, Mr Rob? Fergison proponed ane objection to this purpose; that the Commission of the Kirk had not stood for the libertys of the same, in regard they did not bear testimony ag?? the Estates confining the Ministers of Stirling for supposed error in doctrine, ther being noe precedent judgment of the Kirk condemning their doctrine.

Mr Douglasse answered, that they wer not confyned by the State, but only amicably desired to stay at Perth till the King’s return, he being gone to Aberdeen.

After this, the present Moderator proponed if there wer any more that had any scruple to propone. Mr Murdoch, Mr M?Kenny, and Mr Dav. Forret, said Mr Alex? Gordon was unsatisfyed in some parts, quhich he declared befor noon, and desired him to propone them.

Mr Alex? answered he would doe quhat he had engaged, to propone them in a more privat way to the Members of some of the Commission quhom he thought most able for answering.

After this, the Moderator proponed that they might fall upon the Act of the 13 of Agust, seeing there was noe more to doe anent the report of the Committy anent the Commissions proceedure.

The King’s Commissioner said, that in regard that act did nearly concern the King, he proponed that the Assembly might vote the approbation of all the rest of the procedure of the Commission, and leave that untill he should speak with some of the Members of the Commission in privat. This did breed much debate, for some would have had the King’s Commissioners desire, it being soe reasonable, granted; others objected that there was noe such preparative for the division of the approbation of the Commission Books, soe, after much debate, they did strick this midst in it, that presently the Lord Commissioner should goe apart and speak with some of the Members of the Assembly, and they in private agreed upon a sense that Act should have in all tymes coming, quhich the Assembly agreed unto; after quhich the Moderator proponed the voicing of the whole procedure of the Commission. The question was stated, Approve or not? Soe the whole Assembly voiced approbation of all and evry part of quhat the Commission had done, with the largest commendation that ever any Commission gote—except these 7 following, who votted, not approve, viz. Mrs Tho. Lundy, Jo. Dickson, Ro. Fergison, Ja. Nisbit, Alex? Smith, Alex? Bartrim, Alex? Gordon.

After this, the Moderator [Douglasse] took his chaire, and they read the causes of their fast. The main wer the insolent attempt done upon the Commission; 2ly, The defeat of our party. And then this Session ended.

The nixt morning they fell on the contraverted Commissions, and soe they concluded that the election of Commissioners for Glasgow and Stirling that remained should be susteaned, and the other election, who deserted, should be rejected.

A little after, the enimy marching towards St Johnstoun, by quhich way to have access to Dundee quhere the Assembly was conveened, the Assembly arose and dispersed themselves the best way they could for escaping the enimie and their own safty; yet some of them, notwithstanding, did fall into the enemies hands as Mr Rob. Douglass, Moderator, and some others.

R. Wodrow.

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Amongst the many sad tokens of the Lords indignation and wrath against this Church, the present unhappy differrences of His Servants of the Ministry is looked upon by Us, and We beleeve by all the Godly of the Land, as one of the greatest: And as We hold it a Duty lying upon Us to be deeply humbled before the Lord in the sence thereof, and in our Stations and Callings to endeavor, by all lawful and fair means, the remedy and removal of the same; so we acknowledge a free Gen. Assembly, lawfully called, and rightly constitute, and meeting together in the Spirit of the Lord Jesus Christ, and proceeding with Meekness and Love according to the Rule of His Word, and Constitutions of this Church, to be amongst the first and most effectual Remedies appointed of God, for attaining of these ends. Therefore considering that the Election of Commissioners for the Assembly hath been in many places limited and prejudiced in the due liberty and freedom thereof, by the Letter and Act of the Commission of the last Gen. Assembly, to Presbyteries appointing such as remain unsatisfied with, and bear testimony against the Publick Resolutions, to be cited to the General Assembly; which upon the matter, hath in many Presbyteries really obstructed the Electing of such, though otherwise men of approven abilities, and constant faithfulness and zeal for the Work of Reformation since the begining thereof: and that many Elections are questionable, some as containing persons not in a capacity to be chosen by the Acts of this Church, and some as not being made in a due order and right way; and that many Commissioners of Presbyteries and Burroughs are absent, some of them wanting free access, by reason of the English lying in the Country, and some upon other impediments and occasions; And remembring that such Reasons have formerly had weight in point of Discussion of the validity of some Assemblies, and may still be looked upon as important and weighty, by these who may happen not to be satisfied in their consciences with your proceedings. We did with all humble earnestness, and in the bowels of the Lord Jesus Christ, desire and beseech you for Truth and Peace sake; and that further mistakes and divisions may not be increased unto the prejudice of the Lords Work, and rejoycing of Enemies, and sadding the hearts of His People, That the Diet of the Gen. Assembly may, by the common consent and advice of the Brethren now met together, be adjourned for some competent time; and that by the same mutual advice and consent it may be declared, That the Letter and Act of the Commission ought not to be any prejudice to these who remain unsatisfied with the Publick Resolutions, why they may not be chosen Commissioners to the General Assembly; And that such Presbyteries as shall think fit, may make their Elections of new again, especially these Presbyteries whose Elections of Commissioners are questionable, to whom we desire it earnestly to be recomended, that they would in an unanimous way make choice of men of approven abilities and integrity, and against whom there can be no exception by the Acts and Constitutions of this Church. And in the last place, We do humbly represent and desire, that in the interval of time betwixt this and the Dyet, to which the Assembly shall be adjourned, there may be a Solemn Publick Humiliation throughout the Land, wherein God may be intreated to shew us why He contends with us, and to give light and clearing on all hands concerning the present differences of judgment, and distempers of spirit that are amongst us, that we may be of one mind, and one heart, for the carrying on of the Work of God amongst His People; And Your Wisdoms Answer.

Subscribed by sundry Ministers of the Gospel.

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How gracious the Lord hath been to the Church of Scotland, in giving to her pure Ordinances, we trust shall be acknowledged by us whilest we live, with thankfulness to the Most High, of whom we desire mercy and grace to adhere unto the Doctrine, Worship, Discipline, and Government established in this Land: Amongst the many sad tokens of the Lords Indignation against this Church, The present Differences of His Servants of the Ministry is looked upon by us as one of the greatest: And as we hold it a duty to be deeply humbled before the Lord in the sence thereof, and by all lawful and fair means within the compass of our power and station to endeavor the remedy thereof; so we do acknowledge a free General Assembly, lawfully called, and rightly constituted, and proceeding with meekness and love in the Spirit of the Lord Jesus Christ, according to the Rule of the Word, and the Acts and Constitutions of this Church, to be amongst the first and most effectual means appointed of God, for attaining this end, and for preserving the purity, and advancing the power of the Work of Reformation in this Age, and transmitting the same to our Posterity, and to the Ages and Generations that are to come. But as the faithful Servants of God in this Church in former times, did by His good Hand upon them in the right administration of free and lawful Assemblies, bring the Work of Reformation in Scotland unto a great perfection, and neer conformity with the first pattern: So, unfaithful men minding their own things more then the things of Christ, and usurping over their Brethren and over the Lords Inheritance, did deface the beauty thereof, first by encroaching upon the liberty and freedom of Assemblies; afterwards by taking away the Assembly themselves. Therfore, remembring the many bonds and obligations that lie upon us before the Lord, and being desirous to be found faithful in this day of temptation, and to exoner our consciences as in His sight, and to avoid accession to that guiltiness in which many have involved themselves, and conceiving that this present Meeting is not a free lawful Gen. Assembly of the Church of Scotland, in regard that the Election of Commissioners to the same hath been pre-limited and prejudiced in the due liberty and freedom thereof, by a Letter and Act of the Commissioners of the last Gen. Assembly sent to Presbyteries appointing such Brethren as, after conference, remain unsatisfied with and continue to oppose the Publick Resolutions, to be cited to the General Assembly; And in regard that Commissioners from many Burroughs and Presbytries are absent, as wanting free access, by reason of the motion of the——; and in regard that many of the Commissioners of the former Assembly, who have carried on a course of defection, contrary to the trust committed to them; and who in their Remonstrances and Papers have stirred up the Civil Magistrate against such who are unsatisfied in their consciences with their proceedings, and who have by their Letter and Act prelimited the Assembly, are admitted to sit and vote as Members of the Assembly, and their Moderator appointed to be Moderator of the Assembly, notwithstanding that timous exception was made against them, that they ought not to be admitted as Members of the Assembly, until their proceedings were first tried and approven by the Assembly; And in regard that his Majesty by his Letter, and his Majesties Commissioner by his Speech to the Assembly hath incited to hard courses against those who are unsatisfied in their consciences with the proceedings of the Commission, before these proceedings be tried and approven by the Assembly it self. We do upon these and many other important grounds and Reasons to be propounded and given in, in time and place convenient, protest in the name of the Church of Scotland, and in our own Names and in the Name of all Ministers, Ruling-Elders and Professors of this Church, who do or shall adhere to us against the validity and Constitution of this Assembly, as not being free and lawful, and that they may not arrogat nor assume to themselves any authority, nor exercise any power or jurisdiction for determining of Controversies, making of Acts, emitting of Declarations, judging of Protestations or Appeals, or proceedings of Synods or inferior Judicatures, or censuring of Persons or Papers, or issuing of Commissions of whatsoever sort, to any persons whatsoever; and particularly we protest, that they may not proceed unto the approving or ratifying of the proceedings of the former Commission, not only because of their want of just power and authority so to do, but also because these proceedings contain many things contrary to the trust committed to these Commissioners, especially the allowing and carrying on of a conjunction with the Malignant Party, and bringing them in to places of Power and Trust in the Army, and in the Judicatures, contrary to the Word of God, the Solemn League and Covenant, the Solemn Confession of Sins and Engagement to Duties, the constant tenour of the Declarations, Warnings, Remonstrances, Causes of Humiliations, Letters, Supplications, and Acts, and Constitutions of this Church, and the laying of a Foundation for the Civil Magistrate to meddle with Ministers in those things which concern their Doctrin and the exercise of Ministerial Duties before they be cited, tried, and censured by the Judicatories of the Church. And we protest that whatsoever Determinations, Acts, Ratifications, Declarations, Sentences, Censures, or Commissions that shall be made, or given out by them, may be void and null, and may be interpreted as not binding to the Church of Scotland, and that notwithstanding thereof it may be free for us, and such as adhere to us, to exercise our Ministerie, and enjoy the warrantable Christian liberty of our consciences according to the Word of God, the National Covenant, and Solemn League and Covenant, and Solemn Engagement to Duties, and all the Acts and Constitutions of this Church; and that there may be liberty to chuse Commissioners, and to conveen in a free lawful General Assembly, when there shall be need, and the Lord shall give opportunity, and to add what further Reasons shall have weight for shewing the nullity of this Assembly, and the unwarrantableness of the proceedings of the Commission of the former Assembly. And that these Presents may be put upon Record by the Clerk in the Regesters of the Assembly, to be extant ad futuram rei memoream, and that we may have subscribed Extracts thereof under the Clerks hand.

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1. Instance in the Presbytery of Jedburgh.

The Letter and Act of the Commission of the Gen. Assembly 1650, concerning the Citing of such of their Number as were Opposite to the Publick Resolutions, came to the Presbytery of Jedburgh, before the chusing of their Commissioners to the Assembly: At the time of the Election, the Presbitery after the reading therof, did in obedience thereto, make enquiry, who of their Number were not satisfied with the publick Resolutions; and finding that Mr John Livingston, Mr Ja. Ker, and Mr Jo. Scot, were dis-satisfied with these Resolutions, they did appoint Conference with these Brethren in order to their satisfaction, by reading of some publick Papers, refusing any other way of Conference unto them; after which, they went on to the Election of their Commissioners, passing by these dis-satisfied Brethren, and Citing them by vertue of the Act of the Commission, to Compear before the General Assembly to be holden at St Andrews the ______ day of July, 1651.

2. Instance in the Presbyterie of Dunkel.

The Presbyterie of Dunkel having chosen such of their number to be Commissioners to the General Assembly 1651, as were in their judgments opposite to the publick Resolutions; some of the Presbytery dissented from the Election of these persons upon the ground of their being uncapable to be Commissioners, because of an Act of the Commission for citing of such to the Assembly, and urged, That the Dissent, and ground thereof, might be marked in the Presbytery-Book, to be judged by the Synod.

3. Instance in the Synod of Perth.

The Synod of Perth, which met in June 1651, having received and read the Letter, and Act of the Commission, concerning the citing these who were opposite to the publick Resolutions, did find it incumbent unto them for satisfying the said Letter and Act, to appoint the several Presbyteries within their Bounds, and where the plurality of the Presbytery was dis-satisfied with the publick Resolutions, some nominated by themselves to Confer with dis-satisfied Brethren; and in case of their not receiving satisfaction by Conference, to cite them to the Gen. Assembly at St Andrews, from which Act of the Synod, such dis-satisfied Brethren as were present, who were about eight or nine, did Dissent, and were therfore cited apud acta by the Synod, to Compear before the Assembly, because of their opposition to the publick Resolutions: and concerning the rest who were absent, it was ordered by the Synod, That personal Summons should be sent unto some of them, and that others of them, in case of their not being satisfied by Conference, should be cited by their respective Presbyteries, and such as were appointed to Confer with them: At the same time, the Synod taking in consideration the Dissent of some of the Members of the Presbytery of Dunkel, and the grounds thereof, from the Election of their Commissioners, did sustain the same, and appoint the Presbitry to make a new Election.

4. Instance in the Presbytery of Kirkaldie.

The Presbyterie of Kirkaldie, having received and read the Letter and Act of the Commission, did thereafter and in order therto, refuse to subscribe the Commission of Magnus Aytoun, then chosen Commissioner to the General Assembly by the Town of Brunt-Iland, because when his Commission was presented to the Presbitery, he was not present to declare his judgment concerning the publick Resolutions. The same Presbytry did by vertue of the same Letter and Act find themselves oblidged to Refer or Summon two of their number, to wit, Mr Alex. Muncreiff, and Mr George Nairne to the General Assembly, because of their being dis-satisfied with the publick Resolutions, but remembring that these two had a little before that time Dissented from an Act of the Synod of Fife, appointing such Ministers in the Bounds of that Synod as were dis-satisfied with the publick Resolutions, to be referred to the General Assembly, did find that they were obliged to compear before the Assembly, to give in the Reasons of their Dissent from that Act; and therfore the Presbytery did draw up a Paper mentioning their regard to the Act and Letter of the Commission, and also bearing the Dissent of these two Brethren, and that they judged it not necessary to summon them, who were already by their Dissent obliged to compear; and this Paper they did deliver to their Commissioners, appointing them to present it to the Assembly.

5. Instance in the Presbytery of Glasgow.

The Presbytery of Glasgow did choose Commissioners to the General Assembly 1651, before the Letter and Act of the Commission came to their hands, from which Election some of their Number did Dissent upon this ground amongst others, because the persons chosen were of a contrary judgment to the publick Resolutions, and that they knew that the Commission of the General Assembly was to send some publick Directions to the Presbitery anent that matter, and the dissenting part of the Presbitery, though the smaller number by many, did thereafter make a new Election of their own, and did cite some of these of the Presbitery who were opposite to the publick Resolutions, to compear before the Assembly upon the ground contained in the Letter and Act of the Commission; and some of the same Dissenting part of the Presbitery, who were frequently with the Commission, in promoting these Affairs, did send the Letter and Act of the Commission inclosed in a Letter of their own to two of the Brethren of the Presbitery of Lanrick, advising them, That before the Election of Commissioners in their Presbitery, they should cause read the Letter and Act of the Commission, and endeavor to carry on the Election accordingly; and that if they could not attain this, that then these of their Number who did approve of the publick Resolutions, should make a New Election amongst themselves, and leave it to the Assembly to judge which of the two Elections was valid; signifying withal unto them, that they had done so in the Presbytery of Glasgow.

6. Instance in the Presbitery of Biggar.

The Letter and Act of the Commission 1650, concerning such as did Differ from the publick Resolutions, came to the Presbytery of Biggar, and was publickly read therin before the chusing of their Commissioners to the General Assembly; and thereupon Interogators were made to the Brethren, for trying of their judgment anent the publick Resolutions, that these who profest themselves dissatisfied therewith, might be rendered uncapable to be chosen Commissioners to the General Assembly.

7. Instance in the Presbytery of the Merns.

The Presbytery of the Merns, having chosen the Lord Arbuthnet in his absence from the Presbytery, to be Commissioner as Ruling Elder to the General Assembly 1651, did send two of their Number unto him to take his Oath to be faithful in that imployment; and withal, to take tryal whether he were satisfied with the publick Resolutions; and to signifie to him, That if he were not satisfied with these Resolutions, the Presbytery could not be answerable to give him a Commission for sitting in the Assembly, but behoved to chuse another.

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As we cannot but with sad hearts regrate that notwithstanding of the many endeavors of, and great pains taken by the Parliament and Committee of Estates, for removing of Differences, and offering all just satisfaction to the Desires of the Commissioners of the General Assembly concerning the necessity and lawfulness of this present Engagement; yet they have all hitherto proven ineffectual, and Divisions betwixt us are rather increased, then lessened; so we cannot but here promise to our selves better Success from the wisdom of this grave and venerable Assembly, especially whilst our consciences bears us witness, that in all our undertakings we have nothing before our eyes but the glory of God in the first place; and in the second, the good and preservation of Religion; and next therunto, the safety of his Majesties Person now in danger, and the pursuance of the same ends of our Covenant which hath been sealed with the blood of so many of our friends and country-men: And that our sincerity and reallity in all these may be manifested to all the world, we are content now again at this time, not only to renew all these offers which were formerly made by the Parliament to the Commissioners of the Gen. Assembly, for the security of Religion; but hereby we offer to grant what further security the General Assembly shall be pleased to demand in reason of us for Religion: And although we cannot lay negatives and restrictions on the King, but must, as obliged in conscience and duty, endeavor his Rescue, that he may come with honor, freedom, and safety to some of his Houses, in, or about London; yet we are most willing to give what Assurance can be demanded for our selves and our Army, even by an solemn Oath, if so it shall be thought fit by the General Assembly, that we shall not be satisfied and lay down Arms, until Religion be secured in all his Majesties Dominions, according to the Covenant: Therfore out of the deep sense we have of the great danger that the further growth of these Divisions may bring to Religion, the Kings Majesty, and to these who doth sincerly wish the settling of Presbiterial Government in all his Majesties Dominions, We cannot but desire you seriously to weigh the sad Consequences may ensue, if, at this time there be not found amongst you, some who will endeavor to heal, and not to make wider the Breaches betwixt Church and State, to remember that no such effectual help can be yeilded at this time to that ___________ _______ as to have the hearts and consciences of the people preposessed with prejudices against the Resolutions of the Estates and their so pious and necessary Engagment. And for this cause, to the end these unhappy Differences may spread no further, we do intreat you would be pleased to appoint some of your Number, to meet with such as shall be appointed by us, for Composing these mis-understandings betwixt Church and State: And likewise for so cleering the Marches betwixt the Civil and Ecelesiastick Power in these Questions hath been Debated betwixt the Parliament and the Commissioners of the Gen. Assembly; as the Kirk may be freed of all scandals in medling with Civil Business, and the Estates from the scandals of Erastianism: And seeing our desires herein are only to remove all jealousies betwixt the Church and State, and to witness to the world our unfained intentions to do al that is in our powers for the most satisfaction of the Gen. Assembly, We do desire that ye would be pleased to forbear the emitting of any Declaration either to this Kingdom, or the Kingdom of England, relating to our present Engagement and proceedings, considering how unseasonable it may prove whilst our Army is in the Fields against the great obstructions of any Enemies to our Reformation, to do any thing may encourage and strengthen the hands and hearts of that __________ who doubtless will encourage themselves in their own wayes, the more they have ours disaproven by you: And as their unhappy differences and divisions have already so wrought upon the hollow hearts of some of our Countrymen, as to move them to rise in Arms against the Parliaments Forces, and of some to run and joyn themselves with these ______ _______ so much the more wil these ______ be strengthned and encouraged against us by their hearing of our Divisions: We do likewise desire, That before the Gen. Assembly proceed to any approbation of the actions of the Commissioners of the Gen. Assembly, That in these things that may relate to the present Engagement and to these Questions [that] hath been Debated betwixt the Parliament and them, we may be first hard. All these we desire for no other end, but that these untimely Differences and Rents now grown to so great a height as that they threaten the ruin both of Church and State, may by the blessing of God in the spirit of Meekness be cured and bound up, That neither Malignants on the one hand may have occasion to laugh at our Divisions, nor ______ on the other hand encouraged and strengthned against us: But that we (as formerly) may go on in one way, being all engaged in one Cause for one and the self-same Ends; And so may receive a blessing from the Lord of Peace and Order (which hates the instruments of Division and Confusion) upon all our endeavors, for advancing the blessed work of Reformation, and for bringing to an happy end all the Miseries and Confusions now, which these Lands bath been so long tossed and consumed with.

Sic subscrib.

A Ker.

The Committee of Estates do make this Return to the Paper of the Gen. Assembly, That they have just and material Exceptions against the proceedings of the Commissioners of the Gen. Assembly, besides any formerly made by Parliament or Committee of Estates.

Paper sent into the Assembly.

Whereas it hath been the constant Care and Endeavor of the Parliament and Committee of Estates, To use all means for removing and setling the Differences betwixt the Church and the State; and in pursuance of that good way, The Committee did yesterday give in some new Desires and Offers to the Gen. Assembly, That some might be appointed to meet and confer with such as should be appointed by the Committee therupon: But since instead of imbracing and laying hold of this opportunity of composing Differences, The Gen. Assembly doth proceed toward an approbation of the proceedings of the Commissioners of the Assembly, wherby we conceive all hopes of making up the Breaches will be removed, and the prejudices will be great that will thereby ensue to this cause and Kingdom; For preventing whereof, we hold our selves obliged again, to desire you, as you tender the furtherance of the work of Reformation, the Good, Peace, and union of the Kingdoms, and the composing of all Differences and Jealousies, that you would apply your selves to these our Desires, and appoint some of your Number to confer with us therupon for the Exceptions we have against the proceedings of the Commissioners of the Gen. Assembly: We have confidence a Conference may preveen the same, and are more willing not to give them in at all, or at least only to give them in to those you shall appoint to confer with us, that if it be possible Differences may yet be removed, then that we be necessitate to appear in publick amongst them: And that this and our former Paper may remain as a testimony of our Desires for Unitie and Peace, we desire that they may be Recorded in the Books of the General Assembly.

Subscrib.A. Ker.

The Committee of Estates understanding that the Gen. Assembly is to proceed to the examination of the proceedings of the Commissioners of the late Gen. Assembly in order to an approbation before they agree to a Conference; and the Committee being to give in their just exceptions against the proceedings of the said Commissioners, do desire the Gen. Assembly to allow some few dayes delay to the Committee to prepare their Exceptions before the Assembly proceed in the Business.

Subscrib.A. Ker.

The Committee of Estates finding it impossible in so short a time to prepare their Objections against such of the proceedings of the Commissioners of the General Assembly, as relates to their Engagement: and yet being most willing to essay all fair means for procuring an happy Understanding betwixt Kirk and State, are content to appoint some of their Number to meet with such as shall be appointed by the General Assembly for Composing of Differences betwixt the Church and State, without prejudice to them to use all their just Objections against the proceedings of the Commissioners of the late General Assembly, if the Conference shall not produce these happy Effects they earnestly wish.

Subscrib.A. Ker.

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The Generall Assembly having considered the report of the Committee appointed for revising the Proceedings of the Commission of the preceding Assembly; and having also heard the doubts and objections of diverse Brethren, against their Acts and resolutions after-mentioned, after due examination, long and much debate and mature deliberation, The Assembly findes the zeal, diligence, wisdom, and faithfulnesse of the said Commissioners in the discharge of the trust committed unto them, very great, and in the manifold difficulties of this last years great and dangerous occasions, their watchfulnesse and labours to have been very singular and more then ordinary: And therefore do approve their Acts and Proceedings, especially their sense of the Western Remonstrance, Perth Novemb. 28, their Answer to the Parliaments QuÆre, anent the more generall calling forth of the People, Perth Decemb. 13, their Solemn Warning, Perth Jan. 6, their Answer to the Letter of the Ministers of the Presbyterie of Stirling, Perth Jan. 6, their Answers to the Letters from other Brethren and Presbyteries in relation to Publick Resolutions; their Answer to his Majesty, and Committee of Estates Letter anent the Protestation of the Ministers of Stirling, Perth March 18; their Act concerning the opposers of Publick Resolutions, and Letter to Presbyteries thereupon; their Answer to the QuÆre anent the Acts of Classes. And in these and the rest of their proceedings, do judge them to deserve high commendation. Onely the Assembly having considered their Act and Declaration of August 13, 1650, at the West Kirk, finding that some have already made ill use of the same: And to the end that it may not hereafter be to any a ground of unwarrantable proceeding in reference to the Kings Majesty, or any of his Successors, Declare, that the said Act and Declaration shall not in any time coming be interpreted to have any other meaning, then that the Kings Interest is not to be owned but in subordination to God, the Kirk being ever willing, as their duty is, to own and maintain in their station, his Majesties Interest in that subordination, according to the Covenants. And the Assembly Ordains Master Robert Bailzie Moderator pro tempore, to return to their said Brethren hearty thanks in the name of the Assembly, for their great pains, travell, and fidelitie.

Sic subscribitur,A. Ker.

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The Generall Assembly considering that all persons who protest against, and decline the authority of the General Assembly, are censurable by the Acts and Constitutions of this Kirk, with the highest censures thereof, and that by the Act of the solemne General Assembly of Glasgow, 20 Decemb. 1638, Sess. 26, Presbyteries and Provincials are ordained to cite and censure all such as would not acknowledge the said Assembly. And the Assembly being very sensible of the prejudice this Kirk may suffer in her Liberties and Priviledges, by the beginnings of such practices (if they be not timeously prevented and restrained.) Therefore according to the practice and example of the said Assembly, They ordain Presbyteries and Provinciall Assemblies, to call before them all persons that do not acknowledge this present Assembly, and to censure them according to the degree of their contempt and obstinacie to the Acts of this Kirk: And the Assembly having also considered that by the afore-mentioned Act of the Assembly of Glasgow; and another Act of the said Assembly, Decemb. 18, Sess. 24, Presbyteries are ordained to proceed against these that do not acquiesce to the Acts of the said Assembly, and that refuse themselves, or draw others from the obedience of the Act of the General Assembly, in manner mentioned in the said Act. Therefore do ratifie and approve the said Acts, and declare, that they are to be extended against Ministers censured by this Assembly, and all those that oppose the Publick Resolutions thereof. Ordaining also Presbyteries and Provincial Assemblies, To call before them all persons that shall not acquiesce to the Acts and Constitutions of this present Assembly, and to deal with them by conference for their satisfaction. And if in their conference with them they shall still oppose the Acts and Conclusions of this Assembly, That they censure them according to the degree of their offence and obstinacie to the Acts of this Assembly. And where Presbyteries are negligent or wanting herein, the Assembly appoints the Commission appointed for Publick Affairs, to proceed against the said offenders respective, and to censure them in manner above specified, giving unto them full power for that effect.

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The General Assembly understanding the scandall and prejudice of practices and carriage of some Expectants and students, attenders of families, for performance of religious duties by their private or publick opposing Publick Resolutions: For removing whereof, they do extend the Act of the Assembly 1640, Sess. 10, against expectants, refusing to subscribe the Covenant and the censure therein specified, against all expectants, students in Divinity, and attenders upon families for religious duties, that shal not acknowledge the General Assemblies of this Kirk, and this present General Assembly, and that shal not acquiesce to the Acts and Constitutions thereof; and do ordain them to be removed from Bursaries, and to be discharged from publick preaching and catechising in Congregations and families, and from all other privileges and liberties allowed to expectants; appointing Presbyteries and Provincials to proceed against them accordingly.

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The Comissione of the Generall Assemblie, in their answer to the Letter of the Presbytrie of Stirline, from Pearth, Jan. 6, 1651, plead—“That it is not only lawful but a necessar duety, to raise these men in airms, pag. 7; That they must be called and allowed to rise in airms for their own defence, and for the defence of the country, pag. 11; That we may warrantablie associate with them, pag. 11, 12; That it is not against the solemne ingadgment to deuties; that being but a humane law and Resolutione, which must yeeld to this case that is warranted by the law of nature, pag. 13, 14; That it gives no incouradgment to sectaries, pag. 16, 17; That there is no cause to be affrayed of God’s indignatione upon the account of imploying such, p. 17; That, what ever be the event, there will be more peace and comfort to us by making use of such means, than any furder calamity should come upon the land, they not being made use of, p. 18; That it were a tempting of God and transgressing against warrantable Christian prudence, not to make use of them in the case wherein we then stood, p. 6; That the danger of making use of such is not certain and inevitable: That it is not so apparent and great, page 18; That y? scandall is not given but taken, p. 16.” The same things are repeated in the Solemne Warning to all the Members of this Kirk. Pearth, Jan. 11, 1651.

That these things doe inferr and contradict the things cited before these resolutions, I think, is manifest and obvious:—what the one makes sin the other makes duety. And then the writer goes on to contrast the documents and point out their inconsistency.—[Page 75.]

The Comissione, in their warning at Pearth, Jann. 7, 1651, and in their Remonstrance at Pearth, Jann. 25, 1651, doe clearly insimulate them of complying with the adversaries. In the 4 pag. of the Warning, they give this advertishment: “We exhort, and, as the servants and messengers of Jesus Christ, doe, in his name, charge the Kirk and people of God in this kingdome, to avoid all sorts of complying with the enemy, whither by speaking favourablie of them and their wayes, or speaking disrespectively of the publick just and necessary Resolutions and proceedings of Kirk and State, for opposing their wicked design.”

Now these Resolutions are the same in questione, against which sundrie Presbytries had then begun to give testimony; and, in the 8 pag. of their Remonstrance, they give this advertishment to the King and Comitee of Estates:—“Yee would carefully take head that scrouple of conscience be not, by some, pretended unto unwillingnes of acting, for preservatione of the indangered cause and sinking kingdome, and taken on as a mask to cover the designe of underhand advancing the intrest of the Sectarian Army.”

In a Letter writen from Pearth, Jan. 16, 1651, they give this order concerning such:—“We doe hereby require and exhort you to take notice of them, of whatsoever place or statione, who doe obstruct, speak against, dissuade, privatly or publickly, from the present levy, or who, having a calling to speake for it, are silent therein, and to make report thereof at the nixt meeting of our Commissione at St Andrews, Jan. 21.”

Upon the 20 of March 1651, they did emitte a Warning at Pearth, to the Ministers and professors, of this kirk, in q?? they not only characteriz the opposers of these Resolutions as Malignants, by applying unto them the characters that were formerly given by this Kirk, whereby to know Malignants, but also (beside insinuations made to the Civill Magistrate, concerning civill censures to be inflicted upon them, as appears from the 2 and 5 pages of their Warning,) they doe inhibit all speaking, preaching, writing against these Resolutions, and stirr up Presbytries to censure all such in their bounds as so doe, and that by vertue of former Acts of Assemblies against Malignants, for clearing of which I shall set down a pairt of this warning:—

“Let faithful1 ministers, as messengers of the Lord, stir up others, both publickly, by free preaching, and privately, by admonishing every one of his duety, as there shall be occasione, considering that silence in the publick cause, especially in publick persons not labouring to cure the dissaffectione of people, not urging them to constance and patience in bearing of publick burdens, nor too forwardness in the publick cause, that, speaking ambigously, inclining to justify the wicked cause, uttering words which savor of dissaffectione, complaining of the times, in such a way as may steall the hearts of people from liking good instruments in this work, and, consequently, from Gods cause; yea, that some read publick orders, and speaks against them in private conference, are reckoned up among the corruptions and enormities of ministers in their callings by the Gen: Assem: 1646, Sess: 10; and because the Commissione of the Gen: Assemb: in their Remonst: to the Comitee of Estates, July 6, 1643, teaching all true patriots and professors of religione, that they may learn to discern and know the Enemies of the Kirk, among other marks of Malignants, give this, their offering to Presbytries, in all the quarters of the land, peapers contrair to the Declaration of the Comissioners of the Gen: Assem: The Gen: Assem: 1645, in their seasonable Warning, 12 Feber: gave these characters of secret malignants and dis-covenanters, their slighting and censuring of the publick Resolutiones of this Kirk and State; their labouring to raise jealousees and divisiones to retard the executione of what is ordained by the publick judicatories; their slandering these whom God hes used as his chief instruments in his work; their drawing of factiones for weakning of the common unione; their endeavours, solicitationes, and informations, tending to weaken the hearts and hands of others, and to make them withhold their assistance from this work, enjoyning such to be weel marked, timeously discovered, and cairfully avoided, least they infuse their counsels in the minds of others; wherein they require ministers to be faithfull, and Presbytries to be vigilant and impartiall, as they will answer the contrair to God and to the Gen: Assemb: or their Comissioners. The Gen: Assemb: 1646, Sess: 10, ordains, that, besid all other scandals, silence, and ambigous speaking in the publick, much more detracting and disaffected speeches be censured seasonablie. The Gen: Assemb: 1647, Sess: 27, doeth, in the name of God, inhibite the spreading and dispersing of erroneous books or peapers, pamphlets, lybells, and letters, requiring all ministers to warn their flocks against such books in generall, and particular against such as are most plausible, insinuating, and dangerous; and ordains Presbytries and Synods to try and process such as shall transgress, recomending to Civill Magistrate, that they may be pleased to be assisting to ministers and Presbytries in the executione of this Act, and to concurr with their authority to that effect. Therefore, for executione of the foresaid Acts of the Assem: and preventing the eminent danger of Religione, the people of God, and the kingdome, by practices leading to encourage the hearts and strengthen the hands of enemies in prosecuting their wicked purposes, to make faint the hearts and enfeeble the hands of Gods people, and to seduce their minds with divisive and separating counsels and principles, according to the power and trust committed to us, and according to the practise of former Comissiones of the Gen: Assemb: we doe, in the name of God, inhibite and discharge all ministers to preach, and all ministers and professors to detract, speake, or write against the late publick Resolutiones and peapers of the Comissione of the Gen: Assem: in order to the calling furth of the people for necessary defence of the cause and kingdome against the unjust invasione of these enemies to the cause of God and to y? goverment of this Kirk and kingdome, or to spread letters or any other peapers against the same, or in any other way to obstruct the service tending to the preservatione and defence of religione, King, and kingdome: Requiring ministers to warne their flocks of these peapers in generall, and particularly such as are most plausible, insinuating, and dangerous. And we doe seriously recomend to Presbytries, that, with all vigillancy, they take speciall notice and tryall of such persons within their bounds, whither such as have their statione there, or such as, in the troublesome time, have their present residence, ministers or others, and impartially proceed against them, as they will be ansurable.”

At the same time they did write a particular order to Presbytries for censuring of such, of q?? I shall here set down the true copy:—

“Reverend and weel beloved brethren: Finding that, notwithstanding of our faithfull Warning and great pains taken to satisfie all men, to concurr, in their places, for furthering of the leavys for defence of Religione, King, and Kingdoms, and all other our dearest intrests, many are so farr from concurring, that they doe very vehemently goe about, by preaching, writing, and perswadding to the contrairy to obstruct the work; we doe, therefore, require that you carefully inquire, in your presbytries, what ministers doe preach or otherwise persuade contrary to our present publick and published Resolutions, and that yee proceed to censure such as are of your own number; and if any ministers that travel amongst you transgress in that kind, let them not be permitted to preach in your bounds.”

By these traveling ministers are meant some of the gracious ministers of Ireland, who were driven from their stations and forced to retire to this land, and some other faithfull ministers among ourselves, who were also necessitated to retire from their charges at that time, and were preaching to vaccant congregations, some in the West and some in Fyfe.

Upon the ______ of May 1651, they made ane Act, q?? they sent with a Letter to Presbytries, appointing such ministers, as did oppose y? Publick Resolutions, to be cited to the nixt Gen: Assemb: at St Andrews. [Note by Wodrow.—“The copy q?of I shall set doun but it’s blank in y? autograph.”]

These Warnings, and Letters, and Acts, though stumbled at by many, yet were received and intertained by such Synods and Presbytries, as were of the Commission’s judgment, with respect and affectione: and, by order from them, the Warnings were read publickly in the Kirks, and y? Acts were put upon record in their registers, and dilligence was used thereupon, unto the censuring of some, and threatning of sundry w? censures, and citing of many to the Gen: Assemb:

The pretended Assem: at Dundee, treading the same paths after the ratificatione of all these proceedings, did proceed unto the censuring of some of these who protested against their meeting and the ratifying of these Resolutions, and emitted a publick declaratione and made publick acts against all of their judgment and way in these particulars. The Declaration is a litle book by itself, fraughted all alongst with hard representations against such, that the reader may judge ex unque Leonem. I shall only set down the preface y? is therein used to usher in that purpose:—

“But, would to God we had this evill only within ourselves to fight with as in former times, and that Satan, having turned himself into ane angel of light, had not so farr abused the zeal and wit of some, and simplicity of others, as to open the gape of such a rent, q??, of all other tryalls, is like to have the saddest consequences, if God prevent it not, concerning which we are necessitate to say, whatsoever have been the intentions of these who have been instrumentall in making of this rent from publick counsels and actings; yet the work itself, and the spirit that hath stirred in it, hath been and yet is most effectuall for carrying one of the enemies designe.” The Acts which they made for censuring of their opposers were these q?? follow:—449

[Page 80.]

What these Acts include and how far they reach, is shown in a treatise of observations upon them already printed. It is, in a word, all the Ministers, Elders, Expectants in the Church of Scotland, who doe not acknowledge that Assemb: or oppose the Resolutions thereof, or doe not acquiesce to the Acts and Constitutione thereof, are to be laid aside, discharged, silenced, suspended, or deposed; yea, all the Ministers, Elders, Expectants, or Professors in the Church of Scotl: who doe not acknowledge that Assemb: or who doe oppose y? Resolutions thereof, or doe not acquiesce to the Acts and Constitutions thereof, are made lyable to excomunicatione, if, after conference, they doe not receive satisfactione.

As if it had not been enough to deal thus with them at home, y? Commissioners of this pretended Assem: in their informatione to their Brethren in Ingland, from their meeting at Forfar, August 12, 1651, doe represent them thus:—

“Yet in these last and perrilous times, wherein the Spirit of Error is wise to palliate his lyes with the pretence of piety, there are among ourselves a few unsatisfied, of whom some have been held in high esteem, before this time for their works sake, and with whom we have dealt with all tendernes, in the spirit of meeknes, for their reclaiming; who, to the great advantage of the common adversary, and to the weakning the hands that were at the work, have opposed these just and necessary Resolutions, and actively obstructed the use of the lawfull and only likely means left of oppositione to the prevailing enemy, seting on foot a State separatione, which necessarly tends to a Kirk separatione; wee need not warn you, dear brethren, who are acquainted with the policies and practises of these, that, among yourselves, under the specious name of the Godly Pairty, have carried on a devilish design of undoing Kirk and State, and setting up a boundles toleration and arbitrary Goverment, to beware of misinformatione from such men to take impressione upon you. Their actiones at home, to sail every wind, and to roll every stone for their own advantage and prejudice of y? publick, induceth us to beleive that they have not been idle towards you, but active by their emissaries and peapers, to abuse you with misreports, and to preposses you with prejudices aganist our proceedings; but we are confident that yee who have had so great proof of the faithfullnes of the Judicatories of this Kirk in guarding warrily against enemies one both hands, as weel Malignants as Sectaries, have not suffered yourselves to beleive evill of your brethren; and we doe earnestly beseach you to beware, that the trust q?? any have had from us. and the estimatione they had among you while they were about the discharge of that trust, be not inductive of your being now deceived by them whose principles and practises, whatever their intentions be, tend to the giving up of you and us unto the power of the avowed enemies of Christ’s Kingdome.”

---

12 Jarij: Sunday. This day Leiuetenant Generall Midiltone was relaxed from his excommunicatione, and did his penance in sackclothe in Dundie churche; and Collonell Archbald Straquhan was excommunicat and deliuered to the Deiuell, in the churche of Perth, by Mr Alexander Rollocke, the same day.

One Tursday, the 20 of Febrij, 1651, his Maiestie and Comittee of Estaits, by ther acte, ordaind Mr James Guthrie, minister at Stirling, and his coleauge, Bennett, quho had excussed ther not compirance the day befor, being wrettin for to come to Perthe, and ther to remaine confynned from returning to Stirling, wntill his Maiesties returne thither from the northe; his Maiestie being no souner gone upone Fryday, bot they come to Perth and dealls with the Comittee ther, that they may returne back againe to Stirling. To gratifie them, the Chanceler calls a committee of his auen stampe one Saterday, thinking to carrey by woyces, since, as he thought, maney of the barrons and burrowes, committe men, wer gone offe the toune. Bot they being adwertissed of the bussines, and considering the importance of the same, most of them stayed. After muche debait, wither or no thesse tuo ministers should stay in Perthe, conforme to the former acte, wntill his Maiesties returne backe, ore goe back to Stirling? The Earle of Cassiles said, quhat if his Ma??? did neuer returne, was it ressone that they should stay from ther charge? Maney honest men of the committee wer offendit with this expressione of Cassiles, and the Chancelers too forwardnes; bot at last it went to a wotte, and was carried, that conforme to the former ordinance, Mr Guthrie and Bennett should stay confynned in Perth, and not goe backe to Stirling wntill his Maiesties returne from the northe. Guthrie, a pryme enimey to monarchie, a cheiffe plotter of all the westerne remonstrance, diuisione and mischeiffe, and a maine preacher for the sectaries.

Quheras the Kinges Maiestie and your Lordschips haue beine pleased, wpon a narratiue relating to our doctrine and ministeriall dewties, to desyre and requyre ws to repaire to this place, aganist the 19 day of this instant; that after heiring of ourselues, suche coursse may be takin as shall be found most necessarey for the safety of that place quherin wee serue in the ministrie: Therfor conceauing the judicatories of the churche to be the onlie proper judges of our doctrine and our cariages in thosse thinges that concerns our ministeriall calling; and wee doe for the respecte wee [haue] to his Maiestie and your (Lo:) authority, compeir at this tyme, being desyrous to heir quhat is to be said wnto ws, and redey to anssuer therwnto; so wee humblie protest, that our compirance is with preseruatione of the liberties and praeuilidges of the Churche of Scotland, and of the ministers and seruants of Jesus Christ, in thesse thinges that doe relait to ther doctrine and the dewties of their ministeriall function. And that tho wee be most willing to rander ane ressone of our wretting to the Commissione of the Generall Assemblie, a letter, containing the groundes of our stumbling at the present resolutions of this kirke and stait, in order to a leuie, and of our preaching aganist thesse resolutions, as involuing ane coniunctione with the malignant partie in the land, wiche wee hold to be contrair to the word of God, to the leauge and couenant, to our soleme ingagements, and to the constant tenor of the declarations, remonstrances, warninges, causses of humiliation, and vther resolutions of the kirke thosse zeires past; and to be destructiue to the couenant and caus of God, and scandalous and offensiue to the godlie, and a heighe prowoking the eiyes of [the] Lords glorie. And of our protestinng aganist ane appeallinge from the desyre and chairge of the Commissione of the Generall Assembly in this particular, and in our persisting in preaching the same doctrine. Zet that our compeiring befor the Kinges Maietie and your (Lo:) doeth not import ane acknowledgment in ws, that his Maiestie and your (Lo:) are the proper iudges of thosse thinges; and this protestatione wee make, not for aney disrespectes to the Kinges Maiestie and your (Lo:) authoritie, not to declyne or disobey the same in aney thing ciuil, bot from the tender regaird wich wee haue to the libertie and prÆuilidges of the church of Jesus Christ, wiche his Maiestie and your (Lo:) and wee are in a soleme way bound to manteine inwiolable. Wee acknouledge that the Kings Maiestie and your (Lo:) are the laufull authoritey of the land, to quhome wee shall be most willinge and redey to giue obedience in all wich wee shall be commandit, according to the will of God; or if in aney thinges your commands shall fall out to be contraire to that reule, wee shall patiently, in the Lords strenthe, submitt ourselue to aney ciuill censure that ze shall thinke fitt to inflicte vpone ws.

Sic subscribitur,
Mr James Guthrie,
Mr Dauid Bennett.

[13 March.]—The appeall giuen into the Com: of the Generall Assembley be Mr James Guthrie and Mr Dauid Bennett, with ane letter from the Committee of Estaits to the said Mr James and Dauid, of the 14 of Februarij, with ane other letter lykwayes to them of the 19 of Februarij; togither with the said Mr James and Dauid, ther tuo anssuers and protestations therto, bothe of the 22 of Febrij: in seuerall papers, read in parliament, and giuen vpe to Mr Thomas Hendersone.

Monday, 17 Martij. 4 dies parliam: Rege presente.—Remittes to the Committee for the Conference to conferre with the Commissioners of the Generall Assembley, anent the othe to be takin by all the officers of the armey.

Wedinsday, 19 Martij. 6 dies parlia: Rege presente.—Petitione from the Com: of the Generall Assembley to the King and estaits of parliament, read.

The Kings Maiestie and parliament, after weinng of the quere after speit, viz. wither or not it be sinfull and vnlawfull, for the more effectuall prosecutione of the publick resolutions for the defens of the causse, King and kingdome, to admitt such persons to be members of the Comittee of Estaits, quho are nou debarred from publick trust; they being suche as haue satisfied the kirke for the offences for wiche they were excludit, and are since admitted to enter in couenant with ws? This quere ordred to be sent to the Commissioners of the Generall Assembley, wiche accordingly was done by the Earle of Eglintone.

The eminent danger of religion, Kinge and kingdome, by the vniust invasione of the blasphemous sectariean armey, the sade conditione of our countreymen in the southe pairts of the kingdome, groning wnder the griuous oppression of strangers, deuoringe ther substance and enslauing ther persons; the sade silence in maney congregations, quhosse teachers are driuin into corners by the violence of the enimies, contemners of Gods ordinances, and mockers of his messingers; the adwersaries roring and making a strange noisse in the midest of some congregations; the ineuitable hazard of our deir brethreen to be seduced into pernitious heresies and errors, by the decetfull practisses and speaches of sectaries, that ar coming to deceaue and speake lies in hypocrasie; the innocent blood of our brethreen, murthered by the suord of a merceyles enimey; the sighing of the prissoners, inhumanlie and creuelly wssed by thosse quho keepe them prissoners; the caire of preseruing our posteritie from being sunke wnder the darke dungeon of error, and fast bound with the heauey chaines of bassest slauerey, do cray so loud in the eares of all quho haue eares to heire, and a heart to wnderstand, to be awake and quickned wnto the necessarie deutie of the tyme; that it is ane wounder that aney Ionah should be found fast asleep in so grate a storme, wherin this kirk and kingdome are lyke to be ouerquhelmed: zet the constancie of our deutie, accordinge to the trust committed to ws, and the carriage of some, quho, opprest with a lethargie, lye still, or seassed vpone by a benuming coldnes, moue slowlie; or caried aboute with the vind of strange doctrine, as children are tossed to and fro, and moue contrairlie; constraine ws to lift vpe our voyces, and from the watch touer quherone wee are sett, to giue varning to the professors and ministers of the gospell througheout the land, and to waken them vpe to ther deutey, as they wold awoyd the displeasure of the Almightie, and escape the deserued punishments and censures, wich may be inflicted by judicatories, ciuile and eeclesiasticke, respectiue, vpone deficiences in, and delinquents aganist deutie, according to the degree of ther offence. We exhorte all men vnto repentance, to returne from the eiuell of ther thoughtes and wayes, and to mourne after the Lord; coming to him through the Mediator of the new testament, by quhom wee haue ane attoinment through faith in his blood. It is more then heighe tyme for all to be humbled wnder the mightie hand of God, quho hath cast ws doune, and is able to raisse ws vpe againe, quho hath woundit, and is able to bind vpe our wounds. To this effecte, wee haue appoynted a soleme day of fast and humiliatione, for the causses sent to the seuerall presbeteries.

It is the deutie of the members of this kirke, and subiectes of this kingdome, at this tyme, most cheirfully, wnanimously, and spedily to come out, and concurre in the comon defence of religion, King and kingdome; endangered by the wniust invasion of forraners, according to call and command of authoritie. Let it be seriously layed to harte, how muche blood is spilt; how maney tounes and shyres are spoyled; how miserablie our brethreen are distressed and oppressed; how muche the comon enimey is strenthned, quhill you be only preparing for releiffe; quhatsoeuer is done to the least of them for this causse, is to be takin as done to ws all in generall, and eurey one of ws in particular, according to the expresse word of the nationall couenant; and in pleine tearmes, wee are oblidged by the soleme leauge and couenant, to assist (wich necessarly imports concurrence) and defend all that enter the leauge and couenant, in the manteining therof. Wee obtest and exhorte you, for the intrest wee haue in the comone adwenture of thesse riche goodis, our liues, our liberties, our King, our religion, wich are all embarked in one bottome, that ze abandon not the schipe of the comonwelthe in this tempest; for if the schipe perishe, quhat can be saiffe that is within. If you tender true religion, you see how the sectaries shew themselues plaine enimies therto, and manteine that impious monster of tolleration, thoughe religion wer not the question. Let loyalty to your King, the onlie King in the world quho is in a religious couenant with God and his people, animat you aganist thesse quho are his enimies, becausse he is a King, and becaus couenanted. Cast not offe the caire you ought to haue of your countrie, wich you see manifestly and violently ruined befor your eyes. If thesse will not moue you, (wee speike the language of our worthey reformers, in the lyke caisse of invasione by forraners) remember your wyffes, children and posteritie, your antient heritages and housses; and be sure thesse strangers will not regaird your rights, quheneuer occasione shall serue. And if ye purpois (as wee doutt not bot all thesse quho haue ather witt or manhood will declare, and proue indeid) to brooke your ancient roomes and heritages, defendit valiantly by your courageous progenitors aganist all strangers, inwaders of the same, (suche as the sectaries are this day); if you will not be slaues to them, and haue your lyues, your wyffes, your children, your substance, and quhatsomeuer is deare wnto you cast at ther feette, to be wssed and abussed at the pleasure of strange shouldiers; if ze will not haue experience some day in your auen persons, (as wee suppose the least of you wold not gladlie haue, but wold rather chusse with honor to die in defence of his auen natiue roume, then liue and serue so shamefull a seruitude); then, brethreen, ioyne with the forces of the kingdome, and both with witt and manhood opposse the comon enimey, or els our libertie shall be heirafter deirer bought. Lett non be so vnhappie and mischiwous, and so withdraw himselue heirfrom.

Except men will blot out of ther heartes the loue of religion, cast offe loyalty to soueraine authority; and lay assyde all caire of ther countrey, lawes, liberties and estaits, zea, all naturall affection to the preseruatione of quhatsomeuer is deirest to them wnder the sune, (all being in a visible danger of ruine and destruction) they must now or neuer appeire actiuely, eache one streaching himselue to the wttermost of his power. It is no tyme now to delay nor goe about the bussines by halffes, nor be almost but altogider zealous. The Scripture prononceth him accursed, that doeth the work of the Lord negligently, that cometh not forth to the helpe of the Lord aganist the mightie. If wee haue beine forward to assist our nighbour kingdomes, shall wee neglecte to defend our owen? or shall the enimey of God be more actiue aganist his causse, then his couenanted people for it; God forbid! If the worke shall now miscarey and faill in our handes, throughe our wnfaithfullnes, our auen consciences shall condeme ws, and posterity shall cursse us. Who knowes, bot if wee stand stoutly and steadfastly to it, the Lord may zet command our deliuerance, and shew ws his saluation.

Lett all sortes, both of heighe and low degree, in this kingdome, call to mynde ther soleme couenants; and namlie, that artickell of our national couenant, wich oblidgethe ws not to stay or hinder aney such resolution as by comon consent shall be found to conduce for the endes of the couenant, bot by all meins to further and promoue the same; wich layeth as a bond vpone peoples consciences, reddely to obey suche orders as by the publicke resolutione of the parliament, and Commissione of the Generall Assembley, are found necessarey for the prosecutione of the warr; and that artickell of the soleme leauge and couenant, wich oblidgethe ws not to suffer ourselues, directly nor indirectly, by quhatsomeuer combination, persuasione, or terror, to be dewydit and withdrawin from this blissed wnion and coniunction, or to make defectione to the contrarey pairt, or to giue ourselues ouer to a detestable neutrality in the causse; according to wich artickell, mens reality and integrity in the couenant will be manifest and demonstrable, als weill by ther omissions as commissions: by ther not doing good, as by ther doing euill. He that is not with ws, is aganist ws, and he that gathreth not with ws, scattereth. Since euerey mans not adwenturing his persone, not sending out thesse that are wnder his power, according to publicke order and appoyntment, and not paying the contribution imposed for mantinence of the armey, haue beine formely esteimed a ground of judgeing men enimies, malignants, and couenant breakers, wee vishe it may be the caire of all to shune the wayes that may bring them wnder thesse foull charecters, and quherby they may rune themselues wnder the hazard of the displeasure of God, and censures of the kirke, and no doubt of ciuil punishment also to be inflicted by the stait.

Lett ministers, an the messingers of the Lord, sture vpe others, both publickly, by free and faithfull preaching, and priuatly, by admonishing eurey one of his deutey, as ther shall be occasione, considringe, that silence in the publicke causse, especially in publicke fastis not laboring to cure the dissaffectione of people; not vrging them to constancie and patience in bearing of publick burdens, nor to forwardnes in the publicke causse; that speaking ambigouslie, inclyning to justifie the wicked causse, wtring wordes wiche sauor of disaffection, complaining of the tymes in suche a way as may steall the heartis of people from being good instruments in this worke, and consequently from Gods causse; that some reiding publicke orders, and speckes aganist them in priuat conferences, are reckoned vpe amongest the enormities and corruptiones of ministers in ther callings. By the Generall Assembley, 1646, sess: 4.

And becausse the Commissione of the Generall Assembley, in ther remonstrance to the Conuention of Estaites, 6 Julij, 1643, teaching all trew patriotts and professors of the reformed religion, that they may learne to know and descerne the enimies of the kirke, amongest other markes of malignancey giue this ther offring to presbeteries, in all the quarters of the kingdome, papers contrarey to the declarations of the Commissioners of the Generall Assembley. The Generall Assembley, 1645, in ther seasonable warning, 12 Februarij, gaue thesse characters of secrett malignants and discouenanters, ther slighting or censuring of the publicke resolutions of this kirke and stait; ther laboring to raisse jelosies, diuisions, to retarde or hinder the executione of quhat is ordained by the publicke judicatories; ther censuring and slighting of thesse quhom God hath wsed as his cheiffe instruments in this worke; ther drawing of parties and factions for weakning of the comon vnion; ther endeworing informations and sollicitations, tending to weakin the hartis and handes off others, and to make them withold ther assistance from this worke; enioyning such to be weill marked, tymly discovered, and cairfully awoyed, lest they infusse ther counsells into the mynds of others, quherin they requyre ministers to be faithfull, and presbeteries to be vigilant and impartiall, as they will anssuer the contrarey to God, and to the Generall Assembly, or ther Commissioners. The Generall Assembley, 1646, sessio 10, ordaines, that besydes all vther scandels, silence and ambiguous speaking in the publicke, muche more detracting and disaffected speiche, be seasonablie censured. The Generall Assembley 1647, sessio 27, doeth, in the name of God, inhibit the spreding and dispersing of erronious books or papers, pamphletts, lybills and letters, requyring all ministers to warne ther flockes aganist suche bookes in generall and particular; and particularly aganist suche as are most plausable, insinuatting and dangerous; and ordaines presbeteries and synodes to tray and processe suche as shall trangresse; recommending to ciuile magistrats, that they may be pleassed to be assisting to ministers and presbeteries in the execution of this acte, and to concurre with ther authority for that effecte.

Therfor, for execution of the forsaids actes of Assembley, and preuining the emminent danger of religion, the people of God, and the kingdome, by practisses leading to encourage the heartis and strenthen the handes of enimies, in prosecutting ther wicked practisses and purposes, to make fant the heartis and enfeeble the handes of Gods people, and to seduce ther myndis with diuisiue and seperating counsells and principalls, according to the power and trust committed to ws, and according to the practisses of former Commissions of the Generall Assembley: Wee doe, in the name of God, inhibit and discharge all ministers to preache, and all ministers and professors to detracte, speike or wreatt aganist the lait publicke resolutions and papers of the Commissione of the Generall Assembley, in order to the calling furth of the people for the necessarey defence of the causse and the kingdome aganist the uniust invasione of thosse enimies to the kingdome of God, and to the gouernment of this kirke and kingdome; ore to spred and disperse letters, informations, or aney other papers aganist the same; or in aney other way to obstructe that seruice, tending to the preseruation and defence of religione, King and kingdome: requyring ministers to warne ther flockes of thesse papers in generall, and particularly suche as are most plaussible, insinuating and dangerous; and wee doe seriously recommend to presbeteries, that with all vigilancey, they take special notice and trayell of such persons within ther bounds, wither suche as haue ther station ther, or suche as, in this troublesome tyme, haue ther present residence, ministers ore others, and impartially proceid aganist them, as they will be anssuerable; and to report ane accompt of ther diligence herin to this commissione, from tyme to tyme.

Thoughe our difficulties be maney and growing, zet quhen wee looke backe vpone the grate thinges wich God hath done for ws and for our predecessors, and our manifold deliuerances out of seuerall dangers and difficulties wich appeired insuperable, experience breides hope. Our fathers trusted in God; they trusted in him, and he did deliuer them; they crayed wnto him, and wer deliuered; they trusted in him, and wer not confounded. Let ws wait vpon him, quho hydeth himselue from the housse of Iacob; let ws cray wnto the Lord of Hostis, quho hathe deliuered ws, and doeth deliuer ws; and in him lett ws trust that he will zet deliuer ws; though for a small moment he hath forsaken ws, zet with grate mercies he will gather ws. He quho hath shewed ws grate and sore troubles, shall quicken ws againe, and shall bring ws upe again from the deipthes of the earthe; he shall encrease our strenthe, and comfort ws on eurey syde, aganist our feares one eaurey syde; onlie be stronge, be of good courage, be of one mynde, and according to the worke of the Lord, and the God of love and peace shall be with you.

Sic subscribitur,W. Ker.

[20 Martij.]—Ordred that it be putt one the Commissione of the Generall Assembley, that Stirling receaue no prÆiudice by Guthrie and Bennitt, ther preaching, or ther being ther.

[21 Martij.]—Ordred that a barrone and a burgesse goe with the Earle of Eglinton to the Commissione of the Kirke, and enquyre for ther anssuer to the quere proposed by the parl: to them.

[22 Martij.]—The Com: of Generall Assemblies anssuer to the parliaments quere, reed; being a delay of a full anssuer to the said quere, wntill ther be a more frequent meitting of the said commission; zet in ther paper, they desyre the King and parl: to admitt vpone ther counsells, all bot some few as haue beine pryme actors aganist the stait, &c.

Saterday, 29 Martij. 14 dies parl: Rege presente.—Ordred that my Lord Chanceler and my Lord Balcarras draw vpe a letter to be sent to the Commission of the Generall Assembley, that they wold haist ther meitting for remouing that obstikelle and scruple of taking in all remoued by the acts of classis; and that ther may be a generall vnity in the kingdome.

Perth, 18 Martij, 1651.

The Commissione of the Generall Assembley hauing receaued first from Mr James Guthrie and Mr Dauid Bennett, ministers at Stirling, and afterward from the Kings Maiestie and parliament, tuo protestations made by thesse brethren aganist the proceidinges of his Maiestie and the Committee of Estaits with them, in relatione to the securing of Stirling from aney danger wiche might ensew therinto, by the doctrine and carriage of the said brethren, contrair to the present publicke resolutions, in relation to acting for defence of the kingdome and causse against the publicke enimey; and being desyred by his Maiestie and parliament to giue ther adwisse and oppinione, wither the Committee of Estaits, in ther proceiding with ther brethren, hes done aney thing preiudiciall to the preuiledges and liberties of the kirke; to vindicat the publick resolutions of kirke and stait, in order to acting aganist the enemie, from the imputatione layed therone in the forsaid pretestations; to giue ther oppinione, wither the Committee of Estaits hes wronged ther brethren, contrair to the law of nature, the law of God, and the lawes of the land, by ordring them to remaine at Perth or Dundie, wntill his Maiesties returne from Aberdeine; that in a more full meitting of the committee it might be determined quhat should be done further with them, in relatione to the saftie of Stirling; and finally, to giue ther adwice quhat now shall be done further to the presenters of the forsaid protestations, for the securing of the garisons of Stirlinge. Therfor the commission, hauing takin to ther consideratione the forsaid protestations, and being informed of the proceidinges of the committee with the presenters therof, haue thought fitt, in obedience to the desyre of the King and parliament, and for the discharge of the trust comitted to them, to giue this declaratione and anssuers followeth:—

1. That they find it a thing lawfull for ministers, citted and compeiring befor the ciuile magistrate, vpone matters relatinge to ther doctrine and carriage in ther ministeriall dewties, to protest, that ther compirance be with preseruation, and without all preiudice of the liberties and preuelidges of the kirke and of the ministers of Christ, in thesse thinges that relate to the doctrine and deuties of ther ministeriall function; and that the forsaid brethren compiring, vpone matters of that kind, befor the committee, had no wayes faylled in doing so, had they contented themselues with a simple protestation to this purposse.

2. That they doe not find that the Kinges Ma??? and Committee of Estaits, in requyring the forsaid brethren to compeir befor them, or the Committee of Estaits, in ordaining them to stay at Perth or Dundie, wntill a fuller meitting of the committee, haue not trenched or incroched vpone the liberties or preuilidges of the kirke, or wronged the same in aney wayes; for, first, quheras, in the first protestatione, made vpone the King and committees requyring the brethren to compeir, and ther compirance, the ground of the protestation is layed doune to be, that they wer citted vpone a naratiue relating to ther doctrine and ministeriall dewties, and that the judicatories of the kirke are the only and competent judges of thesse thinges. These is so far from evidencing aney incrochment made by the King and committee vpon the preuilidges of the kirke, that one the contrarey, as thus layed doune, without aney qualificatione, it importeth a grate wronging of the iust right of the ciuill magistrat, as if it wer not proper to him in aney caisse to judge of thesse matters, which is contrair to the doctrine of the quhole Reformed Kirke in generall, and particularlie of this Kirke of Scotland; to witt, that the ciuill magistrat hes power and authoritie, and is oblidged, in his ciuill and coerciue way, to censure and punishe idolatrie, schisme, vnsound doctrine, ministers neglecte or perwersues in doing ther ministeriall deuties and functions: and if he may and ought to censure and punishe thesse thinges, may he not citte ministers to compeir befor him, vpone ane naratiue relating to thinges of that kynd, without encrotching or wronging the liberties and preuelidges of the kirke?

The Generall Assembley of this Kirke, in A? 1647, in ther approbatione of the 8 heades of the 3 propositions, (wich wer recommended to be examined by the theologicke faculties for a more particular approbatione of the assembley) holdeth furthe, that notwithstanding the ecclesiasticke gouerniment is intrusted and committed by Chryste to the Assemblies of the Kirke, &c. &c. zet the ciuill magistrat ought to suppresse, by corporall or ciuile punishment, suche, as by spreding errors or heresies, or by fomenting schisime, gratly dishoners God, dangerously hurte religion, and disturbe the peace of the kirke; and the same propositions proposed, holdethe furthe, that the orthodox kirkes beleiue, and doe willinglie acknouledge, that eurey lawfull magistrate, being appoynted the keper of bothe the tables of the law, may, and ought, cheifflie to take caire of Gods glorie, &c.; as lykwayes, to punnishe als weill atheists, blasphemers, heretickes, and schismaticks, as troublers of justice and ciuile peace; and propo: 63, the same sin, in the same man, may be punished one way by the ciuile magistrat, and ane vther way by the ecclesiasticke power; by the ciuile power, wnder the formalitie of a cryme, with corporall or pecuniall punishment; by the ecclesiasticke pouer, wnder the notion and nature of a scandall, with spiritual censure, euen as the same ciuill questione is one way handled by the magistrat in the senat, and ane other way by the ministrie in the presbeterie. See also the lait Confessione of Faith, in the head of the ciuile magistrat, and Didoclauius, in his Altare de primatu regio; and Mr Rutherfurd, in his dew right of presbeteries, is werey full and cleir; as page 287, A pouer external obiectiue about kirke matters, as to causse kirkmen doe ther dewtie, is proper to the magistrat; page 393, in his 3d conclusione, especially 394, The King is not only to punishe quhat is contrair to externall quietnesse, bot also quhat is contraire to supernaturall happinesse of the kirke; for he is to take vengance vpone blasphemers, idolators, profest vnbeleiuers, neglecte of religious administratione of sealls, and the eatting and drinking damnation at the Lords table; and page 397, The King, as a nursinge father, aught to see that the chyldes milke be good and quholsome, thoughe it come not out of his auen breist, so that it seimeth werey strange that the magistratts requyring thesse brethren to compeir vpone a narratiue relatinge to ther doctrine, &c.; and the alledgeance that the magistrat is no proper iudge in suche matters, should be made the ground of the protestation, as if the magistrat could in no wisse lawfully, as a judge, interposse himselue in matters of that kynd. If to all this the brethreen should say, that quhat they seike of being citted vpone a narratiue relatting to ther doctrine and ministeriall dewties, &c. and the King and committee as not being proper judges in thesse thinges, as the ground of ther protestatione, they meane it in a way antecedent to the kirkes judgeing. To this it is ansuered, that it is trew indeid that the magistrat ought not to judge ministers in the matters of ther doctrine and ministeriall dewties, by ane antecedent judgement; bot first, ther is not one sylable of this qualification wssed in all the first protestatione made vpone the citatione and compirance befor the committee. Secundo, the committee hes not proceided with them in a way antecedent to the kirke judicatorey, quich is the cheiffe thing to be obserued for cleering bothe the requisition and the committees ordinance for ther abyding in this toune or at Dundie from the imputatione of incrotching vpone the liberties and prÆuilidges of the Kirke; for quheras the Commission of the Generall Assembley hes not only giuen ther judgment in poynt of conscience concerning the coursse to be takin for acting aganist the publicke enimey oppressing the land by wniust violence, bot also finding that thesse brethreen wer preaching aganist that publicke resolutione, to the hindring and obstructing therof, and making a dangerous diuision in the kirke and kingdome; and being desyred by the last sessione of the parliament to take some coursse for preuenting the danger, by vssing diligence to satisfie the brethreen, and inducing them to concurre, at least not to hinder the publicke resolution. The commission had accordingly, at St Andrewes, takin paines for satisfing them; and not hauing obteined that, had judicially desyred the brethreen not to speike or doe aney thing to the hindering or obstructing acting according to the publick resolution; and quheras the brethreen had protested aganist that desyre of the commission, and appealled to the Generall Assembley; and the commission, according to the command of the parliament, had made knouen to the Committee of Estaits the quhole proceiding at St Andrewes: how can it be said that the committee hes takin aney antecedent judgement vpone them in this matter? or how can it be sayed that ther hes not preceidit ane antecedent judgement of the kirke, so far as is sufficient for the magistrat, in ane orderly way, to interposse his authority, that the brethreen may not, by ther preaching and doing contrair to the publicke resolution, make aney diuisione in the kirke and kingdome, or endanger the same, to the violence of the enimey? Tertio, lett it be considered, that the Kinges Maiestie being bound to follow, not only the judgement of the Generall Assembley in maters that concern religione, bot also of the commissione in the interwalls of the Assembleis; and now, quhill in prosecution of the aduice of the commissione, he and the estaits are follouing ane necessarie dewtie for preseruation of the kirke, kingdome, liberties, liues, and all that is deire wnto ws; and they find the commissions desyre to thosse brethreen aganist ther preaching, to the obstruction of the publicke bussines and resolutions, protested and appealled from, and a publicke profession made by the brethreen of ther purpois to continew still preaching, contrair to ther resolutions, to the slakining of the hands of the people of God in the land, and strenthining of the handes of the enimey; shall it be judged wnlawfull for the King and the estaits, or counted ane encrotching vpone the liberties and preuilidges of the kirke, to doe so much as requyre thosse brethreen to compeire befor them, or to ordaine them to abyde some tyme at distance from ther chairge, for restraining this euill, and preuenting so grate a danger as might ensew vpone it? Nay, certainlie wee cannot bot conceaue it rather ane adding of the magistrats auxiliatorie and cumulatiue power, for strenthning the kirke judicatorey. As to that, the brethreen sayes they haue not bein befor conveined befor aney ecclesiastick judicatorey, nor conwicted for breache of aney ecclesiastick acts; for the first, wee say, tho they wer not conveined by a summonds, a more tender respecte being hade towardes them, yet wer they delt with by a kirke judicatorey vpone the matter in hand.

And for the second, lett it be considered, if ther publicke acknouledgement of preaching against the publicke resolution of the commission, and protestation aganist the commissions desyre to absteine therfra, and professed resolutione to continew therin, to the dewyding of the people of God in this land, and obstructing the seruice for defence of the kingdome and causse, be not equivalent.

Tertio, The commission does find that the brethreen, in ther first protestation, renewed and owned againe, in the quhilke they make a profession of ther willingnes to render a resson for ther wretting to the commission, &c. a foull and most wniust aspertione to charge the commissione in going in a contrarietie to the word of God, to the soleme leauge and couenant, our wowes, engagements, declarations, fastinges, in a coursse destructiue to the couenant and causse of God, and prouoking of the eyes of the Lordes glorie.

2. The chairge is most wniust, for how shall it be made out that the resolutione of the commission involued a coniunctione with a malignant partey, wiche alledgeance is the fundatione of all the rest? Does not the resolutione of the commissione expressly except suche as continew obstinat enimies to the couenant and causse? that is, suche as continew in malignancey, or are aney quho haue beine one malignant coursses, admited to our knowledge, or with our approbatione, bot suche as giue satisfaction for ther offence; and how can or aught men, renuncing ther malignancey, satisfing for ther offence, giuing therby, according to the ordinances and reuells of the Generall Assembley, be still reput malignants? and how can a coniunction with them, after suche satisfactione, be counted a coniunction with malignants, or the malignant partie? Quhay should the Gen: Ass: prescriued reuells for receauing such as haue beine vpone malignant courses, if the purposse of the kirke was not to admitt them to repentance, and if to repentance, certainly to all the ordinances; and if to ordinances, quhat shadow of reason can ther be not to admitt them to fight for ther liues, religion, King and countrie? especially one of the particulars prescriued in receauing of them, be the renewing of the leauge and couenant, wich layeth vpon them to defend religion, &c. all persons that hes beine in a way of malignancey, will ather satisfie not. If they satisfie according to the acte of the Assembley, they must reneu the leauge and couenant, and be admitted to the ordinances; and so, by far grater resson, to fight in defence of the kingdome, &c. If they satisfie not, (as they will neuer be accounted to satisfie by the commissione, wnlesse they doe it according to the reuells of the assembley,) they are to be excommunicat, and so are excludid by the resolutione of the commission.

Tertio. This aspertione heire is cast vpone the commission vithout aney necessity; ther protestatione wold haue beine full and compleit aneuche, tho nothing of this had beine insert; for quheras the letter of the King and committee sent to the brethren, requyring them to compeire at Perth, makes relatione to ther wretting a letter to the commission contrair to the publicke resolution, and ther protesting against, and appealling from the commission at St Andrewes, (in order to wich relatione, the brethreen takes occasion to insert all this protestation,) that was not intendit as a matter they wer to be challenged vpone by the Committee of Estaits, bot only sett doune as a ground quhervpone the committee perceaued they wer resolued to continew in ther preaching aganist the publicke resolution; and that therfor the committee behoued to see to the securing of Stirling, from the danger wich might ensew vpone ther protestation; bot to cast ane aspertion vpone the commissione, in all papers that should flow from them, vpone the proceidinges of the kirke and estaits with them.

Quarto. That wee not being judges in ciuile matters, cannot determine wither the Committee of Estaits, in ther order of proceiding with the brethren, and ordaining them to abyde at Perth or Dundie, wntill a fuller meitting of the committee, hes wronged them in aney preuiledge dew to the subiects, by the law of nature ore the lawes of the land; and wee doubte not bot the Committee of Estaits will endeuore to cleire ther auen proceidinges.

Quinto. That nather is it competent to ws to giue ane adwysse quhat should be furder done by the King and committees in relation to ther forsaid brethreen, for securing of Stirling from the danger that may ensew vpone ther opposing the publicke resolutions; onlie wee expecte, and are confident, that his Maiestie and estaits, as they haue begune, so they will continew to deall with thesse brethreen with all tendernes, in sua far as may consist with the security of that place wherin they shall be, and preseruation of the causse and kingdome.

Sic subscribitur,A. Ker.

1 Maij.—The parliament that wes adiorned wntill the 17 of Apryle this zeire, wes adiorned againe wntill Wedinsday, the 21 of Maij.

In Apryle, this zeire, the Commiss: of the Generall Assembley mett at Falkland; they wrett letters to the Committees of Estait and for the Armey, that they wold now leaue the particulare intrests, and joyne cordially aganist the publicke enimey, and emitted a declaration for that purpois; and appoynted a meitting at Stirling, one Tuesday the 13 of Maij, to giue their oppinion anent the lawfulnes of the acte of classis, and if without sin it might be reschindit or not.

The 6 of Maij, ther was a grate meitting of the Committee of Estaits at Stirling, quherin the electing of the Earle of Calender to be Felte Marishall of the Armey, that had now ioyned himselue to the Campbells, wes waued and putt offe; and 2 Generall Maiors of Footte chosen, viz. Collonell Pitscottey, and Dalzell of Binns. At this meitting, lykwayes, it was ordained that the Committee of Estaits shoulde not medle with the adiorning of the parliament, wntill the 20th of Maij instant, at wich tyme ther was a frequent meitting of the said committee appoynted; and then the Commission of the Generall Assembley wold present ther oppinion anent the acte of classis....

Oliuer Cromwell, with his armey, being at this tyme in Glasgow, had a conference with 8 ministers, anent the lawfulnes of his engagement aganist this countrey and kingdome; he gaue them some papers, wich they anssuered ex tempore, and proued to his face his periurey and breache of couenant and leauge, and his sinfull rebellion and murther, contrair to [the] expresse word of God, and leauge and couenant suorne by himselue and most of his complices. He toke the morrow at 3 in the afternoone to his furder conference with them; and maney of his cheiffest officers did openly acknouledge, they were conuinced in reson, and neuer till now did see the weeknes of ther auen grounds. In place of keiping the appoynted meitting, (seing a fyre to begin to kindle amongest his auen) aboute midnight that same day, he commands all his armey presently to marche, wnder the paine of death, backe towardes Edinbrughe; and empties all his garisons be west Linlithgow; sends his horses towardes the Border, and with grate haist, with his footte, returns to Edinbrugh and Leith; and is now bussie in repairring the breaches of Edinbrughe castle.

Mr Robert Blair, his animadwersions one the remonstrance emitted by the vesterne forces, Octob: 1651.

Ther is no questione maney sade truthes ar layed doune in the remonstrance, vsse quherof wold be made, and remeid therof wold be sought in a right way; bot wnder the pretext therof to make a secessione from the publicke counsells and forces of the kingdome, and to gratifie the wicked inwader of the land, by laing opin the nakednesse of the reulers, exageratting eurey miscarriage or appeirance, as if they had bein hyred by our enimies to agent ther bussines, cannot be bot greiuous to the godlie, quho are not preocupied with preiudices; and this so much the more greiuous, that the cuning slight of some malcontents, weill acquanted with publicke consultations, hath intangled not a few gentlemen, werey worthey, whosse constancey in the causse of God is weill knowen. The continuers and penners of this peice, perceauing quhat strange and vnbeseiming language they wer wttering, saw it necessarey to take away maney obiections that lay in ther way; and that both in the entrey and closse therof, assining that successe had not altered ther mynd. That they iudge not themselues free of the causes of the prowoking calamities. That in vttering thesse thinges, they haue not beine led with the spirit of bitternes ore desyre to discouer the nakednes of wthers; and that they haue not the least deseinge to follow the foottsteps of the sectarian partie, they may weill say (I mein the continuers of the remonstrance) they had not the least dessinge; for in that essay they haue out-acted the sectaries. Thesse men did much in order to publicke good, befor they spake biglie; bot done nothing since, saue that they haue drawin away considerable forces, raissed at wast charges for the publicke defence. This speaketh nothing lesse then abandoning to carrie one ther deseinge in the last wordes of ther paper; and that ther discoursse may be the more taking, they put one the persons of thesse quho are speaking ther last wordes, being zet far eneuch from all danger. It is hard to aney man to judge with quhat heartes and intentions thesse things wer contriued. I speake not of the gentlemen and ministers quhom I durst absolue; bot of the proiecters and penners of this remonstrance. Bot lett ther auen spiritts judge, if the most reall and cordiall enimies our causse had, wold haue acted wtherwayes, to pour contempte one ws, and to heatin wndertakings against ws. Iff ze be all constant in the causse, quhat meinethe the loud bleatting queries sent to our aduersaries, ane odious cryme, audacious to priuat persons to correspond withe ane opin enimey, quho haue shed the blood of Gods people, and receaue anssuers to the same? Iff this concearne not them all, how is it that they quho are constant and faithfull, declaire not against suche quho haue falsified ther trust, and quheat ther tounge against King and committee, quhom they should obey in the Lord?

17 Julij.—Cromuell past ouer a grate pairt of his armey from Lothean to Fyffe one Thursday the 17 day of Julij, 1651, at the neucke below the Queinsferrey, and fortified himselue one the hill betuix the Ferrey and Innerkethen. He landit without aney oppositione at all in effecte.450

3d September.—K. Charles the Seconds armey wes routted and defaitt at Worchester, in England, one Wedinsday the 3d of September this zeire.

* * * *

Mercurius Scoticus, his diurnall to the 28 of Octob: hes in it this passage anent the laitt meitting of the remonstrant ministers at Edinbrughe, this same mounthe:—The meitting of the ministers at Edinbrugh is dissolued; ther was 66 of them in all. After they had made a kynd of auricular confession, eurey man for his auen sinns; some for idolizing the couenant too muche, others for complyance with the King, &c. ther pryde, ambitione, and other sins, they haue dissolued; and haue sent some of ther nomber to Glasgow, quher they intend a prouinciall meitting, in a judiciall way, and will emitt some declaration or warning. They are werey muche troubled they cannot haue that power in ciuill thinges, in ordine ad spiritualia, wiche they wer wount to haue in this natione; wnder wiche pretence, they gett all ciuell pouer quhatsomeuer in ther handes....

In Nouember this zeire, the ministers of the west, that had made and still manteined a werey grate schisme in the churche, and disawoved the last Generall Assembley, holdin at St Andrewes and Dundie, sett out at this tyme a pamphlett called, a Discouery after some search of the sinnes of the ministers; wich is dewydit in 9 sections, and printed in A? 1651, by the brethren of the presbytery of Kilmarnock. Thir westland renters of the churche held a meitting at Edinbrughe, about the letter end of this mounthe, by the name of the Commissione of the Kirke; the pryme actors in it wer the tuo fyrebrands, Mr James Guthrie and Mr Patricke Gillespie, both of them depriued by the lait General Assembley at Dundie; to quhom, amongest maney other of the lyke nature, wes presented by a godly brother, (as they name him,) this famous paper, consisting of 12 heads:—

1. Our soleme ingagements to dewties, ather out of dark zeall or policy; and it is conceaued much of both thesse will, after deepe searche, be found in al our couenant ingagements.

2. The taxing of ourselues, by soleme couenants and othes, to the perpetuall mantinence of some thinges for wich ther is no warrant from the word: as perpetuall adherence to monarchy in such a line, and constant mantinence of the priuilidges of parliament; at least the clauses of our taxes thesse thinges so ambigously conceaued, that maney sueare them in the formentioned sense.

3. A fleschly zeall and policy in pursewing and carring one the couenant and leauge by creuell oppressions, making actes for constraning all sortes of persons, als weill men of tender consciences as the most prophaine and grosslie ignorant in the land, to take the couenant, wnder the hazard of incurring the heighest censures both of churche and stait.

4. Our preiudices; and that vpon our passinat and bitter invections, by word and wreatt, publicke and priuat, aganist suche of the people of God in England, quho had some differences of judgment from ws, not vsing the gospell way alloued by God for gaining others, houever carried away with errors; and therfor in the grate justice of God, his people in the land, quho wer formerlie one, are now so far dewydit in judgments and affections, that grounds of persecutione are layed doune and begune by the one aganist the other.

5. The espousing of the malignant quarrells, not only by our own coniunction with, and intrusting the malignant party, bot also by intending and concluding a trettey with the Kinge, putting him in the actuall exercisse of his power, and owning his intrest, albeit all the tyme of the trettey, and after it als weill as befor it, he did palpably euidence his disaffectione to the couenant and endes therof; wherby it hath come to passe, that the quarrell wich the Lord did formerly plead aganist the King, seimeth to be now tabled at the dore of churche and staite.

6. The pollutting of the Lords housse and ordinances, by continuing the vilest of men to be churche members, and to partake of the holy ordinances of Jesus Christ; so that all the people of the nation are members of the Churche; quherby the churche of Scotland is become lyker to a feild of thorns and briars then the wyneyaird of the Holy One of Israel. Nather could the remoueall of persons scandalows from a sacrament (wich also is much neglected,) be a sufficient remedy of this euill, seing beare negatiues are not sufficient to putt a man in a capacitie to be a churche member, muche lesse to partake of the sacraments; but besydes are requyred positiue euidences of grace, so far as to ground a judicious judgement of charity: and from this error of the actuall constitutione of this churche flowes the sinfull coniuctions with the malignant party in counsell and armies; for how can thosse, vpone aney groundes of conscience, be debarred from ciuill fellowschipe, quho may and ought to be admitted to churche fellowschipe? and therfor, though our disease may be skinned, zet neuer cured, till the present constitutione of the churche be helped.

7. The idolizing of men, and receauing doctrines from them implicitly, not bringing them to the ballance of the sanctuary: ministers medling with ciuill affaires, both in priuat and judicatories, quherby they lord it ouer the estaites, and tyranized ouer the consciences of men; though it is not denayed bot they may and ought to reproue sin, and that in all sortes of persones, so far as they haue varrant from word of God.

8. Our not cleiring, bot wreasting the trew staite of the quarrell, with a vilfull reiecting of all meines for prewenting the sheding of blood; whill treaties and conferences were not only requyred, bot refussed, though desyred and offred by the Englishes; throughe wiche it appeirethe, that the guilte of much blood shed in the lait warre, may be justly layed to the charge bothe of kirke and stait.

9. The smothring of light, and withdrawing from dewties, wpone the apprehensione of said euents.

10. Pitching vpone our forme of presbyteriall gouerniment, as the vtermost attainable perfectione of reformatione.

11. The grate neglecte and creuell oppression of the comons and poore people of the land, neuerthelesse of our obligations and tayes, in the couenant, of mutuall aid and assistance one of another.

12. Laboring to carrey one a worke of reformation with so corrupte and vnsuttable instruments; yea the continuance of persons scandalous, in eminent places of trust, after ther was cleir euidence that they wer suche.

1652.

This day, (viz. Friday) 2do Jarij: did brecke vpe the meitting of some presbeterians, who did meitt at Edinbrughe, in reference to the satlement of present affaires. It was composed of them quho [are] called ministers and laymen, quherof Mr James Guthrie was moderator; who, as he was chosen to moderat, so in his olde wounted presbeterian zeall wold proceed in nothinge, till first he knew wither aney wer present who wer accessorey to the sheding of the blood of the saintes. Quasi wero, he had bein free of aney such thing; thoughe most instrumentall in drawing one ane ingagement at Dumbar, he may remember his accession to his spilling of blood at Hamilton; bot wee know the pharisies can bewaill the death and suffringes of the prophetts, thoughe apte to persecute Christe and his disciples. It is remarkeable, this meitting was not called without cuninge, for wpeholding the presbeterian intreste. The matter is this; about 8 weekes agoe and aboue, some godlie and weill affected men in this land, taking a coursse (besyde the preists not heeding them in the bussines) in order to the good of the nation, vith no lesse purpois then to remonstrat and petitione (quhosse proceidinges as zet wee houpe shall take effecte) aganiste coerciue restrainte, and for incorporatting the tuo nations into one comon wealthe. Bot the presbeterian ministers, with ther grandee, Wareston, finding this prÆiudiciall to ther crafte, Demetrius lyke, called togidder such as wer of ther auen stampe; cuningly breking of the meittinges of thosse quho intended to bring to naught ther crafte, in making siluer shrynnes for ther presbeterian Diana, did withdraw themselues altogider from suche meittinges: the result of wich is confusione; for nothing is now to be hard after this conuocatione, bot craying out, “Grate is the Presbetery.”

Now they haue drawin vpe a letter, thoughe with grate debait, not knowing weill to quhom to send it, ore how to call thosse to quhom they should directe it, and are aboute to send it to the Generall; testifing aganist all our proceidinges, and with a full pretence (I should say, purposse) of suffringe, doe earnistly bege religion in Scotland may be preserued, and established according to the couenant, wich in ther accompte is nothing bot presbeterey. Marke ther ingenuity; they resolue to suffer, and zet wold haue pouer to persecute. Werily, I thinke, they are justly sufferers, quho goe aboute to be persecutters. In the interim, I supposse they shall not receaue a satisfactorey anssuer in petitioning him (viz. Cromwell) aganist quhom they testifie; this bewrayethe ther policey, thoughe presbeterey be wsullay attendit therwith. Howsoeuer, as they conueined cuningly, with a full purposse to manteine their crafte, that ther idol presbeterey perishe not, so they are dismissed confusedly, craying out, “Grate is the Presbeterey.” We haue only to adde to it that Warrestone, in face of the meitting, contrarey to experience, with a full purposse to deceaue the simple, (Ex vngue Leonem) denayed aney trettey to haue beine offred by the Englishe, befor Dumbar, to the Scotts. Bot wee know it is a Matchiuelian policey, fortiter calumniarij.

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Wheras we, and many of the godly in the Land have been really scandalized and stumbled at their late Acts and Proceedings, relating to Publick Resolutions concerning the same in the nature and Intention of the Work, to have obstructed and shaken the Work of Reformation, (although we think honourably of diverse Godly and Learned men who have been concurring in the same, and dare not judge their Intentions to be such as we think their Work hath been, and do allow charity to others.) Therefore for satisfaction of our conscience, and for securing the Work of Reformation, for purging the Church, and for promoving the power of godlinesse, and for removing of these sad differences, and for attaining and preserving a good understanding, We desire,

That they give evidence and assurance, that they approve of, and will adhere unto the solemn Publick Confession of sins and engagement to duties, and all the Acts of the uncontroverted Assemblies of this Church, concerning the Work of Reformation, in the literal and genuine sense and meaning thereof. And that in dispensing of the Ordinances, censuring of scandalous persons, receiving of Penitents, trying, admitting, removing, and deposing of Church-Officers, they will walk according to the same. That it be laid seriously to heart before the Lord, how after such a defection, and so sad judgments for it, the Lord may be restored to his honor, the Land to his favor, and the like defection prevented in time coming.

That as we are ready to our station, to follow all religious and conscionable means and Overtures for securing and guarding the Cause and Work of God against Error, Heresie, and Schism on the one hand, so they would hold out to us a solid way for securing the same against dangers from Malignancy on the other. And we would know what shall be the Characters in time coming, by which Malignancy may be known and judged.

That a reall and effectuall course be taken, according to the established rules of this Kirk, for purging out, and holding out all such Church-Officers as have not the Position, and qualifications required in the Word of God, and Acts of this Kirk, particularly, where Ministers deposed by lawfull Assemblies, have intruded themselves, or have been unwarrantably restored by Synods and Presbyteries to their Charges, contrary to the form and order prescribed in the Acts of Assemblies, be removed, and condign censures inflicted, and that sufficient Provision be made for preventing the like in time coming.

That after means be fallen upon and followed for censuring of all scandals and scandalous persons, and casting out of these who shall be found grosly and obstinatly scandalous or ignorant, after they are made inexcusable by sufficient means and pains taken for their instructing and reclaiming.

That some course more effectuall than any hath been fallen upon hitherto, may be condescended upon, for putting in execution the Acts of this Kirk, anent debarring from the Lord’s Table such persons who are found not to walk suteably to the Gospel, and have not knowledge to examine themselves, and to discerne the Lord’s Body.

That in the receiving of Penitents, care may be had that none be admitted to the publick Profession of repentance, or reconciled to the Church, but these who are found to give such evidence of their repentance, as is exprest in the Acts of the Assemblies, concerning the receiving of Penitents.

That an effectual course may be taken for securing of the Work and People of GOD from the harm and evill consequences which hath already, and may further ensue from the late pretended Assemblies at S. Andrews and Dundee, and the Acts thereof.

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Albeit the Essayes and Endeavors which were used by us, before our coming hither, for removing of Differences, and attaining of Union and Peace, upon such grounds as might (indeed) bring forth a discovery of our, and the Lands Sin, and contribute for removing the guilt thereof, and for securing and promoving the Work of Reformation amongst us, might in a great part have acquited our consciences, and cleared us before the world; yet the deep sense that we had of the many and great prejudices which do ensue to the Work and People of God, by our continued Divisions, and our ardent desire of Peace and Union, upon the grounds foresaid, constrained us to lay hold upon the opportunity of your meeting together at this time, and to represent unto you, some necessary and just Propositions, as a fit subject of our conference; and that we were willing to hear what should be offered by you to us, in order to these ends; and, that therefore you would forbear to assume unto your selves the power of, or constitute your selves into a Gen. Assembly. And when we found this ineffectual, and our Union rendred more hopeless, by your denying a desire so just and reasonable, and so agreeable to the practice of former Assemblies, as was instanced before you by these who knew the records: Nevertheless upon a surmise of a purpose in you to confer with us, we did for divers dayes wait upon you, being desirous to have seen upon your part, some serious applying of your selves to the real means of healing, and to have found solid satisfaction unto the things contained in the Propositions offered to you by us: But in place of this, the Brethren who were appointed by you to confer with some of our number, did intimate unto us, that all which they had in Commission to make offer of, was, That ye were willing to take off the Censures inflicted by the former Assembly at St Andrews and Dundee, and the Censurableness that persons, who have transgressed against the Acts thereof might be liable unto: Providing, that these Brethren censured, and deserving Censure, should pass from their Protestation against the former and present Assemblies, and judicially before their Presbyteries and Synods, engage themselves under their hands, not hereafter to deliver their Judgments in Preaching or Writing, or any way else to hold up the late differences. Which Overture when it was earnestly desired by these of our number to be given to them in writing according to their Instructions, not only because it was divers wayes represented by such of your number as did confer with them, but also that they might the more perfectly and better understand the same, and be able to make an exact report thereof to these who sent them, and mistakes thereupon might be Prevented: It was most peremptorily refused, albeit most earnestly urged and desired during the whole time of the Conference: Therefore having set down the same as truely and impartially as our judgments and memories could attain; We do for our own vindication, and satisfaction of others, give these Reasons following, why we cannot accept thereof.

“I. Because there is hereby no remedy at all offered for the course of defection involved in the Publick Resolutions, nor for preventing the like for time to come, which is the main ground of difference; but upon the contrary we are required upon the matter to retract our Testimonies thereanent, and judicially to give Bonds and Engagements hereafter to be silent concerning the sin and guilt thereof.

“II. Because our passing from our Protestation doth import a real acknowledgement of the lawfulness and freedom of the Assemblies in regard of their constitution, and of power in them to inflict and take off Censures, and so by our own consent, doth not only retract and condemn the testimony which we formerly gave against the same, But also obstructeth the remeading of what is past, and the attaining a lawful, free, General Assembly for the time to come, and so wreaths about our own neck, and the necks of the Lords People, the yoke of unfree, corrupt, and unlawful Assemblies.

“III. Because the offer which is made, though it contains Immunity in regard of these who have not acquiesced unto, or opposed these Acts for the time past, yet the Acts of themselves do notwithstanding thereof, still stand in force, as a ground of persecution against all these Ministers and Professors, who shall not accept of the conditions contained in this offer, or thereafter fail in performance of the same.

“IV. Because this offer is so far from reaching satisfaction to all, or most part of the Propositions offered by us, that it doth not give satisfaction to any one of them, but pitcheth upon a particular, which ought to be of least consequence with us, (as importing but our personal suffering) without taking notice of the Lands defection, and of those things which do concern the Kingdom and Interest of Jesus Christ, and the purging of his House; and what a sin and provocation should it be against the Lord, and what a stumbling and grief of heart unto the godly who have concurred in these Propositions, and after such a defection, do expect repentance and reformation, and the purging of his House of corrupt Officers and Members, if we should make such a transaction, as seems to promise present security to our selves, but doth not contribute for preserving of the Truth, and attaining a solid Peace and Union in the Lord.

“V. We cannot see how the passing from these Propositions, and the taking upon us such Engagements for the time to come as are desired, should not involve us in the condemning of our own judgments, and in the acknowledgment of a sin and offence in making these Protestations, and bearing testimony against the Publick Resolutions, and import that what is done by you in taking off of Censures and censurableness (as you term it) is an Act of meer favour and grace upon your part, unto Delinquents, upon their repentance. And though we hope that we shall never be ashamed, but esteem it our mercy and glory to acknowledge any thing whereby we have provoked the Lord, or offended others, yet being more and more convinced in our consciences, that what we did in these things was a necessary duty, we dare not purchase immunity and exemption from Censures at so dear a rate, as to deny the same, we shall rather choose still to be sufferers, and to wait upon the issue that the Lord shall give, then to provoke the eyes of his Glory, grieve the spirits of his People, and wound our own Consciences, by so unsatisfying and so sinful a transaction.”

And conceiving that, we shall not have the opportunity to speak unto you hereafter, as being now about to dissolve our Meeting; We do from the zeal that we owe to the honour of God, and from the tender respect we owe to you as Brethren, and for exonering our own Consciences, most earnestly beseech and obtest you, by your appearing before the Lord Jesus Christ, to give your selves unto Prayer, and searching of your own hearts and way, in Order to Publick Resolutions and Actings, untill each of you finde out wherein ye have turned aside from the straight way of the Lord, and imployed your gifts and power not for Edification, but for grieving the spirits of many of the Godly, and strengthening of the hands of the wicked, and to Repent thereof, and to do no more so, least wrath be increased from the LORD, the Godly of the Land more offended, and our breach made wider, and our wound more incurable. If both you and we might obtain mercy of the Lord to know our trespasse, and why he contends, and to accept the punishment of our iniquity, and humble our selves before hime, who knoweth but that he might yet have compassion upon us, and pardon our sins, and heal our Land.

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Mr Andrew Cant, Mr Samuel Rutherford, Mr James Guthry, My Lord Waristoun, Mr Robert Trail, Mr John Nevay, Mr James Nasmith, being nominated to meet and confer with some Brethren, Members of the present pretended Assembly, the Instructions following were given them, and the Meeting doth require and expect, that they will walk according thereto.

I. That they shall declare to the Brethren with whom they are to meet, That as they do adhere to the Protestations formerly and lately given in, so they do protest, that they do not meet nor confer with them, nor receive any Papers from them, as being in the capacity of Commissioners of a General Assembly, but onely as sent from a meeting of Ministers and Elders, Wanting any such Authority.

II. That whatever be offered by the Brethren with whom they do confer, they desire to get it in writing from them, as the mind of the Meeting whereof they are Members; That it being communicated to us, Answer may be given thereunto by our whole Meeting.

III. That they do not engage in Conference with them at first about the matter of Censures; It being neither the chief nor only ground of our grievance; and because with us things of that nature, and any thing of personal concernment, ought to be of the smallest value, while there are many things in question betwixt them and us, of far higher consequence to the Kingdom of Christ and his Interest, as anent the causes of Gods controversie with the Land, and the way of remedy and cure of the former and late defection, and the way of preventing the like in time coming. The establishing and promoving the Work of Reformation, and the purging of the Kirk, and the like, as are laid before them in our Propositions given in to their Meeting; And that they do intimate to the Brethren foresaid, that we cannot look upon an offer relating onely to the Censures, upon some of our number, as satisfaction to them or us, and that (besides what we have said) for other reasons to be communicated in due time to their Meeting. And that therefore they shall offer to these Brethren, and desire of them, that if there be any Conference at all, the subject matter of it may be upon the whole Propositions in the order as they stand.

IV. That in case of their refusing the latter part of the former Article, they shall require and demand from the Brethren of the other Meeting, That they would declare whether we may expect, that these from whom they were sent, will either by the said Brethren, or any other way, give answer and satisfaction to us anent the Propositions, and what is their sense and meaning of the Publick Resolutions, and anent the Constitution, Acts, and Proceedings of the Meeting at Dundee, and of this at Edinburgh, and what they minde to do in reference to the same.

V. That in case there be not satisfaction obtained in these so just and necessary things, They do professe their own and our dis-satisfaction with any thing that hath been offered by them to us, or answered to our desires first or last. And that they protest for themselves and us, That as we have sought Peace, and pursued it by all lawfull and possible means, though much in vain on their part. So we are henceforth free from the guilt and blame of the sad prejudices and evil consequences whatsomever, which may follow upon their present way, and their former and future actings of that nature, so contrary and destructive to Edification and Peace.

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Right Reverend,

We have now for these fourteen dayes past, been imployed in using our best endeavours, and waited for Overtures from you, for healing the breach, and, removing the differences that are amongst us; And now there being no ground of hope given us, nor any desire made unto us for continuing the Conference, whereby a better understanding might be attained, We have thought good before our parting from this place, to send unto you this inclosed Paper, together with the Instructions given in writing to these who were sent from us to the Conference, the Copy whereof was offered by them to these who were sent from your number, and left with them; Both which Papers we desire you to communicate to those of your meeting. And so we rest,

Your very loving Brethren in the Lord.
Edinb. 29 July, 1652.

Directed. For the Reverend Brother, Mr David Dickson, Professor of Divinity in the Colledge of Edinburgh.

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The Generall Assembly being deeply affected with sense of the many and sad evils and calamities that have already arisen both to Kirk and State within this Land, by the lamentable divisions and distractions amongst Ministers and others of the People of God in this Kirk, and apprehensive of greater evils which may yet follow, to the overthrowing of the blessed Work of Reformation, (which the Lord, in his great and speciall mercy, was pleased to set up amongst us, having carryed it through many difficulties and oppositions,) and to the laying of the Kirk of God waste and desolat, if these divisions and distractions shal continue; And being most desirous, as the Servants of Jesus Christ, who is the Prince of Peace, to use all necessary and lawfull means (so far as their knowledge and power can reach) for preventing the encrease of these divisions, and making up of the breaches; And being firmly resolved, for obtaining of this desirable end, in all meeknesse, gentlenesse, and moderation, to condescend so far as they can, without violation of Truth, and of the just authority of the Government and Courts of Jesus Christ in his Kirk, unto their Brethren of the Ministery and others of the People of God, who have been this late time by-past, and are at difference with the Judicatories of the Kirk, for bringing them to an happy conjunction with their Brethren in unity of the Spirit in the bond of Peace.

Therefore, for giving an evidence and demonstration of their real intentions and sincere purpose about the premisses, as they have already, by some of their number commissionated for that effect, Declared and made offer to some of these their Dissenting Brethren, who were here in the time of the Assembly, so now again do Declare and make offer by this present Act, That the four Brethren, who, by the preceding General Assembly at S. Andrews and Dundee, were upon speciall consideration justly censured, for protesting against and declining the Authority thereof, shal have the censures inflicted on them by that Assembly for the cause foresaid, taken off them; And further, that no censure shall be inflicted on them for not submitting to the foresaid censures; yea, and that no censure shal be inflicted for their Protesting against, and declining of this present Gen. Ass. Providing, 1. That they do passe from the said two Protestations against, and declinators of the two foresaid Assemblies, judicially under their hand, between and the second Wednesday of November next ensuing, in their several Presbyteries or Synods respective. 2. That they also give assurance in manner foresaid, that they shall forbear holding up divisions by debates about matters of our late differences since the Assembly 1650, in preaching, writing, or any otherwise. Likeas the Assembly doth Declare and make offer, that all such as did concur in, or have been accessory unto the Protestation and Declinatour against the Assembly at S. Andrews and Dundee, and were not censured, shall be free from whatsoever censure might have been inflicted by any Act of the said Assembly, and that no such Act shall have any force against them hereafter in any Judicatory of this Kirk, and that no censure shall be inflicted on them for their accession unto the late Protestation and Declinatour against the present Assembly, Providing they shall perform the foresaid provisions within the time, and after the manner therein specified.

And for prosecution of this purpose, the Generall Assembly ordains the several Presbyteries or Synods of this Kirk to present this offer, with the Provisions therein contained, unto all such persons as are before-mentioned within their bounds respective: And in case the plurality of Presbyteries or Synods shal refuse to propound the same, the Assembly doth warrand such Brethren as acknowledge the Authority of these Assemblies, to propound them: and, having made report of their diligence and successe therein to the next ensuing Quarterly Meeting of the Commission of the Kirk, if they be then sitting, thereafter to do as they finde by the rule of the Word of God, and the Acts and Constitutions of Generall Assemblies of this Kirk, to be most necessary and conducible for preservation of truth, for procuring the Peace and welfare of the Kirk, and maintenance of the Authority of the Assemblies thereof, as they will be answerable to the next Generall Assembly; And recommends unto them to take advice of the Commission of the Kirk for their proceeding in any matter of importance of this kinde.

And now the Generall Assembly having out of tender affection toward their Brethren, and sincere desire of unity and concord with them in the Lord, and for the Lord, condescended unto this moderation and meeknesse, do obtest all and every one of them in the Name of Jesus Christ, and expect, as they tender the preservation of the Government of this Kirk (which adversaries without and within, taking advantage of our divisions and distractions are labouring to subvert) and as they love the establishing and promoving of the Kingdom of Christ in this Land, and will be answerable to him in the great Day, that they would, accepting of this offer of love, return unto unity with their Brethren in their severall respective places and Judicatories, and concur in an unanimous way, for preserving and promoving the Work of Reformation in all the parts thereof, and for electing of Commissioners to the next ensuing Generall Assembly. And if they shall (refusing to accept this offer) continue to hold up the divisions, the Assembly leaveth it to the judgement of all the Kirks of Christ abroad, to bear witnesse if we have not faithfully endeavoured for our part, to heal our present breaches; and if we shall not be free of the guilt of the sad consequences that may come to the Work and people of God in this Land, by continued distractions.

J. Makghie.

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The General Assembly having out of their earnest desire of the Peace and Vnity of this Kirk, condescended upon an Overture of Peace, and not onely propounded it to some Brethren who were here, opposite to the Publick Judicatories of this Kirk, But also in pursuance of that end, Ordained the said Overture to be presented, and offered by the several Presbyteries or Synods, to all in their respective bounds, who have Protested against, and Declined, or consented or adhered unto the Protestations and Declinatours made against this and the preceding General Assembly, and the conditions therein contained, to be required of them; And considering the great prejudice like to arise to this Kirk, by encreasing of our unhappy Differences and Distractions, if young men shal be admitted into the Ministery, which shall still blow the fire of contention, and continue in avowed opposition to, and contempt of the Publick Judicatories, Therefore Ordains Presbyteries to take special care, that upon the calling of any Expectant to a particular charge of the Ministery, before they admit him to his trials, they require him under his hand, to passe from the Protestations and Declinatours against this and the preceding General Assembly, if he hath been accessory to the same, and to promise and give assurance, that he shal abstain from holding up Debates and Controversies, about matters of Differences in this Kirk, since the Assembly 1650, in Preaching, Writing, or other wayes. Vpon the performance whereof, the Presbyterie shall proceed to his trials; if not, in that case, the Presbyterie shal forbear to proceed until the next General Assembly leaving liberty to the Presbyterie and Congregation for planting of the place otherwise. And the Assembly Ordains and requires, that Presbyteries be not sudden to lay by such young men as at first refuses or scruples to perform these conditions mentioned, but that pains be taken upon them to convince them of the reasonablenesse thereof, and to perswade them to embrace them, and to give them a competent time for that effect.

Likeas the Assembly considering the prejudice of Elders coming to Presbyteries for strengthening a faction in opposition to the Publick Judicatories, Ordains, that Presbyteries shal require the same things fore-mentioned of every Ruling Elder that comes to sit and act in Presbyteries; and in case of his refusal, shall not admit him to act as an Elder in the Presbyterie, but require the Kirk Session from which he is sent, to make choise of, and send another, who for the Peace of this Church, shal agree to perform the conditions required.

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The Generall Assembly, considering the obligations that lyes upon all Ecclesiastick Judicatories and Ministers within this Land, by the commandment of GOD, and our Covenants and Engagements taken upon us, before GOD and the World, (whereunto they resolve, in the power of the LORD’S might, constantly to adhere) and to shew themselves faithfull and zealous in all their administrations for the LORD, and for advancing the Work of Reformation; and particularly, considering that the condition of this time doth require in speciall wayes, that in trying, admitting, removing and deposing of Church-Officers, censuring of scandalous persons, dispensing of Ordinances, receiving of penitents, the Rules of the Word of GOD, and Constitutions of this Kirk, be diligently put in execution, and accuratly observed.

Therefore,

The Assembly Ordains, That Presbyteries and Synods, in admitting of Persons to the Ministery, be accurate in their tryals, according to the Order prescribed in this Church, that none be admitted to the holy and high function, but such as are qualified according as is required in the Word of GOD, and Constitutions of this Kirk, both for knowledge in the mystery of godlinesse, and abilities to teach and convince the gainsayers, as also in conversation and godlinesse, that they lay hands suddenly on no man, nor be partaker of other mens sin; and for this end, that every Presbyterie be careful to have gathered together such Acts of Assemblies as concerneth the triall of Ministers, and have them before them, whensoever any person is called to any place of the Ministery, and is upon his trials.

2. Ordains that Presbyteries and Synods, in their respective bounds, make conscience, that such Ministers as are found either ignorant and not apt to feed the people of God with knowledge and understanding, or erroneous in their judgment in matters of Religion, or are scandalous in their life and conversation, and are not examples unto their flocks in godly and holy walking, or disaffected to the work of Reformation, be censured according to the degree of their offence, and Acts of Assemblies. And for this end, that they be frequent and accurate in visitation of Kirks, and therein make consciencious use of the rules prescribed for visitations, and of such Acts of former Assemblies, as holds forth the duties of Ministers, and the grounds and causes of censure.

3. Ordains that, where Ministers lawfully deposed, are unlawfully admitted, and not according to the Order prescribed in the Acts of Generall Assemblies, or intrudes themselves into places, Presbyteries and Synods make use of that power and authority which Christ hath put in their hands, to remedy the same, and to censure such disorders and enormities, as they deserve, And that people be not accessory unto, or concurring with any Ministers that are deposed, in intruding themselves into places, nor give them any countenance that does so, as they would not draw upon themselves the wrath of God, by contemning and despising Christs Ordinance of Discipline, And that no Presbyteries or Synods proceed to open the mouths of, or re-admit unto the Ministery, any deposed Ministers, but according to the Order prescribed in the Acts of Generall Assemblies, As they will be answerable unto the General Assembly.

4. Ordains that Sessions be carefull that none be admitted to be Elders in Congregations, but such as are in some competent measure able and qualified with knowledge of Religion, and understanding of the duties of their Calling, for discharging the duties of that Office, and of a blameless, Christian, and godly conversation; And that before any be admitted to be an Elder, the Persons name that is designed, be publickly intimate to the Congregation the Lords day before, that if any have any thing to object against him, they may present the same to the Session or to the Minister. And that if any Elder be found negligent in the duties of his charge, and continue so after admonition, or scandalous in his life and conversation, or to be a neglecter of the worship of GOD in his Family, he be removed from, and purged out of the Session.

5. Ordains that Sessions and Presbyteries be carefull, and make conscience by all means to censure impartially all persons of whatsoever rank or condition, that are scandalous, either in things of the first, or in things of the second Table, according to the Rules and Order which Christ hath prescribed in his Word, and to proceed to the highest censures, with such as are grossely and obstinately scandalous, or are ignorant, and contemn, and continuedly neglect the means of knowledge, as publick and private catechizing, &c. after they are made inexcusable by sufficient means used to reclaim and gain them.

6. Ordains that Ministers and Sessions in Congregations be carefull, as they will be answerable to Christ Jesus, to debar from the Lords Table, all such persons as are found not to walk suitably to the Gospel, and being convinced and admonished thereof, do not reform; As also all such as have not knowledge to examine themselves, and to discern the Lords Body. And that for the more orderly performing of this, the Minister in examination of the people, have some of the Elders alwayes with him, and represent unto the Session such as are found grossely ignorant, that by order of the Session they may be debarred.

7. That Presbyteries and Sessions make conscience, that such persons as are found scandalous, and are under censure for that cause, be not received nor absolved from their censure, unlesse they give such satisfaction and evidences of their repentance, as are expressed in the Acts of the Assemblies, concerning the receiving of penitents.

J. Makghie.

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Right Honourable, right Worshipfull, and
Worthily respected,

We, being met in Edinburgh at the time appointed by the former Assembly at Dundee, of purpose to study the healing of begun breaches in this Kirk, were interrupted at our first down-sitting, and hindered from constitution of the Assembly by our Dissenting-Brethren their offer of Propositions and desires to be granted by us, which could not to any good purpose, either be debated or effectually granted, as was required, before the Assembly was constitute, and the Judicatory fixed. Which short delay of our answer, till we were in capacity to answer, was met with a Protestation, prepared before hand, for a declinatour of the Judicatory, and all the Commissioners of Presbyteries, as freely chosen as any were, and sent forth from all parts of the Kingdom. In which Protestation wer contained many grievous and unjust aspersions upon us and others (who dare not pass from the possession of yearly Generall Assemblies; which being in former times interrupted, was purchased at a dear rate, before it was recovered) and all this was presently put in Print, to the great disadvantage of us, and mis-information of all the Kingdom. After the Assembly was constitute, a conference was offered by us, wherein some from us desired, That to the intent we might joyn the better for promoving the Work of Reformation, legall bars hindering us from peace, to wit, Protestations on the one hand, and Censures inflicted, or which might be inflicted, on the other hand, being removed. They should give assurance to forbear to trouble the Kirk, by holding up debates on the matter of our late Differences, about the managing of Publick Affairs. But after conference, finding no ground of hope for present agreement, we have made the same offer to all them who adhered to the Protestation, whether in the Town for the time, or not, as our Act452 (the Copy whereof is with these come to your hands) at more length doth declare, and granted unto all, time to advise till the second Wednesday of November next to come. And now because our Dissenting Brethren have the advantage of the Press for the present, and are too diligent and painfull in gathering of hands and subscriptions to their Protestation, of young men or elder, masters or servants, without any tryall of their qualification, to make the world think, that the generality of the godly (as they in their Papers presume to call themselves) and that in great number do stand for their divisive way, Therefore we thought it our duty to write unto you all, who love the Union and Peace of this afflicted Kirk, that by your counsell, conference, and all other godly means, so many as in your bounds, Ministers, or others, are upon this divisive way, which tendeth so much to the hinderance of the Work of Reformation, and peace of the Lords distressed people may be timously reclaimed, and moved to accept the peaceable offer made to them by the Generall Assembly, and the rest within your bounds may be keeped free from this uncouth separation, that it grow not greater, and that difference of judgment about the managing of publick affairs in our late troubles, which occasioned this unhappy rupture, may be no prejudice to our joynt acting in Ecclesiastick Judicatories, for keeping the Liberties thereof, and the peace of this Kirk, which at this time doth so much call for communion of counsels and actings: Wherein as you shall prove instrumentall, you shall be found to do a work of service unto GOD, of love to your Mother-Kirk now distressed on all hands, most suteable to your Covenant and Profession, and contributive as to your peace, comfort and credit in this life, so to the furtherance of your reckoning in the day of the LORD.

Subscribed in name and at command of the
Generall Assembly, by

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Whereas we have not onely been patients and defenders in the differences that have lately arisen in this Church, but willing and ready to embrace all opportunities for removing them: And for that end upon an Overture made to us the last Winter, have since that time forborn to act authoritatively, and in the capacity of Commissioners from the Generall Assembly 1650, (which delegation we conceive to be still in force, untill the next lawfull free Generall Assembly.) And notwithstanding grounds were given to us when that Overture was made to expect the like from you, Yet ye did assume to your selves that authority, and acted accordingly, which hath very much heightened our differences. And forasmuch as at the late Meeting of our Brethren in Edinburgh upon the ________ day of July last; We did earnestly desire that they would forbear to constitute themselves into a Generall Assembly, (which had they been pleased to grant, might through the Lords blessing have proved an effectuall means of peace.) So now we being met together, and understanding that you are to meet upon the ________ of this instant: And we being still desirous of peace and of an union with our Brethren in the Lord, and to entertain with all due respect, the endeavours of some godly and reverend Brethren for this effect. We do earnestly beseech you by the love you bear to the peace of this Church, and by your desires to heal the breaches thereof, that you will presently declare, that you will forbear all acting as Commissioners of a Generall Assembly, so long as endeavors and conferences for Union shall continue (as upon your condescendence we hereby do declare the like concerning the Commission of the Gen. Assembly 1650.) And that you will presently interpose with others of your judgment in the respective Synods and Presbyteries, not onely that supposed censures may be looked on and accompted as no censures, But that they do not proceed to put in execution any of the Acts of the late Meetings at Dundee and Edinburgh, against Ministers, Elders, Professors, and Expectants; or to do any other thing not already determined by uncontraverted Assemblies; which we are confident shal be the practice of Synods and Presbyteries that are of our judgment. If the Lord shall convince and incline your hearts to this motion, whereby we may be in a fit capacity to confer together for removing our differences; In that case our opinion is, that by mutual consent, some time may be appointed for our seeking the Lords face, for the further knowledge of his controversie with us, and for our direction in the way of Union in him, that we may in love and sobernesse of spirit speak of these things which may conduce for the healing of our breach; then which, nothing is more sincerely and seriously desired by us. But if this motion may not be hearkened to, and there be a proceeding in these things which are so grievous to us, and burdensome to the consciences of many of the Lords People and Ministers, we cannot forbear to warn you, that we shall be constrained to vindicat our selves and others from such usurpation and persecution by the use of all lawful and possible means for our own defence, and for preservation of the truth and liberties of this Church.

Sic subscribitur,Samuel Rutherfurd.

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The Commission of the Generall Assembly having received upon the 14 of this instant a Paper presented to them by my Lord Wariston, Mr Robert Trail, Mr John Sinclar and George Dundasso of Duddingstoun, and subscribed by Mr Samuel Rutherford, in the name of some Ministers, Elders, and Professors met at Edinburgh upon the 11 of November, and having taken the same into serious consideration, do return this Answer thereunto.

Although we being unwilling to enter upon any debate or inquiry who have been the Agents in raising, continuing, and heightening the late differences in this Church (being more desirous to have these differences and distractions that have followed thereupon removed, and the memory thereof buried) yet we may say that our Brethrens vigorous activity therein all along hath been conspicuous enough to all who have been looking upon the matter. And as we will not question the willingnesse and readinesse of our Brethren to embrace opportunities for removing these differences, nor whether for that end they did forbear the last year to Act Authoritatively, and in the capacity of Commissioners from the Generall Assembly 1650, (which power they had assumed to themselves, it being expired and extinct by the Meeting of the Assembly 1651, by vertue of the indiction of the Assembly 1650,) and that upon such an Overture made to them as they mention (which yet seemeth to us not to be wel consistent with their Answer given by them upon the ________ day of ________ 1651 to the Paper presented to them from the Provincial Assembly of Lothian) so we remember wel that the Commissioners of the Assembly 1651 though having no lawfull call and Authority, did notwithstanding from that time mentioned by our Brethren for preventing the heightning of differences, not onely forbear acting any thing in that capacity, but even abstain from so much as meeting to adjourn, untill the time of the Generall Assembly near approaching, they behoved to meet in that capacity, for determining the place of that Assembly ensuing, which had been left in the indiction under the uncertainty of an alternative, by reason of the times, which was the onely thing they acted, and could not in reason be accounted a cause of heightning the differences. Further as the Commissioners of Presbyteries met in Edinburgh in July last could not hearken to our Brethren, desiring them not to Constitute themselves into a Generall Assembly without unfaithfulnesse in the trust committed to them (they being Commissionated to that very purpose) and without apparent and inevitable danger of present loosing the liberty of the Publick Judicatories and Government of this Church, especially considering the posture of Civil affairs in the time: So we see not how the forbearing thereof could have been a means of a right peace; we still conceive, as hath been constantly held in this Church, that a lawfull Generall Assembly, such as that was, is the most Soveraign means under God to heal any ruptures and distractions that are in the Church; likeas we find that it was the endeavour of the said Assembly to the outmost of their power to compose the present differences, and unite the distracted Members of this Church, and accordingly did condescend upon such Overtures as they possibly could perceive to be most conducible to this end.

Albeit we cannot but signifie our just grief at the unjust reflexions and aspersions cast upon us and other preceding Publick Judicatories of the Church, partly indirectly, partly directly in the narrative of this Paper, and conceive it had been more sutable to the Profession of so earnest desires of Peace and Union expressed therein to have foreborn them, yet not doubting of the reality of the desires themselves, we do heartily entertain those with all due respects. And being for our part most desireous of Union with our Brethren in the Lord, we are willing to condescend so far as possibly we can in the trust committed to us, and with a good conscience by any means to attain that end: And therefore do declare, that we shal not at this Meeting, nor hereafter before the third Wednesday of February, Act any at all in prosecution of any Censure against our Brethren which are already pronounced, or which may be incurred by them by vertue of any acts of the two last Gen. Assemblies at Dundee and Edinburgh, relating to the late differences: And although as to the execution of the Act of the late Assembly for regulating the Admission of Elders to Vote in Presbyteries and Synods, and of Expectants to their trialls for the Ministery; we must leave these Judicatories to that discretion and prudence that the exigence of their severall conditions requires, yet we shal interpose with the respective Presbyteries and Synods that they may, during the space abovementioned, sist, and not proceed further in any of the foresaid censures: And that we are content and willing that betwixt and the day foresaid there be a Meeting at a time to be appointed, before our parting hence, between some of us and some of our dissenting Brethren in such a number and such a way as shall be most convenient, considering the case of the time, for holding forth to them so far as we can, and the Lord shall assist us, light in the matter of their differences from the Publick Judicatories, and for searching into further knowledge of the Lords controversie with us, and speaking in love and soberness of Spirit in such other things as may conduce for healing our breach. And it shal be matter of our earnest desires and Prayers to the God of Peace (as we doubt not but it will also be in our Brethren, if they embrace this way) that he may be graciously pleased so to blesse these endeavours, that the issue may be a clearing of His ways to us all, an healing of our wounds, and an uniting of us in himself, to serve him with one consent, in doing or suffering joyntly for His Cause and Honour, whatsoever shall be his holy will.

As for that Certification in the close of the Paper, as we conceive that it might been well spared, so we shall say no more to it but this, That we are confident that this Commission and the other late Publick Judicatories, having a calling and being constitute according to the order of God, and constitutions of this Kirk, are very far from usurpation; and that both the by past carriage of the respective Judicatories Publick and Private doth clear them, and our carriage shal clear us before God and the World from that grievous aspersion of persecution, the uncharitablenesse and injustice whereof we heartily pardon, and pray the Lord to pardon in our Brethren.

J. Makghie.

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The Commission of the Gen. Assembly hath appointed, Masters Ro. Blair, James Wood, David Forrest, Andrew Honniman, James Sharp, and the Moderator Mr David Dickson, in case the conveniency of his health and affairs can permit, to Meet at St Andrews the first Wednesday of January next; and there to attend such of our dissenting Brethren as shall come to them, and to confer with them upon the particulars expressed in the Answer to their Paper.

Jo. Makghie.

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Whereas our earnest Desire and Overture for sisting the present Differences to make way for an Union, hath been met on your part with no small heightning of the Differences, by your Actings in matters contraverted, betwixt the time of our giving in an Overture and your giving answer to it, and by your refusing all and every one of our just desires and asserting the authority and Acts of the late pretended Assemblies and Commissions thereof, and by your declaring the unpossibility of any further condescendance on your part for Union, then hath been already held forth in the Acts and Overtures of the late pretended Assembly at Edinburgh: And you having also dissolved your Meeting before the return of an Answer to us, or hearing what we had to say to you in reference to your Answer and to the authoritative appointment subjoyned thereunto; We are necessitated to Declare unto you that we are not instructed to call any Meeting for Conference with you in this case of so unsatisfactory an Answer: And that we are free of any concessions conditionally offered on our part.

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It is to be observed, that the scope of the Overture made by the Protesters is, That all claims to power and authority from the controverted Assemblies at Dundee and Edinburgh upon the one hand, and all controverted power, as derived from the General Assembly 1650 on the other hand, being laid aside during endeavours for union; as likewise all Censures, or Acts enjoyning Censures for the late differences since the said Assembly 1650, at which time this Kirk was of one judgment, and all Papers against these controverted Assemblies not yet published, being also for that time suppressed, There should be a friendly Conference agreed on by mutual consent, for searching into the Lords Controversie against the Land, and for removing our differences. The Brethren who stand for the Publick Resolutions are so far from wayes of peace, as they refuse all conferrence, except they Treat and confer as the lawful Representative of this Kirk, and be cloathed with their Commission and Authority; and therefore their Answer to the Overture is returned in the Name, and by the Authority of a Commission of the Kirk, and a Committee is, by Act of the pretended Commission, appointed for that purpose, viz. Their Moderator and some Brethren of the Presbytery of St Andrews.

2. In that Act the said Committee is limitted in their conference to the particulars exprest in the Answer to the Overture.

3. The Answer to the Overture, not only refuseth all things demanded by the Protesters, as previous and preparatory to a Conference, but also maketh the end of the Conference (which was modestly and fairly exprest for both in our Overture) to be, to hold forth light to the Protesters in the matter of difference from the Publick Judicatories, and (as the Letter to Presbyteries expresly beareth) that the dissenters from the Publick Resolutions may be brought up to unite with the Publick Endeavors of this Kirk, and so the state of the difference betwixt them and us, is now again (upon what considerations, or expectations I shall not descant) made as wide as it was before, when all the Malignant party was in Arms to protect them therein.

4. The Answer asserts and justifies, not only the Calling and Constitution, but all the Acts and Proceedings of the late pretended Assembly and their Commissions, and condemneth all Testimonies against the Publick Resolutions, and the said pretended Judicatories.

The said Answer declareth, That no Agreement is to be expected upon other terms then the late pretended Assembly at Edinburgh did propose; for the Answer doth affirm that they have found that the said Assembly hath endeavored to the utmost of their power to compose the present differences, and did condescend upon such Overtures as possibly they could perceive most conduceable to that end.

Now, these Overtures, by them mentioned, do require an express passing from all our former Testimonies, and that in time coming we shall never give any Testimony against the Publick Resolutions, and other late corruptions and novations brought into the Church, for it is required to be set under our hands, That we shall not hold up debates by preaching, writing, or otherwise, for any thing which doth concern the late differences that hath arisen in this Church: So that we may not give Testimony or declare our Judgements in any case, but must either be altogether silent in these things, or else conform our language to the judgment of the pretended Assembly, and if any Minister or Elder cannot in conscience comply with these Overtures, though they be men eminent for gifts and graces, and have been very useful and profitable servants in the Lords Vinyard, and differ in nothing in judgment with their Brethren in the Confession of Faith, Directory for Worship and Government, yet they must be cast forth as unsavory salt, because they cannot agree to a Novation which never was heard of before in this Church, and which themselves in their Vindication grant to be indeterminati juris. The same severity is enacted against expectants to the Ministry, and they must be debarred for his sole cause, though they were never so wel qualified. If this be not Usurpation and Tyranny, the Prelats are very excusable for their carriage.

6. Observe how their Answer to us, and Letter to the Presbyteries is stuffed with carnal policy, and very far from that simplicity and candor which becometh Ministers of the Gospel. They say, they are desirous to have the memory of our differences and distractions buried, yet with the same breath they give out sentence, That we have not only been agents, but active agents, and vigorously active; and affirm this to be conspicuous, not only to some, but to all who have been looking on the matter. But were it so, what need was there to tell it? If they would have these things buried, why did they assemble so frequently this Summer, to dig them out of their grave? Were it not greater ingenuity to tell the truth (as some of their number do) that these Publick Resolutions must stand as the Authority and Warrant for the Body of the People, to rise all in Arms (without making distinction of Friends and Enemies to the Lord his Work and People) and associate among themselves, and with Forreigners, when they shall land with the King. They say they will not question whether we did, from a desire of removing differences, forbear to act in the capacity of Commissioners from the General Assembly 1650, yet in the very next words they do expressly question it, and say, It seemeth not to consist well with our Answer to the Synod of Lothian. This is but a seeming inconsistency grounded on a real mistake; for the Overture mentioned by us is not the same with that proposed by the Synod of Lothian, neither for the Matter, Persons, Propounders, or the time of making thereof: It was a more equal Overture then that from the Brethren of Lothian, for it did not condemn the Authority of the Commission 1650, more then that of 1651, as that from Lothian did; and it was propounded at a Conference with some of the Brethren of the Presbyterie of St Andrews; and that diverse moneths after the Overture made by the Brethren in Lothian: If our Brethren had been well advised they had spared this reflection. They say, they absteined from meeting so much as to adjourn the Commission, and that to prevent the heightning of differences til the time of the Assembly did approach that they behoved to meet. I will not say, as our Brethren do, That I will not question if it was for that end they did abstein, and then follow it with a contradiction; I do plainly and ingenuously profess, That I think it was another reason which made them abstein: It was a clear case to all who conversed with them at that time, That fear of interruption by the English, and drawing prejudices on their persons, made them abstein, until the Malignant party (their penitents and correspondents) began to have power and favour, and procured some under-hand assurances for their security. And it may be well remembred, that their Meeting at that time in May, before their Assembly, was coloured with specious pretences, of using endeavors for union with the Dissenters from the Publick Resolutions; yet here they plainly tell us, that the express end was, To determine the place of the ensuing Assembly; to which I do readily give credit: for they slighted the sending advertisement to us, and would not delay one fourtnight at the earnest desire of some few of our number, that were present at that Meeting. They say, they could not delay to constitute themselves into a General Assembly without unfaithfulness, notwithstanding they know that it was agreeable unto the practice of diverse Gen. Assemblies, to adjourn without constitution, and no prejudice at all to their Liberties, as was represented to them at the same time. They say, that it hath been constantly holden in this Church, That a lawful General Assembly (such as this was) is the most sovereign mean to heal ruptures and distractions in the Church. If they take out these words “such as this was” which they have foisted in to destroy the Text, their own consciences will bear witness to us, that we are of the same judgment: But to say, That a pretended Assembly, made up of such as have brought in Novations and carried on a course of Defection, and continuing therein without Repentance, is a Soveraign mean to heal ruptures and distractions, is so far contrary to all reason and experience, as it hath proved to be a main cause of the evils and troubles of this Church, as is declared by the General Assembly 1639, in their Act of the 17 of __________. They do without cause, resent, That the Narrative of our Overture doth cast upon them reflections and aspersions, and yet all along their Answer they make it their study under the covert of Albeits, Althoughs, and Parentheses to abuse us with Calumnies. They declare, That they shall not at this Meeting, nor hereafter, until the third Wednesday of February, act in prosecution of Censures already pronounced, or which may be incurred by their Brethren; and that they will interpose with Synods and Presbyteries for the like. But what Sophistry is there here to delude the world, or rather to mock their Brethren? For, first, They act what they had a mind to act, in reference to matters in difference; and then after their Meeting is dissolved, and no sooner, they declare to us they will act no more at that Meeting, nor hereafter, till the third Wednesday of Febr., and that is the time of their next Quarterly-Meeting. 2ly, This seeming forbearence to act during that time, is not general, but limitted to the matter of censures. 3ly, That’s clog’d with another limitation, for, say they, We must leave Synods and Presbyteries to that prudence and discretion which the exigence of their condition shall require, for putting in execution the Acts for debarring Elders from Voting in these Judicatories, and Expectants from the Ministry, which themselves the last year did accompt to be no small Censure, in the debarring Malignants from trust; but how much more in this case, which hath great influence to corrupt the Ministrie and Judicatories. 4ly, Their expressions which they chose in their Letter to the Presbyteries and Synods, are such, as do rather incite to Censures, then prohibit; for they insinuate a dislike of their former moderation in Censures, which (they say) is well known to them, and to all men. 5ly, They well knew by the Conference which we had with them in July last, that it was not their Censures we feared, or much valued, but that we desired that both of us might be in the accompt of either in a fit capacity to confer together, and not they looking on us as Delinquents at the bar, and themselves as our Judges; otherwise we see not to what good purpose we should meet. 6ly, The time, place, way, and number of Persons (which indeed is least of all) ought to have been agreed upon by mutual consent; yet even in these smaller matters they must keep a state, and authoritatively enjoyn all, without the giving us the least intimation of their Resolutions, till they were risen and the Meeting was adjourned. In the close of their Paper they would fain vindicate themselves from persecution, but they would consider, that justified defection endeth ever in persecution of the witnesses against it. Some, who at the begining of this Defection, abhorred the very supposition of troubling any godly Brethren who differed from them in judgment, within some moneths were perceived to make no great scruple to help forward the persecution; others, who called it a persecution the last year, to debar Malignants from Civil and Military Trust, will have it this year no persecution to debar godly and faithful Elders, from Trust in the Kirk; and able, gracious and well qualified Expectants, from the Ministry: Conjunction with Gods Enemies, is alwaies attended with persecution of his Friends; and experience may teach us, that large Charity to Malignants will dry up much former love to Gods People. Mans heart is deceiptful above all things. I say no more, but I desire heartily to pray the Lord, to forgive them the deed and thing, who storm so grievously to be told of the name of persecution.

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Jul. 16.—The Generall Assemblie satt att St Androus, where the Lord Balcarresse was comissioner for the K. Majestie. At the meiting of this Ass. Mr Andro Cant, m. in Aberdeine, preached in the forenone, on Heb. 12, v. 12, 16, and Mr Robert Douglas, m. att Edenbroughe, in the afternone, in Ps. 122, 6, 7, 9. The said Mr Robert was chosen moderatour. The 20 of Jul. being Sunday, the Ass. meet at night, (upon the defeate Cromuell had given our people about Dunfermling), and did adjourne this Ass. till the 22, to Dundie. The forsaid night, at St Androus, ther was a protestation given in by Mr Samuel Rutherfoord, m. of St Androus, subscribed with 21 or 22 severall hands of ministers, protesting against the lawfulnes of this Ass.; alleadging it was corrupt, ill constituted, and not frie. The names of some of the protesters were these, viz. Mr And. Cant, Mr Ja. Gutherie, Mr Pa. Gillespie, Mr Sa. Rutherfoord, Mr Alex. Moncriefe, Mr Will. Oliphant, Mr An. Donaldsone, Mr Jhone Hart, Mr Ja. Sympsone, Mr Jho. Meingzes, and on Mr Neasmith. The day appointed, they meet att Dundie, where the proceedings of the comission of the former Gen. Ass. was approven; a warning, appointed to be read in the severall churches; the westland remonstrance (before spoken of) condemed and declaired against; a letter penned to be sent to the K. Majestie; Mr Ja. Guthrie, m. of Stirling, Mr Pat. Gillespie, m. of Glasgowe, Mr Ja. Sympsone, m. of Airth, neare Alloway—thir three were deposed; Mr Neasmith suspended. Some of these things brought against them were, that they did publicklie preach and speake against the proceedings both of the church and state, and were ring leaders in the meater of the remonstrance and protestatione; for the rest of the protestors, the Commiss. of the Ge. Ass. was appointed to deale with them, and, give they could not be convinced, to processe them. Mr Rob. Ramsay, m. of Glasgowe, was appointed Principall of the colledge ther. Mr Jho. Heart, m. of Dunkell, did supplicatt the Ass. that his name might be taken out of the said protestatione. This Ass. did ryse the 1 of Aug. 1651. More, the planting of the church of Newburne was referred to the presbetrie of St Androus; and Chancelour Campbell (anent the meater of adulterie), referred to the comission of the kirke. A fast appointed to be keiped throwe the kingdome, Aug. 31, 1651.

Sept. 3.—The Scots armie that went from Stirling to England, was routed by Cromuell and his forces near Worcester, The Kings Maj. escaped with the Duke of Buckkingam. Duke Hamiltone taken and wounded, and within some dayes after deyed; Earle of Rothis, E. of Kelly, E. of Laderdaile, taken and placed in the Tower; Louetennant-Generall Leslie, Middelton, Mungomrie, Pitscottie, Vandruske, with several other nobelmen and gentelmen, both Scots and English, taken; 400 or 500 officers taken, (amonge which were Lundie and Ardrosse), 6 or 7 thousand prisoners, a great manie killed; 9 ministers taken; 9 crirurgions and 30 of the Kings servants taken, with armes, bag and baggage.

Oct.—The greatest pairt of the protesting ministers against the lawfulnes of the Gener. Ass. 1651, mett at Edenbrough, with a purpose to anull the said Ass. holden at St Androus and Dundie. Mr Jho. Livistone was chosen moderator; they sat about 16 or 18 dayes. They resolved to continue the commission of the Ge. Ass. holden and appointed 1650, bot not the comission appointed 1651.

Dec.—Mr George Haliburtone and Mr Alex. Rooge, ministers of St Jhonstone, were silenced by the English garisone there, and discharged to preach, because, (as they alleadged), they preached up the Kings interest, notwithstanding of his defeate att Worcester.

July 25.—Some of the Gener. Major Deans regiment of foot, wha lay att Largo and Levin, (viz. 2 corporalls), did challenge Mr Ja. Magill, m. of Largo, (after he had ended sermon and said the blissing), before he came foorth of the pulpitt, for praying for the prisoners in England, and saying that they did suffer for righteousnesse sake, they affirming they suffred for unrighteousnesse; bot after some words passed by them, he answered them he wold be foorthcoming for what he had spoken before a competent judge, and in time and place convenient: for he did not acknowledge them, and so left off. Some dayes before this, they did beginne to quarter some of ther foot upon him and Mr Alex. Moncriefe, m. of Sconie, (this being the first time that ministers quartred ether foot or horse in this shyre). Also, some of the English did pull downe the stoole of repentance in severall churches they came to, as in Kirkekaldie and Kennowhie; they did sitt also in them in some places, wher they came in time of sermon. More, they did challenge severall other ministers for praying for the king, and some other things, as Mr Colen Edem, m. of Enster, and Mr Geor. Hamilton, m. of Pitten-Weyme. Jul. 1652, some of Coll. Berries regim. took backe also some north country ministers that were going to the Generall Assemb. at Edenb. that sate 21 of this instant, under pretence they were ryding upon the Sabath, and brought them to Cuper, and caused them pay 40 sh. Sterl. amonge them. When they came to the church of Largo, some of them did sitt ordinarlie (for contempt) in the stoole of repentance. May 24, 1653, the said Mr George Hamilton was badlie used att Pittenweyme (on a Tuesday), by some of Fairfax regiment of foot, so that he was forced to brake of his sermon, because he refused to ansuer them in publick; att which time ther was a great uproare in the church there; and after they came foorth, they affixed a peaper upon the crosse and every eminent place in the towne, tending to defame the said Mr George, calling him a ridicoulous parson, not regairding what he said, and that they wold hold him so, till he made good his promise, which was to dispute with him.

Aug.—This yeare the Generall Assemblie of this kingdome satt att Edenbroughe, where Mr David Dicke, professor of Divinitie att Edenbroughe, was moderator. (It sat downe Jul. 21; it rose August the 5.) The ministers, for the most pairt, that did protest against the last Generall Assemb. at St Androus and Dundie 1651, did protest also against this as unlawfull, unfrie, and corrupt. About 65 hands of ministers did subscribe this protestation. In the first rowme was Mr Andro Cant, Mr Samuel Rutherfoord, Mr Robert Traill, Mr Ja. Guthrie, and Mr Patricke Gillespie, wha were deposed by the last Ass. did subscribe it also. More, about 80 laicks and others did put ther hands to it also; it was printed, as also the Ass. ansuer to it. This Ass. allowed the protesters a certaine time to come in and to passe from ther protestation, viz. to the 2 Wedensday of Novemb. 1652, otherwyse apointed synods and presbetries to proceide against them with the censurs of the kirke. They apointed Mr Andro Louthian and Mr Andro Pitcairne for to goe to Caitnes. Also a fast to be keiped through the wholle land the 2 and 3 Sabaths of Sept.; also 3 acts for promoveing the knowledge of the grounds of salvation and observing the rules of discipline.

Sept.—A visitatione of the universitie (appointed by the English), satt att St Androus; the measters being called, did insinuate as mutch as that they were not fullie satisfied with ther power; they enquired for the names of the measters, which they receaved, and for the names of the students, which they did not receave, because not present. They gatt ther rentall also, with a sight of the books of the foundation, as also an extract of the act of the universitie, appointing all that were graduat to subscribe the covenants. They desyred that no vaking place in the colledge be filled till they were acquainted. They lodged at James Suords house. They went from thence to Aberdeine, where they deposed Doctor Guilde, and established Mr Jhone Row, minister ther, principall of the colledge. (The said Mr Jhone, with Mr Menzies, not long before, had turned anabaptists, and did refuse to baptize infants att all.)

Feb.—Mr Patricke Gillespie, minister of Glasgowe, (bot deposed by the Generall Assemblie), was admitted by the English to be principall of the Colledge of Glasgowe. (A litell time before this, Mr Jhone Row, minister of Aberdeine, was admitted by the English to be principall of the Colledge of Aberdeine.)

Jul. 20.—The Generall Assemblie satt downe att Edenbroughe, the which day Mr Robert Douglas and Mr David Dicke, both ministers of Edenbroughe, did preach. After the sermons ended, they mett in the ordinary place of meitting, and after Mr David Dick, moderator for the time, had prayed, he began to call the rolle; in the meane time, ther comes in two Louetennant Collonells of the English forces, and desyred them to be silent, for they had some thing to spake to them: So one of the Louetennant-Collonells began to aske them by what authoritie they mett?—if by authoritie of the late parliament, or by authoritie of the commander of the forces in chiefe, or if by the authoritie of ther late king? The moderator desyred that those that were not members of that Assemblie might remove, that so they might give a modest answer to these gentlemen. He desyred further, that all the names of the members of that Assemblie might be given him. The moderator replied that they could not give them, because ther names were not called; bot if he wold have a litell patience till they called the rolle, he sould have them. He ansuered, if it were not longesome he sould doe it. So the moderator beganne at the presbetrie of Argile, to examine ther comission; hire the English officer replied that that wold prove tedious, so that he could not waite upon it, bot desyred them to remove and to be gone; and, if they wold not, he had instructions what to doe. Upon this the moderator, in name of the Assemblie, protested that they were Christs court, and that any violence or injurie done to them might not hinder any meitting of thers when convenient occasion sould offer itselfe. He desyred they might pray a word before they dissolved. The moderator beganne prayer, and after he had spoken 5 or 6 sentences, the English officer desyred them againe to be gone; notwithstanding, the moderator went on in prayer, bot was forced att lenth to breake of, so they arose and came foorth. All this time ther was a company of English footmen in the kirke, waiting upon them, and a troupe of horsemen att the Port. After the ministers were come fourth, they were gairded on both hands up the way (by the said footmen), to the Whyhouse, where they were caried alonge to the Port, and from thence to the Quarrell-holls, where they made them to stand. The English required againe for all ther names; they said they were most willing, so they told all ther names. So the moderator protested againe att the said place. After ther names were wretten, they discharged them to meite againe, under the paine of being breakers of the peace; and that they might send for ther horses and be gone presentlie; for (said they) that they knewe they had ther horses in the towne. The moderator ansuered, that most of them had come from the other side of the water, with a purpose to stay a fourtnight, and for that cause had sent backe ther horses. Upon this, the English desyred them to goe backe to Edenbroughe and lodge ther all night, and to be gone before eght a cloke in the nixt day; and discharged that not above two of them sould be seine togither, and that they sould send ther names and ther lodging place to the court of gaird that night. So upon the nixt day, they went away to ther severall homes, and did not meite any more att that deyet.

Sept. 12.—Mr George Hamiltone, Mr Collen Edem, Mr Robert Bennet, and Mr David Guthrie, all ministers of the presbetrie of St Androus, were caryed by some of the English forces of Collonell Berries regiment of horse to Edenbroughe prisoners, because the day before, being the Sabath, they had prayed for the King. They returned the 20 of Sept. upon condition either to returne to Edenbroughe within a fourtnight, and to give assurance to the judges that they sould not pray any more for the King, or else to expect sequestration.

Sept. 27.—The provinciall assemblie of Fyfe satt att St Androus, where Mr Robert Blaire, minister of St Androus, was moderator. Mr Samuell Rutherfoord presented a peaper to the moderator, relatting to the sinns of the ministrie, bot it was not accepted; upon the refusall of it some words passed betuixt Mr Samuell Rutherfoord and the said Mr Robert Blaire, anent the publicke busines. About the close of this meiting, two English officers came in to the place where they satt; the judicatory enquired if they had come in with a purpose to sitt and voice with them? they ansuered, not; bot onlie they were commanded to come in to heare and sie, and that they acted nothing in prejudice to the comon-wealth. They ansuered that they had not so mutch as once nominated the comon-wealth since they satt downe; and that they (meaning the English officers), were the first that spake of the comon-wealth and not the assemblie. They appointed a visitation for Cuper and Creiche, and some brethren to corresponde with Angus and Stratherne.

Jan. 14.—Being Saturday, ther was a preparation sermon for a thanksgiving preached att Sconie, in Fyfe, for the continuance of the gospell in the land, and for the spreading of it in some places in the Hygh-lands in Scotland, where, in some families two, and in some families one, beganne to call on God by prayer. Mr Samuel Rutherford, minister in St Androus, preached on Saterday.... Observe, that on the Saturday, Mr Samuel Rutherford had this expression in his prayer, after sermon, desyring that the Lord wald rebuke presbetries, and others, that had taken the keyes and the power in ther hands, and keiped out and wold suffer none to enter (meaning in the ministrie), bot such as said as they said.

Apr. 4.—The provinciall assemblie of Fyfe satt at St Androus, where Mr Patrick Scougall, minister of Louchars, in the presbetrie of St Androus, was moderator; they did not mutch; the meiting was adjourned for a fourtnight; they rose the 6 of Aprill.... They appointed a fast to be keiped by this shyre on the last Sabath of May, being the 28 day of the month; which was done accordinglie by many. The causes were left arbitrary for every minister in his owne congregation.

Dec. 3.—The fast (appointed by the provinciall of Fyfe, at Kirkekaldie, 1654), was intimat at Largo by Mr James Magill, minister, to be keiped the following Sabath at Largo, viz. the 10 of Dec.; the causes were not reade, onlie he named them: 1st was the contempt of the gospell and breach of covenant; 2d was the great burdens and pressors that lay upon persons in the land, both in body and spirit; 3d was the small proficiencie in knowledge under the meanes and ordinances; the 4th was ane ordinance emitted by the Lord Protector Cromvell, and delivered to Mr Patricke Gillespie, when he was att London, this instant yeare, 1654, for the benefit of universities and preachers in Scotland: this being the titell of it; which, att on dash, did overthrowe the discipline and government of the church of Scotland by sessions, presbetries, and assemblies. The forsaid Assemblie gave a testimonie against this ordenance, which was appointed to be reade in sessions, and to be insert in the severall session bookes of the shyre of Fyfe.

Apr. 3.—The provinciall assembly of Fyfe met att Kirkekaldie, wher Mr James Wood, minister of St Androus, was chosen moderator. This meiting was adjourned to the first Tuesday of July, at which time they appointed ther meiting att Cuper. Ther was no more done att this meiting, bot a moderatour chosen, and the assemblie adjourned. This was occasioned by ane order emitted by Gen. Moncke, comander in chiefe of the English forces in Scotland, discharging all publicke meitings; so that Major Davesone, with some other English officers, came in to ther meiting, and did showe them that he was comanded to hinder them from meiting, or else to scatter them when they were mett; and after some conference betwixt the said Major Davisone and Mr James Sharpe, being moderator of the preceiding assembly, they dissolved, and mett no more att that time.

General Monke, Coll. Syler, and other English comissioners for universities in Scotland, (for so they desinge themselves,) emitted ane ordinance, bearing date Mar. 26, 1655, discharging all persons whatsoever to pray, in their publicke prayers or sermons, for the King, viz. Charl. the 2, as they wold not be censured as the comissioners thought fit; and withall discharged any to pay any maner of stipend to such ministers as sould transgresse hirein.

October.—This month the greatest pairt of the ministery in Scotland (if not all) left of to pray for the King in ther publicke prayers. May 1660, at his returne, they began againe to pray for him.

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4 Maii 1652.—Thair wes ane Synod Assemblie haldin at Edinburgh, quhairin thair wes much divisioun among the ministrie, namelie, be ane sequestrat number in the Presbyterie of Lynlithgow, quha wer evir contentious; and quhairas in that Synod the proceidingis of the Generall Assemble, haldin the yeir preceding, at Saint Androis and Dundie, wer ratifyed and approven by this Synod; yit a few of these within the Presbyterie of Lynlithgow did dissasent, and protestit aganes the lauchfulnes thairof, and urgit that thair dissasentis sould be registrat and recordit.

Besyde these, great errouris did creip into the church, and men war not aschamed to tak upone thame the functioun of the ministrie, without a lauchfull calling, and to preache, mary, and baptize, and offering publict disputes to mantene thair errouris. Witnes sindry Englische trouperis quha oppinlie taught in the Parliament Hous. Lykewyse ane Mr [Alex?] Cornuell, minister at or besyde Lynlithgow, quha did mary pepill privilie, sum of the women haiffing husbandis on lyff, and sum of these men haiffing ane or twa wyffes, and baptized old pepill, for the quhilk he was under the sentence of excommunicatioun.

21 Julij.—The Generall Assemblie met at Edinburgh, and sat doun, continuing thair sitting till Thursday the fyft of August 1652, of quhilk Generall Assemblie, Maister David Dik was chosin moderator. At this Assemblie, much debait, contentioun, and divisioun, evin by thame quho assumed to thame selffis the name of the Godlie pairtie; continuing, as of befoir, to protest aganes the procedingis of this Assemblie, as wes practized in the former Assemblie haldin at Santandrois and Dundie; putting in and out in the roll of the Godlie such as thai pleasit, not allowing ony to be of thair number quho wald not go along with thame in every thing, for that wes the marrow of the matter, being moir quick sighted then Elias, quho saw not one of the sevin thowsand quhome God haid reserved to himself; blowing up the fyre of contentioun; sending throw the cuntrie to draw of sum sevin or aucht of the ministrie to joyne with thame, making this accompt, that gif thai could get fyve or sex of the moist eminent men af, they cared not for the rest of the ministrie; professing also at thair conference, and utheris of thame in an oppin Synod, that thai wald never unite with the maist pairt of the ministrie of Scotland; flinging filth upone the faces of thair bretherene; and much moir of this kynd.

Aganes these protestatiounes gevin in by the Dissenting bretherene, the Generall Assemblie emitted ane Answer, &c.

Weddinsday the 20 of Julij, the Generall Assemblie convenit at Edinburgh, quhair thair wes twa sermoundis, ane befoir nune be Mr David Dik, the uther eftir nune be Mr Robert Douglas. Eftir both sermoundis, the Assemblie satt doun in thair ordinarie places of assemblie in the New Kirk of Edinburgh. Being placed, the Inglische commanderis pat ane gaird to the dures of the Assemblie; and sum of the commanderis with the gaird enterit in the Assemblie hous, demandit by quhat autoritie thai did sitt, or quho gave them that autoritie, or gif thai haid thair power from the Parliament of England or Commounwelth. Mr. David Dik being Moderatour, desyrit that a lytill space mycht be grantit to the Assemblie that thai mycht give ansuer. The Commander causit double his gaird, and commandit thame presentlie to ryse and dissolve thair meitting, and committit sum of thame to the gaird; thaireftir careyit mony of thame af the toun to the Borrow Mure, quhair straitlie thai wer commandit to go af the toun upone thair heichest perrell gif thai sould dissobey.

The morne thaireftir, being Thursday the 21 of Julij, a proclamatioun ischued out, proclamed at the Mercat Croce of Edinburgh, dischargeing all privat meetings of the ministrie, &c.

23 August, 1654.—Thair wes sum of the ministrie, callit Remonstratoris and Protestatoris, convenit in Sir Archibald Johnnestounes hous for ordoring sum of the Churches effaires, and censuring of sum of thair bretherene of the ministrie; quhilk being schawin to the Generall, they war dischargit, and commandit to dissolve thair meeting by ane Lievtenant Colonell Gaff, quha threatned thame gif thai sould sit ony langer, prohibitand thame to meit agane in such a manner as at that tyme they did, and that na twa of thame sould convene togidder in ony tyme thaireftir; quhilk command wes presentlie obeyit. It was alledgit, that the caus of thair meeting wes anent ane Commissioun, alledgit brocht doun at this tyme with Mr Johne Meinzeis and Mr Patrik Gillespie, granted by the Lord Protector to ane certane number of the ministrie and reuling elderis, for purging of the ministrie of the Kirk, and to do all thinges necessar, as the Generall Assemblie. Quhilk Commissioun (as wes alledgit) these of this meeting resolvit not to obey nor countenance, nor yit to be memberis of that commissioun, bot rather to suffer then to acknawledge it; and the ressoun (as wes alledgit be thame) was, that it wes gevin out by ane civill Judge, and, as the commoun brute was among the pepill, ane unjust usurper.

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Reverend and Beloved Brother,

The letters of our friends there to Mr Douglas and to Mr Jameson, [i.e. Mr Baillie,] also two to the general assembly, the one of an old date, the other since the defeat at Dunbar, came but lately to our hands. For fear of your hazard then, we thought it expedient to communicate them but to a few. At first were called together, the Lord Chancellor, the Marquis of Argyle, the Earls of Cassils and Lothian, with Mr Douglas, Mr Blair, Mr Jameson, and Mr Wood. One and all were very much refreshed and encouraged by the two publick most gracious and seasonable letters. The answer of them was remitted to the next meeting of the commission of the church the last of this month, where we purpose to make more publick use of these, if we shall then find it stand with your safety. In the mean time, Mr Jameson was appointed to give you some short account of affairs here, which be pleased to receive.

The whole eight days before the defeat at Dunbar, the Lord had so disposed, that, to the apprehension of most in both armies, a victory seemed to incline to our side; when, contrary to all appearance, the Lord, by our own negligence, had overthrown us. We have still lien under that stroke, not so much by any active prosecution of the enemy, as by the Lord’s hand now upon us, our divisions. A strong party in the north, whom we have excluded from our army for the late engagement, did put themselves in arms without publick order. It cost us some time before we could quiet them. That danger was scarce over, when another party in the west, whom we have permitted to rise, and from whom we expected ready and happy service against the enemy, fell in ways of their own, to our great and long disturbance, which we suppose Cromwell long before this has caused print. Very ______ answers were given, both by the church and state, as you will read here in the copies subjoined: A while, notwithstanding, they pursued in their diverse way. The enemy fell on them, and put them to a total rout, whereby he enlarged his quarters now where he pleases be-south Forth. However our grief and shame for this defeat be great, yet the loss of men was much within 100, and the prisoners are not so many; and among neither, any men of note, but Col. Ker, who is a prisoner. Strachan, indeed, the author of all this mischief, had before foully betrayed his trust, and since has gone unto the enemy.

These mischiefs have laid us now lower in the dust before the Lord. On Sunday next, the 22d of December, we have a general humiliation, most for contempt of the gospel, the fountain of all our plagues. On Thursday thereafter, the 26th, we have another, for the sins of the King’s family, old and late, which we fear may have influence, in the Lord’s controversy with us; yet for all this, we have not cast away our help and confidence in the Lord; but with more vigour than ever we purpose, with all possible diligence, to make use of all the remainder of our forces. The parliament the other week did call together the commission of the church, to be resolved how far it was lawful to employ, in this case of extreme necessity, these who, for some time, and while we had choice of men, were excluded from the service. The unanimous answer by them present you have here subjoined. By the blessing of God this may be a greater beginning of union among ourselves, and of a more happy acting against the enemy, than formerly. There are, indeed, some among us against the employing of these who before were excluded; but we hope that in a little time this shall change; so much the more, as in very few, in whom it is greatest, there yet appears the least inclination to comply with the enemy. And to guard the better against this evil, the church, the other day, passed the subsequent act, which the parliament is about to confirm, with a severe civil censure against all transgressors. After our foresaid applications to God on the 22d and 26th of this instant, we have appointed to crown our King, the 1st of January, at Scone, the ordinary place of our old coronations; and thereafter, so soon as we are able, to march with the strength of our nobility and gentry to Stirling, where it will be resolved, whether to go with the body of our army to England, leaving such a party here as to keep and guard the passes of Forth against the enemy; or, with the body of our army, to attend Cromwell here, and to send Massey to England with some thousand horse and dragoons. To the former the most part incline; but you with the next shall be acquainted with our conclusions. But, in the mean time, the necessity is apparent for the extraordinary diligence of our friends there to procure to us their possible assistance in this our so necessary undertaking for the common safety. The particular way we are thinking on, I leave to another letter sent herewith, and to the instructions given to the bearer, C. B., whom we have found a faithful, wise, and diligent agent for your desires to us, and whom we hope shall be no less such for our desires to you. We have great need of your earnest intercession with the Lord of Hosts for his powerful concurrence with us in this our great extremity. Expecting this duty of love from you and our dear brethren, I add but this one word, that the brethren there would be careful, as we have been, and purpose still to be, to lay, at this their new beginning, such foundations for their army and parliament, that the leading men in both may be firm and zealous to preserve the covenant, and our former principles, entire without violation; also, if it shall seem good in the Lord’s eyes to bless our mutual endeavours, that our friends there may be zealously conscientious, that what progress was made in the assembly of divines for the reformation of religion be not lost, but procured, until a final conclusion, and all be ratified by King and Parliament.

Your brother, and servant in the Lord,
Jameson.

The following letter [dated 2d January, 1651] was at first designed for Mr Dickson, but was enlarged and sent to Mr Spang.

Reverend and Dear Brother,

I sent the inclosed to you by Mr R. Ramsay, thinking you would have been at the meetings of Stirling and Perth, whither I was resolved not to go, notwithstanding of many earnest intreaties to the contrary; yet, after the dissolving of the meeting at Stirling, I followed to Perth, upon sundry letters from Stirling to me for that effect. Your absence was not well taken by many; though I verily think your presence would not have had more influence on the remonstrants than that of Mess. Douglas, Blair, Cant, Rutherford, Durham, Wood, and others, who could in nothing prevail with them. Of the whole matter, as it comes in my mind, I will give you a simple account, but to yourself alone, and after to the fire; for as in all the meetings I was silent, and a mere spectator, except one forenoon, wherein I in some things declared my mind, so I would desire to meddle as little as may be with this unfortunate strife.

After the woful rout at Dunbar, in the first meeting at Stirling, it was openly and vehemently pressed to have David Lesly laid aside, as long before was designed, but covertly, by the chief purgers of the times. The man himself did as much press as any to have liberty to demit his charge, being covered with shame and discouragement for his late unhappiness, and irritated with Mr James Guthrie’s publick invectives against him from the pulpit. The most of the committee of estates, and commission of the kirk, would have been content to let him go; but finding no man tolerably able to supply his place, and the greatest part of the remaining officers of horse and foot peremptory to lay down, if he continued not; and after all trials, finding no maladministration on him to count of, but the removal of the army from the hill the night before the rout, which yet was a consequence of the committee’s order, contrary to his mind, to stop the enemy’s retreat, and for that end to storm Broxmouth House as soon as possible. On these considerations, the state, unanimously, did with all earnestness intreat him to keep still his charge. Against this order, my Lord Wariston, and, as I suppose, Sir John Cheesly, did enter their dissent. I am sure Mr James Guthrie did his, at which, as a great impertinency, many were offended. Col. Strachan offered to lay down his charge, being unwilling more to be commanded by D. Lesly. Some more inclined to do so; but all were quieted by this expedient.

Mr Patrick Gillespie, by his diligence with some brethren of the west, had procured a meeting at Kilmarnock, of some chief gentlemen and ministers of the sheriffdoms of Ayr, Clydesdale, Renfrew, and Galloway, where he persuaded them, for the present necessity, to raise a strength of horse and dragoons, as they had designed in their association, but far above the proportion of any bygone levy. This conclusion obtained, he persuaded next to put all under the command of four Colonels, the likeliest men to act speedily against the enemy, Ker, Strachan, Robin Halket, and Sir Robert Adair. They made their account to make up the old broken regiments of these four to the number of 4000, beside volunteers. With this voluntary offer, Mr Pat. Gillespie, Sir George Maxwell, and Glanderston, rode to Stirling. However many did smell, and fear the design of a division, yet the offer was so fair, and promises of present acting so great, that easily, even by the Chancellor and Mr Robert Douglas’s procurement, they obtained an act of state for all their desires. By this they stopped all men’s mouths, and forced them of Renfrew and Carrick to join with them. The committee of Renfrew seeing the vast expences of the enterprise, (for the first rigging out would amount to 500,000 pounds, [£41,666:13:4], and the daily charge to 4000 or 5000 lib. upon the shires foresaid), were generally averse from the motion. My Lord Cassils kept off Carrick; Galloway also did disrelish the matter; but the committee of Clydesdale, consisting of a few mean persons, who were totally led by Mr Patrick and Sir John Cheesly, being very forward; the committee of Kyle and Cunningham being persuaded by Mess. J. Nevo, Gabriel Maxwell, and a few more ministers, the act of state supervening, quashed all farther opposition. All of us in our pulpits, myself as much as others, did promove the work. In a very short time 3500 horse are got together, with hopes, by volunteers, to make them above 5000. We were all in expectation of ready and happy acting, by infalls on the enemy’s quarters. But behold how all our hopes were soon most miserably blasted! Col. Strachan’s scruples were not only about David Lesly’s command; for in this his friends had procured him ample enough satisfaction, getting assurance, from the committee of state, that David Lesly should gladly permit the forces of the west to act apart, and never trouble them with any of his orders; but Strachan’s scruples went much higher. Since the amendment of his once very lewd life, he inclined much in opinion towards the sectaries; and having joined with Cromwell at Preston against the engagers, had continued with them to the King’s death. At that time, by Mr Blair, and our commissioners at London, he was somewhat altered; yet not so far as to join with us in covenant, till, by the great labours of Mr Ja. Guthrie and Mr P. Gillespie, his doubts were so far satisfied or smothered, that he was brought to content the commission of the church for that and divers other scandals against him: yet it seems that importunity has made him profess large as much compliance with us as his heart did yield to. His eminent service, first against Pluscardie, and then against Ja. Graham, got him the church’s extraordinary favour, to be helped with 100,000 merks out of their purses, for the mounting him a regiment; the greatest offering which ever our churchmen made at one time. This did not a little lift his spirit, and get him the far best regiment in the army. With the western recruit, it became stronger than any two regiments in the kingdom. At this time many of his old doubts revive upon him; which, by the knavery of his Captain-Lieutenant, Govan, and frequent messages of his late friends, Cromwell, and these about him, became so high, that though extraordinary pains were taken upon him, yet he would receive no satisfaction, so far as to act any thing against the enemy, except there might be a treaty. And it appeared therein, that Cromwell was not willing to retire, upon our assurance not to molest England on the King’s quarrel, whom he professed to be so far fallen from all his right to England, that, for his wrongs to Scotland, he ought at least to be banished the land, or made a perpetual prisoner.

Strachan’s axiom and debates put the whole army and committee of the west in such confusion and discouragement, that all acting against the enemy was impossible. But the matter stood not at this point. In our debates, at the time of the engagement, our publick professions were, of our clearness to fight against the English sectaries, for vindication of the covenant, and the King’s just rights, on the parliament’s grant to us of some few desires. Mess. J. Guthrie and Jo. Livingston their whisperings a little in the ear to the contrary, were not then audible. It was strange to me thereafter, when I heard Wariston and Mr Guthrie speak it out, that it would take a long debate to clear from the covenant, the lawfulness of an offensive war against Cromwell and his party; yet in a short time it appeared, that the quarrel of the King or covenant, or any quarrel tending to war with the English, became to divers more questionable than it wont to be. Whether a fear of the troubles of war, or a despair of conquering the King to the publick, or their own personal interests, or a desire to keep the government, not only in the form, but in the hands it was in, or truly judgement of mind, drew men to those changes of former professed principles, I cannot say; only a great deal of zeal was begun to be practised against all who did smell in any excess of favour towards the King. What strict acts of kirk and state were made against malignancy. What numbers were cast out of their charges in the church, state, and army. What bars were put to their re-admitting. You know too much pleading was for the justice of beheading the King, whatever fault was in the actors. Mr Guthrie and Mr Gillespie’s debates were passionate against the proclaiming of the King, till his qualifications for government had first been tried and allowed. You may remember the labour was taken to hinder the addresses to the King; and how like it was to have prevailed, had not the reason, authority, and diligence of Argyle, overswayed it; and, for all that could be said, the voting of Mess. Guthrie, Gillespie, Hutcheson, and Durham, that no commissioner should be sent till a change in the King should appear; and when it was carried to send commissioners, I will not forget the great study of some to make their instructions so rigid, that few had any hope the King would ever assent to them; and when, above hope, the King had yielded to all the commissioners had required, the industry of these same men to get new instructions posted away to Holland, which, had they come thither before the King’s imbarking, were expected by all should have ruined the treaty. Yet when, by the extraordinary favour of God, the King was brought into Scotland, to do what either kirk or state had required; and, upon this agreeance, the noise of Cromwell’s march towards us was grown loud, Sir John Cheesly, Hopeton, and Swinton, kept off, by their debates in parliament, the raising of our army so long, that we were near surprised; and when our army was got together at Leith, the same men helped, by their continual cross-debates, to keep all in confusion. Their strange affronting of the King at Leith; the putting of him to a new declaration; and, when he stuck but at some hard expressions, concerning the persons of his father and mother; their procuring from the kirk and state that terrible act of disclaiming his interest of the 13th of August; that same night, without the kirk’s knowledge, printed it, and sent it to Cromwell with a trumpet. All these things bred jealousies in the observers, what the intentions of some men might be; yet all was dissembled, till after the defeat at Dunbar these intentions broke out in their actions. So soon as they saw it probable that they were to have a force to be ruled by themselves alone, it became their work to have that army so great, and the other at Stirling so small, as they were able.

Then, in these meetings with Mr Gillespie, where Sir John Cheesly and some three or four burgesses did meet oft and long, propositions of a strange and high nature were in hand, as Robert Lockhart, who sometimes was present, did show to Argyle and others. The first vent of their motions was at the provincial synod in Glasgow, where Mr Patrick, Mr Hutcheson, Ker, Strachan and others, with much night-waking, brought forth that strange remonstrance of the synod, where Mr Patrick, obtaining a committee to consider the sins procuring the wrath of God on the land, did put such men on it as he liked best, and by them the framing of the draught was put upon himself, who quickly begat that pretty piece which I sent you. It doubtless had been the subject of more discourse, had it not been drowned in the subsequent more absurd one on the same head in the name of the army; for at the very first, it fell on the face of the general assembly and parliament, and condemns both for their first treating with the King, and for the renewing of it in a second address; but most for closing of it without evidence of his real change. Then these most bitter invectives against the state, for which Mr Patrick had used so high language with you and Mr Douglas, in face of the commission, at length are all brought in, with large additions, to any thing was then heard. I have oft of late regretted to see the judicatories of the church so easily led to whatever some few of our busy men designed, but never more than in the particular in hand. I am sure the most of that writ was without the knowledge of the most, and against the sense of many, of the brethren. Yet all was voted, nemine contradicente, except honest Mr W. Russel, Mr R. Ramsay, and Mr Jo. Bell, spoke a little to some words, but on the matter let all go. Fearing what was in hand, I could speak but little. The night before I expected nothing more should have been pressed but a keeping out engagers from the army. I loved not to appear in contradiction to some violent men; yet my heart being against their conclusion, I was, after much soliciting and prayer, brought to a necessity of contradicting, and had thought on some reasons for that point to have been mainly proponed for my dissent; although I doubt not but my impatience and canker had broken out, if I had heard, which I had never dreamed of, their invectives against the treaties; but the Lord, in a very sensible way to me, carried it so, that neither the synod was troubled with me, nor the peace of my mind by them. I once inclined to absent myself, and had indeed gone out, but behoved to return, not daring to take that course; but behold, when I was ready to go to the synod at that diet when the remonstrance came in, my Lord Cassils sent his man to call me to speak with him at his lodging. While we are a little serious about sundry of the publick affairs, I found that more time had gone than either of us had observed, and telling him that my absence from the synod might be mistaken, I took my leave, and with all haste I got up to the church; where I found, at my entry, that all the debates on that paper were closed, and after thrice reading, it was going to the vote. I adored divine providence, who truly beside my purpose, but much to my content, had given me a fair occasion to say nothing of a writ, whereof I never heard a line read. This, for the time, and since, was a satisfactory ground for my silence, to my own mind, in that remonstrance which brought to the consenters, let be the contrivers, but small credit; the commission of the church having so far disavowed it, as for no request they could be induced to countenance it towards the committee of estates; but Mr Patrick behoved to present it himself, without the company of any from that meeting, which would have made a noise, had not the second remonstrance filled the ears of the whole kingdom with a louder sound.

Mr R. Ramsay and others had pressed that for removing of jealousies from many who were then speaking their doubts of some mens intentions, that the officers of the army should put forth a declaration of their designs. To me the motion savoured not. Since the raising of these forces were allowed by the states, all declarations from particular officers seemed needless; yet, on the synod’s motion to Colonel Ker, a declaration by him and his fellows was promised, and presently gone about by Mr Patrick and the chief associates then present. But, as Mr Patrick told us, it was laid aside by the advice sent them by Wariston from Stirling, and Mr James Guthrie, betwixt whom and them the posts then and thereafter ran very thick night and day, not so much on that ground, he told us, that they thought it illegal for such private persons to make publick manifestoes, as for that, as I suspect, which he told us not.

About this time, the King’s head was filled by some unhappy men about him, especially Dr Fraser and Henry Seymour, with many extreme fears. After the affront at Leith, they had raised suspicions in his mind, which, upon the defeat at Dunbar, were increased, but, by the separate rising in the west, brought near to the head of a design to break the treaty with him, and agree upon his expenses with Cromwell. Upon these motions, the malignants in the north stept in, and, by the forenamed persons, began a correspondence for the raising of the north for his present service, under the conduct of Middleton. So many noblemen were on this unhappy enterprise. Crawford was given out for its head and contriver, albeit he professed to me his opposition to it. Lauderdale knew of it; but he has said so far to me, that I believe him he opposed it to his power. However, the thing was so foolishly laid, and the King, by the counsels of these about him, was so various in giving order for that rising, sometimes commanding and then countermanding to rise, that all the party was put in a confusion; yet, by the information of these foresaid fools, the King being put in fear, that Lorn, going timely to bury a soldier, was drawing together his regiment to lay hands on him, contrary to his former resolutions; he took horse with some two or three, as if it had been to go a kawking, but crossed Tay, and stayed not till he came to Clowe in Angus. By the way he repented of the journey, and meeting with Lauderdale at Diddup, and Balcarras coming from Dundee by accident, was almost persuaded by them to return; yet, by Diddup and Buchan he was kept in Clowe. But when he came to that miserably-accommodated house, and in place of the great promised forces, he saw nothing but a small company of highlanders, he presently sent for Robert Montgomery, who was near with his regiment, and without more ado, did willingly return, exceedingly confounded and dejected for that ill-advised start. When it was first blazed abroad, it filled all good men with great grief, and to my own heart it brought one of the most sensible sorrows that in all my life I had felt. Yet his quick return of his own accord, and his readiness to give all satisfaction for that failure, and his kind receiving by the committee of states, among whom he ever sat after his return, (though never before), turned our grief suddenly into joy, his absence not lasting above two full days. Yet all men were not so soon satisfied.

Sundry of them who had been on the plot, fearing a discovery and punishment, flew to arms; Lewis Gordon, Ogilvie, Athol, and others, under Middleton’s command, putting out a number of fair pretexts for their rising. This might have destroyed all; yet, by God’s mercy, all was quickly quieted. D. Leslie, with all his horse, marched towards them; the King wrote earnestly to them to lay down. The committee of estates sent a fair act of indemnity, and so without more ado they went home. Mr James Guthrie had well near marred this peace; he moved Middleton’s summar excommunication. Mr R. Douglas, and most number present, were against it; yet Mr James and Mr Patrick, by two or three votes of elders, obtained it. And though the committee of estates, by an earnest letter, intreated Mr James to delay a little the execution, yet on the next sabbath he executed the sentence to the regret of many.

When the northern storm was ended, the western winds began to blow the louder. I told their declaration was kept in by advice from Stirling, as many thought, to make vantage of the new failings at court; for these were looked on with a greedy eye, and exaggerated to the height of truth. When, with a great deal of expenses and trouble, our forces in the west were levied, and present action against Cromwell promised and expected, their very first march is to Dumfries, the farthest place they were able to chuse from the enemy’s quarters. The pretence was to attend the motion of the enemy coming from Carlisle; but when the party which went from Edinburgh to fight them, neither in the going nor coming, was looked upon, nor any good at all done by that long march, but the hazarding the country, and the spoiling of a number of noblemen and gentlemen of their saddle-horse, and lying still at Glasgow, while Cromwell took up Glasgow. This made it visible they had some other thing in hand than to mind the enemy. By their earnest missives they had brought Wariston from Stirling to Dumfries. There, after some debate, the draught of the remonstrance is brought to some perfection, you see. It seems one main end of both remonstrances was to satisfy Strachan, and for that end they came up well near to his full length about the King and the state, the malignants and England. For in this last paper they are clear in condemning the treaty as sinful, and notwithstanding of it to suspend the King’s government till he should give satisfactory evidence of his real change, whereof they were to be judges, who were never like to be satisfied, although they were never like to be troubled with the judging of these signs; for the King who had started away upon the suspicion of these things, upon the sight of them in an army-remonstrance, was not like to stay: so on this escape the government of the kingdom, and the distribution of the royal rent in new pensions, all the former being void, fell in our own hand; and if the king should have ventured to stay, then an effectual course was moved to be taken with him to keep him from joining with malignants, which could not be but by a strong guard or imprisonment; albeit this was needless, if the course against malignants had been taken to put them out of all capacity to hurt the people and cause of God; for this could not be but by executing, forfaulting, and imprisoning of the chief of them, as we thought fit.

As for our present state, so many and gross faults were pressed against Argyle, the Chancellor, Lothian, Balcarras, and others, that in all reason they behoved to be laid aside, and our state modelled of new; so that no active nobleman should have any hand therein; and as for England, they might rest secure of our armies, not only till church and state should agree on the lawfulness and expediency of that war was found, but also a clear call from England should appear; and if we could not mar the one, and Cromwell the other, yet we behoved to move nothing of bringing this King to England, whom we had found unmeet to govern Scotland, and though thereafter he should change never so much to the better, yet it was injustice for us to meddle with a kingdom not subordinate to us. Thus far the remonstrance went on, and closed with a solemn engagement on all their hearts, if God blessed their armies, to see all these things performed. I have oft marvelled that Strachan remained dissatisfied for all this; for I verily think, whatever he or Cromwell could have desired in Scotland, would easily have followed upon the former premises.

While these things are a-doing at Dumfries, Cromwell, with the whole body of his army and cannon, comes peaceably by the way of Kilsyth to Glasgow. The magistrates and ministers fled all away. I got to the isle of Cumray, with my Lady Montgomery, but left all my family and goods to Cromwell’s courtesy, which indeed was great; for he took such a course with his soldiers, that they did less displeasure at Glasgow than if they had been at London, though Mr Zachary Boyd railed on them all to their very face in the High Church. I took this extraordinary favour, from their coming alone to gain the people, and to please Strachan, with whom he was then keeping correspondence, and by whom he had great hopes to draw over the western army, at least to a cessation with him; as indeed he brought them by his means to be altogether useless; though, on a report of their march towards Edinburgh, he left the west in a great suddenty and demi-disorder.

So soon as the remonstrance was perfected, and all present at Dumfries professed their assent to it, except Strachan, conceiving it to be too low for his meridian, Mr Patrick and Mr John Stirling, with some of the gentlemen, went along with it to Stirling, and Wariston in their company. The commission of the kirk refused to meddle with it; only Mr Robert Douglas wrote to the presbyteries to send to the next meeting at Stirling, with their commissioners of the church, some more of their number, of greatest experience and wisdom, to advise in matters of great importance. The committee of estates, by Wariston’s means, at their first presenting, put no affront upon it; but what was a very dangerous error, gave too good words to the carriers; and, to allure them to action against the enemy, increased their forces, by joining with them the dragoons of Niddisdale and the Lennox; and overseeing also the feathers which they had drawn out of the Stirling’s wing, the putting them in hopes to get the Stirling’s nest, which made them march quickly west to Partick, in order to Stirling, thinking that Lesly and Middleton should have been in others flesh in the north: but to their open discontent, the northern storm being composed, and D. Lesly returned to Stirling, they turned their heads another way.

When, after my return to Glasgow, I saw their remonstrance, and Cromwell’s letter thereupon, on the occasion of Strachan’s queries, requiring a treaty, which at that same time he sent his prisoners, Mr Jaffray and Mr Carstairs, to agent, I was sore grieved, but knew not how to help it; only I sent the copies of all, with express bearers to Argyle and you at Inverary, and to the Chancellor at Perth, and Mr James Ferguson at Kilwinning, with my best advice to you all, and resolved myself to keep the next meeting of the commission on the call of their letter, to declare my dissent, if I could do no more. But behold, the next presbytery-day, when I am absent, Mr Patrick causes read again the commission’s letter, and had led it so, that by the elders votes, the men of greatest experience and wisdom of our presbytery were the two youngest we had, Mr Hugh Binning and Mr Andrew Morton. Then when it was pressed that I might be but added to them, it was, by a vote, refused, upon supposition it was needless, being clear I would doubtless go howsoever. These despiteful votes wrought so on my mind when I heard of them, that I resolved not to go, for all that could be said to me by many of the brethren; yet the clerk of the commission, at the moderator’s direction, writing a pressing letter to me from Stirling, I went along to Perth; where, by God’s good providence, I have staid since for many good purposes.

At the meeting of Stirling, there was a conference appointed of the chief members of the committee of estates, and commissioners of the church, on the remonstrance; wherein there were many high words about it betwixt Wariston and Mr R. Douglas, Mr R. Ramsay and Mr P. Gillespie, Mr James Wood and Mr James Guthrie, and others. No appearance there was of any issue. The time of parliament at Perth drawing near, the King, by his letter, invited the meeting of church and state to Perth. The desire of many was but to have some agreement before, if no other way were possible, as none appeared, that the remonstrance might be laid aside, and much of the matter of it be pressed in an orderly way by the commission of the kirk, and the forces of the west be joined with these at Stirling; since, for so long a time, they had acted nothing apart, and never like to act any thing for any purpose alone. The remonstrants were averse from these motions; so all was laid aside till they came to Perth: at which time a new conference was appointed, and four whole days kept in Argyle’s chamber. I then, and thereafter, was witness to all, and little more than a witness; for not being a commissioner, I thought meet to be silent. For the one side, Mr Patrick and Wariston spoke most; for the other, Argyle, the Chancellor, the Advocate, and Mr Douglas: but Mr Wood spoke most, and to best purpose. Mr Rutherford and Mr Durham said some little for sundry points of the remonstrance. Mr James Guthrie, most ingenuously and freely, vented his mind; for the principal point, (as he avowed he had oft before maintained), “That the close of our treaty was a sin, to promise any power to the King before he had evidenced the change of his principles; and the continuing that power in his hand was sinful till that change did appear;” though it was visible, that every day the kingdom languished under these debates, which impeded all action. There was no remedy. By no persuasion the remonstrance could be taken up; yea, the gentlemen gave in a petition to the estates at Perth, in the presence of the King, urging the answer thereof; from which petition they would not pass: yea, when they were most earnestly dealt with to conjoin their forces, all that could be obtained, both by publick and divers private entreaties of their best friends, Argyle and others, there was a willingness to join on two conditions: The first was, an express laying aside of the King’s quarrel in the state of the question; the other, to keep none in the army of Stirling but according to the qualifications in the act of parliament. When in these two all of the gentlemen and officers were found peremptory, the conference on Friday, the fourth day of it, was broken off as fruitless; though for their satisfaction, the parliament had been shifted from the Wednesday to the Friday, and from the Friday to the Tuesday again, for all the issue of blood, and starving, that was every day visible over the kingdom. Before the meeting, the remonstrants had a solemn meeting at Glasgow, by Mr Patrick’s call, where, the subscribing of the remonstrance was much pressed on the great committee of gentlemen and officers, by the ministers, who sat apart in the tolbooth, and called themselves the presbytery of the western army. That subscription was generally declined, and by no persuasion any more could be obtained, nor a warrant, subscribed by Crosbie, the president of the committee, to some few commissioners, to present the remonstrance to the state. Mr Robert Ramsay, sore against my mind, offered, in his own and my name, once and again, to come and debate in their presence, with the brethren, the injustice of that remonstrance. This offer was told them in the committee. All the answer it got was, that no man was excluded to come and propone what they pleased. Upon such entertainment we let them alone. Here it was where Strachan, before having laid down his charge, was commanded to go no more to the regiment; but he told them expressly, he could not obey. Some would have been at laying him fast, for fear of his going to the enemy; but lest that Ker and many more should thereby have been provoked, they let him alone. Govan, for his known correspondence with the enemy, was cashiered, and their scout-master Dundass also. Sundry of the officers were suspected to be of Strachan’s principles, albeit the most went not beyond the remonstrance.

When the conference was broken off, the Committee of state went about their answer to the petitioners, and there began debate. The most found the matter high treason; the divesting the King of his authority; the breaking of the treaty approven by kirk and state; the slandering highly of the judicatories; and engaging of private men to change the government. The deepness of these crimes troubled the judges; the respect the most of them had to the persons guilty, moving them to go far lower than the writ’s deserving, and all of them being resolved to make no more of it than was in the committee’s power to pardon; they went therefore no higher in the censure than you have in the sentence; from which yet near fifteen dissented for one or other word, though all professed their disallowance of the writ. This dissent was in the King’s presence. If he had been absent, as some would have persuaded him, the dissenting might have been greater; for Wariston was very long and passionate in his exhortation to wave it simply, which had been very unhandsome, since the parties peremptorily refused to take it up. At the sentence, the gentlemen stormed, but the ministers much more. It came next to the commission of the church. The states had given in their sense to them, and required the kirk’s judgement. Here came the vehement opposition. The remonstrants petitioned to have the present consideration thereof laid aside, lest the parties should be discouraged to act against the enemy. Mr Rutherford pressed this with much more passion than reason, and Mr Guthrie also. Here it was where I spoke but so much as declared my sense against the thing. Much dealing was still to take it up. Mess. Cant, Blair, Rutherford, and Durham, were sent to persuade them; but Mr Patrick was peremptory to shew their willingness to quit their life rather than their testimony. So when there was no remedy, at last, by Mr Douglas and Mr James Wood’s industry most, it came to that mild sentence which you see here subscribed. With it the parties were highly offended, and entered their loud protestation. Mr Blair came in the hinder end. He and you, by your letters, had signified your judgement much averse from the remonstrance; which in a scolding way was cried out by Mr John Nevo in Mr Blair’s face: to which he replied nothing. Mr David Bennet and Mr Hugh Peebles expressed themselves bitterly, and were answered accordingly by others. Our Provost, George, spoke in his protestation of something like sealing the remonstrance with his blood. All of them went out of town highly discontent; though as little occasion was given them as possibly could be, either by church, or state, or any person. I thought the separation exceeding unhappy, both to our west country and to the whole kingdom, but remediless, God giving over the chief misleaders, who had oppressed, to my grief, many others, to follow their own sense in that which the rest of us thought a high and dangerous sin.

Mr Patrick and Mr James Guthrie, where-ever they came, uttered their passion. I heard one who had married Mr Patrick’s sister’s daughter, report to Mr Douglas, that Mr Hugh Binning, with Mr Patrick, in Kirkaldy, had spoke like a distracted man, saying to Mr Douglas’s own wife, and the young man himself, and his mother-in-law, Mr Patrick’s sister, “That the commission of the kirk would approve nothing that was right; that a hypocrite ought not to reign over us; that we ought to treat with Cromwell, and give him security not to trouble England with a King; and whoever marred this treaty, the blood of the slain in this quarrel should be on their heads!” Strange words, if true. Always behold the fearful consequence of that pride of stomach. The state sent Col. Robert Montgomery west, to join the best part of the horse they had with the western forces, or any part of them that would join with him. For this end, he spoke with the commissioners of the west, at Stirling, who had been at Perth; but they shewed great averseness at any such junction. He wrote also to Ker for this effect, and marched towards Glasgow. On the Sunday at night he came to Campsie; but on the Saturday, Ker, with all his forces, lying at Carmunock, resolves to prevent Col. Robert’s approach, and by themselves to make an infall on the English before day.

Our intelligence was, that the English at Hamilton were but 1200; but Lambert lay there, with above 3000 of their best horse. They called ours above 1,500; but some double the number: for of all their forces, there was not above four or five of Strachan’s troops away. Some speak of treachery; for Govan, for all his cashiering, was re-admitted by Ker on fair promises. Strachan was not far off. It is certain when, at four o’clock in the morning, December 1, our men came to set on, the enemy were ready to receive them, having sounded to horse half an hour before, as it were for a march to Glasgow. All speak of a great rashness, as in an anger, or what else, to cast away these forces. Lieut.-Col. Ralston, with a small party of horse, entered Hamilton, and most gallantly carried all before him, killed sundry; some spoke of hundreds, other are within scores; however, he cleared the town of the enemy. Col. Ker, with fewer than 200, seconded him well; but at the end of the town, where the body of the English drew up again in the field at the back of a ditch, when Ker saw it not easy to pass, he retired a little, which they behind took for a flight, and all turned their backs; yea, the whole rest fled apart; not one would stay. The English pursued as far as Paisley and Kilmarnock that day; yet very few were killed. Some say, scarce twenty; not above eighty prisoners, whereof Col. Ker made one; as some say, deadly, as others, slightly wounded. Argyle said to me, he might have escaped if he would. The next day, 200 or 300, who rallied in Kyle, by Strachan’s persuasion disbanded; and himself, as fearing to be taken by us, went in to Cromwell, with Swinton, whose first work was, to agent the rendering the castle of Edinburgh, with their dear comrade young Dundass, who most basely, and, as yet it is taken, treacherously, gave over that most considerable strength of our kingdom. But of this more certainly afterwards.

The miscarriage of affairs in the west by a few unhappy men, put us all under the foot of the enemy. They presently ran over all the country, without any stop, destroying cattle and corn, putting Glasgow and all others under grievous contributions. This makes me yet to stick at Perth, not daring to go where the enemy is master, as now he is of all Scotland beyond Forth, [i. e. besouth Forth,] not so much by his own virtue as our vices. The loss of the west, the magazine of our best forces, put the state presently to new thoughts. We had long many debates about employing malignants in our armies. Some were of opinion that the acts of church and state were unjust, and for particular ends, from the beginning. All agreed, that common soldiers, after satisfaction to the church, might be taken in; but as for officers, noblemen and gentlemen volunteers, that we were not to take them in at all, at least not without an eminent degree of evident repentance. The most thought they might be employed as soldiers, on their admittance by the church to the sacrament and covenant. As for places of counsell and trust, that this was to be left to the state’s discretion. However, when the case was clearly altered, and now there was no choice of men, the parliament wrote to Mr Robert Douglas to call the commission extraordinary. A quorum was got, most of these of Fife. The question was proponed, of the lawfulness of employing such who before were excluded. The question was alledged to be altered from that which Mr Gillespie writes of, and that whereto Mr Guthrie had solemnly engaged, a defence of our lives and country, in extreme necessity, against sectarians and strangers, who had twice been victors. My heart was in great perplexity for this question. I was much in prayer to God, and in some action with men, for a concord in it. The parliament was necessitated to employ more than before, or give over their defence. Mr Samuel Rutherford and Mr James Guthrie wrote peremptory letters to the old way, on all hazards. Mr Douglass and Mr D. Dick had of a long time been in my sense, that in the war against invading strangers, our former strictness had been unadvised and unjust. Mr Blair and Mr Durham were a little ambiguous, which I much feared should have divided the commission; and likely bad done so, if with the loss of the west, the absence of all the brethren of the west had not concurred. However, we carried unanimously at last the answer herewith sent to you. My joy for this was soon tempered when I saw the consequence, the lothing of sundry good people to see numbers of grievous bloodshedders ready to come in, and so many malignant noblemen as were not like to lay down arms till they were put into some places of trust, and restored to their vote in parliament. Against this necessity for our very being, and hope that the guides of our state would, by their wisdom and virtue, and adherence of the church and good men, get kept what they had of authority, the Chancellor oft remembering us, that in this there was a great alteration of the case, that the King being now in covenant, the most whose malignancy stood in their following the King against the covenant, were no more to be counted malignants, the fountain of that evil being stopped in them, there was just ground why that blot and name of distinction in that respect should be now abolished. Another inconvenience was like to trouble us, a seed of Hyper-Brounism, which had been secretly sown in the minds of sundry of the soldiers, that it was unlawful to join in arms with such and such men, and so that they were necessitated to make a civil separation from such, for fear of sin, and cursing of their enterprises. The main fomenters of these doubts seemed not at all to be led by conscience, but by interest; for the officers of our standing army, since the defeat at Dunbar, being sent to recruit the regiments in the northern shires, little increased that number, but taking large money for men, and yet exacted quarters for men which were not; this vexed the country, and disappointed the service. The officers, by the new levies, thought it easy to be recruited at their pleasure; but an act passing, that the new levies should not recruit the old regiments, they stormed, and gladly would have blasted the new way for their own ends. Under these evils we wrestle as yet, but hope for a good end of these divisions also. In the mean time Cromwell is daily expected to march towards Stirling to mar the coronation, which, sore against my heart, was delayed to the first of January, on pretence of keeping a fast for the sins of the King’s family on Thursday next. We mourned on Monday last for the contempt of the gospel, according to Mr Dickson’s motion, branched out by Mr Wood. Also you see in the printed papers, upon other particulars the commission at Stirling, which appointed these fasts, could not agree. The remonstrants pressed to have sundry sins acknowledged which others denied, and would not now permit them to set down as they would what causes of fast they liked. Surely we had never more need of mourning, be the causes, what God knows, visible or invisible, confessed or denied, seen or unseen, by all but the most guilty. It cannot be denied but our miseries and dangers of ruin are greater than for many ages have been; a potent victorious enemy master of our seas, and for some good time of the best part of our land; our standing forces against this his imminent invasion, few, weak, inconsiderable; our kirk, state, army, full of divisions and jealousies; the body of our people besouth Forth spoiled, and near starving; the be-north Forth extremely ill-used by a handful of our own; many inclining to treat and agree with Cromwell, without care either of King or covenant; none of our neighbours called upon by us, or willing to give us any help, though called. What the end of all shall be, the Lord knows. Many are ready to faint with discouragement and despair; yet divers are waiting on the Lord, expecting he will help us in our great extremity against our most unjust oppressors.

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This day we have done that what I earnestly desired, and long expected, crowned our noble King with all the solemnities at Scone, so peaceably and magnificently as if no enemy had been among us. This is of God: for it was Cromwell’s purpose, which I thought easily he might have performed, to have marred by arms that action, at least the solemnity of it. The remonstrants, with all their power, would have opposed it: others prolonged it so long as they were able. Always, blessed be God, it is this day celebrated with great joy and contentment to all honest-hearted men here. Mr Douglas, from 2 Kings, xi. Joash’s coronation, had a very pertinent, wise, and good sermon. The King sware the covenant, the league and covenant, the coronation-oath. When Argyle put on the crown, Mr Douglas prayed well; when the Chancellor set him on the throne, he exhorted well; when all were ended, he, with great earnestness pressed sincerity and constancy in the covenant on the King, delating at length King James’s breach of the covenant, pursued yet against the family, from Neh. v. 13. God’s casting the King out of his lap, and the 34th of Jeremiah, many plagues on him if he did not sincerely keep the oaths now taken. He closed all with a prayer, and the 20th psalm.

Dundas and Major Abernethy have most basely delivered the castle of Edinburgh to Cromwell. All the ministers saw the treachery, and protested against it. Wariston, Sir John Cheesly, and the Provost of Edinburgh, who put them in that trust, contrary to the minds of others, have little credit by it.

Now the parliament having, by the needless length of some, sat so long, ended their session on Monday after twelve at night. None of the remonstrants are on the committee of estates. Wariston, with great difficulty, was got on. All dilligence will now be used to get up an army. The Lord be with us. Our greatest danger will be from famine. Now get victuals to starving Ireland. It were an happy benefit if your Hollanders would bring us in victual for money. The Spaniard, nor any other, could never, by their persuasion nor force, hinder them to trade where-ever they find gain. Is not this a strange slavery now, our love to the English murderers, that they for their pleasure should give over all trade with us their brethren and well-deserving friends? Though we should never be able to revenge their ingratitude, yet there is a God who will see to it. Our case will be exceeding hard if, before the summer, your Zealanders, on piety and pity, be not moved to bring us victuals for all the money we have resting; though it may be the Lord may be pleased to open some other door which yet is not visible to us.

Perth, January 2, 1651.

P. S.—I think to-morrow we shall give order to excommunicate Strachan, and relax Middleton the next sabbath. By the coming of some, all engaging officers and noblemen were all purged out of our army, but now I think all of them, without any considerable exception, are received. On this necessary conclusion, some turbulent men are like to be factious; but to-morrow a warning is to be put out for their reclaiming if possible. By God’s blessing, our affairs shortly may be in a better posture. Our great troublers, both in church and state, have set themselves aside. If God give us over to Cromwell, we expect little good from these men but a violent executing of all in their remonstrance; but otherwise I think they may be brought quickly to repent their needless quarrelling. However, the Lord’s will be done, who has begun to comfort us with the smallest appearance of better hopes.