[51] With Mr. Welch other five G.o.dly ministers was banished for the same cause, viz. John Forbes, who went to Middleburgh, to the English staple there, Robert Dury, who went to Holland, and was minister to the Scots congregation in Lyden, John Sharp, who became minister and professor of divinity at Die in the Delphinate, where he wrote Carlus Theologeous, &c. and Andrew Duncan and Alexander Strachan, who in about a year got liberty to return into their former places. Calderwood's history, page ult.

[52] Fulfilling of the scripture, part 1st, page 450.

[53] This was the famous Leighton doctor of divinity in the two universities of St. Andrews and Leyden, who, for writing of Zion's plea against prelacy, was apprehended at London by two ruffians, and brought before arch bishop Laud, who sentenced him (besides a fine of 10,000 pounds) to be tied to a stake, and receive thirty-six stripes with a triple cord, and then to stand two hours in the pillory (which he did in a cold winter night), and then to have his ear cut, his face fired and his nose slit; and the same to be repeated that day seven night, and his other ear cut off, with the slitting of the other side of his nose and burning his other cheek; all which was done with the utmost rigour, and then he was sent prisoner to the fleet, where he continued, till upon a pet.i.tion to the parliament in 1640, he was released, and got for his reparation a vote of 6000 pounds, which it is said was never paid, and made warden of that prison wherein he had been so long confined, but through infirmity and bad treatment he did not long survive, being then seventy two years of age. See this more at length in Stevenson's history, vol. 30, page 948.

[54] Livingston's memorable characters, page 74.

[55] By the calculation of Mr. Livingston's account he behoved to be only 75 years of age; but Mr Calderwood makes him 77; and says he had an honourable burial, being accompanied with four or five thousand people to the grave. Vide his history, page 818.

[56] Mr. Blair says, that he told him, that for three years he durst not say, my G.o.d, and that his conscience smote him for the same.--Blair's memoirs, page 39.

[57] About this time the king created one marquis, ten earls, two viscounts and eight lords, and while he was in Scotland he dubbed fifty-four knights on different occasions. See Crawford's peerage, &c.

[58] This minister is supposed to have been Mr. Rutherford, who was by some said to be the author of that pamphlet, int.i.tled, The last and heavenly speech, &c. of John Viscount of Kenmuir.

[59] It would appear from the date of the last of Mr. Rutherford's letters to this n.o.ble lady, that she lived till or a little after the restoration.

[60] Mr. Livingston in his memorable Characteristicks, last edition.

[61] See Stevenson's history of church and state, vol. II. page 234.

[62] Bailey's letters, &c. page 587.

[63] See these articles in the history of church and state, vol. II. p.

745. and the civil wars of Great Britain, p. 20, &c.

[64] At that time the a.s.sembly sat in king Henry VIII's chapel, and when the weather grew cooler, in Jerusalem chamber, a s.p.a.cious room in Westminster abbey. The prolocutor, Dr. Twisse, had a chair set at the upper hand, a foot higher than the earth; before it stood two chairs for Dr. Burgess and Mr. White a.s.sessors: before these stood a table where Mr. Byfield and Mr. Roborough, the two scribes sat; upon the prolocutor's right hand sat the Scots commissioners; on the left hand the English divines to the number of about 118, whereof about two thirds only attended close. They met every day of the week, except Sat.u.r.day, six or seven hours at a time, and began and ended with prayer.

[65] Such as the author of the appendix to Spotswood's history, and others.

[66] Mr. Henderson's monument was afterwards repaired, as it now stands intire a little to the westward of the church. On one side the inscription begins with these words,

_Hanc quisquis urnam transiens, &c._

On another side it begins,

_Qui contra gra.s.santes per fraudem et tyrannidem._

And the English inscription on a third side--

Reader, bedew thine eyes Not for the dust here lies, It quicken shall again, And aye in joy remain: But for thyself, the church and state Whose woe this dust prognosticates.

The fourth side of the urn has no inscription.

[67] Mr. Bailey in his speech to the general a.s.sembly, 1647.

[68] It appears that he was also chaplain to the viscount Kenmuir about the year 1634.

[69] Such as our catechisms, directory for worship, form of church-government, and when the confession of faith was about to be compiled, they added to our Scots commissioners Dr. Gouge, D. Hoyt, Mr.

Herle the prolocutor, (Dr. Twisse being then dead), Mr. Gataker, Mr.

Tuckney, Mr Reynold's and Mr. Reeves, who prepared materials for that purpose.

[70] Mr. Bailey in his letters.

[71] See the preface to Stevenson's history.

[72] Although patronage be a yoke upon the neck of the church, which neither we nor our fathers were able to bear, contrary to Acts i. 13, &c. vi. 6. xiv. 23. 2. Cor. viii. 19. the practice of the primitive church, reason and the natural rights of mankind, yet in the beginning of our reformation from popery, it was somewhat more tolerable (not to say necessary) than now, when there were few ministers, the people but just emerging out of gross darkness, and our n.o.blemen and gentlemen then being generally not only pious religious men, but also promoters of our reformation (the quite contrary of which is the case at present); and yet our wise reformers, while in an advancing state, made several acts both in church and state as barriers against this increasing evil, and never rested until by an Act of Parliament 1649, they got it utterly abolished. Soon after the restoration this act among others was declared null, and patronage in its full force restored, which continued till the revolution, when its form was changed, by taking that power from patrons and lodging it in the hands of such heritors and elders as were qualified by law. But as if this had not been enough, to denude the people of that right purchased to them by the blood of Christ, patronage was, in its extent, by act of parliament 1712, restored, and is now universally practiced with as bad circ.u.mstances as ever.----And yet it is to be feared after all, that there are many now-a-days, more irritated and chagrined at this evil, because it more sensibly crosses their own inclination, then because it is an usurpation upon the church of Christ, else they would give a more ample testimony against the other branches of those incroachments made upon Christ's crown and royal dignity. These who would see more of the evil consequences of patronage, and popular elections vindicated, may consult _Rectius instruendum_; Park upon patronage; the suffrages of the people; the full vindication of the people's right, &c. a plea for the church of Scotland against patronage; the candid inquiry; and an attempt to prove every species of patronage foreign to the nature of the church, &c.

[73] And may we not tremble and be afraid of the same judgments? for how applicable is this to out case in Scotland at present, wherein these our national vows and covenants are not only slighted and neglected, yea flouted at by many in this profane generation, but even some having a more seeming zeal for religion, stand not to argue and say, "That although these covenants were binding on our forefathers who made and took them, yet they can be no way obligatory on us who were never personally engaged therein." But let such for certainty know, that as these solemn vows have their foundation in scripture, Numb. x.x.x. 7.

Deut. v. 3. Josh. xxiv. 25. Psal. lxxvi. 11. Isa. xix. 18. Jer l. 5.

Gal. iii. 15. The duties engaged to therein being purely theological and moral, they must have respect unto all circ.u.mstances and periods of time, and besides their form being _formalis ratio_, _i.e._ formal reason, and the action solemn, the majesty of heaven being both a party and witness therein, the obligation must be perpetual, which no mortal on earth can lawfully dispense with, and so shall bind and oblige all Scotsmen under penalty of breach of G.o.d's covenant while sun and moon endure.

[74] See the forementioned letter and note in a pamphlet int.i.tled, Some predictions or prophecies of our Scots Worthies, &c., from page 20 &c.

[75] This protestation had been given in a little before this, to a meeting of ministers in the little kirk of Edinburgh. See Calderwood's history, page 675.

[76] See his own history, page {illegible}32.

[77] Mr. Calderwood gave in a protest against the a.s.sembly 1649, for enabling the directory for election of ministers, which protest was not given in, so favours of patronage, as the author of the modest inquiry would insinuate, for Mr. Calderwood in his _Altare Damascenum_ hath affirmed once and again, in the strongest terms, the people's right to choose their own pastor.

[78] This gentleman entered advocate in the year 1648, and was, by the Protector, made one of the judges of the session in the year 1657, and became president in the year 1681. In the year 1682, he had to retire to Holland: in 1689, he was restored to his office, and in 1690, was created a viscount. He wrote the inst.i.tutions of the law of Scotland, and also published a system of physic greatly valued at that time, with a book int.i.tled, a vindication of the divine attributes, in which there is discovered great force of argument and sound knowledge.

[79] It is said that the presbyterians and independents being on a certain time to dispute before Cromwell, while he was in Scotland, in or about Glasgow, whereat Mr. Binning being present, managed the points controverted, that he not only non plussed Cromwell's ministers, but even put them to shame, which, after the dispute, made Oliver ask the name of that learned and bold young man, and being told his name was Mr.

Hugh Binning, he said, He hath bound well indeed, but clapping his hand on his sword, said, This will loose all again.

[80] According to the date of his exhortations at Kirkliston, June 11th.

1653, and his letter to lord Warriston, when on his death-bed affixed to his select sermons, dated Feb. 7, 1656, it should appear, if both be authentic, that he was at least two years and a half in the ministry.

[81] It appears that Mr Gray was some short time married to that worthy young gentlewoman, who afterward was married to Mr. George Hutcheson sometime minister of the gospel at Irvine.

[82] See these overtures at large in the account of his life prefixed in his commentary on the Revelation.

[83] See his letters, part iii. letter 27.

[84] See Stevenson's history, vol. 1. page 149. Rowe's history, page 295.

[85] It is reported, that when King Charles saw _lex rex_ he said, it would scarcely ever get an answer; nor did it ever get any, except what the parliament in 1661 gave it, when they caused to be burnt at the cross of Edinburgh, by the hands of the hangman.

[86] See his letter to Col. Gib, Ker, part II. letter 59.

[87] Betwixt this toleration and that of the duke of York there was this difference; in this all sects and religions were tolerated, except popery and prelacy; but in that of York these two were only tolerated, and all others except those who professed true presbyterian covenanted principles; and as for Queen Ann's toleration, it was nothing else than a reduplication upon this to restore their beloved {illegible} prelacy again.

[88] It is commonly said, that when the summons came he spoke out of his bed and said, Tell them I have got summons already before a superior judge and judicatory, and I behove to answer my last summons, and ere your day come I will be where few kings and great folks come. When they returned and told he was a-dying, the parliament put to a vote, Whether or not to let him die in the college. It carried, Put him out, only a few dissenting. My lord Burleigh said, Ye have voted that honest man out of the college, but ye cannot vote him out of heaven. Some said, He would never win there, h.e.l.l was too good for him. Burleigh said, I wish I were as sure of heaven as he is, I would think myself happy to get a grip of his sleeve to hawl me in. See Walker's Rem. page 171.

[89] See this testimony and some of his last words published in 1711.

[90] This appears to be these papers bearing the name of representations, propositions, protestations, &c. given in by him, and Messrs. Cant and Livingston to the ministers and elders met at Edinburgh, July 24th 1652.

[91] It appears that he married a second wife by whom he had only one child alive. See his letters part III. letter 55.