of advice and Councell for ordering the affaires of the Kingdome without Our authoritie and in contempt of Us and Our Councell established by Us there and by entring into a Covenant and most wicked Band and combination against all that shall oppose them not excepting Our owne Person directly against the law of God the law of Nations and the municipall lawes of that Our Kingdome So that after this their Protestation they perfected that which they had before begun confusedly and as it were in a ruder draught For then contrarie to Our expresse commandement and authoritie expressed in Our last Proclamations and repeated unto them by Our Councell they did erect a great number of Tables as they called them in Edinburgh Foure principall One of the Nobilitie another of the Gentrie a third of the Burroughes a fourth of Ministers and the Gentrie had manie subordinate Tables according to their severall Shires These severall Tables did consult of what they thought fit to bee propounded at the generall Table which consisteth of severall Commissioners chosen from the other foure Tables and what they of the generall Table resolved on was to be put in practice with a blinde and Jesuiticall obedience A rare and unheard forme of Government in a Kingdome whose Government ever was Monarchicall and which they themselves still say continueth to be so Sure these meetings by wise men have been accounted rather Stables of unruly horses broken loose and pulling downe all they can reach then Tables for the consultations of wise and rationall men Now the first dung which from these Stables was throwne upon the face of Authoritie and Government was that lewd Covenant and seditious Band annexed unto it which We here subjoine because We are confident that by the verie recitall and perusall of it every religious and wise man may run and read that sentence of condemnation which it carrieth in its owne front THE CONFESSION OF FAITH OF THE KIRK OF SCOTLAND SUBSCRIBED By the Kings Majestie and his Houshold in the yeare of God 1580. WITH A Designation of such Acts of Parliament as are expedient for justifying the union after mentioned And Subscribed by the Nobles Barons Gentlemen Burgesses Ministers and Commons in the yeare of God 1638. JOSH. 24.25 So Joshua made a Covenant with the people the same day and gave them an Ordinance and Law in Sichem 2 KING 11.17 And Jehoiada made a Covenant between the Lord and the King and the people that they should be the Lords people likewise betweene the King and the people ISAIA 44.5 One shall say I am the Lord another shall be called by the name of Jacob and another shall subscribe with his hand unto the Lord c. The Kings Majesties Charge to all Commissioners and Ministers within this Realme in the yeare of God 1580. SEeing that VVe and Our Houshold have Subscribed and given this publike Confession of Our Faith to the good example of Our subjects VVe command and charge all Commissioners and Ministers to crave the same Confession of their Parochianars and proceed against the refusers according to Our Lawes and Order of the Kirk delivering their names and lawfull processe to the Ministers of Our House with all haste and diligence under the paine of fourtie pound to be taken from their stipend that VVe with the advice of Our Councell may take order with such proud contemners of God and Our Lawes Subscribed with Our Hand at Haly-rud-house 1580. the 2. day of March the 14. yeare of Our Reigne The Confession of Faith of the Kirke of SCOTLAND The confession of Faith subscribed at first by the Kings Majesty and His Houshold in the yeere of God 1580. Thereafter by Persons of all rankes in the yeere 1581. by ordinance of the Lords of the Secret Councell and Acts of the Generall Assembly Subscribed againe by all sorts of Persons in the yeere 1590. by a new Ordinance of Councell at the desire of the Generall Assembly With a generall Band for maintenance of the true Religion and the Kings Person And now subscribed in the yeere 1638. by us Noblemen Barons Gentlemen Burgesses Ministers and Commons under subscribing Together with our resolution and promises for the causes after specified To maintaine the said true Religion and the Kings Majestie according to the Confession foresaid and Acts of Parliament The Tenor whereof here followeth WEe All and every one of us underwritten Protest That after long and due examination of our owne Consciences in matters of true and false Religion are now throughly resolved of the Truth by the Word and Spirit of God and therefore we beleeve with our hearts confesse with our mouths subscribe with our hands and constantly affirme before God and the whole World that this only is the true Christian Faith and Religion pleasing God and bringing Salvation to man which now is by the mercy of God revealed to the world by the preaching of the blessed Evangel And received beleeved and defended by many and sundry notable Kirks and Realmes but chiefly by the Kirk of Scotland the Kings Majestie and three Estates of this Realm as Gods eternall Truth and onely ground of our Salvation as more particularly is expressed in the Confession of our Faith stablished and publikely confirmed by sundry Acts of Parliaments and now of a long time hath been openly professed by the Kings Majestie and whole body of this Realme both in Burgh and Land To the which Confession and forme of Religion wee willingly agree in our consciences in all points as unto Gods undoubted Truth and Verity grounded onely upon his written Word And therefore Wee abhorre and detest all contrarie Religion and Doctrine But chiefly all kinde of Papistrie in generall and particular heads even as they are now damned and confuted by the Word of God and Kirk of Scotland but in speciall we detest and refuse the usurped authoritie of that Roman Antichrist upon the Scriptures of God upon the Kirk the civill Magistrate and Consciences of men All his tyrannous lawes made upon indifferent things against our Christian libertie His erroneous Doctrine against the sufficiencie of the written VVord the perfection of the Law the office of Christ and his blessed Evangel His corrupted Doctrine concerning originall sinne our naturall inabilitie and rebellion to Gods Law our justification by faith onely our imperfect sanctification and obedience to the Law the nature number and use of the holy Sacraments His five bastard Sacraments with all his Rites Ceremonies and false Doctrine added to the ministration of the true Sacraments without the VVord of God His cruell judgement against Infants departing without the Sacrament his absolute necessitie of Baptisme his blasphemous opinion of Transubstantiation or reall presence of Christs body in the Elements and receiving of the same by the wicked or bodies of men His dispensations with solemn oaths perjuries and degrees of Marriage forbidden in the VVord his crueltie against the innocent divorced his divellish Masse his blasphemous Priesthood
if any of Our subjects whether ecclesiasticall or civill of whatsoever qualitie title or degree have or shall at any time presume to doe any such act or assume to themselves any such exemption or power That they shall like as by these presents We make and ordaine them to be lyable to the triall and censure of Parliament generall Assembly or any other Judicatories competent according to the nature and qualitie of the offence And for the free entry of Ministers that no other oath be administrate unto them then that which is contained in the act of Parliament And to give Our subjects full assurance that We never intend to admit of any change or alteration in the true Religion alreadie established and professed in this Our kingdome And that all Our good people may be fully and clearly satisfied of the realitie of Our intentions towards the maintenance of the truth and integritie of the said Religion We have thought fit and expedient to injoine and authorize like as We by these presents doe require and command all the Lords of Our privie Councell Senatours of the Colledge of Justice Judges and Magistrates to burgh and land and all Our oâ—her subjects whatsoever to subscribe and renew the Confession of Faith subscribed at first by Our deare Father and His houshold in the yeare of God 1580. Thereafter by persons of all rankes in the yeare 1581. by ordinance of the Lords of secret Councell and acts of the generall Assembly Subscribed againe by all sorts of persons in the yeare 1590. by a new ordinance of Councell at the desire of the generall Assembly with their generall band of maintenance of the true Religion and the Kings person And for that effect We doe require the Lords of Councell to take such course anent the foresaid confession and generall band that it may be subscribed and renewed throughout the whole kingdome with all possible diligence And because We will not leave in Our subjects minds the least scruple or doubt of Our royall intentions and reall resolutions Wee have given warrant to Our Commissioner to indict a free generall Assembly to be holden at Glasgow the twenty first day of November in this present yeare 1638. And thereafter a Parliament to be holden at Edinburgh the fifteenth day of May Anno 1639. for settling a perfect peace in the Church and Common-weale of this kingdome And because it is likely that the disorders and distractions which have happened of late have beene occasioned through the conceived feares of innovation of Religion and Lawes and not out of any disloyaltie or disaffection to soveraigntie We are graciously pleased absolutely to forget what is past and freely to forgive all by-gones to all such as shall acquiesce to this Our gracious pleasure and carry themselves peaceably as loyall and dutifull subjects and shall ratifie and approve the same in Our next ensuing Parliament And that this Assembly may have the better successe and more happy conclusion Our will is that there be a solemne Fast proclaimed and kept by all Our good subjects of this kingdome a foureteene dayes before the beginning of the said Assembly the causes thereof to be a begging a blessing from God upon that Assembly and a peaceable end to the distractions of this Church and kingdome with the aversion of Gods heavie judgement from both And Our pleasure is that this Fast be kept in the most solemne manner as hath beene in this Church at any time heretofore upon the most extraordinary occasion OUR WILL is herefore and We charge you straightly and command that incontinent these Our Letters seen ye passe and make publication hereof by open proclamation at the market crosses of the head burrowes of this kingdome where-through none pretend ignorance of the same Given at Our Court of Oatlands the ninth day of September 1638. Per Regem AFter this Declaration was proclaimed the Confession of Faith as it was at the first commanded by Our Royall Father as also the band annexed for defence of the Religion now established and of Our Person and authoritie with the subscriptions of Our Commissioner and Councell to them both doe here follow The Confession of Faith of the Kirke of SCOTLAND Subscribed at the first by the Kings Majesties umwhile dearest Father of blessed memory and his Houshold in the yeer of God 1580. Thereafter by persons of all ranks in the yeere of God 1581. by ordinance of the Lords of Secret Councel and Acts of the Generall Assembly Subscribed againe by all sorts of Persons in the yeer 1590. by a new Ordinance of Councel at the desire of the general Assembly With the general Band for maintenance of the true Religion And now renewed and subscribed again by his Majesties speciall command by the right noble Marquesse James Marquesse of Hamiltoun Earle of Arran and Cambridge Lord Even and Evendail his Majesties high Commissioner and Lords of secret Councell undersubscribing And that of and according to the date and tenor of the said Confession of Faith dated in March 1580. and of the Band dated in Anno 1589. WEe All and every one of us underwritten protest That after long and due examination of our owne Consciences in matters of true and false Religion are now throughly resolved in the Truth by the Word and Spirit of God and therefore we beleeve with our hearts confesse with our mouths subscribe with our hands and constantly affirme before God and the whole World that this only is the true Christian Faith and Religion pleasing God and bringing salvation to man which is now by the mercy of God revealed to the world by the preaching of the blessed Evangel And received beleeved and defended by many and sundry notable Kirks and Realmes but chiefly by the Kirk of Scotland the Kings Majestie and three Estates of this Realme as Gods eternall truth and onely ground of our salvation as more particularly is expressed in the Confession of our Faith stablished and publikely confirmed by sundry Acts of Parliaments and now of a long time hath been openly professed by the Kings Majestie and whole body of this Realme both in Burgh and Land To the which Confession and forme of Religion wee willingly agree in our consciences in all points as unto Gods undoubted Truth and Verity grounded onely upon his written Word And therefore Wee abhorre and detest all contrarie Religion and Doctrine But chiefly all kinde of Papistrie in generall and particular heads even as they are now damned and confuted by the Word of God and Kirke of Scotland but in speciall we detest and refuse the usurped authoritie of that Roman Antichrist upon the Scriptures of God upon the Kirk the civill Magistrate and conscience of men All his tyrannous lawes made upon indifferent things against our Christian liberty His erroneous doctrine against the sufficiency of the written word the perfection of the Law the office of Christ and his blessed evangel His corrupted doctrine concerning originall sin our naturall
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
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
Act. 99. Parl. 7. Act. 23. Parl. 11. Act. 114. Parl. 12. Act. 160. Parl. 13. K. James 6. ratified by Act. 4. K. Charles So that Act. 6. Parl. 1. and Act. 68. Parl. 6. of K. James 6. in the yeare of God 1579. declares the Ministers of the blessed Evangel whom God of his mercie had raised up or hereafter should raise agreeing with them that then lived in Doctrine and administration of the Sacraments and the people that professed Christ as he was then offered in the Evangel and doth communicate with the holy Sacraments as in the reformed kirkes of this Realme they were presently administrate according to the Confession of Faith to be the true and holy kirk of Christ Jesus within this Realme and decernes and declares all and sundrie who either gainsayes the VVord of the Evangel received and approved as the heads of the Confession of Faith professed in Parlament in the yeare of God 1560. specified also in the first Parlament of K. James 6. and ratified in this present Parlament more particularly do specifie or that refuses the administration of the holy Sacraments as they were then ministrated to be no members of the said kirk within this Realme and true Religion presently professed so long as they keepe themselves so divided from the societie of Christs bodie And the subsequent Act. 69. Parl. 6. K. James 6. declares That there is no other face of kirke nor other face of Religion then was presently at that time by the favour of God established within this Realme which therefore is ever stiled Gods true Religion Christs true Religion the true and Christian Religion and a perfect Religion Which by manifold Acts of Parlament all within this Realme are bound to professe to subscribe the articles thereof the Confession of Faith to recant all doctrine and errours repugnant to any of the said Articles Act. 4. and 9. Parl. 1. Act. 45.46.47 Parl. 3. Act. 71. Parl. 6. Act. 106. Parl. 7. Act. 24. Parl. 11. Act. 123. Parl. 12. Act. 194. and 197. Parl. 14. of K. James 6. And all Magistrates Sheriffes c. on the one part are ordained to search apprehend and punish all contraviners for instance Act. 5. Parl. 1. Act. 104. Parl. 7. Act. 25. Parl. 11. K. James 6. And that notwithstanding of the Kings Majestes licences on the contrary which are discharged and declared to be of no force in so farre as they tend in any wayes to the prejudice and hinder of the execution of the Acts of Parlament against Papists and adversaries of true Religion Act. 106. Par. 7. K. James 6. on the other part in the 47. Act. Parl. 3. K. James 6. it is declared and ordained seeing the cause of Gods true Religion and his Highnesse Authority are so joyned as the hurt of the one is common to both and that none shall be reputed as loyall and faithfull subjects to our Soveraigne Lord or his Authority but be punishable as rebellers and gainstanders of the same who shall not give their Confession and make their profession of the said true Religion and that they who after defection shall give the Confession of their faith of new they shall promise to continue therein in time comming to maintaine our Soveraigne Lords Authoritie and at the uttermost of their power to fortifie assist and maintaine the true Preachers and Professours of Christs Religion against whatsoever enemies and gainstanders of the same and namely against all such of whatsoever nation estate or degree they be of that have joyned and bound themselves or have assisted or assists to set forward and execute the cruell decrees of Trent contrary to the Preachers and true Professours of the Word of God which is repeated word by word in the Articles of Pacification at Pearth the 23 of February 1572. approved by Parlament the last of Aprill 1573. ratified in Parlament 1578. And related Act. 123. Parl. 12. of K. James 6. with this addition That they are bound to resist all treasonable uproares and hostilities raised against the true Religion the Kings Majestie the true Professors Like as all lieges are bound to maintain the K. Majesties Royal Person and authority the authority of Parlaments without the which neither any laws or lawful judicatories can be established Act. 130. Act. 131. Par. 8. K. Ja 6. the subjects liberties who ought only to live and be governed by the Kings lawes the common lawes of this Realm allanerly Act. 48. Parl. 3. K. James 1. Act. 79. Parl. 6. K. James 4 repeated in Act. 131. Parl. 8. K. James 6. VVhich if they be innovated or prejudged the Commission anent the union of the two kingdomes of Scotland and England which is the sole Act of the 17. Parl. of K. James 6. declares such confusion would ensue as this Realme could be no more a free Monarchie because by the fundamentall lawes ancient priviledges offices and liberties of this kingdome not onely the Princely authoritie of his Majesties royall discent hath bin these manie ages maintained but also the peoples securitie of their lands livings rights offices liberties dignities preserved and therefore for the preservation of the said true Religion Lawes and Liberties of this kingdome it is statute by Act. 8. Parl. 1. repeated in Act. 99. Parl. 7. ratified in Act. 23. Parl. 11. and 114. Act. of K. James 6. and 4. Act. of K. Charles That all kings and Princes at their Coronation and reception of their Princely authoritie shall make their faithfull promise by their solemn oath in the presence of the eternall God that enduring the whole time of their lives they shall serve the same eternall God to the uttermost of their power according as he hath required in his most holy VVord contained in the old and new Testaments And according to the same VVord shall maintain the true Religion of Christ Jesus the preaching of his holy VVord the due and right ministration of the Sacraments now received and preached within this Realme according to the Confession of Faith immediately preceding and shall abolish and gainstand all false Religion contrarie to the same and shall rule the people committed to their charge according to the will and command of God revealed in his foresaid VVord and according to the lowable lawes and constitutions received in this Realm no waies repugnant to the said will of the eternall God and shal procure to the uttermost of their power to the kirk of God and whole Christian people true and perfit peace in all time comming and that they shall be carefull to root out of their Empire all Hereticks and enemies to the true worship of God who shall be convicted by the true kirk of God of the foresaid crimes which was also observed by his Majesty at his Coronation in Edinburgh 1633. as may be seene in the order of the Coronation In obedience to the commandement of God conform to the practice of the godly in former times and according to the laudable example
interpretation of the Confession as the like hath scarcely beene heard Thirdly where was it ever heard that men pretending for a ground of their proceedings the president of a former Confession and band annexed did dare to adde any thing to the text of that Confession and band upon which they meant to build their actions But these men have taken upon them not onely without authoritie to make an interpretation of that Confession but flatly against Authoritie to adde to the verie text of the band of maintenance For whereas the band annexed to the former Confession was made in defence of Us Our Authoritie and Person with their fortunes bodies and lives in defence of the Gospel of Christ and liberties of that Our Kingdome c. they have added a mutuall defence of one another So that the band which was at the first made against those subjects who went about to correspond with forreiners for the subversion of Our Religion and Kingdome is now made against all persons whatsoever who shall oppose them in their courses That band which was made in defence of Our person and authoritie against all treason at home and invasion from abroad is now principally made against Us if We shall oppose their courses and next against all such of Our loyall subjects as shall adhere to Us in defence of Our person and authoritie For these words against all persons whatsoever not excepting Us shewes their bad meaning too well Now whether Our Royall Father in the first band by defence of His person and authoritie meant maintenance against Us His successor Our person and authoritie for they urge the intention of the first Confession and band as a warrant for this new one of theirs or whether the words of the Emperour or any Monarch or any other Law-giver in any of their Lawes or Rescripts can bee taken in any tolerable construction against the Crowne and Dignitie of themselves and successors Or how these new Covenanters can with the same breath blow both hot and cold with the same hand both strike and stroake Us in one sentence swearing to defend Our person and authoritie and yet in the next swearing to defend one another against all persons whatsoever not excepting Us if not principally intending Us We leave it to the world to consider Fourthly what shew of defence can these men make to save themselves from being punished with all rigour as movers of sedition and disturbers of the publike peace and quietnesse of the Kingdom since the Act of the tenth Parliament of James the sixt Act. 12. and the 75. Act of the ninth Parliament of Queene Marie to which the Act last mentioned relateth have declared all leagues of subjects amongst themselves without the privitie and approbation of the King to be seditious and the Authors and Abetters of them to be punished as movers of sedition The tenth Parliament of James the sixth Act. 12. FOrasmuch as there was an Act made in the Regiment of Mary late Queen dowager and Regent of this Realme Our Soveraigne Lords grandmother of worthy memory concerning leagues and bands as being thought against all law and obedience of subjects towards their Princes The not observation of which Act since the making hath given occasion of many troubles which have occurred since VVherefore Our Soveraigne Lord with the advice of His three Estates conveened in this present Parliament ratifieth approveth and for His successours perpetually confirmeth the said Act of Parliament and ordaineth the same to have full effect and â—xecution in all time to come And also of new with the advice of His said three Estates dischargeth and annulleth all leagues and bands made between his lieges and subjects at any time by-past preceding the date hereof And statuteth and ordaineth that in time to come no leagues nor bands be made amongst His subjects of any degree upon whatsoever colour or pretence without His Highnesse or His successours privitie and consent had and obtained thereunto under the paine of being held and executed as movers of sedition and unquietnesse to the breach and trouble of the publick peace of the Realme and to be cited and pursued therefore with all rigour to the example of others The ninth Parliament of Queen Mary Act. 75. IT is statuted and ordained by the Queenes Majestie and three Estates in Parliament That no manner of person or persons of whatsoever qualitie estate condition or degree lieges of this Realme attempt to doe or raise any bands of men of warre on horse or foot with Culverings Pistols Pikes Spears Jacks Splents Steel-bonnets white harnis or other warre-like munition whatsoever for daily weekly or monethly wages in any time to come without speciall licence in writing had and obtained of Our Soveraigne Lady and her successours under the paine of death to be executed upon the raisers of the said bands as also upon them that doe conveen and rise in bands Now Our consent to their Covenant was not onely never granted but never so much as once asked When they have satisfied these important questions and considerations which are obvious to all men who are acquainted with Lawes and Government then let them bethinke themselves how they will answer not onely to all Divines abroad who are not Jesuited but even to their own Universities at home in that Our Kingdome in the case of conscience how any Oath much lesse such an unlawfull Oath as this can be administred to any Prince his subjects without his consent or authoritie There are but two Universities in Scotland which conferre all Degrees S. Andrewes and Aberdene both these upon the first comming abroad of this their Covenant and Oath did oppose it and severally set forth sent abroad and dispersed in writing those excellent and unanswerable Reasons against it which Wee have seene and have but which the Covenanters did never answer Besides the Divines of Aberdene set out in print their Queries to the three Ministers sent thither from their Table to perswade their Covenant which how poorely and pitifully they answered and so againe how they answered the same mens Duplies as miserably as their former Queries We leave to the judgement of Schollers to whom these three Ministers weakenesse in their answers hath made them sufficiently ridiculous There is likewise an Universitie in Glascow which because it hath but one Colledge and hath not of late conferred any Degree above that of Master of Arts is called the Colledge of Glascow They of that Colledge were verie backward to come into their Covenant untill they were extremely threatned and when they came in they premitted such interpretations and limitations as were destructive of the verie foundation of it some of the Regents never came in at all In the Colledge of Edinburgh where there are but foure Regents how two of them for not subscribing their Covenant were expelled from their places is notoriously knowne Now one would thinke that in any Kingdome the judgement of the learned Professors in Universities
adjudged to be so in the case of the Ministers who held an Assembly at Aberdene after it was prorogued by Our royall Father who being cited to compeere before the Lords of the Councell to answer that high contempt and compeering declined the authoritie of Our royall Father and his Councell and appealed to a Generall Assembly and were therefore arraigned of high treason upon that Statute before the Lord chiefe Justice of that Kingdome and after pleading to it by their Advocates were found by a Jurie or Assize guilty of high treason and had received sentence accordingly if Our royall Father out of his singular clemencie and gracious respect to their calling had not reprived them before sentence and only inflicted upon them perpetuall banishment which they did undergoe The Act of Parliament upon which they were arraigned was this The eighth Parliament current holden at Edinburgh the 22. of May in the yeere of God 1584. by the right Excellent right High and Mightie Prince James the Sixt by the grace of God King of Scots and three Estates of this Realme An Act confirming the Kings Majesties royall power over all Estates and subjects within this Realme FOrasmuch as some persons being lately called before the Kings Majestie and his secret Councell to answer upon certaine points to have beene inquired of them concerning some treasonable seditious and contumelious speeches uttered by them in Pulpits Schooles and otherwaies to the disdaine and reproach of his Highnesse his Progenitors and present Councell contemptuously declined the judgement of his Highnesse and his said Councell in that behalfe to the evill example of others to doe the like if timely remedy be not provided Therefore our Soveraign Lord and his three Estates assembled in this present Parliament ratifieth and approveth and perpetually confirmeth the Royall power and authority over all Estates aswell spirituall as temporall within this Realme in the person of the Kings Majestie our Soveraign Lord his Heires and Successors And also statuteth and ordaineth that his Highnesse his Heires and Successors by themselves and their Councells are and in time to come shall be judges competent to all persons his Highnesse subjects of what estate degree function or condition soever they be of Spirituall or Temporall in all matters wherein they or any of them shall be apprehended summoned or charged to answer to such things as shall bee inquired of them by our said Soveraigne Lord and his Councell And that none of them which shall happen to be apprehended called or summoned to the effect aforesaid presume to take in hand to decline the judgement of his Highnesse his Heires and Successors or their Councell in the premises under the paine of treason Their sixth Protestation is nothing but a repetition of that which they have said so oft even unto tediousnesse In their seventh and last they bewray an unexempled boldnesse in avowing their confidence of Our approbation to the integritie of their hearts and peaceablenesse of their waies and actions all this time past when in their owne consciences they doe know that We doe hold and detest their waies and actions as most unpeaceable and seditious And now having taken a short survey of this their Protestation We doe appeale to any man who shall compare it with Our Declaration whether Our gracious Proclamation against which they protested did not rather deserve an humble and hearty acknowledgement of Our many graces and favours towards them with a joyfull and submissive acceptation of them then first to be traduced to the people before it was made for a Proclamation tending to the utter ruine and subversion of the Religion and Lawes of that Church and Kingdome and then afterward to bee encountred in publique with such an impudent insolent seditious and senslesse Protestation And lastly after all this to be railed at in their Pulpits and Our people made to beleeve that that part of it which required subscription to their owne confession of faith but lately sworne and subscribed unto by themselves was a device of the Devill and hatched in Hell as shall appeare by that which followed For the next day being Sunday all the Pulpits of Edinburgh nay and many places where there were no Pulpits for they heard Sermons in many Halls and other profane and common places did ring with bitter invectives and declamations against this Our gracious Declaration especially against that part of it which they conceived would be most satisfactorie to Our people and prove a speciall Antidote for expelling that poyson which they had made them swallow concerning Our declining from the Reformed Religion and inclining to Poperie viz. the subscription to their own confession of faith now commanded by Us For they branded it so with most hideous and horrible names of the very depth and policie of Sathan that the common people who were well perswaded of the pietie of their Preachers could not chuse but imagine that there was some wickednesse in it which their Preachers could and did dive into though they did not One Preacher in his Sermon prayed God to scatter them in Israel and to divide them in Jacob who were the authors of this scattering and divisive counsell Another Preacher in his Pulpit told his people that the urging of this subscription was an Italian and a devillish device first to make them renounce God and perjure themselves and then afterward there was an intention to destroy their bodies and so that this subscription imported no lesse then the destruction both of their bodies and soules These and many more such false feares suggested first from two of the Preachers of Edinburgh and from them transmitted to their fellows throughout the Kingdome did worke so strongly with Our good but simple and seduced people as that they were wrought unto a perswasion that this subscription to their owne confession of faith commanded by Us for removing that false opinion which their Leaders had put into their heads of Our inclination to Poperie was of a farre deeper reach and of more dangerous consequence then if We had been inclined to Poperie indeed still adding That if they did subscribe it now by Our authoritie it could receive no acceptation at Gods hands God rejecting any service done to him by constraint it being very familiar with them at these times to terme obedience to authoritie constraint but when they subscribed it voluntarily or by the perswasion of their Leaders then it was acceptable to God and if they durst have used such a Popish word no question they would have added Meritorious And thus you see with what undutifulnesse Our gracious Declaration was entertained Yet it was not so received by all For first all the Lords of Our Councell amongst whom were some who never seemed to be satisfied before were so fully satisfied and so much overjoyed with this Our gracious Declaration that they did condemne and utterly detest this odious Protestation of the Covenanters whereupon Our Councels Letter of thankes and proffer of
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
Aberdene The Archbishop of Glasgow in Glasgow the Bishop of Murray in Elgin to give obedience to the said act which if they refused to do that the Synodall Assemblies shall appoint certaine brethren of their Presbyteries to give them publike admonitions out of their Pulpits and to warne them if they disobey to compeere before the next Generall Assemblie to be holden at Edinburgh 20. Octob. to heare the sentence of excommunication pronounced against them for their disobedience and to this act the Bishop of Dumblane that then was agreed submitting himself to be ruled by it it was also condemned by the act of Glasgow Anno 1581. which doth ratifie the former act of Dundee and ordaines the book of policie which was approved by severall Generall Assemblies to be registrated in the books of the Assemblie and enjoyned the generall confession of faith to be subscribed by all his Majesties Lieges Yet hath the said Master David Lyndsey with his foresaid Colleagues respectivè not onely incroached upon the liberties of Presbyteries and Synods but hath also took Consecration to the office of a Diocesan Bishop without the knowledge or consent of the Church and against the acts of it claiming the power of ordination and jurisdiction as due to him by that unwarrantable office Besides the said Master David Lyndsey with his foresaid colleagues respectivè have against the Lawes of the Church and Kingdome brought in the Service book the book of Canons and the High Commission Court and would have changed and overthrowne the whole frame of doctrine of Gods word the use of the Sacraments the Discipline Liberties and Priviledges of this Church and State if the Lord had not prevented them The particulars wee shall present to your wisdomes though it bee knowne to all men how hee and they have abused his Majesties authoritie against his Royall intentions and Declarations they having moved discontents betwixt the King and his subjects by scandalous lies betwixt subject and subject for which things complaints have been given in to the Councell which we hold heare to be repeated as a part of our complaint and to be tried by your wisdomes and referred to the Assemblie Besides all these faults the said Master David Lyndsey with his Colleagues respectivè in his life and conversation is slandered constantly as guiltie of excessive drinking whoring playing at Cards and Dice swearing profane speaking excessive gaming profaning of the Sabbath contempt of the publike ordinances and private familie-exercises mocking of the power of preaching prayer and spirituall conference and sincere professors besides with briberie simonie selling of Commissariots places lies perjuries dishonest dealing in civill bargaines abusing of thir vassals and of Adulterie and incest with many other offences of which we shall give the particulars in our particular accusations Whereas the Presbyterie is the ordinarie judicatorie of this Church for trying of these offences and hath the Ecclesiasticall power for cytation of the parties and offenders with the reference to their complaints to the Generall Assemblie Therefore wee most earnestly and humblie beseech your godly wisdomes as you tender the glorie of God the peace and libertie of this Church the removall of scandals and punishment of vice that you will take into your consideration and triall the foresaid many and hainous offences with the particular reservations and qualifications of them which we shall present to your wisdomes or to the Assemblie when it shall bee thought convenient and that you would either take order with it your selves and censure the offenders according to the nature of the offences with the Ecclesiasticall paines contained in the Acts and foresaid Canons of this Church and Kingdome or else make a reference of them to the Generall Assemblie to bee holden at Glasgow 21. Novemb. and that the knowledge of these should come to the Delinquents that you will be pleased to ordaine the publishing hereof to bee made by all the Brethren of the Presbyterie in their Pulpits upon the Sabbath before noone with a publike admonition to the offenders to be present at the Assemblie to answer to this complaint and to undergo the censure and triall of it and to bring with them the books and scroules of subscriptions and oaths required from those who enter into the Ministerie with the books of the High Commission Court and the books of the Generall Assemblie which they or their Clerk had or have fraudulently conveied away Together with this certification That if the said Master David Lyndsey with his foresaid colleagues respectivè do not appeare in the said Assemblie and bring with them the said books to answer to this complaint in generall and to the particular heads of it and to submit himselfe to the triall and proofe of this complaint generall and to the particular heads of it that there shall be a condigne censure of these offenders for their contempt and contumacie Here wee humblie beseech your wisdomes answer The Act of the Presbyterie of Edinburgh 24. Octob. 1638. yeares in answer to this Complaint UPon the said day we the Brethren of the Presbyterie of Edinburgh after we had received this Bill and complaint presented unto us by the Laird of Buchanan The Laird of Dury the younger The Laird of Carlourie John Smith late Bailife of Edinburgh John Hammiltoun and Richard Maxwel in name of the Noblemen Barons Burgesses and Commons subscribers of the Covenant which are not Commissioners to the Generall Assemblie against the pretended Archbishops and Bishops of this Kingdome and after wee had read and seriously considered the same wee according to the desire of the complainers did and do referre the same to the next Generall Assemblie to bee holden at Glasgow 21. November And we ordaine the publishing of this complaint and of our reference of it to the Assemblie to be fully read by all the Pastors of the Presbyterie upon the next Sabbath before noone out of their Pulpits with a publike warning and cytation to the offendants complained upon By name Master John Spotswood pretended Archbishop of Saint Andrewes Master Patrick Lyndsey pretended Archbishop of Glasgow Master Thomas Sydserfe pretended Bishop of Galloway Master David Lyndsey pretended Bishop of Edinburgh Master Alexander Lyndsey pretended Bishop of Dunkeld 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 Orknay Master John Abernethie pretended Bishop of Caithnes Master Walter Whitefoord pretended Bishop of Brichen Master James Wedderburne pretended Bishop of Dunblane Master James Fayrley pretended Bishop of Argyle Master Nail Campbel pretended Bishop of the Isles to be present at the said Assemblie to answer to this complaint in generall and to the particular heads of it to undergo the triall and censure of it and to bring with them the books and scroules of the subscriptions and oaths of them who enter into the Ministerie the books of the High Commission and the book of the Generall
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
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
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
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
limited as was competent to them since the reformation of Religion in the reformed Kirk From which time their office and jurisdiction spirituall was alwayes extinct Which is evidently acknowledged in the act of Parliament 1592. and expresly in the act of parliament 1597. granting voice in parliament to Ministers Which albeit it was the first step to Episcopacy yet the parliament thereby hath remitted the office of Bishops in their spiritual policy and government as not pertaining to their civill place and jurisdiction to the King and the generall Assembly of Ministers as properly belonging to them but prejudice alwayes of the jurisdiction and discipline of the Kirk permitted by many acts of Parliament whereof that 1592. forecited is one to generall provinciall Assemblies Presbyteries and Sessions of the Kirk which were never prejudged neither by the act 1606. nor by the act 1609. albeit corruption was then fast advancing till the yeare 1612. at which time first and never before the King and Estates had taken the advice of the pretended Assembly at Glasgow anent their office and spirituall jurisdiction formerly remitted to them as is cleare in the act of Parliament 1612. relative to that remit in the Parliament 1597. which for that cause is also omitted by the quotter Like as also the act of parliament 1609. restoreth them only to temporall jurisdiction and priviledges lawfully pertaining to them and flowing from his Majesty as any other ordinare jurisdiction doth with reservation of the Kings supremacy and prerogative therein which can no wayes comprehend their ecclesiasticall office because the same is not a temporall jurisdiction neither did lawfully pertaine to them but by the law of God and acts of this Kirk after reformation and by the act 1592. was abrogat and taken from them and the ecclesiasticall power established in presbyteries So that if it be an ecclesiasticall office it cannot flow from the King who cannot make a Minister Doctor Elder or Deacon in the Kirk albeit hee may present a Minister made by the KING of Kings to the Kirk neither can the parliament institute originally any ecclesiasticall office in the Kirk as is before said Further the intended scope of that act is only the restitution of Commissariats and temporal jurisdiction flowing from his Majesty as is cleare by the act it selfe bearing that they shall brooke all priviledges and jurisdictions granted to them by his Majesty and redintegrates them to their former authority and jurisdiction lawfully pertaining to them alwayes flowing from his Majesty from whom only temporall jurisdiction doth flow which is only the jurisdiction of Commissers in temporall causes and no waies any spirituall jurisdiction competent ratione officii which by Gods word and the lawes of the Kingdome was abjured in them and established in assemblies presbyteries c. as is many times before repeated But to convince them further it is not or that both 1606 and 1609. they road in Parliament and by their own voices and the iniquity of the time made the said acts without inserting the cautions made at Montrose without any commission from the Kirk contraire to the said cautions and their owne oath given for observance thereof against which the Kirk of Scotland did protest solemnly clearing unanswerably not only the unlawfullnesse of their Ecclesiastick Episcopall function but also of the civill places in persons of Pastors from Gods word our confession of Faith 1580. acts of this Kirk and Kingdome but this protestation being rejected by them was printed to the view of the world And as for the act of the Parliament 1617. it cannot set down consecration to the office without a preceeding act of the Kirk which is not alleadged but by the contraire the Kirk had before condemned that office and did particularly protest against that act of Parliament Moreover this act is builded upon the supposed ground of Glasgow Assembly 1610. which for infallible reasons is now annulled and so not only this act 1617. but all after acts ratifying the same fall ex consequenti both by the light of reason law and practise of this Kingdome For when the principall act or right ratified doth fall the subsequent ratification falleth eo ipso especially in this case when civill laws in ecclesiasticall matters cannot be made originally nor subsist after the abolition of the ecclesiasticall constitutions which they ordaine under civill sanction to be obeyed and yet being once annulled they cannot be obeyed And further even that corrupt Assembly of Glasgow 1610. which is now declared to have been null ab initio did never restore the office of a diocesian Bishop before condemned in this Kirk but did too far enlarge and extend the power of these who were provided to the benefice of Bishops and yet alwayes under cautions and limitations sworn unto which they never observed and upon condition of their subjection for censure to yearly generall Assemblies which they have not keeped but impeded and so they ought not to clame the benefice of these acts of Parliament concluded by their own voyces and protested against by the Kirk of Scotland and violated by themselves And last for answer to all acts of Parliament whatsoever let the Christian Reader consider if as the Assembly lately conveened by his Majesties indiction in the name of Jesus Christ should judge and hath proceeded by the word of God alone and not by acts of parliament so we are obliged by our oath made to God to return to the doctrine and discipline of this Kirk 1580. and renounce all subsequent acts contrary thereunto and prejudiciall to the purity of reformation and the Kirk in whose favours any pretended priviledges is granted and that out of experience of reall prejudice and the pungent sins of our oath and danger of perjury under which this Kingdome lyeth for the which we ardently deprecate Gods wrath and beg mercy to every one of us who are guilty and must still continue our earnest and humble supplications to his Majesty for redresse as we shall do our petitions to God for preserving the sacred person of our dread Soveraign and perpetuating his reigne and his Royall posterity over this land so long as the world endureth Revised according to the ordinance of the generall Assembly by mee Mr. A. Ihonston Clerk thereto Edinb 14. of Feb. 1639. BEcause the Reader shall not need to doubt of the vanity of all these exceptions against the Acts of Parliament here cited and of the impertinency of their Citations of some Acts of Parliament to the contrary Wee shall demonstrate to the Reader that when this Confession of Faith was first framed and injoyned to be subscribed Episcopall government was then in force and strength which doth appeare by the most unquestionable and irrefragable Record of that Kingdom viz. The Bookes and Rolls of Parliament And therefore Wee have here caused to be inserted out of the Sederunt Rolls of Parliament the names of such Bishops as sate in Parliament and
and Records that the Castle of Edinburgh was given in keeping to the house of Erskine by the King and Estates of Parliament hac lege expressa conditione ut nulli nisi conventui ordinum reposcenti traderent Eighthly this Act is not unexampled in the Christian world but hath many presidents both in the History of other Kirks and Kingdomes and of our own which hath many such examples even done by the Estates themselves whose fact doth make our right and whose authority is ratified conforme to the ancient and loveable custome in punishing rebellious subjects and preserving the faithfull Act 130. Par. 8. James 6. In the next place we are upbraided for our meetings which in the Proclamation are called Councell Tables only by that name which by ordinary expression is due to judicatories to make it beleeved that we have arrogate to our selves some unwarrantable power and authority which we neither have nor intends to doe God willing whereas the truth is that in a matter so highly importing all of us as the preservation of Religion and purity of Gods worship it was most necessary for us to meet and that in a sober modest and quiet way for deliberating with joynt advice upon those weighty businesses for the good of the Kirke his Majesties honour and peace of the Kingdome And those meetings did never emit nor send forth any authoritative command or injunctions but conclude upon such advices as might be most expedient for advancing that great businesse and facilitating the way of supplication to his Majestie and overtures for the Assembly and Parliament which was an Act lawfull and approvable in the selfe albeit the conclusions thereof did not carry the force or validity of a binding law or command which was never aimed at nor intended Which meetings they might warrantably keepe for that end being for Gods glory and removing the iust grievances of the subiects no waies prohibited by any of our municipall Lawes which disapproveth such conventions as are for disturbance of the peace or usurpation against Authority whereof neither of the two can bee alledged against these meetings Not the first because no invasion violence offer of wrong by word or deed to any person no even to those upon whom they justly complaine ensewed upon the same notwithstanding of their provocations and their feares falsly represented to his Maiesty and maliciously pretended for their stay out of the Countrey Not the second because their meetings was to consult in manner foresaid upon the most fitting and humble way of supplicating his Maiestie and for the most convenient propositions to bee represented to his Maiesty the Parliament and Assembly all which acts are most compatible with the loyalty and duty of good subjects and doe no waies intrench upon Authority seeing they can never be challenged to have assumed to themselves any judiciall determination in any matter of State Civill nor Ecclesiasticall but by voluntary instructions and opinions every one to another in a common cause of Religion did resolve what might be most conducible to their lawfull and iust ends And yet those conventions want not the warrant of Law and Authority because they consist of the Nobility Barons Burrows and Ministerie which by the fundamentall Lawes of the Land have place of proponing reasoning and voting in Parliament and Assemblies Act 113. King James the 6. Parl. 11. wherein is acknowledged that it is necessary to the King and his Estates to be truly informed of the needs and causes pertaining to His loving subjects in all estates and therefore ratifieth the Act made by King James 1 anno 1427. Giving power to Barons to propone all and sundry needs and causes and to heare treat and determine all causes to be proponed in Parliament which necessary and true information cannot be made to his Majestie and Estates without privy meeting and consultation and consequently it being granted to them to informe the King and Estates and to propone heare treat and finally determine all needs and causes to be proponed in Parliament there must be necessarily understood to be a sufficient power granted to them for meeting and advising upon that information Quia aliquo concesso omnia concessa videntur sine quibus concessum expediri nequit And as to the Ministers they have likewayes power granted to them not onely by the word of God and constitutions of the Kirke but by the King and laws of this land to propone reason and vote in Assemblies and be the samine parity of reason to keep preceding meetings not to determinate or execute but to consult upon their necessary propositions So that these lawfull meetings for the religious end suffer wrongously the invidious designation of Councell tables which is onely done for procuring misconstruction against them because at these meetings and consultations they sat about a table which posture is no wayes prejudiciall to Authority the meanest of mechanik crafts having their own tables where about they sit when they consult upon the smallest businesse importing their trade And farder these same meetings consisting of Commissioners from each Sheriffedome and body of this Estate were allowed by his Majesties Councel first and thereafter by the Commissioner his Grace In so farre as the whole subjects of this kingdome out of their resentment of the weight of this cause having numerously conveened at Edinburgh from all the parts of the kingdome that confluence of people was desired to be dissolved and directed to make choose forth of that great number of some Commissioners from each shire who might meet to represent their just grievances and desires and attend the answers thereof The third particular challenge in the Proclamation is for the illegall and unformall course taken in the election of Commissioners to the Assembly whereof some are alledged to have beene under the censure of this Kirke some under the censure of the Kirke of Ireland some banished for teaching against Monarchie others being suspended some admitted to the Ministery contrare to the laws of this kingdome others at the Horne some confined and all by oath bound to the overthrow of Episcopacie Whereunto although no answer be requisite seeing the persons thereby meaned are not specially condescended upon yet for clearing all mens mindes and showing the warrantablenesse of our proceedings it is of truth that the Assembly after particular triall which they took upon some such surmises could not finde any censured by the Kirke of Scotland or Ireland by a lawfull manner in a lawfull judicatory or for a lawfull cause but on the contrary the Assembly after carefull searching and examination found that any censure inflicted upon any of these persons in Scotland was only by a Bishop who ought to be punished for taking arrogantly on him the name of the Kirke of Scotland and that without the advice of any Presbytery but sitting in his high commission which was condemned by the laws of this Kirke and
supreme Magistrate giving to God what is Gods and to Cesar what is Cesars whereby the soveraign Magistrate hath no prejudice but great benefit to know the extent of his power in matters Ecclesiasticall lest either he should come short of what is due to him or for want of true information incroach upon the liberties of Christs Kirk Whereby it is most evident that no indirect nor partiall courses nor dangerous propositions have beene used in the preparations and elections to this Assembly but such as are most legall peaceable ordinarie and warrantable In the next place the Proclamation charges our innocency for repairing to the Assembly with great troupes and bands of men boddin in fear of war and furnished with forbidden armes in contempt of a preceding Proclamation whereas the truth is that our going and repairing to Glasgow was in the most peaceable quiet and single way which might serve for our security and indemnity against sundry outlawes Clangregors and their followers who shortly before the meeting of the Assembly had done sundry outrages and committed many insolencies upon the Kings good Subjects in these Westerne parts both to private men whom by their number they might enforce and by exacting moneyes at publicke mercats neere Glasgow whereof many were advertised by their private friends from these places and to come thither prepared for eviting all affront or hazzard which they might incurre by that rascally multitude So that being firmely resolved of before to goe thither every one accompanied with his own ordinary private train we yet continued in that resolution and went thither in most sober and quiet way onely with this change that for preveening that hazzard we went not every man alone with his owne ordinary servants but some few together went in company which is not onely ordinary in going out the way but was most expedient at that time for avoiding the foresaid hazzard and prejudice which moved us all so to carry with us some offensive weapons wherewith not onely these rebels were provided but likewaies such who went to Glasgow with his Majesties Commissioners who upon that same necessity were likewaies provided with those prohibited weapons and yet their carriage nothing thought to deboird from the duty of good subjects Upon these reasons some of the supplicants being present in Edinburgh at the making of the said Proclamation 16. of November last did protest that it might be lawfull for them to carry weapons for their own defence and preservation against any such lawlesse invasion or violence as might threaten them and that they might incurre no prejudice by carrying such weapons as those who followed Councellours and many others did promising to carry themselves peaceably and irreproveably during the time of the Assembly which accordingly they have done and seeing our said carrying of weapons was for defence of our lives against the invasion of these barbarous sorners we are not censurable therefore by the act of Parlament prohibiting the saids weapons because we was repairing to or returning from the Assembly at command of his Majesties letters and authority which is in speciall words exprest in the act of Parliament Act 18. Parliam 1. James 6. which is thereafter ratified with the same provisions Act. 87. Parliam 6. James 6. and thereafter also ratified Act. 248. Parliam 15. James 6. like as by the 227. Act Parliam 14. James 6. all honest men and good subjects free-holders are authorized with a commission to take and apprehend the persons and goods of those sorners and thieves keep themselves in prison and execute them to the death And therefore farre more to carry weapons for resisting of their savage violence And where the formall and orderly proceeding of this Assembly is challenged in the Proclamation as peremptory for refusing voice to the six Assessors assumed to himself by the Commissioner and for not suffering the Declinator by the Bishops to be read before the electing of a Moderator We cannot conceive the same to be a just cause of offence because albeit according to our bound duty We deferre all humble respect to his gracious Majesties Commissioner and to the persons and places of the prime Noble-men and Councellours his Graces Assessors yet for preservation of the liberty of the Kirke of Jesus Christ We did in all humility remonstrate that his Majesties Commissioner and Assessors how many soever whose place is not to vote but to assist the Commissioner by their counsell for his orderly proceeding could have but onely one voice in the Assembly Since after thirty-nine nationall Assemblies of this reformed Kirke where neither the Kings Majesty nor any in His name were present at the humble and earnest desire of the Assembly his Majestie graciously vouchsafed His presence either in His own 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 proceed in it for externall order And if we had been honoured with his Majesties personall presence his Majesty according to the practice of King James of blessed memory would onely have given His own judgement in voting of matters and would not have called others who had not been cloathed with commission from the Kirke to carrie things by plurality of voices Which is also imported by his Graces Commission produced wherein hee is nominate sole Commissioner Like as also his Majesties Father never had Assessours voicing in lawfull Assemblies nor challenged the same to his Commissioners but onely of late dayes in these corrupt Assemblies which for undenyable reasons are declared to have beene null ab initio And as to the refusing of the reading of the Declinator and Protestation exhibite by the Prelates The same was publickly read and the first Act of the Assembly immediately after the election of a Moderator and constitution of the members before the which time there was no Assembly established to whom the same could have beene read or by whom it could be judged Like as we desired his Grace to bring in the Prelates themselves and we should both answer for their safety and give them a full audience And further whereas his Grace under his hand gave in his Majesties declaration mentioned in this Proclamation the same being considered by the Assembly gave them matter of great joy to finde his Majesties royall heart so farre enlarged towards them as willingly to untie some of those grievous bands wherewith they had beene fettered by the meanes of some who abused their own places and trust with his Majesty But the same was not found satisfactory nor sufficient for establishing of a legall security of the points therein mentionate nor yet for purging the corruptions and setling the peace of this Kirke as was promised whereof the Commissioner his Grace would not stay to be informed but did unexpectedly and suddenly remove to the great grief of the Assembly who thereby was necessitate to
sufficiently evinced that our proceedings are not contrary to the Lawes of the Kingdome or destructive of any lawfull third Estate and which part of the Proclamation doth close with an undeserved imputation to our loyalty bearing that for the like dangerous Acts so derogatory to Royall authority and for others reasons importing true Monarchicall government the Commissioner was forced to dissolve the Assembly but the same is so generally expressed that it appeares evidently to be done of plaine purpose to make us hatefull which we hope will not worke that end unlesse some speciall Act of disloyalty or malversation could bee specially condescended upon which undoubtedly had not beene omitted if it had been possible otherwaies that darke cloud of general termes cannot obfuscate the pure brightnesse of our sincere intentions unlesse our true representation of grievances and earnest humble pressing legall redresse thereof at his Majesties hands may deserve that aspersion in the eyes of these Councellours who thinke themselves obliged rather in absolute obedience then a dutifull representation to their Soveraigne of what is just and warrantable wherein wee appeale to all the world if either our proceedings or opinions bee any wayes derogatory to the true power of Monarchicall government or his Majesties authority which wee are obliged to defend with our lives and fortunes by our Covenant And where in the Proclamation in that part thereof anent the Commissioners discharge of the Assembly is insinuate some expression of his graces willingnesse to returne the next morning to the Assembly wee declare that wee were most sensible of the benefit of his Graces presence and received great contentment by that countenance of Royall authority in representation whereof we would never have deprived our selves if we had had the least signification of any such intention but the truth is that having called our selves to our best remembrances we heard no word or expression tending that way but by the contrary we did humbly require his Grace to give in the reasons of his discontentment in writ and to returne the next day againe at which time wee should give in sufficient answers thereto which might wipe away all his Graces objections and move him to continue his wished presence to that Assembly whereat hee had publickly professed he could no longer assist but this being refused and the Assembly discharged by him we were necessitate to protest both that day and the day following upon the Mercate Crosse of Glasgow and to shew that in conscience of our duty to God and his truth the King and his honour the Kirke and her liberties this Kingdome and her peace this Assembly and her freedome to our selves and our safety to our posterity persons and estates we could not dissolve the Assembly for the reasons following First for the reasons already printed anent the conveening a generall Assembly which are now more strong in this case seeing the Assembly was already indicted by his Majesties authority did conveen and is fully constitute in all the members thereof according to the word of God and discipline of this Kirke in 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 books of this Assembly which accordingly was done Secondly for the reasons contained in the former Protestations made in name of the Noblemen Barons Burgesses Ministers and Commons wherunto we did then iudicially and doe now actually adhere as also unto the Confession of Faith and Covenant subscribed and sworn by the body of this Kingdome Thirdly because as we are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by us so the Kings Maiestie and his Commissioner and privie Councell have urged many of this Kingdome to subscribe the Confession of Faith made in anno 1580. and 1590. And so to returne to the doctrine and discipline of this Kirke as it was then professed but it is cleare by the doctrine and discipline of this Kirk that it was most unlawfull in the selfe and preiudiciall to these priviledges which Christ in his word hath left to his Kirke to dissolve or breake up the Assembly of this Kirke or to stop and stay their proceedings in constitution of Acts for the well-farre of the Kirke or execution of discipline against offenders and so to make it appeare that Religion and Kirke government should depend absolutely upon the pleasure of the Prince Fourthly because there is no ground of pretence either by Act of Assembly or Parliament or any preceding practice whereby the Kings Maiesty may dissolve the generall Assembly of the Kirke of Scotland farre lesse his Maiesties Commissioner who by his commission hath power to indict and keepe it secundum legem praxim but upon the contrary his Maiesties prerogative Royall is declared by Act of Parliament to be no wayes prejudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers and meetings of this Kirke which are most frequently ratified in Parliaments and especially in the last Parliament holden by his Maiestie himselfe which priviledges and liberties of the Kirk his Maiestie will never diminish or infringe being bound to maintaine the same in integrity by solemne oath given at his Royall coronation in this Kingdome Fifthly the Assemblies of this Kirke have still enjoyed this freedome of uninterrupted sitting without or notstanding 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 Maiestie his Commissioner and Councell to stay their proces against M. Robert Montgomerie pretended Bishop of Glasgow Or otherwaies to dissolve and rise did notwithstanding shew their liberty and freedome by continuing and sitting still and without any stay going on in that proces against the said M. Robert to the finall end thereof and thereafter by letter to his Majestie did shew clearly how farre his Majesty had been mis-informed and upon mis-information prejudged the prerogative of Jesus Christ and the liberties of this Kirke and did enact and ordaine that none should procure any such warrant or charge under the paine of excommunication Sixthly because now to dissolve after so many supplications and complaints after so many reiterated promises after our long attendance and expectation after so many references of processes from Presbyteries after the publike indiction of the Assembly and the solemne Fast appointed for the same and after frequent convention and formall constitution of the Assembly in all the members thereof and seven daies 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 Kirke and Kingdome multiply the combustions of this Kirk and make every man despaire hereafter ever to see Religion established innovations removed the