their religion and
liberties, according to the ecclesiastical and civil laws of the
kingdom." The king replied, "That if that was all that was to be
desired, the peace would soon be made." And after several particulars
were agreed upon, the king promised, "That all ecclesiastical matters
should be decided by an assembly, and civil matters by the parliament,
which assembly should be kept once a-year. That on the 6th of August
should be held a free general assembly when the king would be present,
and pass an act of oblivion, &c." The articles of the pacification
were subscribed June 18th, by the commissioners of both sides, in view
of both armies at kirks near Berwick, _anno_ 1639.

But this treaty was short-lived and ill observed, for the king irritated
by the bishops, soon after burnt the pacification by the hands of the
hangman, charging the Scots with a breach of the articles of the treaty,
although the earl of Loudon gave him sufficient proofs to the contrary.
Which freedom used by his lordship no way pleased the king; but he was
suffered to return home, and the king kept his resentment unto another
opportunity.

In the mean time, the general assembly sat down at Edinburgh, August
12th. Mr. Dickson was chosen moderator, and at this assembly, after
several matters were discussed, Messrs. Henderson and Ramsay entered
upon a demonstration, that episcopacy hath its beginning from men, and
is of human institution, &c. But they had not proceeded far, till they
were interrupted by Traquair, the king's commissioner, who declared he
did not desire them to fall upon any scholastic dispute, but how far
those in the reformation had found episcopacy contrary to the
constitution of this church; whereupon the truly noble lord Loudon
(being present) did most solidly explain the act of the general
assembly, 1580, which condemned the office of bishops in the most
express terms, prior to the subscription of the national covenant, and
because of a difficulty raised from these words in that act, _viz._ (as
it was then used) his lordship observed that in the assemblies 1560,
1575, 1576, 1577, and 1578, episcopacy came still under consideration,
though not directly as to the office, yet as to the corruption, &c.
and having enlarged upon the office of bishops as without a warrant from
the word of God, he concludes--"As we have said, so that the connection
between the assemblies of 1574, and of 1581, is quite clear; episcopacy
is put out a