proposition expressed at the beginning of this ninth reason For there they affirm it plainly that a man may swear secundùm rem juratam though he know that that which hee sweares to is against the meaning and sense of him that gives the oath Which is such a notable piece of equivocation and indeed of such dishonestie as is not to be expressed by Us in its proper name for no patron of equivocation hath yet out-gone it The tenth reason propoundeth an undoubted truth viz. that by swearing that confession none of these pretended innovations is abjured What then Is it not sufficient that by Our authoritie they are discharged and referred to the tryall of a generall Assembly and Parliament The 11. reason repeateth againe the dark parable of the March-stone which was in the sixth reason it would breake any mans teeth to cracke it and it is not to be hoped that ever any man will find the pith and kernell of it and therefore let it be as unintelligible as the sixth The 12. reason is such a one as certainly no rationall man could ever have dreamed of If we subscribe the confession by the Kings authoritie then it will be thought that we acquiesce in His Majesties Declaration and that wee are contented to be pardoned by Him and that is such a thing as it turnes all our glorie into shame by confessing our guiltinesse A strange fancie that men should account that a shame which the Scripture calleth giving glorie unto God But truly it is not farre from blasphemy when they affirme that God by the fire of his Spirit from heaven hath accepted their service If they meane their Covenant what more can be said of the holy Scriptures For sure to be indited by the Spirit and to be approved by the fire of the Spirit from heaven is much about one if there be any difference the odds will seeme to lye upon the acceptation of it from heaven by the fire of the Spirit for the Spirit descending upon the Apostles in fierie tongues was that which both sealed their calling unto them and enabled them for it and for inditing those holy Scriptures which they wrote And thus before they are aware they make themselves patrons of a notable point of Poperie viz. That their Covenant which sure was penned by men and so but a humane writing is of equall authoritie with the sacred Scriptures for if it bee approved from heaven by the fire of the Spirit it must bee so But Wee hope that every man will pitie this frenzie and give no credit to it untill they make it appeare unto Us when and where God from heaven by the fire of his Spirit did seale and approve this Covenant The 13. reason is a mad one indeed for it doth condemne the confession of faith which was first subscribed in 1580. upon which confession they doe solely ground their owne Covenant for that confession hath no such oath for reformation of life annexed unto it The truth is some thing they would have said against Our Declaration but they did not well know what their wits were runne very low when in an extraordinarie Vow and Covenant with God they would put in Reformation of life unto which every man is tied by the ordinary morall precepts both of Law and Gospel and by the doctrine of repentance contained in both For the reason which is in their 14.15 and 16. Reasons We leave it for them to find that can We are perswaded they will lose their labour who seek it After their Reasons they conclude with 7. Protestations which truly need not to be taken notice of for being grounded upon so weake and inconsiderable considerations the Reader is unreasonable like them if he should expect a conclusion stronger then the premises In the preamble to them take notice onely of their dangerous and fearfull approach unto blasphemy while they affirm That the Covenant made by them was sealed from heaven Their first Protestation is utterly invalid being Protestatio contra factum for it is plaine to the whole World that the rebellious distractions of that Kingdome proceed from them alone Their second Protestation is void most evidently upon the same ground for they themselves both by their publique instructions of which you have heard and in their private instructions of which you shall heare have used many prelimitations in all the particulars against which they protest but neither We nor any by Our authoritie have used any The third Protestation begins with a supposition which they themselves do know to be most false for both Archbishops and Bishops had at the time of this their Protestation both by the Acts of the Church and by the Acts of Parliament a settled office in the Church and have so still by Parliament nay and by Assembly too unlesse they do pitifully begge that which will never be granted them That their last Assembly at Glasgow was a lawfull Assembly after Our Authoritie had dissolved it And as it beginneth with a false supposition so it endeth with as false and foolish a position and petition For it maintaineth That all these who are to undergoe any tryall at the Assembly either upon any generall complaint already made or upon any particular accusation to be given in against them are to compeere at that Assembly not to have voice but as rei upon which ground none of themselves could have voice there for they were all liable to tryall and censure upon any particular accusation that was to be given in against them And then their petition is That the warning given to the Bishops by this Our Proclamation and this their Protestation should be a sufficient Citation to them to appeare as rei That their Protestation should be so Wee protest it is so foolish a request as We are confident no man ever heard of the like before nor could they expect that any man indued with reason would yeeld unto it And that our warning of the Bishops by Proclamation to appeare at the Assembly as We did all the rest of the members of it should make them appeare as rei is such a conceit as We wonder any man could light upon it unlesse they doe hold that every one of themselves was to appeare as reus too for all of them were warned by Our Proclamation to appeare at the Assembly as well as the Bishops In their fourth Protestation We onely admire their rare and undeniable impudence who dare affirme that their Covenant is approved from heaven with rare and undeniable evidences when all the Christians in the world except themselves and their faction who have heard of it doe acknowledge that no such Covenant or Combination can come from Heaven but from Hell from whence cometh all faction and schisme In their fifth Protestation they doe runne into an act of high treason for they appeale from Us and Our Councell which by an Act of Parliament is made high treason and which they know themselves was
of that employment by their places or such as are legally disabled to sit and decide in an Assemblie of the Church a meeting consisting of such members cannot be thought a free and lawfull Assemblie By that Act of Parliament Ja. 6. par 3. cap. 46. 1572. Everie Minister who shall pretend to be a Minister of Gods Word and Sacraments is bound to give his assent and subscription to the Articles of Religion contained in the Acts of our Soveraigne Lords Parliament and in presence of the Archbishop Superintendent or Commissioner of the Province give his oath for acknowledging and recognoscing of our Soveraigne Lord and his authoritie and bring a testimoniall in writing thereupon and openly upon some Sunday in time of Sermon or publike Prayers in the Kirk where hee ought to attend read both the testimoniall and Confession and of new make the said oath within a month after his admission under the paine that every person that shall not do as is above appointed shall ipso facto bee deprived and all his Ecclesiasticall promotions and living shall bee then vacant as if he were then naturally dead and that all inferiour persons under Prelats be called before the Archbishops Bishops Superintendents and Commissioners of the Dioceses or Province within which they dwell as the Act beares All of the Clergie conveened to this Assemblie pretend themselves to be Ministers of Gods Word and Sacraments and have benefices or other Ecclesiasticall livings yet neverthelesse the most part of them have never in presence of the Archbishop Bishop Superintendent or Commissioner of the Diocese or Province subscribed the Articles of Religion contained in the Acts of Parliament and given their oath for acknowledging and recognoscing our Soveraigne Lord and his authority and brought a testimoniall thereof and therefore they are ipso facto deprived and their places voyd as if they were naturally dead and consequently having no place nor function in the Church cannot be Commissioners to this Assembly hoc maximè attento that the said persons not onely have never given their oath for acknowledging his Majesties authority nor can shew no testimoniall thereupon as they are bound by the said Act but also having as subjects comprehended in the representative body of this Kingdome Promised to acknowledge obey maintain defend advance the life honour safety dignity soveraigne authority and prerogative Royall of his soveraigne Majesty his heires and successours and priviledges of his Highnesse Crowne with their lives lands and goods to the uttermost of their power constantly and faithfully to withstand all and whatsoever persons powers and estates who shall presume prease or intend any wise to impugne prejudge hurt or impaire the same and never to come in the contrary thereof directly or indirectly in any time comming as the Acts of Parliament Jacob. 6. Parl. 18. Cap. 1. Car. Parl. Cap. 1 doe proport And moreover being obliged at their admission to give their oath for performance of this duty of their allegeance and to testifie and declare on their conscience that the King is the lawfull supreme Governour as well in matters spirituall and Ecclesiasticall as temporall and to assist and defend all jurisdiction and authority belonging to his Majestie by the Act of Parl. 1612. yet notwithstanding of the said bands acts and promises whereby the said persons are so strictly bound to the performance of the premises his Majestie having ordained by Act of Councell at Holy-rood-house Septem 24. 1638. and proclamations following thereupon that all his Majesties lieges of whatsoever estate degree or quality Ecclesiasticall or Temporall should sweare and subscribe the said Confession together with a generall band for defending his Majesties person and authority against all enemies within this Realme or without have not onely refused to subscribe the said band and Confession but have in their Sermons and other speeches disswaded deterred impeded and hindred others of the lieges to subscribe the same and publickly protested against the subscription thereof and thereupon cannot conveen nor concurre lawfully to the making up of the body of an Assembly of the Kirk as being deprived and denuded of all place and function in the same A generall Assembly was condescended to out of his Majesties gracious clemencie and pious disposition as a Royall favour to those that so should acknowledge the same and acquiesce to his gracious pleasure and carry themselves peaceably as loyall and dutifull subjects which the Commissioners directed to this Assembly supposed to bee of the number of those that adhere to the last Protestation made at Edinburgh Sept. 1638. do not so account of and accept as appeares by the said Protestation whereby they protest That it shall bee lawfull for them as at other times so at this to assemble themselves notwithstanding any impediment or prorogation to the contray as also by continuing their meetings and Table discharged by authority refusing to subscribe the band according to his Majesties and Councels command for maintaining his Majesties Royall person and authority protesting against the same still insisting with the lieges to subscribe the band of mutuall defence against all persons whatsoever and remitting nothing of their former proceedings whereby his Majesties wrath was provoked thereby they are become in the same state and condition wherein they were before his Majesties Proclamation and pardon and so forfeit the favour of this Assembly and liberty to bee members thereof And others of his Majesties subjects may justly feare to meet with them in this convention for that by the Act of Parl. James 6. Parl. 15. cap. 31. Prelacies being declared to be one of the three Estates of this Kingdome and by the Act of Parl. James 6. Par. 8. cap. 130. all persons are discharged to impugne the dignity and authority of the three Estates or any of them in time comming under the paine of treason And whereas the King by his Proclamation declares Archbishops and Bishops to have voyce in the generall Assembly and calls them to the same for that effect as constantly they have been in use in all Assemblies where they were present as appeares by many Acts of the generall Assemblie ordaining them to keep and assist at the same as in the Assembly at Edinburgh Decemb. 15. 1566. At Edinburgh 6. March 1572. At Edinburgh May 10. 1586. and by a Letter written by the Assembly March 6. 1573. to the Regent earnestly desiring his owne or his Commissioners presence and the Lords of Councell and the Bishops at the Assembly They notwithstanding by the said Protestation Septemb. 22 declared Archbishops and Bishops to have no warrant for their office in this Kirk to be authorized with no lawfull Commission and to have no place nor voyce in this Assembly and withall doe arrogate to their meetings a soveraigne authority to determine of all questions and doubts that can arise contrary to the freedome of the Assembly whether in constitution and members or in the matters to be treated or in manner and order of
traduced doth redound to the reproach of Church and State and of the Gospell whereof they are Preachers 6. Lastly to omit many other informalities against their owne consciences which wee charge in the sight of God as they must answer before his great and fearefull tribunall if they suspect and know not perfectly according to the judgement of charitie them whom they thus accuse to bee free of these crimes wherewith they charge them at least of many of them as appeares evidently by the 11. Article of the said instructions having therein libelled the generall and have yet to seek the specification thereof from the malice of their neighbours if so bee they can furnish it By which informall and malicious proceeding it is most apparent that our said parties do seek our disgrace and overthrow most maliciously and illegally And therefore wee call heaven and earth to witnesse if this bee not a barbarous and violent persecution that all circumstances being considered hath few or none to parallel it since the beginning of Christianitie and if wee have not just cause to decline the said pretended Commissioners as our partie Moreover can these men expect but in a lawfull Assemble they were to bee called and censured for their enorme transgressions foresaid And will any man thinke that they can bee judges in their owne cause It is alleadged out of the Canon-Law against the Pope that if the Pope be at variance with any man he ought not to bee Judge himselfe but to chuse arbitrators And this may militate against them except they be more unruly then Popes Ludovicus Bavarus and all the Estates of Germanie with him did plead this nullitie against the sentence and proceeding of Pope John 22. and of his Councell And the Archbishop of Cullen 1546. did plead the nullitie of Paul 3. his Bull of excommunication because hee protested that so soone as a lawfull Councell should be opened hee would implead the Pope as partie being guiltie of many things censurable by the Councell But the late Protestation doth shew the authors thereof to bee no lesse injurious to our place and authority then they are over-weening of their owne For it is against reason and practice of the Christian Church that no Primate Archbishop nor Bishop have place nor voice deliberative or decisive in generall Assemblies except they be authorized and elected by their Presbyteriall meetings consisting of preaching and ruling Elders as they call them and without warrant or example in the Primitive and purest times of the Church This also doth inferre the nullitie of an Assemblie if the Moderator and President for matters of doctrine and discipline shall bee neither the Primate Archbishop nor Bishop but hee who by pluralitie of Presbyters and Lay-mens voices shall bee elected which happely may be one of the inferiour Clergie or a Lay-person as sometimes it hath fallen out Whereas canonically according to the ancient practice of the Church the Primate should preside according to the constitution of the first Councell of Nice Can. 6. of Antioch Can. 9. and of the Imperiall Law Novell constitut 123. cap. 10. and according to our owne Law For what place in Assemblies Archbishops and Bishops had in other Christian Nations the same they had no doubt in Scotland and yet still do retaine except by some municipall Law it hath beene restrained which cannot be showne For the restraint of their authoritie by the Act of Parliament 1592. is restored by the Act of Parliament 1606. and 1609. and all Acts prejudiciall to their jurisdiction abrogated Neither doth that Act 1592. establishing generall Assemblies debarre Bishops from presiding therein nor the abrogation of their Commission granted to them by Act of Parliament in Ecclesiasticall causes imply and inferre the abrogation of that authoritie which they received not from the Parliament but from Christ from whom they received the spirituall oversight of the Clergie under their charge whereto belongeth the Presidentship in all Assemblies for matters spirituall alwayes with due submission to the supreme Governour which is so intrinsecally inherent in them as they are Bishops that hoc ipso that they are Bishops they are Presidents of all Assemblies of the Clergie as the Chancellour of the Kingdome hath place in Councell and Session not by any Act or Statute but hoc ipso that he is Chancellour By Act of Parliament Bishops are declared to have their right in Synods and other inferiour meetings but by no Law restrained nor debarred from the exercise of it in Nationall Assemblies and the law allowing Bishops to bee Moderators of the Synods doth present a list in absence of the Metropolitan to whom of right this place doth belong as said is out of which the Moderator of the generall Assemblie shall be chosen For is it not more agreeable to reason order and decencie that out of Moderators of Synods a Moderator of the generall Assemblie should be chosen then of the inferiour Clergie subject to them As concerning that Act of the generall Assemblie 1580. whereby Bishops are declared to have no warrant out of Scripture if corruption of time shall bee regarded the authoritie of that Assemblie might bee neglected no lesse then that at Glasgow 1610. But it is ordinarie that prior Acts of Assemblies and Parliaments give place to the posterior for Posteriora derogant prioribus And there past not full six yeares when a generall Assemblie at Edinburgh found that the name of Bishops hath a speciall charge and function annexed to it by the word of God and that it was lawfull for the generall Assemblie to admit a Bishop to a benefice presented by the Kings Majestie with power to admit visite and deprive Ministers and to be Moderators of the Presbyteries where they are resident and subject onely to the sentence of the generall Assemblie As for that Act at Mont rose let them answer to it that have their calling by that Commission Wee professe that wee have a lawfull calling by the election of the Clergie who are of the Chapiter of our Cathedrals and consecration of Bishops by his Majesties consent and approbation according to the laudable Lawes and ancient custome of this Kingdome and of the Church in ancient times and do homage to our Soveraigne Lord for our Temporalities and acknowledge him solo Deo minorem next unto God in all causes and over all persons Spirituall or Temporall in his owne Dominions supreme Governour But now wee may take up Cyprian his complaint Lib. 3. Ep. 14. Quod non periculum metuere debemus de offensâ Domini quando aliqui de Presbyteris nec Evangelii nec loci sui memores sed neque futurum Dei judicium neque praepositum sibi Episcopum cogitantes quod nunquam omnino sub antecessoribus factum est cum contumelia contemptâ praepositi totum sibi vendicent Atque utinam non prostratâ fratrum nostrorum salute sibi omnia vendicarent Contumelias Episcopatûs nostri dissimulare ferre possem sicut
dissimulavi semper pertuli sed dissimulandi nunc locus non est quando decipiatur fraternitas nostra à quibusdam vestrûm qui dùm sine ratione restituendae salutis plausibiles esse cupiunt magis lapsis obsunt Lastly it is most manifest by the premises how absurd it is and contrarie to all reason and practise of the Christian Church that Archbishops and Bishops shall bee judged by Presbyters and more absurd that they should bee judged by a mixt meeting of Presbyters and Laicks conveening without lawfull authoritie of the Church How and by whom they are to bee judged according to the custome of ancient times may be seene by the Councell of Chalcedon Can. 9. and Concil Milevit Can. 22. and Concil Carthag 2. Can. 10. Nor do wee decline the lawfull triall of any competent judicatorie in the Kingdome especially of a generall Assemblie lawfully constitute or of his Majesties High Commissioner for any thing in life or doctrine can be laid to our charge onely we declare and affirme That it is against order decencie and Scripture that we should be judged by Presbyters or by Laicks without authority and Commission from Soveraigne authoritie For the reasons foresaid and many moe and for discharge of our dutie to God to his Church and to our Sacred Soveraigne lest by our silence we betray the Churches right his Majesties authoritie and our owne consciences We for our selves and in name of the Church of Scotland are forced to protest That this Assemblie bee reputed and holden null in Law Divine and humane and that no Church-man bee holden to appeare before assist or approve it and therefore that no letter petition subscription interlocutor certification admonition or other Act whatsoever proceeding from the said Assemblie or any member thereof be any wise prejudiciall to the Religion and Confession of Faith by Act of Parliament established or to the Church or any member thereof or to the jurisdiction liberties priviledges rents benefices and possessions of the same Acts of generall Assemblie of Councell and Parliament in favours thereof or to the three Estates of the Kingdome or any of them or to us or any of us in our persons or estates authoritie jurisdiction dignitie rents benefices reputation and good name but on the contrarie that all such Acts and deeds above mentioned and everie one of them are and shall be reputed and esteemed unjust illegall and null in themselves with all that hath followed or may follow thereupon And forasmuch as the said Assemblie doth intend as wee are informed to call in question discusse and condemne things not onely in themselves lawfull and warrantable but also defined and determined by Acts of generall Assemblie and Parliaments and in practice accordingly to the disgrace and prejudice of reformed Religion authoritie of the Lawes and Liberties of the Church and Kingdome weakning his Majesties authoritie disgracing the profession and practice which hee holdeth in the Communion of the Church where hee liveth and branding of Reformed Churches with the foule aspersions of Idolatrie and superstition wee protest before God and man That what shall bee done in this kinde may not redound to the disgrace or disadvantage of Reformed Religion nor be reputed a deed of the Church of Scotland Wee protest that wee imbrace and hold that the Religion presently professed in the Church of Scotland according to the Confession therof received by the Estates of this Kingdome and ratified in Parliament the yeare 1567. is the true Religion bringing men to eternall Salvation and do detest all contrarie errour Wee protest that Episcopall government in the Church is lawfull and necessarie and that the same is not opposed and impugned for any defect or fault either in the government or Governours but by the malice and craft of the Devill envying the successe of that government in this Church these many yeares by-past most evident in planting of Churches with able and learned Ministers recovering of the Church rents helping of the Ministers stipends preventing of these jarres betwixt the King and the Church which in former times dangerously infested the same keeping the people in peace and obedience and suppressing of Poperie which in respect either of the number of their professors or boldnesse of their profession was never at so low an ebbe in this Kingdome as before these stirres We protest that seeing these who for scruple of conscience did mislike the Service Book Canons and High Commission which were apprehended or given forth to be the cause of the troubles of this Church have now received satisfaction and his Majestie is graciously pleased to forget and forgive all offences by-past in these stirres that all the subjects of this Kingdome may live in peace and Christian love as becommeth faithfull subjects and good Christians laying aside all hatred envie and bitternesse And if any shall refuse so to do they may beare the blame and be thought the cause of the troubles that may ensue and the same bee not imputed to us or any of us who desire nothing more then to live in peace and concord with all men under his Majesties obedience and who have committed nothing against the Lawes of the Kingdome and Church that may give any man just cause of offence and are so farre from wishing hurt to any man in his person or estate notwithstanding all the indignities and injuries wee have suffered that for quenching this present combustion and setling peace in this Church and Countrey wee could bee content after clearing of our innocencie of all things wherewith wee can bee charged not onely to lay downe our Bishopricks at his Majesties feet to bee disposed of at his Royall pleasure but also if so bee it pleased God to lay downe our lives and become a sacrifice for this attonement We protest in the sight of God to whom one day we must give account that we make use of this Declinator and Protestation out of the conscience of our dutie to God and his Church and not out of feare of any guiltinesse whereof any of us is conscious to himselfe either of wickednesse in our lives or miscarriage in our callings being content everie one of us for our owne particular as wee have never showne our selves to be otherwise to undergo the lawfull and most exact triall of any competent judicatorie within this Kingdome or of his Majesties High Commissioner And we most humbly intreat his Grace to intercede with the Kings Majestie that he may appoint a free and lawfull Generall Assemblie such as Gods word the practice of the Primitive Church and Lawes of the Kingdome do prescribe and allow with all convenient speed to the effect the present distractions of the Church may bee setled And if there be any thing to be laid to the charge of any of the Clergie of whatsoever degree either in life and manners or doctrine or exercise of his calling and jurisdiction hee may bee heard to answer all accusations and abide all triall
unlesse they bee required so to doe by such as shall have lawfull authoritie from his Majestie to administer it unto them being confident that none either will or can take the said oath or any other oath in any sense which may not consist with episcopall government having his Majesties sense and so the sense of all lawfull authority fully explayned to them HAMILTOUN THat episcopall jurisdiction was in force by acts of parliament no wayes abolished nor suppressed in the yeare 1580. nor at the time of reformation of religion within the realm of Scotland doth evidently appeare by the acts of parliament after mentioned First by the parliament 1567. cap. 2. whereby at the time of reformation the Popes authoritie was abolished it is enacted by the said act That no bishop nor other prelate in this realme use any jurisdiction in time coming by the bishop of Romes authority And by the third act of the same parliament whereby it is declared That all acts not agreeing with Gods word and contrary to the confession of faith approved by the estates in that parliament to have no effect nor strength in time to come Whereby it is evident that it was not the reformers intētion to suppresse episcopacie but that bishops should not use any jurisdiction by the bishop of Rome his authority seeing they did allow episcopacie to cōtinue in the church that they did not esteeme the same contrary to Gods word and confession foresaid as appeares more clearly by the sixth act of the said parliament which is ratified in the parliament 1579. cap. 68. whereby it is declared That the ministers of the blessed Evangell of Iesus Christ whom God of his mercie hath now raised up amongst us or hereafter shall raise agreeing with them that now live in doctrine or administration of the sacraments and the people of this realme that professe Christ as hee is now offered in his Evangel and doe communicate with the holy sacraments as in the reformed kirks of this realme they are publickly administrate according to the confession of the faith to be the only true and holy kirk of Iesus Christ within this realme without any exception by reason of policie and discipline declaring only such as either gain-say the word of the Evangel according to the heads of the said confession or refuse the participation of the holy sacraments as they are now ministrate to bee no members of the said kirk so long as they keep themselves so divided from the societie of Christs body Whereby it is manifest that it was not the said reformers minde to exclude any from that society by reason of discipline and that they did not at that time innovate or change any thing in that policie they found in the said kirk before the reformation This is likewaies evident by the oath to be ministred to the king at his coronation by the eigth act of the said parliament wherby he is to sweare to maintaine the true religion of Iesus Christ the preaching of his holy word due and right ministration of the sacraments now received and preached within this realme and shall abolish and gainstand all false religion contrarie to the same without swearing to any innovation of policie and discipline of the kirk Secondly it doth evidently appeare by these subsequent acts of parliament that by the muncipall law of this realme archbishops and bishops was not only allowed in the kirk but also had jurisdiction and authority to governe the same First by the 24. act of the said parliament whereby all civill priviledges granted by our soveraigne Lords predecessors to the spirituall estate of this realme are ratified in all points after the form tenor therof And by the 35. act of the parliament 1571. whereby all and whatsoever acts and statutes made of before by our soveraigne Lord and his predecessors anent the freedome and liberty of the true kirke of God are ratified and approved By the 46. act of the parliament 1572. whereby it is declared that archbishops and bishops have the authority and are ordained to conveen and deprive all inferiour persons being ministers who shall not subscribe the articles of religion and give their oath for acknowledging and recognoscing of our soveraigne Lord and his authority and bring a testimoniall in writing thereupon within a moneth after their admission By the 48. act of the same parliament whereby it is declared that archbishops and bishops have authority at their visitations to designe ministers gleibes By the 54. act of the said parliament whereby archbishops and bishops are authorized to nominate and appoint at their visitations persons in every parochin for making and setting of the taxation for upholding and repairing of kirks and kirk-yards and to conveene try and censure all persons that shall be found to have applied to their own use the stones timber or any thing else pertaining to kirks demolished By the 55. act of the parliament 1573. whereby archbishops and bishops are authorized to admonish persons married in case of desertion to adhere and in case of disobedience to direct charges to the minister of the parochin to proceed to the sentence of excommunication By the 63. act of the parliament 1578. whereby bishops and where no bishops are provided the Commissioner of diocesses have authority to try the rents of hospitals and call for the foundations thereof By the 69. act of the parliament 1579. whereby the jurisdiction of the kirk is declared to stand in preaching the word of Iesus Christ correction of manners and administration of the holy sacraments and yet no other authority nor office-bearer allowed and appointed by act of parliament nor is allowed by the former acts but archbishops and bishops intended to continue in their authority as is clear by these acts following First by the 71. act of the same parliament whereby persons returning from their travels are ordained within the space of twenty dayes after their returne to passe to the bishop superintendent commissioner of the kirks where they arrive and reside and there offer to make and give a confession of their faith or then within fourtie dayes to remove themselves forth of the realme By the 99. act of the parliament 1581. whereby the foresaids acts are ratified and approved By the 130. act of the parliament 1584. whereby it is ordained that none of his Majesties lieges and subjects presume or take upon hand to impugne the dignitie and authoritie of the three estates of this kingdome whereby the honour and authority of the Kings Majesties supreme court of parliament past all memorie of man hath beene continued or to seek or procure the innovation or diminution of the power and authoritie of the same three estates or any of them in time coming under the paine of treason By the 131. act of the same parliament wherby all judgements jurisdictions as well in spirituall as tēporall causes in practice custome during these twenty foure yeares by-past not approved
proceeding which how it doth stand with his Majesties Supremacie in all causes and over all persons wee leave it to that judgement whereunto it belongeth and doe call God and man to witnesse if these be fit members of an Assembly intended for the order and peace of the Church Giving and not granting that the persons foresaid directed Commissioners in name of the Clergy to this meeting were capable of that authority and that the said Presbyteries had the authority to direct Commissioners to the generall Assembly yet have they now lost and fallen from all such right if any they had in so farre as they have deposed the Moderatours who were lawfully appointed to governe them by the Bishops in their Synods and elected others in their place contrary to the Act of the Assembly at Glasgow 1610. and Act of Parl. 1612. ordaining Bishops to be Moderatours at these meetings and in their absence the Minister whom the Bishop should appoint at the Synode So these meetings having disclaimed the authority of Bishops deposed their lawfull Moderatours and chusing others without authority cannot be esteemed lawfull convocations that can have lawfull power of sending out Commissioners with authority to judge of the affaires of this Church And yet doth the nullity of the Commissions flowing from such meetings further appeare in this that they have associate to themselves a laick ruling Elder as they call him out of every Session and Parish who being ordinarily the Lord of the Parish or a man of the greatest authority in the bounds doth over-rule in the election of the said Commissioners both by his authority and their number being moe then the Ministers whereof some being ordinarily absent and five or six or so many of them put in list and removed there remain but a few Ministers to voice to the election and in effect the Commissioners for the Clergie are chosen by lay-men contrary to all order decencie and custome observed in the Christian world no wise according to the custome of this Church which they pretend to follow the Presbyteries formerly never associating to themselves lay-elders in the election of the Commissioners to the generall Assembly but onely for their assistance in discipline and correction of manners calling for them at such occasions as they stood in need of their godly concurrence declaring otherwise their meeting not necessarie and providing expresly that they should not be equall but fewer in number then the Pastours as by Act of Assembly at Saint Andrews April 24. 1582. where Master Andrew Melvill was Moderatour doth appeare Like as these fourty yeares by gone and upwards long before the re-establishing of Bishops these lay-elders have not been called at all to Presbyteries And by the Act at Dundie 1597. whereby it is pretended that Presbyteries have authoritie to send these lay Commissioners it doth no way appeare that those lay-elders had any hand in chusing of the Ministers and this is the onely Act of the Assembly authorizing Presbyteries to chuse Commissioners to the general Assembly nor have lay elders sate ordinarily in Presbyteries upon any occasion these fourty yeares and upwards nor ever had any place nor voyce in the election of Ministers for the generall Assembly and consequently those chosen by them to this Assembly have no lawfull power nor authority Beside the persons Ecclesiasticall pretended to be authorized Commissioners to this Assemblie have so behaved themselves that justly they may be thought unworthy and uncapable of Commission to a free and lawfull Assemblie 1. For that by their seditious and railing Sermons and Pamphlets they have wounded the Kings honour and Soveraigne authoritie and animated his liedges to rebellion averring that all authoritie Soveraigne is Originally in the collective bodie derived from thence to the Prince and that not onely in case of negligence it is Suppletivè in the collective bodie as being communicate from the Commontie to the King Cumulativè not Privativè but also in case of mal-administration to returne to the collective bodie so that Rex excidit jure suo and that they may refuse obedience 2. Next they are knowne to bee such as have either beene schismatically refractorie and opposite to good order setled in the Church and State or such as having promised subscribed and sworne obedience to their Ordinarie have never made conscience of their oath or such as have sworne and accordingly practised yet contrarie to their promise and practice have resiled to the contempt of authoritie and disturbance of the Church or such as are under the Censures of the Church of Ireland for their disobedience to order or under the Censures of this Church or conveened at least deserving to bee conveened before the Ordinaries or a lawfull generall Assemblie for divers transgressions deserving deprivation As first for uttering in their Sermons rash and irreverent speeches in Pulpit against his Majesties Councell and their proceedings punishable by deprivation by the Act of Assemblie at Edinburgh May 22. 1590. Next for reproving his Majesties Lawes Statutes and Ordinances contrarie to the Act of Assembly at Perth Maii 1. 1596. Thirdly for expressing of mens names in Pulpit or describing them vively to their reproach where there was no notorious fault against another Act of the same Assemblie Fourthly for using applications in their Sermons not tending to the edification of their present Auditorie contrarie to another Act of the same Assemblie Fifthly for keeping conventions not allowed by his Majestie without his knowledge and consent contrarie to another Act of the same Assemblie Sixthly for receiving of people of other Ministers flocks to the Communion contrary to order Acts of Assemblies and Councels Seventhly for intruding themselves into other mens Pulpits without calling or authoritie Eighthly for usurping the authoritie to convent their Brethren and proceed against them to the Censures of suspension and deprivation Ninthly for pressing the people to subscribe a Covenant not allowed by authoritie and opposing and withstanding the subscribing of a Covenant offered by his Majestie and allowed by the Councell Beside many personall faults and enormities whereof many of them are guiltie which in charitie we forbeare to expresse But hereby it doth appeare how unfit these persons are to be members of a free and lawfull Assemblie Nor doth it stand with Reason Scripture or practice of the Christian Church that Lay-men should be authorized to have decisive voice in a generall Assemblie In that Act of Dundie 1597. whereby these Elders pretend to have this place there is no warrant expressed for them to deliberate and determine Their presence and assistance wee approve being allowed and authorized by the Prince The Kings Majesties presence in person or by his delegates wee hold most necessarie to see all things orderly and peaceably done and that hee have the chiefe hand in all Deliberations and Determinations Nor do we refuse that any intelligent or moderate man may make remonstrance of his opinion with the reasons of it in that way that becommeth him
afterward by his authoritie renewed then they needed not to have sit one houre longer for finding of that for any man that can read may finde the words and syllables of both to be the very same without the least alteration But if by their Covenant they doe understand their explications additions and glosses which destroy and corrupt the verie text of the first Covenant then certainly they should not have risen yet nor could have risen untill the end of the world for they will never finde that these corrupt glosses apocryphall additions of their owne can consist with Our Royall Father his Confession and Covenant upon which they pretend they ground their owne Besides as shall presently appeare they have discharged all men to subscribe the Confession and Covenant commanded by Our authority which Wee suppose they would not have done if they had found them to be one and therefore if they be men of their words they should have sate still and not risen yet because as yet they have not found them to be one After their seven reasons they adde seven protestations of the same piece with their reasons The first third fourth and fifth are not worth the reading for they conteine nothing but their usuall tautologies and taking the sacred name of God in vaine In the second and latter end of their sixth reason their is so much boldnesse expressed as could never have beene expected from any men who had been acquainted with the names of King Law Authoritie or Government For who ever heard that subjects durst require their Kings Commissioner not to depart out of the Assembly when he himselfe had pleased although he had not been commanded by Us so to doe what greater command could they have laid upon the meanest member of the Assembly then this by which they affronted Our Commissioner and in him Us and Our authoritie But their cytation of Our Councell who signed Our Proclamation to appeare as offenders before Us and Our three Estates of Parliament which by the way Wee wonder how they can bee made up without Bishops and to answer the subscription of Our Proclamation as a crime is a boldnesse that calleth more for admiration then refutation They cyte for this their doing the twelfth act of the second Parliament of Our Royall Progenitor James the fourth Wee wondered that in his dayes there should bee any warrant found for the allowing the members of a generall Assembly in any thing in whose time a generall Assembly had no existence but when we looked upon the act We wondered much more for there is not so much as any word to bee read there which can bee drawne to any shew of construction that way That act attributeth rather too much to Privie Councellours then diminisheth them so that upon perusall of the act We were almost inforced to excuse them and lay the fault upon the Printer who had mistaken the cytation untill Wee remembred that in their cytations both of other acts of Parliament and many passages of holy Scripture they are as farre out as in this hoping belike that the Reader would never peruse them That which they affirme about the middle of the sixth Protestation that the Prelates moved Our Commissioner to dissolve the Assembly We must averre upon Our owne knowledge to be farre otherwise for he did it by Our speciall commandement when none of the Prelates were neere Us to give Us any such advice Their seventh protestation is usuall with them and therefore now not to be taken notice of And now when the Reader hath perused both Our Proclamation for the dissolving of that Assembly and their Protestation against that Our Proclamation and hath well weighed all the precedent first violences and then jugglings for their obtayning of such persons onely to be elected as should be sure to stand for such conclusions as they had resolved upon at their Tables at Edinburgh We doe leave it to the judgement of every man to consider whether Wee could any longer continue that Assembly without indangering Our owne Royall authoritie which they intended to supplant and betraying into the hands and power of their sworne and combined enemies the Bishops of that Church who never declined nor yet doe decline the tryall of a generall Assembly lawfully constituted They did long call for a free generall Assembly Wee granted them one most free on Our part and in Our intentions But as they have handled and marred the matter let God and the World judge whether the least shadow or footstep of freedome can in this assembly of theirs be discerned by any man who hath not given a Bill of divorce both to his naturall light that is his Understanding and to his connaturall light that is his Conscience It is a great errour to conceive that libertie and limitation are destructive one of another for that freedome which admitteth no bounds and limits is not libertie but licentiousnesse When therefore they talked of a free generall assembly We tooke it as granted that they meant not an assembly in which every one both in the necessarie preparations preceding it and in the necessarie proceedings in it might say and doe what hee would but such an assembly in which no man having interest should bee barred either in the precedings to it or proceedings in it of that libertie which the lawes or customes of that Kingdome and Church in which that assembly was convocated doe allow him which two bounds whosoever shall transgresse though they pretend libertie and freedome yet in all true intendment construction they must be taken either for professed common or clandestine enemies to the freedome of that assembly What wresting and wringing was used in their last Protestation made at Edinburgh to charge Our gracious Proclamation with prelimitations is knowne and it was detested by many even of their owne Covenant Whether their courses especially in the elections of the members of this assembly were not onely prelimitations of it but strong barres against the freedome of it and such as did utterly destroy both the name and nature of a free assembly inducing upon it many and maine nullities besides the reasons contained in the Bishops Declinator let these few particulars declare First whereas they refused so much as to heare from Our Commissioner of any precedent treatie for repairing and right ordering of things before the Assembly alledging that it could not be a free Assembly where there was any consultation before either concerning the chusers or those to bee chosen or things to be discussed in the Assembly but that all things must be treated of upon the place else the Assembly must needs be prelimitated Whether they did not transgress in all these particulars is easie to bee discerned For besides these instructions which it may bee are not come to Our knowledge We have seen and Our Commissioner at the Assembly did produce foure severall papers of instructions sent from them who call themselves the Table all of
by his Highnes and three Estates in parliament are discharged and whereby it is defended That none of his highnes subjects of whatsoever qualitie estate or function they bee of spirituall or temporall presume or take upon hand to convocate conveen or assemble themselves together for holding of councels conventions or assemblies to treat consult or determinate in any matter of estate civill or ecclesiasticall except in the ordinary judgements without his Majesties speciall commandment or expresse licence had and obtained to that effect By the 132. act of the said parliament authorizing Bishops to try and judge ministers guilty of crimes meriting deprivation By the 133. act of the same parliament ordaining Ministers exercing any office beside their calling to be tried and adjudged culpable by their Ordinaries By the 23. act of the parliament 1587. whereby all acts made by his highnesse or his most noble progenitors anent the Kirk of God and religion presently professed are ratified By the 231. act of the parliament 1597. bearing That our Soveraigne Lord and his highnesse estates in parliament having speciall consideration of the great priviledges and immunities granted by his highnesse predecessors to the holy Kirk within this realme and to the speciall persons exercing the offices titles and dignities of the prelates within the same Which persons have ever represented one of the estates of this realme in all conventions of the said estates and that the said priviledges and freedomes have been from time to time renued and conserved in the same integritie wherein they were at any time before So that his Majestie acknowledging the same to he fallen now under his Majesties most favourable protection therefore his Majesty with consent of the estates declares that the Kirk within this realme wherein the true Religion is professed is the true and holy Kirk And that such ministers as his Majestie at any time shall please to provide to the office place title and dignitie of a Bishop c. shall have vote in parliament sicklike and al 's freely as any other Ecclesiasticall prelate had at any time by-gone And also declares that all bishopricks vaicking or that shall vaick shall be only disponed to actuall preachers and ministers in the kirk or such as shal take upon them to exerce the said functiō By the 2. act of the parliament 1606. whereby the ancient and fundamentall policie consisting in the maintenance of the three estates of parliament being of late greatly impaired and almost subverted especially by the indirect abolishing of the Estate of Bishops by the act of annexation Albeit it was never meaned by his Majestie nor by his estates that the said estate of bishops being a necessary estate of the parliament should any wayes be suppressed yet by dismembring and abstracting from them of their livings being brought in contempt and povertie the said estate of bishops is restored and redintegrate to their ancient and accustomed honour dignities prerogatives priviledges lands teindes rents as the same was in the reformed kirk most amply and free at any time before the act of annexation rescinding and annulling all acts of parliament made in prejudice of the said bishops in the premisses or any of them with all that hath followed or may follow thereupon to the effect they may peaceably enjoy the honours dignities priviledges and prerogatives competent to them or their estate since the reformation of religion By the 6. act of the 20. parliament declaring that archbishops and bishops are redintegrate to their former authority dignitie prerogative priviledges and jurisdictions lawfully pertaining and shall be knowne to pertain to them c. By the 1. act of the parliament 1617. ordaining Archbishops and Bishops to be elected by their Chapters and no other wayes and consecrate by the rites and order accustomed This is the Explanation and now followeth their answer which shall receive no reply as being confident that there is nothing in it that hath weakened any thing contained in the five reasons Onely where there is any new or dangerous position of theirs or any other thing which may seeme with any shew fit to be observed you shall finde it noted upon the margine as it here ensues AN ANSVVER TO THE PROFESSION AND DECLARATION Made by JAMES Marquesse of HAMILTON His MAIESTIES high Commissioner at Edinburgh An. 1638. in December THis ancient Kingdome although not the most flourishing in the glory and wealth of the World hath been so largely recompensed with the riches of the Gospel in the reformation and puritie of Religion from the abundant mercy free grace of our GOD towards us that all the reformed Kirks about us did admire our happinesse And King JAMES himselfe of happy memory gloried that he had the honour to be born and to be a King in the best reformed Kirk in the world Those blessings of pure doctrine Christian government and right frame of discipline we long enjoyed as they were prescribed by GODS own word who as the great Master of his family left most perfect directions for his own oeconomie and the whole officers of his house till the Prelats without calling from GOD or warrand from his word did ingire themselves by their craft and violence upon the house of GOD. Their craftie entry at the beginning was disguised under many cautions and caveats which they never observed and have professed since they never intended to observe though they were sworn thereto Their wayes of promoving their course were subtile and cunning as in abstracting the registers of the Kirk wherein their government was condemned in impeding yearly generall Assemblies whereunto they were subject and comptable and generally in enfeebling the power of the Kirk and establishing the same totally in their own persons whereby in a short time they made such progresse that being invested in the prime places of estate and arming themselves with the boundlesse power of the high Commission they made themselves lords over GODS inheritance and out of their greatnesse without any shew of order or Councell without advise of the Kirk but at their own pleasure enterprised to alter and subvert the former doctrine and discipline of this Kirk and introduce many fearefull corruptions and innovations to the utter overthrow of Religion and to make us no lesse miserable then we were happy before These pressing grievances did at length awake the good Subjects to petition his Majesty and his Councell for redresse And albeit at last after many reiterated supplications and long attendance his Majestie hath been graciously pleased to grant a free generall Assembly yet in the beginning by the credit of the Prelates and their commoditie of accesse his Royall eare was long stopped to our cryes and wee discharged under the paine of treason to meet for making any more remonstrances of our just desires In this distresse none other mean nor hope of redresse being left wee had our recourse to GOD who hath the hearts of all Kings and Rulers in his hand and
Episcopacy was still condemned notwithstanding all opposition made in the contrare As for the Kings oath the same containeth no mention of Bishops but by the contrary the King is obliged thereby to maintaine the true Religion of Jesus Christ the preaching of his holy word and right administration of the Sacraments then received and preached within this Realme And seeing it is cleared by the preceeding relation that Bishops were never allowed but oppugned by the Kirk of Scotland that oath doth not allow but exclude Episcopacy which is also more perspicuous in the short confession 1580. and 1581. when the Kirk set downe her constant policy in Doctrine and Discipline grounded upon the word of God wherein the Hierarchie is abjured as contrary thereto and craved an oath from his Majesty for maintenance thereof which now also our gracious Soveraign in the judgement of the Kirk of Scotland is obliged to maintaine as being founded upon the word of God and exclusive of Episcopacie as repugnant thereto The acts of Parliament thereafter particularly cited are these mentioned in order The 24. act 1567. ratifying all civill priviledges formerly granted to the spirituall estate and the 35. act 1571. Ratifying all acts made anent the freedome and liberty of the true Kirk the same cannot bee extended to the establishing of Episcopacy because it is not mentioned in these acts but by the contrary was abolished by the acts of the Assembly and Parliament before mentioned so that the priviledges therein mentioned are granted to such Kirk-men as then were received by the Kirk and Kingdome and the freedome of the Kirk must be interpret by her owne judgement who thought ever Episcopall jurisdiction an heavy bondage and yet those priviledges can inferre no spirituall jurisdiction but only civill priviledges some immunities and extemptions granted for the goods and persons of Kirk-men as is cleare 1. act Iames 1. Par. 1. and 26 act Par. 2. Iames 1. and 4. act Par. 3. Iames 2. with many others It is here to be observed that the carefull evolver of these acts of Parliament hath omitted to cite the 7. act 1. Parliament of King Iames 6. bearing the examination and admission of Ministers to be only in the power of the Kirk then openly and publickly profest and presentations to be made to Superintendents or others having commission from the Kirk and appealeth from them to the Superintendents and ministers of the Province and appealleth from these to the generall Assembly in all which gradations no mention of Bishops but they in effect excluded by that contrare distinction of the Kirk then openly profest because they were discharged by the foresaid second act 1567. and Superintendents were then permitted like temporarie Evangelists for the present necessity declared in the first booke of discipline ad ecclesiam constituendam but was abrogate from 1575. that the constant Policie of Ecclesia constituta began to be established As for the acts of Parliament 1572. and 1573. It is knowne by the records of the time that the Regent then laboured hard to bring in Arch-bishops and Bishops who were not dead but standing de facto provided to the power of these titulars of benefices to fortifie his owne designes and counter-ballance the authority of Ministers pressing the purity of reformation and so cannot be honourably alleadged for the Bishops at this time and yet it was done not by authority but by warrand of some Ministers of his owne party conveened at Leeth and was onely done for an interim and protested against by the next Assembly and yet neverthelesse by the said acts of Parliament the Arch-bishops Bishops Superintendents or Commissioners of Dioces or Provinces are joyned together which is wrongously omitted in the quotation to show that no Archbishop or Bishop quatales had any power but only being de facto standing provided in the title they were capable of a Commission from the Kirk which sometimes they obtained and in the book of Assembly are named such as are called Bishops and were under the Discipline of the Kirk and in the same Superintendents possessours and titulars of prelacies as well as Arch-bishops and Bishops are ordained to be called and conveened for that effect before the generall Assembly of the Kirk And yet none can say That the offices of Abbots Pryors c. were then retained howbeit the benefices were not extinct and few ill grant that when the Arch-bishops and Bishops office was in vigour they thought themselves subject to the generall Assembly as they are by the said act which is also fraudfully omitted in the quotation As for the acts of Parliament 1578. and 1579. It is answered that the Kirk in this meane time from the yeare 1575. was busied in abrogating Episcopacy and establishing the constant policie as is cleare by the printed acts of Assembly before the book of Discipline and unprinted acts of Parliament The Kirk by her Commissioners daily reasoning and agreeing with the Kings Majesty and his Commissioners upon these heads of policie whereupon the Parliament by the said 69. act 1579. declareth there is none other jurisdiction ecclesiasticall to be acknowledged but that which is in this reformed Kirk and floweth there-from which extinguisheth Episcopacy because it doth not flow from this reformed Kirk neither can produce its chartor from her for besides that it was abolished by the foresaid acts 1567. It was condemned also in the book of Policie and in the generall Assembly holden at Dundie 1580. and their whole estate spirituall and temporall condemned in the Assembly at Glasgow 1581. and so acknowledged by his Majesties Commissioner in the Assembly at Edinburgh 1581. so that by this act of Parliam 1579. The Bishops are so abolished that unlesse they be established by lawfull Assemblies of the Kirk no act of Parliament since sen can conduce for their establishment seeing this act with the other acts for their abolition standeth yet unrepealed And farther for the act of Parliament 1578. if the same contribute any thing for Episcopacy it must either be because Bishops are there mentioned or for the power thereby conferred upon them But both these are weak grounds The first because there is no Bishop there named but such as stood provided de facto on life which is an designation of the benefice which was not then extinct and not of the office which was extinct The power conferred upon them by the said act can give no strength to the argument because there is no jurisdiction granted thereby to them but only power to visit Hospitalls which the Parliam might have granted to any person but was most proper to these idle titulars of benefices who might best attend the same or imploy means for their reparation And this charge is likewise communicate by act of Parliament to all Chancellours of this Kingdome for the time being And as to the 71. act 1579. we repeat the former answers that Superintendents and Commissioners are there joyned with the Bishops to
after Our advices by Our Letters and Instructions to the rest at home and after many humble advertisements and remonstrances made from them to Us of the reasons of some alterations which they did conceive would remove divers difficulties which otherwise they feared this Booke would encounter with We were contented that the Service Booke should come out as now it is printed being fully liked by them and signed with their hands and perused approved and published by Our Royall command and authoritie In the perusall and approbation whereof We tooke speciall care that the small alterations of it in which it differeth from the English Service Booke should be such as We had reason to thinke would best comply with the mindes and dispositions of Our subjects of that Kingdome For We supposing that they might have taken some offence if We should have tendered them the English Service Booke totidem verbis and that some factious spirits would have endevoured to have misconstrued it as a badge of dependance of that Church upon this of England which Wee had put upon them to the prejudice of their Lawes and Liberties We held it fitter that a new Booke should be composed by their own Bishops in substance not differing from this of England that so the Roman party might not upbraid Us with any weightie or materiall differences in Our Liturgies and yet in some few insensible alterations differing from it that it might truely and justly be reputed a Book of that Churches owne composing and established by Our Royall Authority as King of Scotland And thus conceiving Wee had discharged the duetie of a religious King towards God and of a gracious Prince in accommodating this Booke so that Our subjects of that Kingdome should have no cause to have the least suspicion of any intended dependancie of that Church upon this Wee sent home the Book to the Lords of Our Privie Councell After their receipt consideration of it We by their advice and they by Our Authoritie commanded by publike Proclamation that the said Book should be publikely read and received in all the Churches of that Our Kingdome and should begin to be practised upon Easter next 1637. Disobedience to this Our Proclamation Wee had little reason to expect because this Service-book was no new thing unto them For it not differing from the English Service-book in any materiall point and We supposing that the English Liturgie neither was nor could bee displeasing to them did likewise conceive that this Book should be as little disliked by them Now the reasons inducing Us to a beleefe of their not misliking the English Liturgie were these First many of Our subjects of that Kingdome of all sorts daily resorting to Our Court and the Citie of London did much frequent our Chappell many other Churches in or about the Citie and many Churches during their stay here at the severall places of our residence and many other Churches within this Kingdome upon their way both hither and homeward in all which Churches they did behave themselves during the time of divine Service with that reverence as others of Our subjects of this Kingdome did without any dislike of it or quarrelling against it Now these who resorted hither being for quantitie and number very considerable and for qualitie for the most part of the very best gave Us more then a probable assurance that at home they would never accompt that absolutely in it selfe unlawfull and Antichristian as many of them have since professed unto which they had here of their owne accord by their practise yeelded obedience For neither municipall Law nor variation of time or place nor any other circumstance can allow Us to practise that which we hold in it selfe to be simply unlawfull Antichristian and against the Word of God Secondly in Our owne Chappell at Haly-rud-house ever since the yeere of Our Lord 1617. the English Liturgie hath beene read and according to it divine Service sung and said as it is here said and sung in Our Chappels in England not onely without dislike but with frequent Assemblies of Our Councel Nobility Bishops other Clergie of all sorts Judges Gentrie Burgesses women of all ranks The Bishops or some of them never gave Orders which they did frequently but they used the English Service-book in some Cathedrall Churches of that kingdom as also in the new Colledge of the University of S. Andrewes for some yeeres of late it was publikely read without any distaste much lesse disturbance for divers yeeres it was used in many families and at Our last being in that Kingdome it was read publikely in all Churches to which Wee resorted in which great numbers of all sorts of people were present All which gave Us good reason to conceive that the commanding of this Book by Our authoritie could not in any true sense be called or accounted an innovation all sorts of people and very many of those of all ranks who now inveigh most bitterly against it having been so accustomed to it and acquainted with it and that without any dislike of it or complaint against it Thirdly Wee confesse that one of the chiefest reasons moving Us to beleeve that that Service-book being in substance all one with this of England could not be held by them to containe any thing tending to Idolatrie Poperie or Superstition as since they have pretended was this We did foresee that all objections bending that way must needs strike at the English Service-book aswell as at that and indeed all of them which they have preached or published against that book do so but We did then and do still take it as granted that no man who hath his wits about him can charge the least suspicion of these things objected upon the English Service-book For since it is well knowne to the whole Christian world that the Composers Framers of the English Service-book were those very famous Bishops others who in Queen Mary her dayes delivered up their living bodies to the fire or escaping the fire indured banishment only because they would not yeeld to Poperie and Superstition How these men now whom in their owne judgement they hold to bee ranked amongst the most glorious Martyrs of the Church for resisting even to bloud Idolatry Popery and Superstiâ—ion can with any conscience or honestie be charged by these men with compiling of a Book stuffed full with Idolatrie Poperie and Superstition it requireth more then an ordinarie understanding to apprehend And besides it will be made good that more of the Bishops and learned Clergie of England both for number and weight have opposed Superstition and Popery then can be found in all the reformed Churches besides who all of them have lived in the practise of the English Liturgie and defended the same which they would never have done if they had supposed it to containe Idolatrie or Superstition These now were the grounds which inclined Us to conceive that the Service-book authorized by Us for
their Protestation against Our Proclamation as if both had been made by the same authoritie And if this now were not a higher act of Rebellion then either the first tumult raised in the Churches against which they so much declamed or the second insurrection at Edinburgh which they so much disclamed Wee leave it to the world to judge The copies both of Our Proclamation and their Protestation We have here inserted that themselves as well as others may see that We wrong not the truth CHARLES by the grace God King of great Britaine France and Ireland defender of the faith c. To Our Lovits c. Our Sheriffes in that part conjunctly and severally specially constituted greeting For as much as Wee out of Our Princely care of maintenance of the true Religion already professed and for beating downe of all superstition having ordained a Book of Common prayer to be compiled for the generall use and edification of Our subjects within Our ancient Kingdome of Scotland the same was accordingly done In the performing whereof We took great care and paines So as nothing past therein but what was seene and approved by Us before the same was either divulged or printed assuring all Our loving subjects that not onely Our intention is but even the verie Book will be a readie meanes to maintaine the true Religion alreadie professed and beat out all Superstition Of which We in Our owne time do not doubt but in a faire course to satisfie Our good subjects But having seene and considered some Petitions and Declarations given in to Our Councell against the said Book and late Canons of the Church We find Our Royall Authoritie much injured thereby both in the matter and in the carriage thereof whereby We conceive these of Our Nobility Gentrie Burroughs Ministers and others who kept and assisted these meetings and Convocations for contriving and forming the said Petitions or who have subscribed the same to deserve and bee liable to Our high censure both in their persons and fortunes as having conveened themselves without either Our consent or authoritie Yet because We beleeve that what they have done herein is out of a preposterous zeale and not out of any disloyaltie or disaffection to Soveraigntie We are graciously pleased in so farre as concernes these meetings for consulting or subscribing of these Petitions or presenting the same to any Judge or Judges in Our said Kingdome to dispense therewith and with what may bee their fault or errour therein to all such as upon signification or declaration of Our pleasure shall retire themselves as becommeth good and dutifull subjects To which purpose Our will is and We charge you straightly and command that incontinent these Letters seene you passe and in Our name and authoritie make intimation hereof to all Our lieges and subjects by open Proclamation at all places needfull wherethrough none pretend ignorance thereof And therewith also That you in Our name and authoritie discharge all such convocations and meetings in time comming under the paine of treason And also that you command and charge and inhibit all Our lieges and subjects that none of them presume nor take in hand to resort nor repaire to Our Burgh of Sterling nor to no other Burgh where Our Councell and Session sits till first they declare their cause of comming to our Councell and procure their warrant to that effect And further that you command and charge all and sundrie Provosts Bailiffes and Magistrates within Burgh That they and everie one of them have a speciall care and regard to see this Our Royall will and pleasure really and dutifully obeyed in all points And that no violation thereof be suffered within their bounds under all highest paine crime and offence that they may commit against Us in that behalfe As also that you command and charge all and sundrie Noblemen Barons Ministers and Burrowes who are not actuall indwellers within this Our Burgh and are not of the number of the Lords of our privie Councell and Session and members thereof and are already within this Our Burgh that they and everie one of them remove themselves and depart and passe forth of Our said Burgh and returne not againe without the warrant aforesaid within six houres after the publication hereof under the said paine of treason And as concerning any Petitions that hereafter shall be given unto Us upon this or any other subject Wee are likewise pleased to declare that We will not shut Our eares therefrom so that neither the matter nor forme be prejudiciall to Our Regall Authoritie The which to do We commit to you conjunctly and severally Our full power by these Our Letters delivering the same by you duely execute and indorsed againe to the bearer Given under Our signet at Sterling the nineteenth day of February And of Our Reigne the thirteenth yeere 1638. Per actum Secreti Concilii Here followeth their Protestation For God and the King WE Noblemen Barons Ministers Burrowes appointed to attend his Majesties answer to our humble Petition and complaint and to preferre new grievances and to do what else may lawfully conduce to our humble desires That whereupon the 23. of September last wee presented a Supplication to your Lordships and another upon the 18. of October last and also a new Bill relative to the former upon the 19. of December last and did therein humbly remonstrate our just exceptions against the Service Book and Book of Canons and also against the Arch-bishops and Bishops of this Kingdome as the contrivers maintainers and urgers thereof and against their sitting as our Judges untill the cause be decided earnestly supplicating withall to bee freed and delivered from these and all other innovations of that kinde introduced against the laudable Lawes of this Kingdome as that of the High Commission and other evils particularly mentioned and generally contained in our foresaid supplications and complaints and that this our partie delinquent against our Religion and Lawes may be taken order with and these pressing grievances may be taken order with and redressed according to the Lawes of this Kingdome as by our said supplications and complaints more largely doth appeare With the which on the 19. of December last we gave in a Declinator against the Arch-bishops and Bishops as our parties who by consequence could not be our Judges wherupon your Lordships declared by your Act at Dalkeith the said 19. of December that you would present our Petitions to his Majesties Royall consideration and that without prejudice of the Declinator given in by us the said supplicants wherupon we should be heard at place and time convenient And in the meane time should receive no prejudice as the said Act in it selfe beareth And whereas we your Lordships supplicants with a great deale of patience and hope also grounded on sundry promises were expecting an answere to these our humble desires and having learned that upon some directions of His Majesties anent our supplications and complaint unto your
State excuseth our uncessant and importune calling for these present remedies Doth insinuate the continuance and execution of any pretended Lawes for these innovations of worship and corruptions of Church government and civill places of Church-men which by our Covenant wee have obliged our selves to forbeare and the re-establishment of these evils in an Assembly and Parliament which hee will call in his best convenience to wit for that and this other end of satisfying his subjects judgements anent the Service Booke and Book of Canons Doth condemne all our former proceedings even our supplicating complaining protesting subscribing of our Covenant together and our continuall meetings as great disorders increase of disorders deserving justly a powerfull rather then a perswasive way a running headlong into ruine a perishing in our faults a blind disobedience under pretext of Religion and doth threaten denounce Now once for all If we be not heartily satisfied and give testimony of our obedience after this Declaration but continue as by our former proceedings to draw on our owne ruine that albeit unwillingly he must make use of that power which God hath indued him with for reclaiming of so disobedient people THerefore we in our own name and in name of all who will adhere to the Confession of Faith and reformation of Religion within this Land are forced and compelled out of our bound duty to God our King native Country our selves and our posterity lest our silence should be prejudiciall to so important a cause as concernes Gods glory and worship our Religion and salvation the Lawes and Liberties of this Church and Kingdome or derogatory to our former supplications complaints protestations Articles and proceedings or unanswerable to the solemne oath of our nation covenant with God To declare before God and man and to protest Primo That we doe and will constantly adhere according to our vocation and power to the said Reformation in doctrine use of Sacraments and discipline And that notwithstanding of any innovations introduced therein either of old or of late Secundo we potest That we adhere to the grievances supplications and protestations given in at Assemblies and Parliaments and to our late supplications complaints protestations and other lawfull proceedings against the same and particularly against the Service book and booke of Canons as maine innovations of Religion and Lawes and full of Popish superstition and so directly contrary to the Kings Declaration And against the High Commission as a judicatory established contrary to the Lawes and Liberties of this Church and Kingdome and destructive of other lawfull judicatories which both in respect of the nature of it and manner of introduction without consent of the three Estates of Parliament cannot be any wayes rectified but absolutely discharged Tertio we protest That we adhere with our hearts to our Oath and subscription of the Confession of Faith the solemne Covenant betweene God this Church and Kingdome and the clauses particularly therein expressed and generally contained and to our last Articles for the peace of this Kirke and Kingdome drawne out of it and to all the matters therein contained and manner of remedy therein desired Quarto We protest that this Proclamation or act of Councell or any other act or Proclamation or Declaration or ratification thereof By subscription or act or letter or any other manner of way whatsoever or any precondemnation of our cause or carriage before the same be lawfully heard and tryed in the supreme judicatories of this Kirk and Kingdome the onely proper judges to nationall causes and proceedings or any certification or threatning therein denounced shall no waies be prejudiciall to the Confession of Faith lawes and liberties of this Kingdome nor to our supplications complaints protestations articles lawfull meetings proceedings pursuits mutuall defences nor to our persons and Estates and shall no wayes be disgracefull either in reality or opinion at home or abroad to us or any of us But on the contrary that any act or letter or subscription of the Councell carrying the approbation of the declaration and condemnation of our proceedings indicta causa is and ought to be repute esteemed unjust illegall null as here before God and man we offer to clear to verifie both the justice of our cause and carriage and the injustice of such acts against us in the face of the first generall Assembly of the Church Parliament of the Estates unto whom with all solemnities requisite we do publikly appeal Quinto We protest that seeing our former supplications last Articles our last desire and petition to his Majesties Commissioner which petitioned for the present indiction of a free general Assembly Parliament according to the law and custome of all nations of this nation in the like case to hear the desires ease the grievances settle the fears of the body of the Church Kingdome are thus delayed in effect refused to wit Once for all till his Majesties conveniency for the end contained in this Proclamation that We continue by thir presents to supplicate his Majesty again and again for the granting of the same And whatsoever trouble or inconvenience fall out in this land in the mean time for want of these ordinary remedies and by the practice of any of these innovations evils contrary to our supplications articles confession it be not imputed unto us who most humbly beg these lawfull remedies but also that it is shall be lawfull unto us to defend and maintain the Religion lawes and liberties of this Kingdome the Kings Authority in defence thereof every one of us one another in that cause of maintaining the Religion and the Kings foresaid Authority according to our power vocation and Covenant with our best counsel bodies lives means whole strength against all persons whatsoever against all externall or internall invasions menaced in this Proclamation Like as that in the great exigencie of the Church necessitating the use of this ordinary and lawfull remedies for settling the commotions thereof it is and shall be leasome unto us to appoint hold and use the ordinary means our lawfull meetings and Assemblies of the Church agreeble to the Law of God and practice of the primitive Church the Acts of the generall Assemblies and Parliaments and the example of our Worthy Reformers in the like case Sexto We protest that our former Supplications Complaints Protestations Confessions meetings proceedings and mutuall defences of every one another in this cause as they are and were in themselves most necessary and orderly meanes agreeable to the lawes practice of this Church and Kingdome to be commended as reall duties of faithfull Christians loyall Subjects and sensible members of the body of the Church and Kingdome and no wise to be stiled nor accounted great disorders misdemeanors blind disobedience under pretext of Religion and running headlong into ruine c. So they proceeded only from conscience of our duty to God our King native
him by Us they he was enforced to call the Lords of Our Councell divers others of Our Nobilitie and some of the Lords Covenanters themselves to give testimonie of his frequent asseverations in their hearing that as he himselfe was no way satisfied with that explication so he was assured that We neither would nor could receive any satisfaction by it only that he would present it to Us at their entreatie And besides the attestation of so many witnesses he was necessitated both for clearing of himselfe to Us and preventing the further encrease of Covenanters upon that false and groundlesse surmise to print a Manifest and Declaration of his own clearnesse and their calumnie It is true that they printed a weake answer to that Manifest in which they confesse that they never heard him say that he was satisfied with that Declaration but that by some probable reasons which are there expressed and indeed are most improbable ones they were induced to beleeve that he was satisfied with it although that both to their new Proselytes and in the Ministers printed answers they had positively averred that after he had received that explication he was fully satisfied with their Covenant Which dealing of theirs gave occasion for many to thinke that this false aspersion was put upon him by those who ever laboured to strangle all hopes of reconciliation onely to raise in Us a distrustfull jealousie of his service that so he might be called backe and the people made beleeve that no relieving of their grievances was intended by Us. About the same time a great stirre was raised in that Kingdome upon a very slender ground which was this There had been printed at Antwerpe in severall pieces the pictures of the severall stories of the Gospels and Acts of the Apostles after the manner as they are usually printed in the Romish Church some Papists and it may be others had caused these severall pieces to be bound in their Bibles at the severall chapters of those stories to which they did relate they found such a Bible printed at Edinburgh which being printed as all Bibles are by Our priviledge upon a sudden there were made most tragicall complaints that pictures and images were brought into their Bibles by Our authoritie aggravated by the heads of that faction especially the Ministers with the imminent dangers of the present introduction of Poperie Superstition Idolatrie still to make the people averse from all hope of satisfaction so that some did conceive that these pictures might bee bound in that Bible by some of themselves meerly to irritate the people and continue them in their distance from returning to Our obedience but so far with this particular we cannot charge them Now notwithstanding these new and daily emergent combustions and their perpetuall working of the people both in their Pulpits and at their other meetings to new insolencies and greater heights of rage and furie Our Commissioner resolved as well as he could to passe them over and to enter into treatie with them for the preparative overtures of a Generall Assemblie because he did see that all these impediments and blocks were laid purposely in his way that either hee might stumble at them or bee so scared as to go back for it was plainely perceived that whensoever he made any proposition of peace likely to take or please they presently cast about how to dash it with some new violence and accident which should make it impossible as did most evidently appeare in this particular Our Commissioner sent some of Our Councell to conferre with some of the principall Covenanters concerning some necessarie propositions fit to be resolved upon before the indicting of the Assemblie both concerning the members of which it was to bee constituted and concerning the matters to be treated of in it two consultations usually previous to that meeting for the omission whereof in one Assemblie of later times they had so grievously complained that in a Petition exhibited by the Ministers of their side it was alleadged for a nullitie of that Assemblie This message was received with so much choler and contempt that they presently blazed it abroad amongst their followers for a proposition tending utterly to the ruine of the Lawes and liberties both of Church and Kingdome that the hearkning to any such overtures was an absolute prelimitation of that Assemblie which they intended should be free and generall that neither of the members of their Assemblie nor of the matters to bee handled in it they would speak so much as one word untill they came upon the place and were in the Assemblie that then and there the Assemblie it selfe was to be the sole judge both of the competencie of the members elected of the regularitie of their election and of all matters treated of there whether they were of their cognisance and jurisdiction or not and likewise gave out that they did not much care whether Our Commissioner would indict an Assemblie or not they would indeed like it better if it were indicted by Our authoritie but if We requested by them so to do should refuse it they both could and would do it of themselves Then did their Pulpits againe begin to ring with this monstrous proposition as they called it of the utter subversion of the liberties of their Church by the prelimitation of their Assemblie as if this conference propounded by Our Commissioner concerning the orderly proceedings in that meeting had beene such a blow to their Church as they could not feare a greater from Rome it selfe And to make Our Commissioner beleeve that they were in good earnest they had a little before caused the Presbyterie of Peebles to begin with the election for their Commissioners to the Generall Assemblie being a place not above twentie miles distant from Edinburgh so that they were sure it must speedily come to his knowledge To this election all the Gentlemen within the compasse of that Presbyterie resorted intruded themselves by violence and in despite of the Ministers would give their voices to the chusing both of the Ministers and one lay-man to be Commissioners for that Presbyterie at the next Assemblie whensoever and wheresoever it should bee kept when as yet no Assemblie was indicted Our Commissioner weighing well these two things First that the principall Covenanters Noblemen Gentlemen and Ministers as hee had occasion to speak with them severally and upon severall occasions had protested unto him that their meaning never was quite to abolish Episcopall government but onely to have it limited and restricted according to the Lawes of that Church and Kingdome and that they might bee accomptable to and censurable by the Generall Assemblie if they should transgresse these limits adding that they had farre rather live under that government then under the tyrannie of the Presbyeries which they had heard their fathers so much complaine of and had given them charge to beware of the like Protestations they having likewise made to divers of Our Councell
and others And secondly considering that he now found that they begun to speak more sparingly and reservedly in that point and would not so much as treat of it before the Assemblie and that some of them had given out that they had resolved upon a way to throw off that grievous burthen of the Presbyteries with the weight whereof their fathers were so much grieved viz. by joyning so many Laick Elders to every Presbyterie as there should be Ministers in it by which meanes the Laitie should bee able to keep the Presbyterie under without the help of Bishops Our Commissioner was now once againe at a stand not knowing how to proceed as not being sufficiently warranted by Our instructions to indict a Generall Assemblie or Parliament unlesse hee should first bee satisfied by advice of them who understood the formes of Assemblies what course was to bee held both for the members of that Assemblie and the manner of their election and for a previous consultation of the principall things to be treated there all which consultations the Covenanters did utterly reject He therefore resolved once againe to make a journey to Us and acquaint Us with these new occurrences since hee found them daily increasing in their obstinacie so changed as he was not able to make any judgment either of their resolutions or desires or of what would give them satisfaction And therefore Our Commissioner told them plainely that he had no authoritie from Us to indict an Assemblie unlesse some particulars were agreed upon both concerning the constitution of the Assemblie the present settling the peace of the Kingdom and the righting and restoring to their places such Ministers as had beene displaced without order of Law who might againe be displaced if at the Assemblie they were found to deserve it The summe of Our demands he delivered to the chiefe Lords Covenanters in these ten Articles which will be found by the reading of them to be verie just and reasonable THat all Ministers deposed or suspended by the Presbyteries since the first of Februarie last without warrant of the Ordinarie shall be restored to their owne places till such time as they shall be legally convicted That all Moderators of Presbyteries deposed since the foresaid day by the Presbyteries without warrant of the Ordinarie be restored and all Moderators appointed by the said Presbyteries without warrant foresaid to desist from executing the office of Moderator That all Ministers admitted by the Presbyteries since the foresaid day without warrant from the Ordinarie shall desist from exercising the function of their ministerie in that place to which they have beene so presented and admitted That all Parishioners shall frequent their owne Churches and heare their owne Minister and that the Elders assist the Minister in the Session and other exercises of the discipline of the Church as formerly they were used to do That all Bishops and Ministers have their rents and stipends duely and thankfully paied them That all Ministers bee appointed presently to repaire to their owne Churches that none of them come to the Assemblie or to the place where the same shall bee held but such as shall bee chosen Commissioners from the Presbyteries That according to the Act of Assemblie 1606. Moderators of Presbyteries being found necessarie members of the Assemblie everie one of the said Moderators bee appointed to bee Commissioner from that Presbyterie where he is Moderator That Bishops and other Ministers who shall attend the Assemblie may be secured in their persons from all trouble and molestation That the Commissioners from Presbyteries be chosen by the Ministers of that Presbyterie onely And that no lay-person whatsoever meddle in the choice nor no Minister without his owne Presbyterie That all Convocations and meetings be dissolved and that everie man repaire to his owne house and that the Countrey not onely be made peaceable but also that all such Acts be forborne as may make it appeare to be otherwayes And since his Majestie is still displeased with the Covenant wisdome and our dutifull obedience to our Soveraigne require that some such course should be taken whereby his Majestie may receive satisfaction therein and in the mean time that there be no pressing threatning or perswading of men to subscribe the Covenant nor no mention be made thereof any more in Pulpits To these according to their usuall manner they would no way condescend but returned to Our Commissioner these most unjust and unreasonable answers Answers to the particulars propounded by his Majesties Commissioner HAving seriously considered with our selves that nothing in this world is so precious and ought to be so deare unto us as our Religion that the diseases of the Church after long toleration did threaten no lesse then her utter ruine and the expiring of the truth of Religion at last and that a free Generall Assemblie was the ordinarie remedie appointed by divine Authoritie and blessed by divine providence in other Churches and after a speciall manner in the Church of Scotland wee have often and earnestly supplicated for the same and have laboured to remove what was objected or what wee could conceive to be any hinderance to the obtaining of our desire like as we have now for the same good end resolved to returne this answer to the particulars propounded to bee performed by us before any Assemblie be indicted The particulars propounded are either concerning matters Ecclesiasticall or Civill Ecclesiasticall or Church matters are The first concerning Ministers deposed or suspended by the Presbyteries since the first of Februarie last without warrant of the Ordinarie that they bee restored to their owne places The second concerning Moderators of Presbyteries deposed since the foresaid day to bee restored and all Moderators appointed by the said Presbyteries without warrant aforesaid to desist from executing the office of Moderator The third concerning Ministers admitted since the foresaid day that they desist from exercising the function of the Ministerie in that place to which they have beene admitted These three particulars do concerne the power dutie and particular facts or faults of Presbyteries wherein we have no power to judge or determine whether they have proceeded lawfully or not farre lesse can we urge or command them to recall what they have determined or done in the suspending deposing or admitting of Ministers or Moderators they being properly subject to the superior Assemblies of the Church and in this case and condition of the Church to the Generall Assemblie where if they shall not after tryall justifie their proceedings from the good warrants of Scripture reason and the acts and praclices of the Church they ought to sustaine their owne deserved censure And since on the one side there be many complaints against the Prelats for their usurpation over Presbyteries in the like particulars and on the other side there be such complaints of the doings and disorders of the Presbyteries to the offence of the Prelats we trust that his Majesties Commissioner will not esteeme
his Majestie had been desirous to have made stop of importation of Ammunition into this Kingdome this time past but it would have been an easie matter for him to have effected but so little hath he regarded this as he hath not so much as taken notice of it And yet it were no strange thing if his Majestie should give direction to cause examine for what end so great store of Ammunition is imported into this Kingdome and a little more narrowly to looke into our actions when by I know not whom there hath been so much notice taken of such Ammunition as his Majestie hath thought fit to send hither For notwithstanding that your Lordsh sayes we are made secure by the hopes of obtaining from his Majestie these remedies that can fully settle this Church and State yet I may say courses are taken to put feares in his Majesties good subjects minds by perswading of them that no such thing is intended This does too too manifestly appeare by the watching and guarding his Majesties Castle and many other courses but of this I will write nothing my intention being only to returne answer of what is writ to me And therefore for your Lordsh satisfaction I shall acquaint his Majestie with the contents of your letters who will no doubt give such directions therein as his good subjects will have no just cause of complaint Whereas you have been pleased to say that you have been assured by me that you should receive no such hard dealing during the time of my imployment let mee desire you to consider this aright and you will find it none for neither was that ship stayed from proceeding in their intended voyage nor any thing taken from them nor needs your Lordsh to doubt that his Majestie will doe any thing except our owne indiscretion provoke him that may make appear to the world that he makes a difference betwixt us of this Nation and his other subjects Bee confident my Lord that my endevours have and doe tend to no other end but to the glory of God the honour of his sacred Majestie and the preserving from ruine this poore distracted Kingdome and that I have and shall labour to prevent all such accidents as may breed the least stop or hinderance of this wished event which I hope and am confident that your Lordsh. and all those noble Lords who have signed this Letter to me will take the same to heart and then certainly you will not be so easily moved with such light and sleight reports Nor will your Lordsh thinke that either you or I can bee wounded by the order and command of so pious mercifull and so clement a Prince as is our dread Soveraigne who hath showne himselfe to be so full of goodnesse as we must of all men living prove the worst if we be not thankfull to God and him for it This my letter your Lordsh will be pleased to communicate to the rest who have writ to me and esteeme of me as Hammilt 24. Sept. 1638. For the Earle of Rothees Your Lordships humble servant Hammiltoun WIth his answer they were so far from being satisfied that to answer this affront as they did interpret it for searching a Ship of that Kingdome at sea they resolved to put a greater affront upon Us by increasing their Guards about Our Castle of Edinburgh In Fyfe they gave order for a Communion throughout their Churches at which they made every one to sweare that they should not subscribe Our Confession and Covenant nor any other but their owne which they swore againe de novo especially to stand to that part of it which concerneth mutuall defence against all persons whomsoever They gave generall order for the Fast to bee kept on the fourth of November being Sunday neglecting the day designed in Our Proclamation which was the Wednesday following and the seventh of that Moneth Our Commissioner seeing these contempts daily to increase and hearing that they had appointed the Communion to bee celebrated at Edinburgh sent for the Provost and Magistrates and inquired of them these particulars First whether at their Communion which was to be celebrated the two next Sundaies following it was intended that the like oath should bee taken with them as had been taken in Fyfe Secondly whether they intended to keep the Fast-day designed by Us in Our Proclamation and according as they had lately since been required to doe by an order sent from Our Councell to them for that purpose Thirdly what order they had taken with those who had the day before reviled and abused Doctor Eliot while he was preaching in the Pulpit That he had sent for them because he had found those few Ministers by whom they were ruled to bee unreasonable men and despisers of Authoritie To the last they promised that they would make a discoverie of the offenders and see them punished which they never did For the first they thought it most unreasonable that any oath should be ministred as it was in Fyfe For the second they thought it most reasonable that Our Fast-day should be kept but before they could give a full answer they must first conferre with their Ministers at their meeting with whom they found that the Ministers had intended that barbarous oath at the Communion and not to keep Our Fast-day more then other Churches in the countrie had done yet the Magistrates did with much perswasions over-rule them in both Our Commissioner did resolve with great solemnitie attended with all Our Councell and Judges to keep that Fast in the great Church of Edinburgh on the day appointed by Us and gave notice thereof to the Magistrates who returned him thanks and assurance of welcome But understanding that they were resolved to discharge the ordinarie Ministers of that Church from preaching there that day onely because they were Non-covenanters and had appointed their places to be supplied with the two onely Covenanting Ministers of their Towne he sent for the Magistrates againe telling them That he could not come to their Church and countenance so great a disorder as the displacing of the two Preachers of that Church onely because they were faithfull subjects to Us nor durst heare these two Preachers designed by them who in their Pulpits did ordinarily inveigh against Us and Our authoritie Unlesse therefore hee might either nominate the Preachers or heare the ordinarie Preachers of that Church he must not come thither The Magistrates did what they could to perswade with their Ministers the one of them was contented with Our Commissioners desire but the other was so obstinate as he would no way hearken to it and him being so powerfull with the people the Magistrates durst not offend and so Our Commissioner with Our Councell and Judges were necessitated to keep Our Fast at another Church hard by Our Palace Now Wee desire the Reader to observe how the Heads of the Covenanters were affraid that any shew of obedience should bee yeelded unto Us by Our
Our Commissioner they expected no satisfaction to their desire for they themselves did know as well as any Judge or Advocate in the Kingdome that no Commissioner either could award or ever had awarded any such processe as they required And therefore they moved Our Commissioner once againe that he would require Our Judges or Lords of Our Session to grant out such processe with which request when Our Commissioner made Our Judges acquainted they returned him that answer which the Covenanters knew verie well they could not chuse but make viz. That they could grant out no processe for the compeerance of any persons before them but those who were impleaded and whose causes were triable before them The truth is Our Commissioner found by inquirie and the Covenanters knew it perfectly well that the ordinarie way of processe or cytation to a Generall Assemblie was to passe it under the hand of the Clerk of the Assemblie whose office is during life if he be not legally removed usually too under the hand of him who was Moderator at the last Generall Assemblie both which were then living and are so still the name of the Clerk of the Assemblie being Master James Sandelands an Advocate and Commissarie of Aberdene and the Moderator of the last Assemblie being the now Archbishop of Saint Andrewes But they who had all this while gone on in disorderly illegall and unjustifiable wayes belike thought it an incongruitie to keep the beaten path and tract of justice in any thing and therefore they fell and resolved upon a way so unlike Justice so repugnant to Religion and common honestie as one would wonder how they hit upon it having neither Law nor practise for it which was this They caused to be drawn up a most false odious and scandalous Libell against the Archbishops and Bishops with a Petition annexed to the Presbyterie of Edinburgh wherein they desired the Libell to bee admitted by them the copie whereof as it was exhibited by them to the said Presbyterie and afterward publikely read in all the Pulpits thereof here followeth which out of Our love to the Christian Religion We wish might never come to the notice of any Pagan and out of Our love to the Religion reformed We wish might never come to the notice of any Papist But it cannot be concealed The Bill or the complaint of the Noblemen Barons Burgesses Ministers and Commons Covenanters which were not Commissionaries to the Assembly against the pretended Archbishops and Bishops within this kingdome as it was presented to the Presbyterie of Edinburgh with an Act of reference of the Bill from the Presbyterie to the next Generall Assembly as it was fully read on the Lords day before noone in all the Churches within the Presbyterie of Edinburgh according to the Act. Noblemen Unto your wisedomes humbly shewes and complaines We John Earle of Sutherland John Earle of Athol William Earle of Dalhousie Mungo Vicount of Stormouth Hugh Lord Montgomerie David Lord Elcho George Lord Forrester Arthur Lord Forbesse John Master of Berridale Robert Lord Boyd David Lord Balcarras John Lord Melvill Barons and Gentlemen Craggemillar Lugtoun Buchanan Young Dury Balgonny Balbirny Master William Hammilton Thomas Cragge of Ricarton John Cowper of Gogar John Hammilton of Boghall David Inglis of Ingliston John Dundas of Newliston Sir William Cockburne of Langton Patrick Cockburne of Clerkinton John Leslie of Newton Colonel Alexander Leslie David Barclay of Onwerme Sir Michael Arnot of Arnot Sir Michael Balfoure of Deanemill John Aiton of Aiton David Beaton of Balfoure John Lundie of Lundie Walter Murray of Liviston Sir John Preston of Ardrie Walter Cornwall of Bonhard William Scot of Ardrosse Robert Forbosse of Ricesse Sir Andrew Murray of Balvarde George Dundasse of Dudistone Sir William Murray of Blebo Master Robert Preston William Dicksone Ministers Master William Scot Minister at Cowper Master George Hammiltoun at Nuburne Master Walter Grog at Balmerino Master Iohn Machgil Parson of Fliske Master Andrew Blackhat at Aberlady Burgesses and Commons George Bruce of Carnock George Potterfield a Burgesse of Glasgow John Smith John Mill Lawrence Henryson Richard Maxwell Burgesses of Edinburgh WE for our selves and in name and behalfe of the rest of the Noblemen Barons Gentlemen Burgesses Ministers and Commons within this Realme of Scotland subscribers of the Covenant who are not chosen Commissioners to the Generall Assemblie but who will assist and insist in this complaint with us as faithfull Christians as loyall subjects and sensible members of this Church and Common-weale having interest to pursue this popular action in a speciall manner and an eminent degree by which pursuit God may bee glorified Christs Kingdome advanced that the Church may bee restored to her priviledges and liberties and freed from manifold scandals from the corrupters of Doctrine with Poperie and Arminianisme of the Sacraments with Superstition and Wil-worship and of the Discipline with tyrannie and from the overthrowers of the peace of this Church and Kingdome by their usurpations and lies their violent humours and falshood for their owne worldly ends may be tried and censured accordingly and so this Church and State made free from the present divisions and combustions and restored to peace and unitie both with God and amongst themselves and that his Majesties religious disposition and honour may be cleared to all the world by the triall and censure of those men who have fraudulently abused his Majesties name and authoritie by their trust and credit with his Majestie Wee most earnestly make request That whereas by the Lawes of this Church and Kingdome and by his Majesties last Proclamation all his Majesties subjects whether Ecclesiasticall or Civill of whatsoever title or degree if they have exercised an unlimited or unwarrantable power They are declared and ordained to be liable to the triall and censure of the Generall Assemblie and Parliament or to any other Judicatorie according to the nature and qualitie of the offence And whereas Master David Lyndsey pretended Bishop of Edinburgh Master Thomas Sydserfe pretended Bishop of Galloway Master Walter Whitefoord pretended Bishop of Brichen Master James Wedderburne pretended Bishop of Dumblane Master James Fairley pretended Bishop of Argyle Master John Spotswood pretended Archbishop of Saint Andrewes having their residences or dwelling places within the bounds of this Presbyterie of Edinburgh Master Patrick Lyndsey pretended Archbishop of Glasgow Master Alexander Lyndsey pretended Bishop of Dunkell Master Adam Bannatine pretended Bishop of Aberdene Master John Gutherie pretended Bishop of Murray Master John Maxwel pretended Bishop of Rosse Master George Greme pretended Bishop of Orkney Master Iohn Abernethie pretended Bishop of Caithnesse Master Neil Campbel pretended Bishop of the Isles should be tried and censured for their unlimited and unwarranted power For whereas it was provided in the Cautions agreed upon in the Generall Assemblie holden at Mountrose Anno 1600. for bounding of the Ministers votes in Parliament and concluded to bee inserted in the bodie of the act of Parliament for
of benefices visitation and other points of Ecclesiasticall government without a lawfull warrant from the Church in exercising power to suspend deprive command and inhibite excommunication at their pleasure to fine confine imprison banish Ministers and other professours without the warrant of the lawes of the Countrey appointing their Moderators over Presbyteries and Synods prorogating their Diets staying their proceedings against Papists Sorcerers Adulterers and other grosse offenders by exacting of contributions to such Commissioners as hee pleased to send to Court for his owne and his Colleagues affaires by depriving and ordaining of Ministers not onely without the consent of the Presbyteries and Synods but by ordaining of scandalous and unqualified Ministers and depriving of learned and religious Pastours by ordaining Ministers after a forme not allowed of in this Church by silencing Ministers for not reading the Service Book and Book of Canons by interdicting after a Popish manner the exercises of Morning and Evening prayer in their Churches by releasing of excommunicated Papists by contradicting and crossing the votes of the Presbyteries at their pleasure by their pretended negative vote directly contrary to this caution by enacting decrees of Synods without demanding their votes by changing and falsifying their Acts when most votes had carried the contrary by many wayes have they failed in this caution which are so notorious to the whole Church and to your Wisedomes that wee shall condescend upon the same when we are required Whereas in the seventh caution it was provided That in Presbyteries and in Provinciall and generall Assemblies he shall behave himself in all things as one of the brethren of the Presbyterie and be subject to their censure yet the foresaid Master David Lindsey with his foresaid Colleagues respectivè hath not behaved himselfe as a brother at these meetings he disdaines to sit in Presbyteries or to bee subject to their censures he sitteth and over-ruleth in Provinciall Assemblies rather as a Lord then a Moderatour and in stead of behaving himself as a brother in the generall Assemblie hath by threatning and silencing prejudged the liberties of the lawfull Commissioners when they propounded reasoned or concluded matters conducing to the libertie of the Church he forced them to conclude things contrarie That whereas it was concluded at Mount Rose That none of them who should have vote in Parliament should come Commissioners to the generall Assembly or have vote in it in time to come unlesse they had authority or Commission from their owne Presbyteries for that purpose yet the said Master David Lindsey with his foresaid Colleagues respectivè though they had no authoritie by commission from any Presbyteries have usurped to give votes in the last pretended Assemblies Whereas in the seventh chapter of the book of Policie registrated in the register of the Acts of the Assembly it was concluded That in all Assemblies a Moderatour should be chosen by common consent of the whole brethren assembled together and it hath beene so practised since the beginning of the Reformation till he and his fellowes began to break the Cautions yet the said Master David Lindsey with his foresaid Colleagues respectivè have usurped the place of moderation in the last pretended Assemblies and rather domineered then moderated to bring in novations yea further have directed Mandats from themselves as from the representative Church of Scotland which name and power is only competent to generall Assemblies he hath brought in the practice of many Innovations in the Royall Chappell in the Abbey Church and his pretended Cathedrall he hath laboured not onely to hinder the ordinary meetings of generall Assemblies of this Church by obtaining letters and charge from Authoritie to that purpose but also hath laboured what in him lay to take away from the Church the priviledge of holding general Assemblies yeerly belonging to Her by the Word of God Acts of this Church and lawes of this kingdome Whereas it is provided by another caution That Crimen ambitus shall be a sufficient cause of deprivation of him that shall have vote in Parliament yet the said Master David Lindsey with is foresaid Colleagues respectivè are guilty of the said crime in seeking of the said offices and promising and giving good deeds for them Whereas it was provided by the book of Discipline and acts of the Assemblie Feb. An. 1569. and December 1565. 1567. that marriage should not be solemnized without asking of banes three severall Sabbath daies before yet the said Master David Lindsey and his foresaid Colleagues respectivè have given licence to sundry Ministers to solemnize marriage without asking three severall Sabbaths before upon which have followed divers inconveniences a man hath been married to a woman her husband being alive and they not divorced some have been married to persons with whom they have committed adultery before and some have been married without the consent or knowledge of their parents Whereas by the book of Fasting authorized by the generall Assemblie and prefixed before the Psalmes no set or yeerly Fasts are allowed but disallowed as contrary to the libertie of the Church and to the nature of the exercise a Fast yet the said Master David Lindsey and his foresaid Colleagues respectivè have appointed yeerly Fasts and troubled some godly Professors for not observing the same Whereas the office of a Deacon is set forth in the book of Discipline and book of common order before the Psalmes according to the Word of God to have no medling with the preaching of the Word or the ministration of the Sacraments and by the first Confession of faith ratified in the Acts of Parliament chapter 23. Ministers called unto particular flocks have only power of the Ministration of the Sacraments yet the said Master David Lindsey with his foresaid Colleagues respectivè have given a power to certain Divines whom they make Deacons men not admitted to the calling of the ministerie to administer the Sacrament of Baptisme under the names and titles of preaching Deacons and they refuse to admit diverse men to the calling of the Ministerie before they be admitted to that Order Whereas it is ordained by the booke of Policie and Acts of the Assemblie that no man should receive ordination to the Ministerie without a present admission to a particular flock yet the said Master David Lindsey with his foresaid Colleagues respectivè have separated the Act of Ordination from the act of Admission Whereas according to the established order of the Church and the Acts of the Assemblie the ordination and admission of Ministers should be publick in the presence and with the consent of the Congregation yet the said Master David Lindsey with his foresaid Colleagues respectivè have given ordination to some men in other places not in their own Congregation violently have thrust upon them scandalous Ministers Whereas Ministers who teach erroneous and corrupt doctrine should be censured by the book of Discipline and by the Acts of the Assemblie yet the said Master David Lindsey and
his foresaid Colleagues respectivè have taught erroneous and corrupt doctrine themselves and by their pretended power have preferred to the Ministerie men who have taught erroneous doctrine against the Confession of Faith and Acts of Parliament quoted in our Covenant and they cherish and maintaine them who teach Arminianisme and Popery as conditionall Election Free will resistibilitie of effectuall Grace The universality of Christs death The merit of it in Heaven and in hell a finall apostacie of the Saints The locall descent of Christ into hell That Christ came into the world clauso Virginis utero auricular Confession and Papall absolution That the Pope is not Antichrist That the Church of Rome is a true Church That reconciliation with Rome is a thing easie That the Church of Rome erres not in fundamentals and that she differs not in fundamentals from the reformed Churches They call in question the imputation of Christs righteousnesse and they affirme the formall cause of justifying faith to consist in our inherent righteousnesse They affirme that there is a locall and circumscriptive presence of Christ in the Sacrament and they change the Sacrament into a Sacrifice and the Table into an Altar the Ministers into Priests There are other damnable and hereticall points of Doctrine which they maintaine of which we shall give particular information in our particular accusation of each one of them respectivè with the proofes thereof when we shall be required Whereas by the Acts of the Church no oaths or subscriptions should be required from those who enter into the Ministerie but to the Confession of faith and to the book of Policy yet the said Master David Lindsey with his foresaid Colleagues respectivè without a warrant from the Church or Parliament doe exact diverse oathes and subscriptions from them who enter into the Ministerie namely That they should both in publick and private prayers commend the Prelats to Gods mercifull protection That they should be subject to the orders which were now in the Church or by the consent of the Church that is by their consent as they affirme should be established as to the Service Book and to the Book of Canons The heavinesse of this grievance made the most part of his Majesties subjects to complaine in these Articles that worthy men which have testimonies of their learning from Universities and are tryed by Presbyteries to be fit for the worke of the Ministerie and for their gifts and lives were much desired by the people yet these men are kept out because they could not be perswaded to subscribe and swear unto such unlawfull oaths which have no warrant from the Acts of the Church nor the laws of the Kingdome and they were Articles and oaths conceived according to their pleasure and men of little worth and ready to sweare were for by-respects thrust upon the people and admitted to the most eminent places of the Church and of the Schools in Divinity which breeds continuall complaints and moves the people to run from their owne parish Churches refusing to receive the Sacrament from the hands of Ministers set over them against their hearts which makes them not to render unto them that honour which is due from the people to their Pastours and it is a mighty hinderance to the Gospel to the soules of the people and to the peace of this Church and Kingdome Whereas in the Assembly holden at Edinburgh in March ann 1578. it was declared that it was neither agreeable to the word of God nor to the practice of the Primitive Church that the Administration of the Word and Sacraments and the ministration of civill and criminall justice should be confounded that one person could supply both the charges but that a Minister should not be both a Minister and a Senator in the Colledge of justice And in the Assembly holden in October An. 1578. it was reckoned amongst the corruptions of the State of Bishops which they were charged to forgoe that they should usurp a criminall jurisdiction that they should not claime unto themselves the titles of Lords that they should onely be called by their owne names or brethren yet the said Master David Lindsey with his foresaid Colleagues respectivè have assumed to themselves the titles and honours of Lords they did sit as Senators in the Colledge of justice as Councellors in the Privie Councell as Auditors in the Exchequer and have enjoyed prime Offices of State The pretended Bishops have usurped the place and precedencie before all Temporall Lords the pretended Archbishops before all the Noble Earles of the land and the pretended Primate before the prime Officers of State in the land Whereas by the Word of God and Acts of the Assembly namely Anno 1576. 1577. and 1578. no man should be suffered to be a Minister unlesse hee be tied to a particular flocke and congregation and not to be tied to a particular flocke it is condemned as a corruption of the state of Bishops which they were charged to forgoe yet the said Master David Lindsey with his Colleagues respectivè foresaid are Ministers and will not be tied to particular flockes Whereas the office of a Bishop as it is now used within this Realm was condemned by the booke of policie and by the Act of the Assembly holden at Dundee Anno 1580. whereof these are the words Forasmuch as the office of a Bishop as it is now used and commonly taken within this Realme hath no sure warrant from authoritie nor good ground out of the Scriptures but it is brought in by the folly and corruptions of the inventions of men to the great hurt of the Church The whole Assembly of this Church with one voice after liberty given to all men to reason in the said matter no man opposing himself to maintain the said pretended office doe find and declare the said pretended office used and termed as is abovesaid unlawfull in it selfe as having neither ground nor warrant within the Word of God and we doe ordaine that all such persons which doe or shall hereafter enjoy the said office shall be charged simply to dismisse quit and leave the same as an office unto which they were not called by God and that they shall leave off all preaching ministration of the Sacraments or other offices of Pastors untill such time as they receive admission de novo from the generall Assembly under the paine of excommunication to be used against them and if they be found disobedient to contradict this Act in the least point after due admonition the sentence of excommunication shall be executed against them And for the better execution of the said Act it is ordained that a Synodall Assemblie shall be holden in everie Province in which usurping Bishops are 18. August next to come in which they shall be cyted and summoned by the Visitors of the said Countries to compeere before their Synodall Assemblies as namely The Archbishop of S. Andrewes to compeere at Saint Andrewes The Bishop of Aberdene in
Assemblie which they either had or have fraudulently put away and if any Pastor within this Presbyterie refuse to publish this cytation we require the Reader of the Church to do it In like manner wee require all parties who have interest either in pursuing or specifying or proving this complaint to be present at the said Assemblie for that purpose Upon which the complainers took instruments in the hands of the Notarie According to this complaint and the warrand of the Presbyteries reference of it I A. R. warne and admonish the abovenamed offenders to compeere before the next Generall Assemblie to bee holden at Glasgow 21. November for the causes contained in the complaint and for the certification expressed in it NOw though the verie reading of this Libell cannot chuse but work a detestation of it in the heart of everie religious and just man yet the Reader shall do well to take a more speciall notice of these particular passages of injustice and impietie in it First that the Presbyterie of Edinburgh taketh cognisance of the cause and accordingly makes cytation not onely of the Bishop of Edinburgh over whom they can have no jurisdiction but of all the rest of the Archbishops and Bishops of which none at all or certainely if any verie few are inhabitants within the bounds of their Presbyterie And who before this did ever heare that any Consistorie or Judicatorie Ecclesiasticall or Civill could make processe against any man or take cognisance of the cause of any man who was not an inhabitant nor had any charge or estate within the Precincts or bounds of those places which onely are liable to the jurisdiction of that Court Next who did ever heare that men should wittingly and willingly cyte others to answer for the transgression of acts and Lawes which they themselves do know were repealed by posteriour acts and Lawes and so stood at the time of this cytation and therefore can no wayes be censurable for them though it were true that the person cyted had done as it is alledged in the Libell and such be these acts of Assemblie cyted by them which were and still are disanulled by divers acts both of Assemblie and Parliament Thirdly who did ever heare that men should be called in question for yeelding obedience to acts of Parliament and Generall Assemblie and yet in this Libell the Prelats are charged with giving voices in Parliament and practising the five Articles of Perth and divers other particulars which then were and are now still in force by acts both of Parliament and Assemblie and if it should be said that these acts were unduly obtained which is the Covenanters onely plea sure to say so is a greater fault then the other for what Judge can ever give sentence in any cause if the asseveration of the partie aggrieved by the sentence that the Law was unjustly made may passe for a good plea Fourthly who ever heard that men should bee charged with yeelding obedience to acts commanded by the authoritie of Us and Our Councell especially in things not repugnant to any established Law of that Church and Kingdome and yet such are all these pretended Innovations with the introduction whereof the Prelats are charged in this Libell for they were injoyned and commanded first by Us and then by acts of Our Councell it being farre more agreeable to reason to complaine of the Lords of Our Councell by whose authoritie they were commanded then of those who in dutifull obedience to authoritie did practise them But indeed it is to bee wondred at with what face the Covenanters can blame either the one for commanding or the other for practising them For what ground have they or did they ever yet alledge for their swearing to the Confession of Faith and their Covenant annexed Did they ever yet alledge any but the authoritie of Our Royall Father and his Councell who by their authoritie commanded them to bee sworne throughout the Realme And did not We and Our Councell by equall authoritie command these pretended Innovations Was not then the Prelats practice of them as well warranted as this Confession of Faith and the band annexed which were never brought in by acts of Parliament or Assemblie but meerly by Our Royall Fathers Prerogative and put in execution by the authoritie of his Councell Fifthly who did ever heare that men professing Pietie and Religion durst adventure in the sight of God in the house of God and in the Pulpit which is as it were the Chaire of God and in the face of the Congregation which is the people of God to command the Bishops to be indited and accused of such horrible crimes as whoring excessive drinking excessive gaming swearing profane talking profanation of the Lords day contempt of Gods publike ordinances neglecting pietie in their families mocking of the power of preaching prayer and spirituall communication briberie simonie lying perjuries unhonest dealing in civill bargaines adulterie incest and what not We do even appeale to their owne consciences whether they did thinke all of them or any one of them guiltie of all these crimes Most certainly they did not and that excuse which they bring for the justifying of this wicked Libell cannot any wayes extenuate their fault They say that some particulars contained in the whole Libell may be proved against everie one of them and therefore it is a good and a legall Libell if they can make good any thing contained in it But bee it legall or not the world must needs take notice that it is most unconscionable The other things mentioned before and charged upon them in this Libell are not crimes at all being warranted by acts of Parliament Assembly and Councell these last rehearsed are crimes indeed odious in the sight of God and man and of which as if they be guilty the Bishops deserve death and exquisite torments so if they who have accused them of these crimes shall faile in proving them to bee guiltie they deserve to bee infamous throughout all generations for the most malicious and malignant traducers of the servants of God that ever lived upon the earth and must looke for the unavoidable judgements of God to fall upon them and their whole families for this so horrible a crime committed wilfully against the knowledge of their owne consciences unlesse they doe expiate it with the bitter teares of repentance For We desire them to declare bonâ fide whether they themselves did beleeve or conceive all the Bishops accused in the Libell or onely some of them to bee guiltie of these last recyted crimes If not all but some why did they not distinguish them that the people might know whom they should take for guiltie and whom for not guiltie Nay did they not beleeve and know that some of these Bishops were holy and learned men free from the crimes objected For instance We will onely name the Bishop of Edinburgh seeing in the principall Presbyterie of his Diocesse this Libell was presented admitted
of attestation called God to witnesse to it It had like to have growne to a hot contestation but that that night the Assembly was dismissed The next day upon their first sitting down they urged presently the choice of a Moderatour but Our Commissioner desired first Our Letter to the Assembly to be read which was done and it was thus ALthough Wee be not ignorant that the best of Our actions have beene mistaken by many of Our subjects in that Our ancient Kingdome as if Wee had intended innovation in Religion or Lawes yet considering nothing to be more incumbent to the duty of a Christian King then the advancement of Gods glory and the true Religion forgetting what is past We have seriously taken to Our Princely consideration such particulars as may settle and establish the truth of Religion in that Our ancient Kingdome and also to satisfie all Our good people of the reality of Our intentions herein having indicted a free Generall Assembly to be kept at Glasgow the 21. of this instant Wee have likewise appointed Our Commissioner to attend the same from whom you are to expect Our pleasure in every thing and to whom Wee require you to give that true and due respect and obedience as if Wee were personally present Our selves And in full assurance of Our consent to what he shall in Our name promise We have signed these and wills the same for a testimonie to posterity to bee registred in the Bookes of the Assembly At White-Hall the 29. of October 1638. THen they called againe for the choice of a Moderator at which time one Doctor Hammilton presented to Our Commissioner a Declinator and Protestation in the name of the Bishops against the Assembly containing the nullities of it with a desire that it might be read and a publique Act entred for the production of it Upon this there arose a very great heat in the Assembly they alledging that nothing could be done untill a Moderator was chosen and they did directly refuse to reade the said Declinator upon which both Our Commissioner entred a Protestation in Our Clerke of Registers hands against the refusall of it and tooke instruments thereupon and so likewise did Doctor Hammilton in the name of the Bishops At last they proceeded to the choice of a Moderator to which before Our Commissioner gave way hee entred as before another Protestation that their Act of chusing should neither prejudice Our Prerogative and Authoritie nor any Law or Custome of that Church and Kingdome nor barre him when he should see cause from taking legall exceptions either against the person elected or the illegalitie of his election And so they having put divers other stales upon the List accordingly as it was resolved upon before at their Tables in Edinburgh without one contrarie voice except his owne who could not chuse himselfe one Master Alexander Henderson the prime and most rigid Covenanter in the Kingdome was chosen Moderator The third day Our Commissioner at their first meeting required againe that the Bishops Declinator and Protestation might be read which hee conceived they had promised after the Moderator should be chosen but they rejected it againe adding then that the Assembly must be fully constituted of all it members and bee once an Assembly before any thing could be presented to it To which it was answered by Our Commissioner That hee required it onely to be read not to be discussed untill the members of the Assembly were constituted by allowing of their severall Commissions because this Declinator contained reasons why either all or at least some elected should not be admitted Commissioners in the Assembly because of the nullities of the elections expressed in the Declinator which reasons containing the said nullities might perswade as they hoped with them for the rejecting their Commissions which could not bee done after their approving and allowing of them and so by vertue of these Commissions admitting them for constituted members of the Assembly The reason why Our Commissioner did so earnestly urge the reading of that Declinator was because he did fore-see the fallacie which they meant to use viz. The Declinator cannot be read before the Assembly bee constituted and they fearing that the Declinator contained reasons against the constitution of it by such members as were elected and that after they were once admitted it was too late to alledge any reasons for then they were sure to answer that all elections were discussed and the members of the Assembly received and therefore nothing then to bee heard against either which indeed afterward was their very answer There was nothing left here to Our Commissioner but entring a Protestation as formerly and solemnly calling themselves to witnesse whether with any shew of justice the reading of the Bishops Protestation could bee denied before the elections were admitted the principall aime of it being to shew reasons why they could not be admitted wondering with what colour or face they above all men could doe it who had read and published so many Protestations both against Our Proclamations and Acts of Our Councell and so how they could denie to Our Commissioner a thing required in Our name and by Our authoritie which they themselves had practised without any warrantie or authoritie at all But all in vaine for not the least resolution taken at Edinburgh must suffer any abatement and therefore rejecting the reading of the Declinator they first put by the Clerke of the Assembly his sonne who by reason of his fathers sicknesse had a lawfull deputation from him and whom as it seemeth they afterward wrought to a demission and went on to the election of a new Clerke whom without one contrarie voice they did chuse viz. one Master Archibald Johnston an Advocate the Clerke of their Tables at Edinburgh against whose election Our Commissioner likewise protested as formerly At his admission hee made a short speech declaring against his conscience his unwillingnesse to accept that charge but yet affirming that at this time hee would not bee wanting to contribute his part towards the defence of the prerogative of the Sonne of God as if that now had been in any danger The fourth day they begun the reading of the severall Commissions Our Commissioner as formerly entred a Protestation to take exception against their elections in his owne due time onely hee was content they should goe on that he might see their justice in allowing or disallowing the elections of which he knew many to be very untoward and made with violence Now the Reader is carefully to observe their partialitie in admitting or rejecting elections for wheresoever there was a Non-covenanter chosen of which number there were not above two or three or any moderate Covenanter not designed by them at Edinburgh and chosen according to their secret instructions with which the Reader shall afterward be made acquainted them they either quite rejected or suspended from voice untill some exceptions made against their election should bee discussed
in a Nationall Assemblie due reverence being kept and confusion avoided But that any Lay-man except hee bee delegate by Soveraigne authoritie shall presume to have a definitive and decisive voice we esteeme it to bee intrusion uppon the Pastorall charge and without warrant May we not therefore intreat my Lord Commissioner his Grace in the words of the Fathers of the fourth generall Councell at Chalcedon Mitte for as superfluos Nor will a pious Prince bee offended with it but with Theodosius the younger will say Illegitimum est eum qui non sit in ordine Sanctissimorum Episcoporum Ecclesiasticus immisceri tractatibus And Pulcheria the Empresse commanded Strategus Ut Clerici Monachi Laici virepellerentur exceptis paucis illis quos Episcopi secum duxerunt Upon this respect was Martinus in that Councell of Chalcedon moved to say Non esse suum sed Episcoporum tantum subscribere If these pretended Commissioners both Lay and Ecclesiasticall were lawfully authorized as it is evident they are not and for none other cause declinable yet the Law doth admit that justly a Judge may be declined who is probably suspect And of all probabilities this is the most pregnant when the Judge before he come to judgement doth give sentence of these things he hath to judge This made our Reformers protestation against the Councel of Trent valide and their not compearing justifiable because Pope Leo 10. had precondemned Luther as appeared by his Bull dated 8. Junii 1520. renewed by Paul 3. dated in Aug. 1535. This was the cause why Athanasius would not give his appearance at some Councels nor Hosius of Corduba nor Maximus Patriarch of Constantinople But so it is the most part if not all of the said Commissioners directed to this meeting have precondemned Episcopall Government and condemned at least suspended obedience to the Acts of the generall Assemblie and Parliament concerning the five Articles of Perth have approven their Covenant as most necessarie to be embraced of all in this Kingdome and not onely have given judgement of these things before hand but by most solemne oaths have bound themselves to defend and stand to the same as doth appeare by their Covenant Petitions Protestations Pamphlets Libels and Sermons and therefore by no Law nor equitie can these pretended Commissioners bee admitted to determine in this meeting concerning these persons and points which before hand they have so unjustly condemned Further with no Law nor reason can it subsist that the same persons shall be both Judges and Parties And wee appeale the consciences of all honest men if all at least the greatest part of the pretended Commissioners have not declared themselves partie to the Archbishops and Bishops of this Church for in that they have declined the Bishops to be their Judges as being their partie as their Declinators Petitions Declarations and Protestations do beare have they not simul semel ipso facto declared themselves to bee partie against Bishops whom they have not onely declined but persecuted by their calumnies and reproaches vented by word and writ in publike and in private by invading their persons opposing and oppressing them by strength of an unlawfull Combination for the subscribing and swearing whereof they have by their owne authoritie indicted and kept Fasts not onely in their owne Churches but where worthie men refused to bee accessorie to these disorderly and impious courses they have by aid of the unruly multitude entred their Churches usurped upon their charges reading and causing to bee read that unlawfull Covenant by threatning and menacing compelling some otherwise unwilling out of just feare to set their hands to it by processing suspending and removing obedient and worthie Ministers from their places by the usurped authoritie of their Table and Presbyteries And whereas by all Law and Justice persons finding themselves wronged in judgement have never beene denied the remedie of declinatorie and appellation neverthelesse not a few of these Presbyteries have proceeded against sundrie worthie Ministers who have declined and appealed from their judgements without respect to this defence by these meanes craftily intending to disable them to bee Commissioners for the Church directly or indirectly causing their stipends to bee kept back from them By which meanes not the least part of the subscribing Ministers have beene gained to their Covenant But it is without example uncharitable and illegall that under the pretext of summons the like whereof was never used nor in the like manner against the most hainous malefactors in the Kingdome they have devised forged vented and published a most infamous and scurrile Libell full of impudent lies and malicious calumnies against the Archbishops and Bishops of this Church and have first given out from their Table the order prescribed in these subsequent Articles which we have insert that the world may bee witnesse of the illegalitie and maliciousnesse of their proceedings I. TO desire the Presbyterie of every Bishop especially where he keeps his residence as also the Presbyterie where his Cathedrall seat is to have a speciall care of this Bill and complaint against the Prelats and particularly against the Bishop of their Diocese II. That some Noblemen if any be within the Presbyterie some Gentlemen and Barons some Ministers and some Commons who are not chosen Commissioners to the Assemblie in their owne Name and in Name of all other Covenanters or Complainers either within the Presbyterie or Diocese or whole Kingdome who are not Commissioners to the Assemblie will adhere and assist in this Complaint that they present this Bill to the Presbyterie III. That they who are Complainers have a particular care to fill up the Blanks left in the Bill in the subsumptions of the particular faults committed by the Bishop of the Diocese against these generall Rules Canons and Acts or if these Blanks will not containe the same that the Complainers draw up in a particular claime all the particular faults and transgressions of the Bishop of that Diocese against these Rules Canons and Acts or any other Law of the Church or Kingdome and present the same to the Presbyterie with this generall complaint And if they cannot get the particulars presently ready notwithstanding they present without any delay because of the scarcenesse of the time this complaint as it stands with the Blanks and in the meane time may gather any other particulars against the Assemblie to which this complaint is to be referred IIII. That the Presbyterie finding the complaint important and the generall Assemblie so approaching referre the same to the generall Assemblie by an Act of this reference insert in the Books of the Presbyterie V. That upon this reference of the complaint to the Assemblie the Presbyterie admonish the complainers apud acta to be present at the said Assemblie for assisting and verifying of the said complaint VI. That the Presbyterie ordaine all their Pastors out of Pulpit on a Sabbath day before noone to cause read publikely this whole
supplication be not admitted which we hope and earnestly pray may be graciously accepted then this our protestation may be of force against such Lawes and proceedings that may follow thereupon Thus hoping for your charitable construction of this our necessarie duty in so eminent a danger of the Church and humbly intreating these presents may be put upon Record We rest ANd when the Protestation of the Presbyterie of Glasgow which was a very strong one begun to bee read the Principall of the Colledge there desired the forbearance of it for a time to which the Moderatour gladly yeelded but Our Commissioner who had delivered it in with his owne hands pressed the reading of it out which the Moderatour refused alledging that any man might withdraw his owne Protestation much more desire the forbearance of reading of it to which Our Commissioner replyed That the Protestation was subscribed not onely by the hand of the Principall but the major part of the Ministers of that Presbyterie of whom many were Covenanters that in all their names it was presented unto him and therefore could not be re-called by any one of them without the consent of the rest praying him that it might bee read out to the end but all in vaine for no justice could be had from them especially in a point which so much concerned their reputation for they conceived it would bee a great blurre to their businesse if a Protestation made by that Presbyterie in which was the seat of the Assembly should bee knowne and therefore they would neither reade it nor did they deliver it backe againe against all rules both of justice and equitie After this contest the Assembly for that night was dismissed Our Commissioner wondring that the Principall of the Colledge should in publique desire the forbearance of publishing the Protestation of the Presbyterie of Glasgow in the Assembly used meanes to know the reason of it and found by the averment of persons of good credit upon their owne knowledge that the night before late at ten of the clocke the Lord Lowdan and the Moderatour with divers others Covenanting-Ministers had been with the Principall and told him that the Presbyteriall Protestation would make a great division amongst them that unlesse he did withdraw it hee must never looke to live quietly in Glasgow nor any where in Scotland that the Principall told them it was presented to Our Commissioner from whom it was not possible to recover it that then by the same threatnings they adjured him to desire the forbearance of reading of it if it should bee tendered to the Assembly that after they were parted from him his wife all in teares begged the like of him affirming that the Lord Lindsey had been with her and sworne to her that both he and his must be utterly ruined if shee could not prevaile with him for re-calling that Protestation This and many other passages heretofore mentioned banishing quite out of Our Commissioners mind and the minds of all Our well affected Councellours there present all hopes not onely of just and faire but even of formall proceedings in that Assembly where not so much as the shew and countenance of justice was to be discerned nor any thing but the power and obstinate wilfulnesse of the Covenanters and the unanswerable nullities of this Assembly in regard both of the members elected and the manner of their election being throughly considered and the reasons of the Bishops Declinator presented to Our Commissioner being seriously weighed by which they did not decline the judgement of a generall Assembly lawfully constituted but onely of this Assembly which was to bee accounted far rather a Laicall convention then Ecclesiasticall all the members whereof had barred themselves from being Judges by their solemn oath of combination for the rooting out of that Kingdome both the Bishops persons and callings to whose sentence We or Our Commissioner could not deliver them over without betraying all courses of justice and denying to Our Bishops that protection which cannot bee denied by Us to any of Our subjects viz. the benefit of the Lawes of that Our Church and Kingdome And besides Our Commissioner having certaine and unquestionable intelligence of the Covenanters unmoveable resolution that although the Assembly should be continued and all things which they desired even to their own wishes should be granted and effected yet that the quietnesse and peace of that Kingdome should be never a whit the more settled or established but that they were determined to chuse at this assembly certain Committees who under the name of Commissioners from the generall Assembly should keep up their Tables and bee chosen and continued from one Assembly to another and so hold on the same rebellious courses which they have held ever since the first erection of their Tables to the utter overthrow of Our royall Authoritie and the authoritie of the Lords of Our Councell and Lords of Our Session under Us and Our Commissioner well weighing Our instructions according to which hee was to carry himselfe in this Assembly if hee should find that these mischiefes and courses of injustice could not bee stopped resolved the next day according to Our speciall commandment in Our name and by Our authoritie to dissolve that Assembly whose aime was onely to robbe Us of Our Soveraigne power and to put it in the hands of their Commissioners According to which resolution Our Commissioner the next day being Wednesday the 28. of November went betimes in the morning to the Church and Our Councell having warning over night met him in the Chapter-house where they sate in consultation before they went to the Assembly He did then impart to them the resolution he had to dissolve the Assembly and did aske their advice for the manner of doing it after hearing each of their advice severally he was confirmed in his resolution The reason why Our Commissioner held the Councell in that place was because some of Our Councell who were present should have no time to communicate his resolution to the Covenanters nor to consult with them about the hindering it the Assembly being fully set before the Councell came out so that what had passed there could not be communicated to them The first thing propounded there by the Moderatour that day was this A day or two before there were brought into the Assembly three or foure great volumes by their new Clerke which he alledged were the Acts of the generall Assembly from the very first reformation of that Church which by the speciall providence of God and his own carefull industry had been recovered else they had been lost for ever to the invaluable losse of the puritie of the Religion and Discipline established amongst them for they had been throwne by for many yeeres untill he by some strange accident had light upon them after which speech of the Clerke the Moderatour had desired them to chuse a Committee to peruse these Bookes and to report to the Assembly whether
disorders absolutely forgotten and forgiven and for the more full and cleare extirpating all ground and occasion of feares of innovation of Religion We had commanded the confession of faith and band for maintenance thereof and of authoritie in defence of the same subscribed by Our deare Father and his houshold in anno 1580. to bee renewed and subscribed againe by Our subjects here Like as for settling of a perfect peace in the Church and Common-wealth of this Kingdome We caused indict a free generall Assembly to bee holden at Glasgow the 21. of this instant and thereafter a Parliament in May 1639. By which element dealing We looked assuredly to have reduced Our subjects to their former quiet behaviour and dutifull carriage whereto they are bound by the Word of God and Lawes both nationall and municipall to Us their native and Soveraigne Prince And albeit the wished effects did not follow but by the contrary by Our so gracious procedure they were rather emboldened not onely to continue in their stubborne and unlawfull waies but also daily adde to their former procedures acts of neglect and contempt of authority as evidently appeared by open opposing of Our just and religious pleasure and command exprest in Our last Proclamation anent the discharge of the Service Booke Booke of Canons high Commission c. protesting against the same and striving by many indirect meanes to withdraw the hearts of Our good people not onely from a hearty acknowledgement of Our gracious dealing with them but also from the due obedience to those Our just religious commands notwithstanding We had been formerly so oft petitioned by themselves for the same By their daily and hourely guarding and watching about Our Castle of Edinburgh suffering nothing to bee imported therein but at their discretion And openly stopping and impeding any importation of ammunition or other necessaries whatsoever to any other of Our houses within that Kingdome Denying to Us their Soveraigne Lord that libertie and freedome which the meanest of them assume to themselves an act without precedent or example in the Christian world By making of Convocations and Councell Tables of Nobility Gentry Burrowes and Ministers within the Citie of Edinburgh where not regarding the Lawes of the Kingdome they without warrant of authoritie conveene assemble and treat upon matters as well ecclesiasticall as civill send their injunctions and directions throughout the countrey to their subordinate Tables and other under-ministers appointed by them for that effect And under colour and pretext of Religion exercing an unwarranted and unbounded libertie require obedience to their illegall and unlawfull procedures and directions to the great and seen prejudice of Authority and lawfull Monarchicall government And notwithstanding it was evidently manifest by the illegall and unformall course taken in the election of their Commissioners for the Assembly whereof some are under the censure of this Church some under the censure of the Church of Ireland and some long since banished for open and avowed teaching against Monarchie others of them suspended and some admitted to the Ministerie contrary to the forme prescribed by the Lawes of this Kingdome others of them a long time since denounced Rebels and put to the Horne who by all law and unviolable custome and practique of this Kingdome are and ever have been incapable either to pursue or defend before any Judicatorie far lesse to be Judges themselves some of them confined and all of them by oath and subscription bound to the overthrow of Episcopacie And by this and other their under-hand working and private informations and perswasions have given just ground of suspicion of their partiality herein so made themselves unfit Judges of what concerneth Episcopacie And also it was sufficiently cleared by the peremptorie and illegall procedures of the Presbyteries who at their own hand by order of law and without due forme of processe thrust out the Moderatours lawfully established and placed others whom they found most inclinable to their turbulent humours associate to themselves for the choosing of the said Commissioners for the Assembly a Laick-Elder out of each Paroch who being in most places equall if not moe in number then the Ministerie made choice both of the Ministers who should be Commissioners from the Presbyteries as also of a Ruling-Elder being directed more therein by the warrants from the foresaid pretended Tables then by their owne judgements as appeares by the severall private instructions sent from them farre contrary to the Lawes of the Countrey and lowable custome of the Church by which doings it is too manifest that no calme nor peaceable procedure or course could have been expected from this Assembly for settling of the present disorders and distractions Yet We were pleased herein in some sort to blindfold Our own judgement and over-looke the saids disorders and patiently to attend the meeting of the said Assembly still hoping that when they were met together by Our Commissioner his presence and assistance of such other well disposed subjects who were to be there and by their owne seeing the reall performance of all that was promised by Our last Proclamation they should have been induced to returne to their due obedience of subjects But perceiving that their seditious disposition still increases by their repairing to the said Assembly with great bands and troupes of men all boddin in feare of warre with guns and pistolets contrarie to the lawes of this Kingdome custome observed in all Assemblies and in high contempt of Our last Proclamation at Edinburgh the 16. of this instant As also by their peremptory refusing of Our Assessors authorized by Us although fewer in number then Our dearest Father was in use to have at divers Assemblies the power of voting in this Assembly as formerly they have done in other Assemblies and by their partiall unjust and unchristian refusing and not suffering to bee read the reasons and arguments given in by the Bishops and their adherents to Our Commissioner why the Assembly ought not to proceed to the election of a Moderatour without them neither yet to the admitting of any of the Commissioners of the saids Commissioners from Presbyteries before they were heard object against the same though earnestly required by our Commissioner in our name And notwithstanding that our Commissioner under his hand by warrant from us gave in a sufficient declaration of all that was contained in our late proclamation and declaration the same bearing likewise our pleasure of the registration of the same in the books of assembly for the full assurance of the true religion to all our good subjects And yet not resting satisfied therewith lest the continuance of their meeting together might produce other the like dangerous acts derogatorie to royall authoritie we have thought good for preveening thereof and for the whole causes and reasons above-mentioned and divers others importing the true monarchicall government of this estate to dissolve and breake up the said assembly And therefore OVR will is and we
this assemblie under the paine of treason and after seven dayes sitting declare all Acts made or hereafter to be made in this Assemblie to be of no force nor strength and that for such causes as are either expressed in his Maiesties former proclamations and so are answered in our former protestations or set downe in the declinatour and protestation presented in name of the Prelats which are fully cleared in our answer made thereto or else were long since proponed by the Commissioner his Grace in his eleven articles or demands sent unto us before the indiction of the Assembly and so were satisfied by our answers which his Grace acknowledged by promising after the recept thereof to procure a free generall Assembly with power to determine upon all questions anent the members manner and matters thereof all which for avoiding tediousnesse we here repeat Or otherwise the said causes alleadged by the Commissioner were proponed by His Grace in the Assemblie such as first that the â—ssemblie refused to reade the Declinatour and Protestation exhibited by the Prelats which neverthelesse was publickly read and considered by the assemblie immediately after the election of a Moderatour and constitution of the Members before the which there was no assemblie established to whom the same could have been read Next that ruling Elders were permitted to have voice in the election of commissioners from Presbyteries which was knowne to His Grace before the indiction and meeting of the assembly and is so agreeable to the acts and practice of this Church in violably observed before the late times of corruption that not one of the assembly doubted thereof to whom by the indiction and promise of a free assembly the determination of that question anent the members constituent propertie belonged And last that the voices of the six Assessors who did sit with His Grace were not asked and numbered which we could not conceive to be any just cause of offence since after 39. Nationall assemblies of this reformed church where neither the Kings Majestie nor any in his name was present at the humble and earnest desire of the assembly His Majestie graciously vouchsafed His presence either in His owne Royall Person or by a Commissioner not for voting or multiplying of voices but as Princes and Emperours of old in a Princely manner to countenance that meeting and to preside in it for externall order and if Wee had been honoured with His Majesties Personall presence His Majestie according to the practice of King James of blessed memorie would have onely given his owne Iudgement in voting of matters and would not have called others who had not been cloathed with commission from the church to carry things by pluralitie of voices Therefore in conscience of our duty to God and his truth the King and his honour the Church and her liberties this Kingdome and her peace this Assemblie and her freedome to our selves and our safety to our Posterity Persons and Estates We professe with sorrowfull and heavie but loyall hearts That We cannot dissolve this Assemblie for the reasons following 1. For the reasons already printed anent the necessity of conveening a Generall Assemblie which are now more strong in this case seeing the Assemblie was already indicted by his Majesties authority did conveene and is fully constitute in all the members thereof according to the Word of God and discipline of this church in the presence and audience of his Majesties Commissioner who hath really acknowledged the same by assisting therein seven dayes and exhibition of His Majesties Royall Declaration to be registrate in the Bookes of this Assemblie which accordingly is done 2. For the reasons contained in the former Protestations made in name of the Noblemen Barons Burgesses Ministers and Commons whereunto We doe now iudicially adhere as also unto the Confession of Faith covenant subscribed sworn by the Body of this Kingdome 3. Because as We are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by Vs So the Kings Maiestie and his Commissioner and Privie Councell have urged many of this Kingdome to subscribe the Confession of Faith made in an 1580. and 1590. and so to returne to the doctrine and discipline of this Church as it was then professed But it is cleare by the doctrine and discipline of this Church contained in the book of Policie then registrate in the books of Assemblie subscribed by the Presbyteries of this Church That it was most unlawfull in it selfe and preiudiciall to these priviledges which Christ in his Word hath left to his Church to dissolve or breake up the Assemblie of this Church or to stop and stay their proceedings in constitution of Acts for the welfare of the Church or execution of discipline against offenders and so to make it appeare that Religion and Church-government should depend absolutely upon the pleasure of the Prince 4. Because there is no ground of pretence either by Act of Assemblie or Parliament or any preceding practice whereby the Kings Maiestie may lawfully dissolve the Generall Assemblie of the Church of Scotland far lesse His Maiesties Commissioner who by his commission hath power to indict and keep it secundùm legem praxim But upon the contrarie His Maiesties prerogative Royall is declared by Act of Parliament to be no wayes preiudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers and meetings of this Church which are most frequently ratified in Parliaments and especially in the last Parliament holden by His Maiestie himself which priviledges and liberties of the Church his Maiestie will never diminish or infringe being bound to maintain the same in integritie by solemn oath given at his Royal Coronation in this Kingdome 5. The Assemblies of this Church have still inioyed this freedome of uninterrupted sitting without or notwithstanding any contramand as is evident by all the Records thereof and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Majestie his Commissioner and Councell to stay their processe against Master Robert Montgomerie pretended Bishop of Glasgow or otherwise to dissolve and rise did notwithstanding shew their liberty and freedome by continuing and sitting still and without any stay going on in that processe against the said Master Robert to the finall end thereof And thereafter by letter to his Majestie did shew clearly how far his Majestie had been uninformed and upon misinformation prejudged the prerogative of Jesus Christ and the liberties of this Church and did inact and ordain that none should procure any such warrant or charge under the pain of excommunication 6. Because now to dissolve after so many supplications and complaints after so many reiterared promises after our long attendance and expectation after so many references of processes from Presbyteries after the publick indiction of the Assemblie and the solemn Fast appointed for the same after frequent Convention formall
constitution of the Assemblie in all the members thereof and seven dayes sitting were by this act to offend God contemne the Subjects petitions deceive many of their conceived hopes of redresse of the calamities of the Church and Kingdome multiply the combustions of this Church and make every man despair hereafter ever to see Religion established Innovations removed the Subjects complaint respected or the offenders punished with consent of authority and so by casting the Church loose and desolate would abandon both to ruine 7. It is most necessary to continue this Assembly for preveening the prejudices which may ensue upon the pretence of two Covenants whereas indeed there is but one That first subscribed in 1580 and 1590 being a Nationall covenant and oath to God which is lately renewed by Vs with that necessary explanation which the corruptions introduced since that time contrary to the same inforced which is also acknowledged by the Act of councell in September last declaring the same to be subscribed as it was meaned the time of the first subscription And therefore for removing that shame and all prejudices which may follow upon the show of two different covenants confessions of Faith in one Nation The Assemblie cannot dissolve before it trie find and determine that both these covenants are but one and the self same covenant The latter renewed by us agreeing to the true genuine sense and meaning of the first as it was subscribed in Anno 1580. For these and many other reasons We the Members of this assemblie in our owne name and in the name of the Kirk of Scotland whom We represent and We Noblemen Barons Gentlemen Ministers Burgesses and Commons before mentioned doe solemnly declare in the presence of the everliving God and before all men And protest 1. That our thoughts are not guilty of any thing which is not incumbent to us as good Christians towards God and loyall Subjects towards our sacred Soveraigne 2. That all the Protestations generall or particular proponed or to be proponed by the commissioner his Grace or the Prelates and their adherents may be presently discussed before this generall Assemblie being the highest Ecclesiasticall judicatorie of this kingdome and that his Grace depart not till the same be done 3. That the Lord commissioner depart not till this Assemblie doe fully settle the solide peace of this church cognoscing and examining the corruptions introduced upon the doctrine and discipline thereof and for attaining hereof and removing all just exceptions which may be taken at our proceedings we attest GOD the searcher of all hearts that our intentions and whole proceedings in this present assemblie have beene are and shall be according to the word of GOD the lawes and constitutions of this church the confession of faith our nationall oath and that measure of light which GOD the father of light shall grant us and that in the sincerity of our hearts without any preoccupation or passion 4. That if the Commissioner his Grace depart and leave this church and kingdome in this present disorder and discharge this assemblie that it is both lawfull and necessarie for Vs to sit still and continue in keeping this present Assemblie indicted by His Majestie till we have tryed judged censured all the bygone evils and the introductors and provided a solide course for continuing Gods truth in this land with purity and liberty according to his Word our oath and Confession of Faith and the lawfull constitutions of this Church and that with the grace of God We and every one of Vs adhering hereunto shall sit still and continue in this Assemblie till after the finall setling and conclusion of all matters it be dissolved by common consent of all the members thereof 5. That this Assemblie is and should be esteemed and obeyed as a most lawfull full and free generall Assembly of this Kingdome And that all acts sentences constitutions censures and proceedings of this Assemblie are in the selfe and should be reputed obeyed and observed by all the subjects of this Kingdome and members of this Church as the actions sentences constitutions censures and proceedings of a full and free generall Assembly of this Church of Scotland and to have all ready execution under the Ecclesiasticall paines contained or to bee contained therein and conforme thereto in all points 6. That whatsoever inconvenience fall out by impeding molesting or staying the free meeting sitting reasoning or concluding of this present Assembly in matters belonging to their judicatorie by the word of God lawes and practice of this Church and the Confession of Faith or in the observing and obeying the acts ordinances and conclusions thereof or execution to follow thereupon That the same be not imputed unto us or any of us who most ardently desired the concurrence of his Majesties Commissioner to this lawfull Assembly But upon the contrary that the Prelats and their adherents who have protested and declined this present Assemblie in conscience of their owne guiltinesse not daring to abide any legall tryall and by their mis-information have moved the Commissioner his Grace to depart and discharge this Assemblie be esteemed repute and holden the disturbers of the peace and overthrowers of the liberties of the Church and guiltie of all the evils which shall follow hereupon and condignely censured according to the greatnesse of their fault and Acts of the Church and Realme And to this end wee againe and again doe by these presents cite and summon them and everie one of them to compeere before this present generall Assembly to answer to the premises and to give in their reasons defences and answers against the complaints given in or to bee given in against them and to heare probation led and sentence pronounced against them and conforme to our former cytations and according to Justice with certification as effeirs Like as by these presents we summon and cyte all those of his Majesties Councell or any other who have procured consented subscribed or ratified this present Proclamation to be responsable to his Majesty and three Estates of Parliament for their counsell given in this matter so highly importing his Majestie and the whole Realme conforme to the 12. Act. King James 4. Parliament 2. And protest for remedy of law against them and every one of them 7. And lastly wee protest that as we adhere to the former protestations all and every one of them made in the name of the Noblemen Barons Gentlemen Ministers Burghes and Commons So seeing wee are surprised by the Commissioner his Graces sudden departing farre contrary to his Majesties indiction and our expectation we may extend this our protestation and adde more reasons thereunto in greater length and number whereby wee may fully cleare before God and man the equitie of our intentions and lawfulnesse of our proceedings And upon the whole premises the foresaid persons for themselves and in name aforesaid asked Instruments This was done in the high Church of Glasgow in publike
Our Commissioner acknowledged so much is all of equall untruth with the former for neither have they satisfied the Bishops reasons propounded in their Declinator nor gave they any satisfaction to Our Commissioner his eleven Articles or Demands and that Our Commissioner acknowledged that hee had received satisfaction to them is so manifest an untruth as they themselves doe know there is no colour for it They affirme within a few lines after that Our Commissioner did know before the indiction of the Assembly that ruling Elders were to have voices in the election of Commissioners from Presbyteries He did know it indeed but could not tell how to helpe it and so soone as he did know it which was immediately before the indiction of the Assembly he did sharply expostulate it with them and assured them that it would induce a nullitie upon the elections made to the Assembly That We would never allow any for members of the Assembly who were so chosen That he had notice of this their intention by the complaints of many covenanting Ministers who were resolved to protest against all such elections but that he did know of any such elections with approbation of them cannot be charged upon him And whereas they say that these elections are agreeable to the Acts and practice of that Church they have received already a sufficient challenge to make that good which undoubtedly they cannot And where they adde that not one of the Assembly doubted thereof it is well knowne that some of the Ministers of Edinburgh and many more Ministers of the Assembly did grieve at it but did not know how to remedy it The whole third Section is so derogatorie to Our Royall authoritie and indeed doth so unworthily debase the authoritie of Monarchs as it is not to be answered any way but by justice for it giveth no more power to Us if We had beene present and sitting at the Assembly at Glasgow then Thomas Patterson a Taylor of Edinburgh had who sate Commissioner there After they subjoine some reasons for their Protestation In the first they affirme that the Assembly was constituted by the word of God but they doe not prove it and sure never will Then they affirme that Our Commissioner acknowledged the lawfulnesse of their Assembly by assisting therein seven dayes but they conceale that he solemnely protested and entred his particular Protestation against every thing they said or did in it and if hee who protesteth against a thing may be said to acknowledge the lawfulnesse of it then it may be that they themselves doe acknowledge the justice and equitie of all Our Proclamations and Our power and authoritie in discharging of this Assembly notwithstanding all their Protestations made against these And for Our Commissioner his exhibition of Our Royall Declaration to be registred in the Bookes of this Assembly let the Reader remember the Protestation before mentioned which Our Commissioner made when he did so and that scruple is quickly removed Their second and third reasons are of their owne fancies They have lately sworne so and to that sense they have explicated their Covenant therefore it must be so But they did wrong in both and therefore none must follow them in either for every Oath unlawfully taken is unlawfully kept Their fourth reason hath not one true word in it for there is Law for Our authoritie to dissolve the Assembly there being an expresse Act of Parliament which giveth Us the sole power of indicting of an Assembly viz. the first act of the 21. Parliament of Our Royall Father and sure ejusdem est destituere cujus est instituere whosoever hath the power of indicting hath the power of dissolving They adde that there is no preceding practice for it We wonder they can or dare affirme it Did not Our Royall Father discharge that Assembly at Aberdene and when some few turbulent Ministers did notwithstanding hold it were they not convented before the Lords of his Councell for it who undoubtedly had punished them most severely if by their declining of the Councells authoritie and appealing to a Generall Assemblie they had not falne into an act of treason and so by Our Councell were turned over to the Judges in criminall causes before whom by a Jurie or Assise they were found guiltie of treason for that act of declining Our Royall Father and his Councells authoritie all which we touched a little before And that by clayming Our power to indict or dissolve the Assemblies of the Church We doe infringe the priviledge and liberties of the Church or doe any act not consistent with the Oath which We took at Our Coronation in that Kingdome as is suggested in this fourth reason is most falsly and most seditiously affirmed onely for drawing away of the hearts of Our good subjects from Us and our government The Act of Parliament for Our sole power of indicting Assemblies here followeth A ratification of the Acts and conclusions set down and agreed upon in the generall Assembly of the Church kept in Glasgow in the month of June 1610. together with an explanation made by the Estates of some of the Articles of the same CHAP. I. The act is long and hath many branches We only recite two First it confirmes that Act of the Assembly which acknowledgeth the indiction of the general Assemblie of the Church to appertaine to his Majestie by the prerogative of his Royall Crowne and in the last branch of the act Our Royall Father and the three Estates doe annull and rescind the 114. Act of the Parliament held in Anno 1592 which did give some power to the generall Assemblie in some cases of themselves to indict a new Assemblie Their fifth reason conteineth an instance of an Assemblie that would not stay a Processe which they had intended against Archbishop Montgomerie the Archbishop of Glasgow nor yet dissolve it selfe notwithstanding they were charged by Our Royall Father and his Councell with Letters of Horning and Rebellion to doe one of the two An excellent argument Because one Assembly did wickedly and that which they could not doe we must doe so likewise as if many yeeres hence an Assembly being charged by one of Our Successours to dissolve should not obey but alledge for their defence That this Assembly of Glasgow would not dissolve it selfe notwithstanding the members thereof were charged by Us to doe so under paine of treason as if one unjust act could justifie another But they should doe well to remember that those who did but offer to hold an Assembly at Aberdene after it was discharged by Our Royall Father were first convented before his Councell and afterwards severely punished for it In their sixth reason there is no Reason to be found In their seventh reason they alledge that they cannot rise untill they have found Our Covenant and theirs to be all one If by their Covenant they meane the Confession of Faith and Covenant annexed which was first injoyned by Our Royall Father and twice
disconsolated Subjects of this nation who though unjustly branded with many calumnies yet never have nor ever shall swerve from our loyalty due to the Lords anoynted But would readily imbrace any occasion to imploy our lives and fortunes for his Majesties service and honour who we heartily pray God may long and happily ring over us There is annexed to this Declaration a quotation of sundry acts of Parliament to prove that Episcopall government was not abolished in the yeare 1580. whereunto albeit there is no necessity of answer seeing the meaning of the Kirk of Scotland in her Confession of Faith is onely to be sought from her self and the registers of her Assemblies and not from the Parliament yet the same shall be specially answered in the order that they are alleadged after these two generals are offered to the Reader his consideration 1. After the reformation of this Kingdome the Kirk was still wrestling against all corruptions and especially against Episcopacie But though they clearly and frequently condemned the same yet the power of the enemies of reformation withstood them long so that her owne policy could not be obtained ratified expresly specifice in Parliament till the yeare of God 1592. which abrogateth all those proceeding acts alledged in the contrare 2. That acts of Parliament can no more make Ecclesiasticall offices nor give Ecclesiasticall priviledges nor the acts of Assembly can establish civill offices of Estate or grant to them civill priviledges each Judicatorie being properly confined within their owne spheres But before the acts of Parliament be particularly marked and cited there be two reasons prefixed the one taken from some acts of Parliament 1567. cap. 2.3.6 and cap. 68. Par. 1579. The other from the oath ministred to the King at his coronation for the act of Parliament 1567. Bearing that no Bishop nor other Prelate in this Realme use any jurisdiction in time comming by the Bishop of Romes authority It is evident hereby that Episcopacy is altogether condemned as all other Prelacie was for before that time they had no jurisdiction but from the Pope and therefore being discharged to execute that they are discharged by the act to execute any at all That this is the true meaning and scope of that act is manifest because the Kirk in the book of common order and in the first book of discipline at that same time acknowledgeth no other ordinary office bearers appointed by Christ in Ecclesia constituta But the Pastor Doctour Elder and Deacon and in her Assemblies at that same time was still censuring these who were called or designed Bishops by reason of their benefices as is instructed by the acts printed before the book of discipline And therefore in the act of Councell 1560. made in the same yeare by these same persons ratifying the first book of discipline they provided only that Bishops Abbots Pryors c. Being protestants brook their revenewes during their life-times they sustaining Ministers in the meane time 2. In the yeare 1566. which precedes that Parliament the Kirk of this Kingdome approved the Confession of Helvetia wherein the parity of Ministers is preferred as Gods ordinance warranded by his word to Episcopacy as an humane consuetude 3. Because at that time the Queene had restored the Archbishop of S. Andrews therefore the Kirk supplicated the Nobility of the Kingdome against that restitution which they condemne as the curing of the head of the beast once wounded within this land Wherein they expresly ground themselves upon the said act of Parliament being before made in the year 1560. as a certaine abrogation of the Arch-bishops authority 4. In the 2. book of discipline chap. 11. the Kirk useth the same act of Parliament as an abrogation of the Papisticall Kirk and Papisticall jurisdiction and thereby of Episcopall jurisdiction and power 5. The Kirk thereafter in the same chapter declareth their uniformity of this meaning by urging the act of Parliament 1567. printed amongst the black acts and renewed in the Parliament holden 1579. which immediately followeth the act here cited declaring that no other Ecclesiasticall jurisdiction shall be used within this Realme but that which is and shall be in the reformed Kirk and floweth therefrom and they urge that none under the abused titles in Papistry of Prelates c. attempt to claime the benefite of any act of Parliament having no commission of the reformed Kirk within this Realme Whereby our Kirk declared all Episcopall jurisdiction to be Papisticall Which is the true meaning of the word his Hirarchie in the short confession For their jurisdiction could flow from none other but from the Pope Seeing it flows not from the Kirk but was abolished and condemned by them as is cleare by the Registers of the Assembly 6. The acts doe abolish all Papisticall jurisdiction And therefore all Episcopall jurisdiction because Episcopall policy and jurisdiction is Papisticall as is acknowledged by many and specially by Doctor Poklingtun Chaplaine to the Bishop of Canterbury who deduceth a continuall lineall succession from Peter through the whole Popes unto the present Arch bishop of Canterbury and by the quotter himselfe who alledgeth albeit falsly that this Kirk retained the Papisticall Policy and government 6. Where it is said in the reason that our Kirk did not innovate any thing in that Policy which they found in the Kirk before the reformation the same is controlled by the book of Common prayer first book of Discipline and acts of the Assemblies And for the 6. act 1567. and the 68. act 1579. The same doth not only not mention Bishops but declareth the true Kirk to consist only of Ministers of the Gospell then living and these who thereafter should rise agreeing with them in doctrine and administration of the Sacraments and the people as the members thereof which directly excludeth Bishops against whom the doctrine and practise of this Kirk continually sounded especially at that time For in the government of this Kirk by weekly meeting of Ministers Elders and reformed townes from the yeare 1560. to the yeare 1576. except the interim of the pretended convention at Leeth 1572. and from the yeare 1575. to the year 1581. The Assemblies for the most part were imployed in abolishing the corruptions of Episcopacy and in establishing the setled Policy which was agreed upon 1578. In the second book of Discipline In the which acts of Assembly and book of Discipline is set down at large the doctrine of the Kirk of Scotland anent that discipline as grounded and well warranded in the word of God and against Episcopall jurisdiction as an unlawfull humane invention So that Episcopacy being contrary to the doctrine of the Kirk of Scotland 1579. The Bishops disagreeing from the Ministers of the Evangel then living in doctrine and in the use and administration of the Sacraments are declared by the said acts to be no members of this Kirk and the same acts cited for them doe sufficiently evince that
seen prejudice of Authority and lawfull monarchicall government And notwithstanding it was evidently manifest by the illegall and unformall course taken in the election of the Commissioners for the Assembly whereof some of them were under the censure of this Church some under the censure of the Church of Ireland some long since banished for open and avowed teaching against Monarchie others of them suspended and some admitted to the Ministerie contrary to the forme prescribed by the lawes of this Kingdome others of them rebells and at the Horne some of them confined and all of them by oath and subscription bound to the overthrow of Episcopall Government And by this and other their under-hand working and private informations and perswasions have given just ground of suspicion of their partialitie and so made themselves unfit judges of what concerneth Episcopacie And al 's albeit it was sufficiently cleared by the peremptory and illegall procedures of the Presbyteries who at their owne hand by order of Law and without due forme of processe thrust out Moderatours lawfully established and placed others whom they found most inclinable to their turbulent humours associate to themseves for chusing of the Commissioners to the Assembly a Laick-Elder out of each Parish who being in most places equall if not moe in number then the ministerie made choice both of the ministers who should be Commissioners from the Presbyteries as also of a Laick-Elder which in time will prove to be of a dangerous consequence and import a heavie burthen to the libertie of Church and Church-men being more directed therein by the warrants of the foresaid pretended Tables then by their owne judgements as appeared by the severall instructions sent from them farre contrary to the Lawes of this Country and lowable custome of this Church some whereof were produced and exhibit by Our Commissioner and publikly read One whereof direct to the Noblemen and Barons of each Presbyterie doth among many other odde passages require diligence lest say they by our owne sillinesse and treacherie wee lose so faire an occasion of our libertie both Christian and Civill a strange phrase to proceed from dutifull or loyall hearted subjects The other to the Moderatours of the severall Presbyteries under the title of Private Instructions August 27. first containeth that these private instructions shall be discovered to none but to brethren well affected to the cause secondly order must be taken that none be chosen ruling Elders but Covenanters and those well affected to the businesse thirdly that where the Minister is not well affected the ruling Elder be chosen by the Commissioners of the shire and spoken to particularly for that effect fourthly that they be carefull that no Chappelmen chaptermen or Minister justice of peace be chosen although Covenanters except they have publikly renounced or declared the unlawfulnesse of their places fifthly that the ruling Elders come from every Church in equall number with the Ministers and if the Minister oppose to put themselves in possession notwithstanding of any opposition sixthly that the Commissioner of the shire cause conveen before him the ruling Elder of every Kirk chosen before the day of the election and enjoyne them upon their oath that they give vote to none but to those who are named already at the meeting at Edinburgh seventhly that where there is a Nobleman in the bounds of the Presbyterie he be chosen and where there is none there be chosen a Baron or one of the best quality and he onely a Covenanter eighthly that the ablest man in every Presbyterie be provided to dispute de potestate supremi magistratus in Ecclesiasticis praesertim in convocandis conciliis c. Whereby it is most evident what prelimitations indirect and partiall courses and dangerous propositions have beene used in the preparations and elections to this pretended Assembly By which unlawfull doings although Wee had sufficient reason to have discharged the meeting of the said Assembly yet We were pleased patiently to attend the same still hoping that when they were met together by the presence of Our Commissioner and assistance of some well affected subjects who were to be there and by their own seeing the real performance of what was promised by Our Proclamation they should have bin induced to return to the due obedience of subjects But when We perceived that their turbulent dispositions did increase as was manifest by their repairing to the said pretended Assembly with great troups and bands of men all boddin in fear of war with guns Pistolets contrary to the lawes of this Kingdome and in high contempt of Our Proclamation at Edinburgh the 16. day of Novemb. last And also by the peremptory refusing to the assessors authorized by Us although fewer in number then Our dearest Father was in use to have the power of voting in this Assembly as formerly they had done in all others openly averring that We nor Our Commissioner had no further power there then the meanest Commissioner of their number by their partial and unjust refusing not suffering to be read the reasons arguments given in by the Bishops their adherents to Our Commissioner why they ought not to proceed to the election of a Moderatour neither yet to the trying and admitting of the Commissioners before they were heard though in Our name they were earnestly required thereto by Our Commissioner and notwithstanding that Our Commissioner by warrant from Us gave in under his hand a sufficient Declaration of all that was contained in Our late Proclamation bearing likewayes Our pleasure of the registration of the same in the books of Assembly for all assurance of the truth and puritie of Religion to all Our good subjects as doth clearly appear by the declaration it self wherof the tenor follows The Kings Majesty being informed that many of his good subjects have apprehended that by the introducing of the Service Book and Booke of Canons the inbringing of Superstition hath been intended hath been graciously pleased to discharge like as by these he doth discharge the Service Booke and Booke of Canons and the practice of them and either of them and annulls and rescinds all Acts of Councell Proclamations and other acts and deeds whatsoever that have beene made or published for establishing them or either of them and declares the same to be null and to have no force nor effect in time comming The Kings Majestie as he conceived for the ease and benefit of the subject established the high Commission that thereby justice might be administrate and the faults and errours of such persons as are made lyable thereto taken order with and punished with the more conveniencie and lesse trouble to the people But finding his gracious intention therein to be mistaken hath beene pleased to discharge like as by these Hee doth discharge the same and all acts and deeds whatsoever made for establishing thereof And the Kings Majesty being informed that the urging of the five Articles of Perth Assembly hath
all former Protestations and every one of them made in the name of the Noblemen Barons Gentlemen Ministers and Commons respectivè for the time So wee may have his Majesties royall approbation to this present Assemblie whole Acts and constitutions thereof and all our proceedings and behaviour in this businesse which wee assuredly expect from his Majesties imbred pietie justice and bountie notwithstanding the sinistrous untrue informations whispered in his Royall yeares in the contrarie Upon all which Premises and Protestation foresaid which is the same with the former made by us at Glasgow the 29. of November last but so farre differing as was necessarie for answer to the new additions contained in this Proclamation and clearing us of the aspersions wherewith we are changed therein which we might lawfully do having protested for this libertie in respect of our surprisall one certaine number of all qualities and ranks for themselves and in name foresaid asked instruments This was done in presence of a great confluence of people upon the mercate crosse of Edinburgh the 18. day of December FINIS Revised according to the ordinance of the generall Assemblie by me Master Archibald Jhonston Clerk thereto At Edinburgh 8. Jan. 1639. NOt long after this Our Proclamation and their Protestation Our Commissioner seeing all things tending to a present rupture begun his journie according to the leave which We had granted him for his returne After which time and ever since they have throughout the whole Kingdome by threatnings made the Acts of their unlawfull Assembly to be received in many places have perswaded the reception of them by force and armes have levied souldiers and imposed taxes upon Our subjects for payment of them have required of Our Judges or Lords of the Session to approve their Acts though none of them consented to it have threatned and menaced them for refusing of it have raised divers fortifications in Our Kingdome have blocked up Our Castles and Forts and now at last forcibly taken Our Castle of Edinburgh have at home got their Preachers most seditiously and rebelliously to teach Our people that there is a necessitie of their carrying armes against Us under paine of perjurie and damnation have scattered abroad especially here in England divers infamous Libels justifying their own wicked and rebellious courses inciting Our people here to attempt the like rebellion and to deface Our Ecclesiasticall government When the contrivers of that wicked Covenant first framed and devised it and perswaded others who were well perswaded of their pietie to enter into it We dare appeale even to their owne consciences whether they did ever make the seduced people acquainted with their intentions of abolishing Episcopall government introducing of lay-Elders which are the onely two things they make the seduced people beleeve they now stand upon And We do wonder there should be any man found in the world who can hold it a sufficient warrant for Our subjects to take armes against Us their lawfull Soveraign because We will not give them leave to abolish some things which stand fully established by Our Lawes and Acts of Parliament of that Kingdome and to introduce other things which are interdicted and prohibited by the same But much more have We reason to thinke Our subjects did them no whit beleeve that though We should relieve all their grievances just or pretended as now We have done they should yet be forced to acts of rebellion and carrying of armes against Us as now they are But such hath ever been the constant course of the Heads of all rebellions to ingage their followers by degrees to conceale from them their maine and wicked ends which being at the first discovered would be abhorred and detested untill they have gone on so farre in following their Leaders as afterward they are easily perswaded by them that there is no hope of pardon left and so nothing but danger if they shall offer to retreat The very same course hath been held in this rebellion for seducing of Our subjects of that Kingdome The specious pretence used by the contrivers of the Covenant to the people was Religion but that which was intended by them was a Rebellion grounded upon the discontents of some few And the very meanes whereby they have fomented their factious waies and kept up in Our people a beliefe that they intended onely Religion as they pretended have been the very same which have been usually practised by other discontented mutiners But yet We find that the principall meanes used to foment this Rebellion by the Heads of it have been these three First the seditious prayers and sermons of some Preachers suborned by them for that purpose who made the people still beleeve that all they said was Gospel and they crying up in their Pulpits that Covenant and most bitterly exclaiming against all opposers of it with the most vile and reproachfull termes they could devise wrought the people to an incredible good opinion of all that favoured the Covenant and a bad one of all those who opposed it So that such things were delivered in their Pulpits as cannot be related without both shame and horrour One of them upon Our Commissioners comming home prayed God to deliver them from all crafty compositions Another refused to pray in the Church for Sir William Nesbett late Provost of Edinburgh when hee was lying upon his death-bed onely because he had not subscribed the Covenant Another prayed God to scatter them all in Israel and to divide them in Jacob who had counselled Us to require the Confession of faith to bee subscribed by Our authoritie Many Ministers would not admit to the Communion those who had not subscribed their Covenant but in their exhortation before it barred them in expresse termes with adulterers slanderers and blasphemers c. Others would not suffer children to bee baptized in the Churches of those Ministers who were not of the Covenant though they were their owne Parish Churches but carried them sometimes many miles to be baptized by Covenanting-Ministers One preached That all the Non-subscribers of the Covenant were Atheists and so concluded That all the Lords of Our Councell and all the Lords of Our Session were such for none of them had subscribed it Another preached That as the wrath of God never was diverted from his people untill the seven sonnes of Saul were hanged up before the Lord in Gibeon so the wrath of God would never depart from that Kingdome till the twice seven Prelates which makes up the number of the Bishops in that Kingdome were hanged up before the Lord there which is extreme foule and barbarous Another preached That though there were never so many Acts of Parliament against the Covenant yet it ought to be maintained against them all Another delivered these words in his Sermon Let us never give over till we have the King in our power and then He shall see how good subjects we are Another in his Sermon delivered this That the bloudiest and
Our Commissioner sitting in Assembly shall denie Our voice to any thing which to Us appeareth to bee unjust and repugnant to Our Lawes yet if that shall be concluded by most voices of the Assembly that then We are bound jure divino to see all these conclusions made in despight of Us obeyed by all Our subjects and by Our authoritie to inforce obedience to these Acts and if Our Councellers or Judges shall refuse to do the like then they shall be lyable to the sentence of Excommunication and so be deprived not onely of their places but of their estates A position to which We suppose they will never gaine the consent of Princes or Magistrates put in authoritie under them A fourteenth position is this An Assembly may abrogate Acts of Parliament and discharge Our subjects from obedience to them if they any way reflect upon businesse of the Church which We wonder that the Nobilitie Gentrie and Burrowes can endure for as it doth derogate principally from Our authoritie so doth it proportionably from theirs when they are assembled in Parliament and indeed it is to be wondred at how any man that is acquainted with government can endure it for it destroyeth not onely the nature but the very name of the high Court of Parliament for how can that be called the Highest Court of the Kingdome if a generall assembly may rescind the acts of it And that power which may repeale one act of it may repeale more nay all acts of it when it shall bee pleased to exercise that power and say it is in order to the glory of God and the good of his Church A fifteenth position is this The Protestation of subjects against Lawes established whether it be made coram Judice or non Judice before the Judges of the people or the people themselves who are borne to be judged doth void all obedience to these Lawes and dischargeth all the protesters from any obligation to live under them before ever these Protestations and the validitie of them shall come to be discussed before the competent Judges of them nay although they bee repelled by the Judges before whom they are made all which since these troubles begun in that Kingdome have been usually practised by the Covenanters who having sometimes made Protestations against Our Lawes before Our Councell sometimes before Our Commissioner sometimes before the Lords of Our Session who repelled them all then they made them before the people their owne associates in the publique Market-places and by that meanes held these Protestations sufficiently admitted and themselves discharged from obedience to all these Lawes against which they protested alledging perhaps that they were unjustly and unduely enacted which course if it may be allowed in any Common-wealth and that Protestations before they be discussed may discharge subjects from obedience to Lawes what subject will yeeld obedience to any Law by which he findeth himselfe pressed or inconvenienced when the remedie of a Protestation whether admitted or not admitted is so readie at hand A sixteenth and last position is this which indeed is the worst of all for it is both the mother and nurse of all the rest and is such a shamefull one that they have not printed it in terminis but it followeth by an unavoidable consequence upon many of their printed positions as all of them doe follow upon and flow from it And the practice of it is so current with them as it appeareth almost in every one of their particular actions And it is thus A number of men being the greater part of the Kingdome because they are the greater and in that sense say they the more considerable part may doe any thing which they themselves doe conceive to be conduceable to the glory of God and the good of the Church notwithstanding of any lawes standing in force to the contrarie and that this greater part especially met in a representative assembly may without the authoritie of Us against the expresse commandement of Us and Our Councell and Our Judges declaration of it to be against the lawes of Our Kingdome chuse some few Noblemen Gentlemen Ministers and Burgesses who under the name of Committees or Commissioners from the generall assembly to bee chosen from assembly to assembly shall sit and determine of things concerning the Church and State as if there were neither King Councell nor Judge in the land They complaine of a High Commission erected by Us and Our authoritie but whether this be not a higher Commission then that We leave it to every impartiall judgement They answer for themselves onely this That they doe it as being put in authoritie by the generall assembly which is say they a Court independent from Us and therefore may erect what Court it will without Us and may appoint what Commissioners it will to sit for that Court so they meddle with nothing but Ecclesiasticall businesse But let the Reader consider how many wicked and insufferable absurdities this their answer carrieth along with it First By what authoritie did they doe the same things which they now doe before the assembly was indicted They could not bee then Commissioners from the generall assembly Next Who gave the generall assembly power to erect any such Table of Commissioners They found themselves aggrieved with the high Cōmission established by Us upon this ground that there was no such Court established either by acts of generall assembly or Parliament And now Wee desire them to shew any act of Parliament giving the assembly power to erect any such Table of Commissioners Thirdly in the erection of this Table they out-doe any thing which yet hath been either said or done by the Jesuites in defence of the Churches authoritie and the authoritie of her visible Head over Kings and Princes for they did never yet affirme that the Ecclesiasticall authoritie could bee exercised but by Ecclesiasticall persons but these men doe hold that Noblemen Gentlemen and Burgesses may execute this authoritie But they say they doe not exercise it as any such lay-men but as ruling-Elders and so in the capacitie of Ecclesiasticall persons But can there any childe be found who will not laugh at this if ever he have heard but the common names of Church-men and Lay-men Can these two be confounded Can the calling of a man by the name of an Elder make him an Ecclesiasticall person if by his place and calling hee is never to discharge any office of a Church-man They have declared it to be unlawfull for Bishops to have voices in Parliament Councell or any secular Judicatorie because these places are incompatible with the places of Ecclesiasticall persons And shall not lay-persons be as incapable at least to meddle with Divine and Ecclesiasticall businesses Or if they shall then let these Ecclesiasticall Elders renounce their places in Parliament and other secular Courts of justice and become ruling-Elders onely Fourthly they alledge that they meddle onely in Ecclesiasticall causes Although it bee unlawfull
for them to doe that yet it were the more tolerable if they did as they say but they doe make good what they say by telling the world what they meane by things Ecclesiasticall and their meaning they doe expresse in the very termes of the Jesuites for by Ecclesiasticall they meane as their practice sheweth any thing which is in ordine ad Ecclesiastica nay more in ordine ad Spiritualia whatsoever may bee thought conducible to the good of the Church or to any spirituall good and yet more vastly to the glorie of God by which latitude of the word Ecclesiasticall We would know what they have left without the compasse of their cognisance Just nothing For in this sense they may set the price on victuals they may censure the actions of all men in what kind soever because Saint Paul biddeth us Whether we eate or drinke or whatsoever we doe doe it all to the glory of God And truly from this false and Jesuiticall interpretation of this word Ecclesiasticall have issued most of all their acts of sedition and rebellion They have provided armes for Our subjects they first blocked up all Our Forts Castles and since have taken them stopped Our Officers from carrying victualls or ammunition into them they have raised Forts taxed Our subjects levied souldiers against Us not onely turned Us out of the possession of Our Castles but so farre as in them lies defeated Our title to them by declaring that they are not Our Castles but the Kingdomes they have incroached upon the undoubted bounds and markes of Our Soveraigntie by sending warrants to Our Sheriffes for chusing Commissioners for the Shires for the next Parliament they have discharged Our own Printer for printing any thing which concerneth these troubles or may make against them though commanded by Us and by Our Councell so that if We have any thing to print there We must first be a suiter to Jhonston their Clerke for his hand to it else it cannot passe they have injoyned or at least suffered the Preachers of their owne side to pray and preach most bitterly against Us and Our authoritie those Preachers who continued in their loyaltie towards Us they have most unjustly against Our lawes deprived of their Benefices and most unmercifully and unchristianlike exposed them to miserie and beggerie they have most contemptuously and rebelliously used Our Councellours and Judges When they are asked why they doe these things and by what authoritie they doe them To the first they answer onely That they doe them for the good of the Church and the glorie of God that Religion may bee preserved the honour of God maintained and his glorie increased Who would thinke that there should bee men found in the world who call themselves after the name of Christ and invocate the name of God and yet dare profane and abuse the names of Religion God and his glorie and to intitle those glorious names to such lewd actions of treason and rebellion as can proceed from none but the Devill To the second By what authoritie they doe these things which are expresly against the Acts of Parliament Acts of Councell and Acts of generall Assemblies They answer that these Acts of Assembly were unduely obtained and that now they have rescinded them For Acts of Parliament and Acts of Councell they expresse great wonder and admiration that any man should question their authoritie over them For that question they use to answer with another of their owne viz. Whether any man doth hold Christ or Us to be supreme and being answered that Christ is supreme then they conclude That they being his Councell must likewise be supreme That the Parliament is but the Councell of the Kingdome That Our Privie Councellours and Judges are but the Councell and Judges of the King but that they themselves are the immediate and independent Councellours of and Judges under Christ who is the King of all kings and kingdomes and that therefore in all causes which they conceive to concerne Christ and his Kingdome which is his Church they are supreme and independent above Us Our Parliament Our Councell Our Judges And that if Our Councellours or Judges doe not obey their commandements they will proceed to the sentence of Excommunication against them and by the same reason though as yet they have not said it they may proceed against Us with the same sentence for We acknowledge Christ to bee the supreme King as much as Our Councellours and Judges doe acknowledge him to be the supreme Lord and Judge These furious frensies have not been heard of in the world since the Anabaptists madnesse reigned in Germanie in Charles the fifth his time which was most strongly and vehemently opposed by the Protestant Princes who adhered to the Augustan confession and if Luther and Melancthon whom God used as the chiefe instruments in reforming the abuses of the Church of Rome had not shewed themselves in their Sermons Lectures in the Universities and publique writings which they published stout Champions against them and thereby had drawne all Protestants to detest and persecute them undoubtedly the Reformation of the Church falling out to bee about the same time when these Anabaptists raged most in their madnesse had laboured and suffered extremely under the scandall of their frensies in the opinion of all those who were attending and looking after the issue of that Reformation And yet these same fooleries and frensies are daily acted by these who call themselves Commissioners of the Table and presented to the Readers of their Pamphlets and Protestations with the titles of irrefragable undeniable convincing unquestionable Sun-shine truths and twenty more such false impudent epithets as one would wonder from whence they fetch the faces that can beare them out in saying so when the whole Christian World who shall read them upon the very first view or reading must discerne that there is not the least step or shadow of truth to be found in them We confesse We were amazed at and aggrieved with their horrible impudence expressed in their last Petition sent unto Us in which they did invocate the name of God calling him not onely as a witnesse but as an approver of their actions at their pretended assurance of Our justification of them all when they undoubtedly know that We doe abhorre and detest them all as rebellious and treasonable at their shamelesse asseveration of their confidence that their neighbour Churches will approve all their proceedings that they are affraid they should bee thought to have offended in nothing so much as in lenitie when they have proceeded to the deposition and excommunication of the Bishops and others their opposers which is the utmost of that power which ever any Church did yet challenge to it selfe and many more such audacious untruths which after We once heard read We resolved never to answer and now doe answer it onely thus That in the maine points of it there is not one true word To say nothing
none of these things were so yet Wee would be satisfied in this point Whether Our refusing of the intrusion of lay-Elders and the extrusion of Episcopall government can bee to the conscience of any man a sufficient warrant or ground for his taking armes against his lawfull King and Soveraigne for now their very Leaders acknowledging that We have given them satisfaction in the rest make these two the onely ground of all their armes And Wee appeale to the consciences of most of Our subjects Covenanters if when they entered into that Covenant at the first they did ever imagine that they should be perswaded to take armes against Us for these two points of lay-Elders and Episcopall government if they should receive satisfaction from Us in their other grievances and feared innovations as We have before declared Wee are confident that no such matter was then within the compasse of their thoughts We then having fully removed those pretended feares which occasioned their Covenant Wee cannot but hope that Our seduced subjects will returne to their former obedience but for their seducers Wee know that some of them from the very first were resolved never to receive any satisfaction This grand imposture and calumnie with the other three being removed We will now declare fully and freely to all Our subjects of Our three Kingdomes and to all forrainers besides the true and onely causes which doe inforce Us at this time to use force for the repressing of the insolencies of such of Our subjects in that Kingdome as shall stand out against Us first protesting that none of the causes before mentioned suggested by their Leaders have settled in Us this resolution but onely these causes which now follow First We will never endure that any of Our subjects nay that all Our subjects if they could possibly bee all of one mind out of Parliament shall ever abolish or destroy any Act of Parliament especially not Noblemen and others assembled in an Ecclesiasticall Assembly for to hold that any Assembly of subjects out of Parliament or in Parliament without Our consent may abolish any Act of Parliament destroyeth the very foundation of government and justice in all Monarchies and the doing of it by Ecclesiasticall persons in their Councells and Synods hath been the cause of infinite calamities and miserable wars and devastation of Kingdomes in the Christian World since the Pope and his Conclave did usurp that unlawfull and unlimited power which being in that Our Kingdome in all these late troubles practised against the expresse lawes of the same Wee are resolved to punish unlesse the offenders betake themselves to Our mercie Secondly We are resolved not to endure that any of Our subjects without Our consent and the consent of the Parliament shall destroy any of the three Estates of Parliament which they in their late pretended Assembly have gone about to doe Thirdly We are resolved not to endure that any generall Assembly shall be called but by Our indiction according to an expresse Act of Parliament in that case provided or that it shall continue after that Wee by Our authority have dissolved it and are resolved to punish them who shall doe so as Our Royall Father punished those who did the like at Aberdene Fourthly We are resolved to punish those who have imposed taxes upon Our subjects levied men or armes raised any fortifications in that Our Kingdome without Our leave and first blocked up and then taken Our Castles and Forts and by violence dispossessed Our loyall subjects of their houses and castles detaining them by force for all these by the expresse Lawes of that Our Kingdome are acts of treason and rebellion Fifthly We are resolved not to endure that the Protestations of subjects against Us Our Councell Our Judges and Lawes shall discharge the obedience of the protesters unto these Lawes unlesse they be admitted before the competent Judges and legally discussed before them the contrarie whereof hath been practised by the Covenanters all the time of these tumults Sixthly We are resolved not to endure that Our subjects shall enter into any covenant or band of mutuall defence without Our leave asked and obtained it being expresly forbidden by divers Acts of Parliament of that Our Kingdome for this hath been and still is the ground of all this Rebellion Seventhly and principally We are resolved not to endure that any of Our subjects under the name of a Table or Committees of the generall Assembly or under any other name title or pretence whatsoever shall sit without Our consent and authoritie and order businesse of the Church and Kingdome at their pleasure and if they shall be called in question for the same by Us Our Councell or Judges shall appeale from Us and them and refuse to be judged by either alledging that they will be judged by none but by the generall Assembly which is Christs owne immediate Councell and therefore hath no dependencie from or subordination either to Our Councell or Judges or Our Parliament which is the Councell of Our Kingdome and so that both Church-men and lay-men under Ecclesiasticall names shall exempt themselves from the authoritie of Us and Our Lawes and the Assembly it selfe shall hold the members of it free from being judged in all matters of Assembly by any but by it selfe which by the Lawes of that Our Kingdome is treason as appeareth by the Act cyted in the bodie of this narration Now all this hath been practised and is practised by those which call themselves of the Table From all which We hope it is evident that the offences which We resolve to punish in some of Our subjects doe not concerne Religion So that the question is not Whether there shall be a Service Booke Booke of Canons high Commission nay nor whether there shall be no lay-Elders in Assemblies or no Episcopall government though We are resolved to reject the one and retaine the other But the question indeed is neither more nor lesse then this Whether We and Our Successours shall be any more Kings of that Kingdome for if these traiterous positions shall bee maintained and made good by force of armes then We and Our Successours can bee no more Kings there Our Parliament Councell and Judges have no more authoritie there So that unlesse We will give over to be King and so betray and desert that charge wherewith God hath intrusted Us We must use that power which God hath put in Our hands and by faire just and legall waies to Our great griefe force them to obedience These are the true reasons which have forced Us to undertake this journey and to make use of the armes and aide of Our loyall subjects here for the securitie of this Kingdome and safeguard of Our person as likewise of the armes and aide of Our subjects of that Kingdome for the same purposes And here first We call God to witnesse what an unwelcome journey this is unto Us and how unwillingly We doe undertake it Secondly We
doe professe and protest that as We like God himselfe whose Vicegerent We are have showne Our Selfe all this while slow to anger so now like him We shall shew Our selves ready to forgive upon the repentance of such of Our subjects as have been mis-led their deserting the Heads of their Rebellion and returning to Our obedience Thirdly that We intend to use no armes against that Our Kingdome but onely against some Rebells in it for their apprehension and bringing them to justice Fourthly that such even of those who shall be apprehended shall have their faire and legall tryalls according to the Lawes of that Our Kingdome without the denyall of the least favour which can be allowed them by the course of justice if they will offer and submit their persons to a legall tryall Fifthly that all Our subjects of that Kingdome who shall now adhere unto Us shall be protected and defended by Us in their persons and fortunes with the uttermost of Our power For We professe that We doe not hold it a nationall defection but a revolt of some Rebells who have mis-led a great many of the rest We having a great many subjects of all rankes in that Our Kingdome who for their constancie in their loyaltie and fidelitie towards Us shall justly expect both protection and reward from Us. Sixthly that whosoever shall goe about to make any of Our subjects beleeve that this is a nationall quarrell between these two ancient Kingdomes both now being under Our government shall be punished as a disturber of the peace of both and therefore We exhort and require all Our subjects of both Kingdomes who shall accompanie Us in this journey to live and converse peaceably and lovingly whereby as they shall doe Us most singular and acceptable service so they shall notably disappoint the Heads of that Rebellion who now labour no point so much as this to make Our subjects of that Kingdome beleeve that this journey of Ours bringeth along with it a nationall invasion and if Our subjects of both nations shall keep that friendly and loving correspondence in their attendance upon Us in this journey We doe not doubt but it will be a meanes to tye them in a stronger band of love for ever hereafter when Our Scotish subjects shall here see the alacritie and forwardnesse of the English and the English shall there perceive the alacritie and forwardnesse of the Scotish both of them meeting in this point and center viz. the defence of Our person and of Our Royall Crowne and Dignitie To conclude As We have found the aide and assistance of Our loving subjects here towards this journey so We doe heartily desire their prayers all the time of Our absence for a good successe unto it and that if it be possible We may returne with peace and without the effusion of any drop of Our subjects bloud And We doe require all Our good subjects of that Our Kingdome of Scotland especially the Ministers who should bee the messengers of peace to frame and settle Our subjects minds to the courses and waies of peace and to lead them on in the way of returning to Our obedience who doth resolve to maintaine them in the Religion now established amongst them that so We be not forced to draw Our sword of justice against any of them which in case of their obstinacie how unwillingly We shall doe We call the King of kings to witnesse But if nothing else will serve it must be and their bloud will rest upon their owne heads FINIS Imprinted by ROBERT YOUNG His Majesties Printer for Scotland Anno 1639. The High mighty Monarch Charles by the grace of God King of Great Brittaine France Ireland Defender of the Faith * Observe that the children as well as the rest considered this * And yet these blessed Reformers of Religion in England were the very same men who compiled the English Service Book which the Covenanters have printed and preached to be stuffed full of Idolatrie superstition and poperie * It is not so for the Councell never promised that the Bishops should be removed from the Table but onely that they would make Us acquainted with their Petition * Is it not rather an offence to God to thrust men out of their places before they be tried * And yet afterward in their last instructions they injoyned the severall Commissioners to bring Assessors with them who were to have no voyce in the Assemblie * The contrarie is most true * Our Commissioner never heard any argument to that purpose which could convince a child * Our Commissioner never accepted of it nor conceived it could give satisfaction to any * It doth most evidently tend to the dishonour of God * We desire the Reader to observe that they were affraid of being overthrown in a free generall Assembly and therefore they tooke a course by these private instructions to prevent all freedome in the Assembly and to make sure that none should be chosen a member of it but such of whom they were sure Intolerable presumption Most false * Which offices were in the Church of Christ long before Popery was known or heard of in the world * A pretty act that We must print nothing concerning Ecclesiasticall policie and government unlesse Johnston will give Us leave * A most traiterous act for the very terms and words of it containe high treason * This Blair is he who was expelled the Universitie of Glasgow by the Professors there many yeares since for teaching his Scholars in his Lectures upon Aristotle that Monarchicall government was unlawfull Now for this man to be made by them Professor of Divinitie in the prime Universitie of that Our kingdome whether We can or ought to endure it We leave to the Reader to judge 〈…〉 * There is no divine commandement in Scripture nor example of the Christian Church for â—â—bscriâ—ing any confession without the consent of the supreame Magistrate if he be a Christian. Foure generall considerations of the Declaration * The Lords of Councell did take and were to take this oath as well as any other in the knowne sense of us who commanded it and therefore any Act of Councell for their explanation was unnecessary and it is unjustly affirmed that this Declaration or explanation was made by Our Commissioner for it was made by Vs but published by him at Our Commandement as is plainly expressed in the title of it * But when shall they bee proved to bee contrarie to the word of God * They themselves doe know that this Confession was not framed at first by the Church as the positive Confession was but by one Master Iohn Crage and commanded by the Authoritie of our Royall Father hee did advise with the Church concerning it but they received it from him not he from them * That the supreame Magistrate should as the Sonne of the Church onely receive the meaning of the Church and cause it to bee received by
members of the Assembly alledged to be under censure * Who have made the Covenanters Judges of the lawfulnesse either of the judicatorie or the cause especially what an intolerable presumption is it in them to judge Our judicatories in Ireland †But they know that many members of that Assembly were denounced Our rebells and put to Our Horne long before Our Assembly was thought on Anent the alledged instruments sent from the Tables * Not from their publick meetings for they durst not for feare it should be known but from a cabinet meeting consisting of them who led the rest by the nose whose names We know and shal be knowne to all in due time †If it be forged it is forged by none but Covenanters who from many severall shires in the kingdome did send copies of the same written in the same words to Our Commissioner and others and yet those Covenanters did not know one of anothers sending * There was no man in the Assembly who offered any such oath as is here alledged Wee doubt not but there were many members of the Assembly who might have taken that oath safely because they were indeed never acquainted with these papers but Our Commissioner if he had beene put to it by the Assembly could have named many especially some of the Nobilitie Gentrie and Ministers who could not have taken that oath without perjurie and since it is now denyed they shal be named in due time and place * First this nor the eighth was not published in their publicke instructions for it would have offended many Covenanters who were both Chapter-men and Chappel-men and therefore they acknowledging it to be one of their instructions must needs confesse it to be amongst their private ones But a wonder it is that men should not be ashamed to avow in print this their false and partiall dealing for this instruction concerning Chapter-men and Chappel-men was only given to barre some moderate covenanting Ministers from being chosen Commissioners for notwithstanding this instruction Master Ramsey who both was one of the Chapter of Edinburgh and Subdeane of Our Chappell and Rollock who was Prebend of the same Chapter and one of our Chaplains who duely preached his turnes in Our Chappell and some others fierce and fiery revolted Chaptermen and Chappel-men were chosen Commissioners though the reason here expressed was as strong against them as against the rest Anent our going to Glasgow with alledged numbers and weapons * Most false Anent our refusall of Assessors and of the Bishops Declinator †It is a bold and impudent speech to affirm that Our royall Father kept unlawfull Assemblies especially when some of them are confirmed by Parliament Anent his Majesties declaration wherein it is not satisfactorie * God never put it in their hands but the Devill who is the author of all sedition and rebellion * But never without the authoritie of Us and Our Successours †The confession of faith and band annexed upon which their covenant is grounded were injoyned at the first only by the authoritie of Our royall Father and his Councell and so these Books were commanded by as good Authoritie as those * It may not and the holding of the contrary is a false and Jesuiticall position * A fearefull proposition in deed it is to hold Episcopall government to be an uncontroverted government which hath continued in the Church ever since the time of Christ and his Apostles without the least suspicion of controversie until within these few yeeres * But they do not declare all the truth for of twenty Lords of the Session onely foure did it but the rest who were present did the contrary Anent Episcopall government and the other generall reasons * The reasons contained in that Act are infallibly false Anent his Graces intention to returne * Most false Anent our sitting still after the Commissioners discharge * That Assembly is but one instance and a very reprovable one The Ministers of the pretended Assembly at Aberdene did the same and were most severely punished for it Anent our cytation of Councellours Anent the injunctions and Proclamation and our answer thereunto a They should do well to try if they can answer it and the Queries of Aberdene better for the common opinion is that neither of them yet are answered at all b All these texts of Scripture are prophaned and abused for no such thing can either possibly or probably be inferred from them * It is well that they will cite the Pope his Law whom they call Antichrist for when any thing is objected against them out of the Canon Law it is usuall with them to reject that as Popish and Anti-christian †Nay but the pretended Assembly hath erected a Popedome and for their authority goe upon the same grounds and use the very same arguments and abuse the very same places of Scripture which the Pope and the learnedst Patrons of the Pope doe for robbing of Princes of their Authority over all Ecclesiasticall persons and causes in their severall Dominions The words which next follow are meere babling * By the greatest but the worst part of the Kingdome * The sentences of this pretended Assembly were most unlawfull light and mad sentences * It seemes indeed that these reasons are wrapped up in a cloud for both they are so dark as they cannot be discerned and they doe portend a storme but have no weight in them at all a These particular Protestations are the very same formerly made by them and so often repeated even unto tediousnesse and therefore the Reader needeth not to be troubled any more with them