scinded in the general, with many other excellent statutes made in that period; and therefore, by their 36th act, they particularly

have long groaned, and that it hath no warrant in God's word, but is founded only on the common law, and is a custom popish, and brought into the kirk in time of ignorance and superstition, and that the same is contrary to the second book of discipline, in which, upon solid and good ground, it is reckoned among abuses that are desired to be reformed, and unto several acts of general assembly, and that it is prejudicial to the liberty of the people, and planting of kirks, and unto the free calling and entry of ministers unto their charge: and the said estates being willing and desirous to promove and advance the reformation foresaid, that every thing in the house of God may be ordered according to his word and commandment; do therefore, from the sense of the former obligations, and upon the former grounds and reasons, discharge for ever hereafter, all patronages and presentations of kirks, whether belonging to the king or to any laick patron, presbyteries, or either, within this kingdom, as being unlawful and unwarrantable by God's word, and contrary to the doctrine and liberties of this kirk; and do repeal, rescind, make void, and annul all gifts and rights granted thereanent, and all former acts made in parliament, or in any inferior judicatory, in favours of any patron or patrons whatsoever, so far as the same doth, or may relate unto the presentation of kirks: and do statute and ordain, that no person or persons whatsomever, shall at any time hereafter, take upon them, under pretext of any title, infeftment, act of parliament, possession, or warrant whatsoever, which are hereby repealed, to give, subscribe, or seal any presentation to any kirk within this kingdom; and discharge the passing of any infeftments hereafter, bearing the right to patronages to be granted in favours of these for whom the infeftments are presented; and that no person or persons shall, either in the behalf of themselves or others, procure, receive,

or make use of any presentation to any kirk within this kingdom. And it is further declared and ordained, that if any presentation shall hereafter be given, procured, or received, that the same is null and of no effect, and that it is lawful for presbyteries to reject the same. and to refuse to admit any to trials thereupon; and notwithstanding thereof, to proceed to the planting of the kirk, upon the suit and calling, or with the consent of the congregation, on whom none is to be obtruded against their will. And it is decerned, statute, and ordained, that whosoever hereafter shall, upon the suit and calling of the congregation, after due examination of their literature and conversation, be admitted by the presbytery unto the exercise and function of the ministry, in any parish within this kingdom; that the said person or persons, without a presentation, by virtue of their mission, hath a sufficient right and title to possess and enjoy the manse and glebe, and the whole rents, profits, and stipends, which the ministers of that church had formerly possessed and enjoyed, or that hereafter shall be modified by the commission for plantation of kirks; and decern all titulars and tacksmen of tithes, heritors, liferenters, or others, subject and liable in payment of ministers' stipends, to make payment of the same, notwithstanding the minister his want of a presentation; and ordain the lords of session, and other judges competent, to give out decreets and sentences, letters conform, horning, inhibition, and all other executorials, upon the said admission of ministers by presbyteries, as they were formerly in use to do, upon collation and institution following upon presentations from patrons: declaring always, that where ministers are already admitted upon presentation, and have obtained decreets conform thereupon, that the said decreets and executorials following thereupon, shall be good and valid rights to the ministers, for suiting and obtaining payment

com

Act anent presentation of ministers. time coming, that presentations to these benefices, Forasmuch as the king's most excellent majes- kirks, or stipends, be granted by them to such perty, considering how necessary it is, for the right sons only, as shall give sufficient evidence of their and orderly administration of God's worship, piety, loyalty, literature, and peaceable disposiand the exercises of religion, and for keeping of tion, and shall in presence of the patron or his his good subjects within their duties they owe attorney, and of the sheriff of the shire, steward to God, to his majesty, to their native country, of the stewartry, or heritable bailie, or commisand fellow subjects, especially at this time, after sary of the bounds, if it be in the country, and so many confusions and distractions, both among of the magistrates of the burghs within the churchmen and others, that more than ordinary burgh, before the granting and their accepting care be had in presenting of ministers to all the presentation, take and subscribe the oath of such kirks as are or shall be vacant within this allegiance, the said sheriff, steward, bailie, con kingdom, hath given particular commission un-missary, and magistrates, having first taken the der his great seal, as to all presentations to all oath themselves. And it is hereby declared, parsonages, vicarages, and other benefices and that if any person who hath not so taken the kirks at his majesty's presentation. And as to oath of allegiance, shall be presented by any all other benefices and kirks, whereof the presen- patron, not only shall the presentation be void tation belongs to any other patron or patrons and null of itself, but the right of the patronage, whatsoever, his majesty with advice and consent as to that vacancy, shall belong to the king's of his estates of parliament, statutes and ordains, majesty, and the patrons be repute disaffected to that all patrons or persons whatsoever, who his majesty's government, and contemners of hath or pretends any right to the presentations his royal authority. And ordains these presents to any patronages, vicarages, or other benefices of to be printed, and published at the marketcure, kirks, or modified stipends, be careful in all crosses, that none pretend ignorance.

L

1661. still a dead weight upon, and | and the work of reformation," and had suf

really inconsistent with the presbyterian establishment. And that in time coming they might have a ministry every way obsequious to their impositions, made and to be made, the act ordains all who shall be presented to "take the oath of allegiance," or supremacy, before set down, and that under very severe penalties, both upon the presenter, and person presented, in case this be neglected: so very soon they got not only the civil government, but the ministry modelled to their wish.

A great many other acts were made by this parliament, which I pass, as not immediately relating to the history I am writing, and some of them very good ones, as that "against cursing, and beating of parents;" that "against blasphemy;" and one against "clandestine marriages." Their 52d act is a pretty singular one, appointing" all vacant stipends" at present, and for seven years to come, to be given " to ministers and others, their wives and bairns, who had been loyal in the late times," i. e. against presbytery,

fered for their adherence to the king's interests." By this clause, a good many of the protesters might have pleaded a share. Their last act was by some termed," an act for paying their own debts without money," and alleged to be neither just nor generous; but by others it was reckoned both equitable and good policy, after so general and great calamities. Thus the reader hath some view of the acts of this parliament, as far as they concern the constitution of this church, and our civil liberty. Before I leave this parliament, I shall, from the minutes I spoke of before, give some further account of their procedure, in a few hints, which could not offer themselves from the acts, as they stand in print. What concerns the processes against the marquis of Argyle, lord Warriston, Mr. Guthrie, Mr. Gillespie, and some others, will come in upon the following sections, where I am to give accounts of them by themselves.

January 4th, when they entered upon business, the oath of allegiance was taken by

of his stipend, and the presentation and decreet excepting always therefrom, these tithes which conform, obtained before the date hereof, shall the heritors have had and possessed, by virtue of be a valid ground and right for that effect, not- tacks set to them by the ministers, without any withstanding the annulling presentations by vir- deed or consent of the patrons; concerning tue of this present act. And because it is need- which it is provided, that the said tithes, at the ful that the just and proper interest of congre-issue and outrunning of the present tacks, shall gations and presbyteries, in providing of kirks belong unto the heritors respective; the said with ministers, be clearly determined by the heritors and the patrons abovementioned, each general assembly, and what is to be accounted of them for their interest, being always liable to the congregation having that interest; therefore, the payment of the present stipends to the minit is hereby seriously recommended unto the isters, and to such augmentation and provision next general assembly, clearly to determine the of new stipends to one or more ministers, such same, and to condescend upon a certain stand- as the parliament or commission for plantation ing way, for being a settled rule therein, for all of kirks, shall think fit and appoint: excepting time coming. And it is hereby provided, de- also such tithes as are and have been possessed and clared, and ordained, that the taking away of uplifted by the ministers, as their proper stipatronages and presentations of kirks, shall im- pends; concerning which it is hereby declared, port nor inforce no hurt nor prejudice unto the that the minister shall enjoy the same without title and right that any patron hath unto the any impediment, as formerly; it being hereby tithes of the parish, nor weaken his infeftment provided also, that this act shall prejudge no wherein the same is contained; but that the said person of the right, title, and possession of their title, right, and infeftment, shall in every re- tithes, by infeftments, tacks, and other lawful spect (so far as doth concern the tithes), be as rights acquired by them, and the predecessors valid and strong, as when presentations were in and authors, as accords of law. Likeas, the use. It is further statute and ordained, that estates of parliament renew the former acts, the tithes of these kirks, whereof the presenta- granted in favours of heritors, for valuing, leadtions are hereby abolished, shall belong heritablying, and buying of their tithes; hereby ordainunto the said patrons, and be secured unto them, and inserted in their rights and infeftments, in place of the patronage. Likeas, the estates of parliament declare said patrons their right thereunto to be good and valid, hereby granting full power to them to possess, sell, annalie, and dispone the same in manner after specified, as fully and freely as the minister and patron might have done, before the making these presents:

ing any patron, having right to these tithes made to them by this act, and having no right thereunto of before, to accept the value of six years' rents, according to the prices of valued bolls respective, enjoined and set down in the former act thereanent, and that for the heritable right of the said tithes, and for all title, interest or claim that the said patrons can have or pretend thereunto by virtue of this act.

By those written minutes of parliament, I observe, that most part of their meetings were in the afternoon, though the day was Nobility-Duke Hamilton, Montrose, Erbut short whether several members were rol, Marshal, Mar, Rothes, Athole, Hume, better in case for business, by that time of Haddington, Dumfries, Callendar, Hartfield. the day, I determine not; but I knew a Barons-Sir John Gilmour, Sir Peter Wed

derburn, Prestoun, Lie, Polmais, and it could not be got through that night. 1661. Carden, Dury, Tarbet, Collingtoun, To-morrow, it was again tossed. The earl Garff, Ardross, Balmain. Burghs-Provost of Loudon had a long and elegant speech, of Edinburgh; Provost of Perth; Dundee, vindicating himself from the aspersions in Alexander Wedderburn; Aberdeen, William the narrative of that act, and setting the Gray; Stirling, Duncan Nairn; Linlithgow, affairs in that period in a just light; but it Andrew Glame; Glasgow, John Bell; Air, had no weight: that act behoved to be William Cunningham; Haddington, John passed, and at length, with a great struggle, Beaton; Dumfries, John Irvine; Aber- it was carried. brothock, John Auchterbos, Hugh Sinclair. To those, with the officers of state, the nation owes the forming and framing of the acts formerly mentioned. The committee for trade and bills I need not insert, since it was mostly private business came before them the processes indeed against the marquis of Argyle and others began at them; and the lord Cochran was their president.

January 16th, the act discharging all meetings, convocations, leagues, and bonds, without the concurrence of the king, was, after much debate, carried, with a declaration that it looked only forward.

A proclamation by the commissioner and parliament was this day agreed to," ordaining all persons, who have not actual residence in Edinburgh, and are not obliged to attend the parliament, who had any hand in the remonstrance, or in contriving of, or assenting to the ends thereof, or in that wicked book called the Causes of God's Wrath,' to depart the town in forty-eight hours, and not to return, or remain within ten miles thereof, under pain of treason; except those who are already cited to appear for the crimes abovementioned." This was proclaimed at the Cross.

January 22d, the act agreed upon by the lords of the articles, disannulling the convention of estates 1643, was passed, after very much debate. The commissioner declared, "he had no order from his master to encroach upon our national covenant, or upon the consciences of the people: but as to leagues with other nations, he conceived they could not now subsist with the laws of this kingdom." About ten members dissented.

When the act rescissory was brought in by the lords of the articles to the house, February 7th, very long reasonings ensued,

Upon the 22d of February, the parlia ment grant a commission to visit the colleges of Aberdeen, and for removing of such of the masters as had intruded themselves unwarrantably, and reponing those who, without just cause, were put from their offices.

That same day, an act was agreed upon, for discharging the frequent coming of persons of all sorts from Ireland to this kingdom, to the disturbance of the peace of the state and church; and appointing, that none be admitted who bring not passes, bearing their peaceable deportment to the government there established, from the lord chief justices, privy council, or mayors of towns where they reside, under the pain of imprisonment of their persons: and that until they procure such passes, they are to appear before the privy council at Edinburgh, and give surety for their peaceable deportment. This act is ordered to be published at Glasgow, Ayr, Wigton, and Kirkcudbright. I know no reason of this extraordinary prohibition, unless it was to prevent the retiring of the Scots presbyterians in the north of Ireland, to their native country, now when they are beginning to feel the fury of the prelates there.

February 27th, the commissioner presented a letter directed from his majesty to the parliament, approving all their former proceedings, and declaring that he is ready to give a general remission to all Scotsmen, (except such as the parliament shall except) for their bygone actings, against his royal father, or him. Which was read with great joy, and ordered to be recorded as a glorious testimony of the king's favour; and the commissioner is desired to return the humble acknowledgments and thanks of the house.

The reader may have some view of the procedure of this first session of parliament,

from those hints; and for as arbitrary as a good many of the acts now passed will evidently appear, yet much heavier are a coming in the after parliaments. However, by those, one of the best formed civil establishments, and a most glorious ecclesiastical settlement, according to the rules of Christ in his word, were overturned, and a foundation laid for the bringing in of prelacy into the church, and arbitrary government to the state: This vast change in Scotland, was not brought about without some testimony given against it, which may be the subject of

SECT. II.

Of the efforts made by presbyterian ministers, for the preservation of the church during the sitting of the parliament; with some account of the violent treatment of synods, April and May, this year 1661.

ALTHOUGH the miserable rents in the church, the caution and cunning of the parliament's procedure, the fair professions made of a deep concern for those they called the honest ministers, and at length open force and violence upon the judicatories of the church, with some other causes, hindered what ought to have been done at such a critical juncture; yet several essays were made by ministers, to give such a testimony as their present ill circumstances would permit; and because what was then done is very little known, I shall give the larger account of it from well vouched narratives, and some original papers in my hands.

We have already heard that Mr. Robert Douglas, in his sermon before the parliament, dealt fairly with the members at the opening of the session. He was among the eldest ministers of the church, and of the greatest gravity and account; and having plainly warned them to do nothing against the work of reformation in this church, his freedom was not pleasing to the court, andneither he, nor almost any hearty presbyterians, were ever afterwards employed, especially after Mr. Wood and Mr. John Smith, had, in a little time thereafter, laid their duty freely before them. Timeservers and sycophants were afterwards employed, such as

1661.

Mr. Hugh Blair at Glasgow, Mr.
Paterson, and others, whose ser-
mons were carefully printed, and speak for
them to this day. Up and down the country,
many ministers warned their people fully and
faithfully of the evils coming in, and the dan-
gers the church of Scotland was in hazard
of, notwithstanding of the severe act, we have
seen, was published against ministers' free-
dom in preaching, by the committee of
estates.

Mr. M'Ward at Glasgow used very much plainness this way, and was staged before the parliament therefore, as we shall hear.

Mr. William Guthrie, minister at Fenwick, in the shire of Ayr, used the greatest of freedom and sincerity in his sermons at this time. I am too nearly concerned in this great man, to say much about him, and therefore choose to give this in the words of a worthy minister, his contemporary, in his character of him." In his doctrine Mr. William Guthrie was as full and free, as any man in Scotland had ever been; which, together with the excellency of his preaching gift, did so recommend him to the affections of people, that they turned the corn field of his glebe to a little town, every one building a house for his family upon it, that they might live under the drop of his ordinances and ministry." Indeed the Lord gave him an opportunity to bear a longer testimony against the defections of this time, than most of his brethren; till at length the malice of the archbishop of Glasgow turned him out in the (year) 1664, as we may hear. A good many ministers kept congregational fasts; and that was all almost they could do, since now there was scarce any opportunities of presbyterial or synodical appointments of this nature: and in some places where there were disaffected persons to delate them, ministers suffered not a little for this practice, and the plainness of their doctrine.

Somewhat likewise was endeavoured in judicatories. The ministers in and about Edinburgh, had the greatest opportunities of observing, and the earliest views of what was a doing, though the managers in parliament did their business as secretly and speedily as might be; and really much of the razing work was over before the minis