occasioning their celestiall Covenant as they called it were so highly extolled by their Preachers that they assured their Auditors that their memorials should be eternall whom before they had called the scumme of the people and the base Multitude and that all succeeding generations should call them blessed These high flowne speeches and many others of the like extravagant straine both in the Pulpits and out of them immediately after the first tumult and ever since have beene bestowed and that not sparingly upon that multitude which not long before they called base and rascall But no wonder for many of the better sort having succeeded that multitude in the same madnesse they must needs now give them new high and Heroicall titles such as they would have given to themselves now acting their parts for now their owne actions come next upon the Stage to bee viewed and judged All businesses now for a time seemed to be hushed and calmed by reason of the long vacation which in that Kingdome beginneth alwayes on Lammas day and the Harvest which drew all sorts of people from Edinburgh except the Citizens so that little or nothing was done betweene the last of July and first of October save that some Ministers petitioned the Lords of Our Councell for suspending the Letters whereby they were charged to receive the Service Book and that they of Edinburgh begun a little by the instigation of their two silenced Ministers to relent of their former forwardnesse for receiving the said Booke and to repent themselves of their too eager condemning the raisers of the first insurrection and presented to Our Councell on the 26. of September a Petition humbly desiring not to bee pressed with the Service Booke notwithstanding all their former undertakings but to be continued in the same case with all the rest of the Kingdome untill Our pleasure were further knowne which Petition as they alledged they were necessitated to present by the example and encouragement of all ranks from all parts of the Kingdome But so soone as Harvest was done the conflux of all sorts of Our subjects Nobilitie Gentrie Ministers and Burgesses from all parts of that Kingdome came to be so great at Edinburgh and after such a tumultuous maner as that a present Insurrection was justly feared which forced Our Councell assembled then at Edinburgh upon the day before appointed by them viz. the xvij of October 1637. to make three Proclamations The first to give notice that on that day nothing should bee treated of at the Councell Table concerning Church businesse untill the Lords might see the times and meetings of his Majesties subjects more quiet and peaceable and therefore commanded all who were come thither about any such businesse peaceably to repaire to their owne homes within foure and twentie houres under the paines expressed in the said Proclamation A second for removing the Session which is here in England called the Terme from Edinburgh to Lithcow for feare of present danger if this great concourse of people should not some way be diverted and divided especially considering that those of Edinburgh were now apparently perverted and become very evill affected to Our and Our Councels courses of peace and quietnesse A third for bringing in and burning a certaine seditious Booke newly dispersed amongst our subjects there tending to sedition and the disgrace of Our Ecclesiasticall Government here in England The three Proclamations are here inserted Apud Edinburgh 17. Octob. 1637. FOrasmuch as it hath pleased the Kings Majestie upon divers good respects and considerations to give warrant and direction to the Lords of his Majesties Privie Councell for dissolving the meeting of this Councell day in so farre as concerneth matters of the Church And that everie one that hath come to attend this businesse repaire to their owne dwellings except such persons as shall make knowne to the said Lords of Councell just cause of stay for their particular affaires Therefore the said Lords according to his Majesties speciall warrant and direction sent unto them have dissolved and by the tenour hereof doe dissolve the meeting of this Councell day in so farre as concernes the businesse above written And ordaines a Maissar of Councell to passe to the Mercate Crosse of Edinburgh and to make publication hereof And to command everie one that hath come hither to attend this businesse to repaire home to their owne dwellings within 24. houres after the publication hereof except such persons as shall make knowne to the said Lords just cause of their further particular affaires in manner aforesaid under the paine of Rebellion and putting them off to the Horne with certification to them that if they faile they shall be denounced Rebels and put to the Horn and all their moveable goods escheat to his Majesties use Apud Edinburgh 17. Octob. 1637. FOrasmuch as it hath pleased the Kings Majestie upon divers great and good considerations knowne to his Majestie to remove his Councell and Session from the Citie of Edinburgh to the Burgh of Dundie And whereas it is inconvenient at this time to remove it so farre his Majestie is graciously pleased that this next Session shall be holden at the Burgh of Linlithgow and the next after the ordinarie vacants at the Burgh of Dundie And there to remaine during his Majesties pleasure And therefore the said Lords according to his Majesties speciall direction ordaines Maissars or Officers of Armes to passe and make publication hereof to all his Majesties good subjects by open Proclamation at all places needfull whereby they can pretend no ignorance thereof but may prepare themselves to attend at Linlithgow and Dundie accordingly Apud Edinburgh Octob. 17. 1637. FOrasmuch as the Kings Majestie is credibly informed that there is a certaine booke intituled A Dispute against the English Popish Ceremonies obtruded upon the Kirke of Scotland and hath beene sent abroad and dispersed in this Kingdome purposely to stirre the hearts and affections of the subjects from their due obedience and allegeance And therefore it hath pleased his Majestie to give order and direction to his Councell that diligent inquirie and search be made for the said booke And for this effect the said Lords ordaines letters to be directed to make intimation and publication to all his Majesties subjects that such of them as have anie of the said bookes bring in the same to the Lords of his Majesties Privie Councell betwixt the date of this Proclamation and the day of And the said bookes being brought in that the same be publikely burnt certifying all his Majesties subjects if any of those bookes shall be found or knowne to have beene with any of them after the time aforesaid that they shall incurre the like censure and punishment as the Authour may be found to deserve for any thing contained in that booke ANd whether Wee and Our Councell were not justly necessitated to these Proclamations and whether it were not high time to require obedience to them though none was yeelded let
the application therof alreadie sworn by us for the Reasons above expressed And because as we did in our former Protestation appeale from the Lords of his Majesties Councell so do we now by these renew our solemne appeale with all solemnities requisite unto the next free Generall Assemblie and Parliament as the onely supreme nationall Judicatories competent to judge of nationall causes and proceedings Sixthly We protest That no subscription whether by the Lords of Councell or others of the Confession mentioned in the Proclamation and enjoyned for the maintenance of Religion as it is now already or at this present time established and professed within this Kingdome without any innovation of Religion or Law be any manner of way prejudiciall to our Covenant wherein we have sworne to forbeare the practice of Novations alreadie introduced c. till they be tried in a free Assemblie And to labour by all lawfull meanes to recover the puritie and libertie of the Gospel as it was established and professed before the foresaid Innovations And in like manner that no subscription foresaid be any derogation to the true and sound meaning of our worthie predecessours at the time of their subscription in the year 1581. and afterward Withall warning and exhorting all men who lay to heart the cause of Religion against the corruptions of the time the present estate of things both to subscribe the Covenant as it hath bin explained and necessarily applied and as they love the puritie and libertie of the Gospel to hold back their hands from all other Covenants till the Assembly now indicted be conveened and determine the present differences and divisions and preserve this country from contrarie oathes Seventhly As his Majesties royall clemencie appeareth in forgiving and forgetting what his Majestie conceiveth to be a disorder or done amisse in the proceeding of any so are we very confident of his Majesties approbation to the integrity of our hearts and peaceablenesse of our wayes and actions all this time past And therfore We protest that we still adhere to our former complaints protestations lawfull meetings proceedings mutuall defences c. All which as they have been in themselves lawfull so were they to us pressed with so many grievances in his Majesties absence from this native kingdome most necessary and ought to be regarded as good offices and pertinent duties of faithfull Christians loyall subjects and sensible members of this Kirk and Commonwealth as we trust at all occasions to make manifest to all good men especially to his sacred Majestie for whose long and prosperous government that we may live a peaceable and quiet life in all godlinesse and honestie We earnestly pray WHereupon a noble Earle James Earle of Montrose c. in name of the Noblemen M. Alexander Gibson younger of Durie in name of the Barons George Porterfield Merchant Burgesse of Glasgow in name of the Burrowes M. Harie Rollock Minister at Edinburgh in name of the Ministers and M. Archbald Johnston Reader hereof in name of all who adhere to the Confession of Faith and Covenant lately renewed within this Kingdome tooke instruments in the hands of three Notars present at the said Mercate Crosse of Edinburgh being invironed with great numbers of the foresaid Noblemen Barons Gentlemen Burrows Ministers and Commons before many hundred witnesses and craved the extract thereof And in token of their dutifull respect to his Majestie confidence of the equitie of their cause and innocencie of their carriage and hope of his Majesties gracious acceptance they offered in all humilitie with submisse reverence a copie thereof to the Herauld ANd now for triall of what Wee have said the Reader may reflect upon these particulars Not farre from the beginning they averre that they did confidently expect from Us a free Generall Assemblie and Parliament to be indicted and that Our Commissioner promised to recommend unto Us this their suit for a free Generall Assemblie without prelimitation either in the constitution and members thereof in the order and manner of proceeding or in the matters to bee treated of and do insinuate as if Wee had not given order for any such Assemblie in Our Declaration which everie Reader looking upon Our Declaration may see to be most untrue for in it We give warrant to Our Commissioner to indict a free Generall Assemblie nor is there there either mention or meaning of any prelimitation though they themselves did use verie many some whereof you have heard alreadie and shall heare of more hereafter Afterwards they quarrell with Our Declaration for ascribing all the late distractions of this Church and Common-wealth to their conceived feares of the Innovation of Religion and Lawes and not to the Innovations themselves No doubt a great crime that We will not acknowledge that the Service Book which was penned at first by those who laid downe their lives in opposition to Poperie is an introduction to Poperie and We do professe that We did discharge that Book onely to remove their feares and doubts and ease their pretended grievances nor can Wee condemne that Book without condemning the Service Book of England for the Covenanters arguments strike alike at both Then immediatly after They take it ill that though We have discharged the practice of these pretended Innovations and voided all Acts made for the establishing of them yet We have not rescinded Our former Proclamations at Sterling and Edinburgh As if nothing could content them unlesse Wee should disgrace Our owne Proclamations which did not any way establish or authorize the things complained of nay more unlesse We will call back Our own words which cannot be interpreted to any such sense as they would force upon them they would make Our people beleeve that the libertie of the generall Assemblie is prejudged in a suspicious undutifull and dangerous phrase tell them That they do not consider with whom they are dealing as if no trust were to be given to Us Next they quarrell with Our discharging of the practice of the Articles of Perth but not the Articles themselves which are established by acts both of Parliament and Generall Assemblie and yet Wee dare say that they would hold it for a strange position if We should use Our Prerogative to the disanulling of any thing established by these two Judicatories nay if We and the Parliament joyntly should as the world goeth now offer to disanull any act of their Generall Assemblie so glad they are to quarrell with Our Declaration that in their eagernesse they destroy their owne grounds Their next cavill if it were possible is as senslesse as the former whereby they averre that Our naming of Bishops in Our Proclamation for the indiction of the Assemblie is a prelimitation of it because thereby We take it as granted that the office of a Bishop is unquestionably an office in that Church and Kingdome and this they call a great prelimitation put upon the Assemblie but with what shew of consequence We cannot possibly conceive
none of these things were so yet Wee would be satisfied in this point Whether Our refusing of the intrusion of lay-Elders and the extrusion of Episcopall government can bee to the conscience of any man a sufficient warrant or ground for his taking armes against his lawfull King and Soveraigne for now their very Leaders acknowledging that We have given them satisfaction in the rest make these two the onely ground of all their armes And Wee appeale to the consciences of most of Our subjects Covenanters if when they entered into that Covenant at the first they did ever imagine that they should be perswaded to take armes against Us for these two points of lay-Elders and Episcopall government if they should receive satisfaction from Us in their other grievances and feared innovations as We have before declared Wee are confident that no such matter was then within the compasse of their thoughts We then having fully removed those pretended feares which occasioned their Covenant Wee cannot but hope that Our seduced subjects will returne to their former obedience but for their seducers Wee know that some of them from the very first were resolved never to receive any satisfaction This grand imposture and calumnie with the other three being removed We will now declare fully and freely to all Our subjects of Our three Kingdomes and to all forrainers besides the true and onely causes which doe inforce Us at this time to use force for the repressing of the insolencies of such of Our subjects in that Kingdome as shall stand out against Us first protesting that none of the causes before mentioned suggested by their Leaders have settled in Us this resolution but onely these causes which now follow First We will never endure that any of Our subjects nay that all Our subjects if they could possibly bee all of one mind out of Parliament shall ever abolish or destroy any Act of Parliament especially not Noblemen and others assembled in an Ecclesiasticall Assembly for to hold that any Assembly of subjects out of Parliament or in Parliament without Our consent may abolish any Act of Parliament destroyeth the very foundation of government and justice in all Monarchies and the doing of it by Ecclesiasticall persons in their Councells and Synods hath been the cause of infinite calamities and miserable wars and devastation of Kingdomes in the Christian World since the Pope and his Conclave did usurp that unlawfull and unlimited power which being in that Our Kingdome in all these late troubles practised against the expresse lawes of the same Wee are resolved to punish unlesse the offenders betake themselves to Our mercie Secondly We are resolved not to endure that any of Our subjects without Our consent and the consent of the Parliament shall destroy any of the three Estates of Parliament which they in their late pretended Assembly have gone about to doe Thirdly We are resolved not to endure that any generall Assembly shall be called but by Our indiction according to an expresse Act of Parliament in that case provided or that it shall continue after that Wee by Our authority have dissolved it and are resolved to punish them who shall doe so as Our Royall Father punished those who did the like at Aberdene Fourthly We are resolved to punish those who have imposed taxes upon Our subjects levied men or armes raised any fortifications in that Our Kingdome without Our leave and first blocked up and then taken Our Castles and Forts and by violence dispossessed Our loyall subjects of their houses and castles detaining them by force for all these by the expresse Lawes of that Our Kingdome are acts of treason and rebellion Fifthly We are resolved not to endure that the Protestations of subjects against Us Our Councell Our Judges and Lawes shall discharge the obedience of the protesters unto these Lawes unlesse they be admitted before the competent Judges and legally discussed before them the contrarie whereof hath been practised by the Covenanters all the time of these tumults Sixthly We are resolved not to endure that Our subjects shall enter into any covenant or band of mutuall defence without Our leave asked and obtained it being expresly forbidden by divers Acts of Parliament of that Our Kingdome for this hath been and still is the ground of all this Rebellion Seventhly and principally We are resolved not to endure that any of Our subjects under the name of a Table or Committees of the generall Assembly or under any other name title or pretence whatsoever shall sit without Our consent and authoritie and order businesse of the Church and Kingdome at their pleasure and if they shall be called in question for the same by Us Our Councell or Judges shall appeale from Us and them and refuse to be judged by either alledging that they will be judged by none but by the generall Assembly which is Christs owne immediate Councell and therefore hath no dependencie from or subordination either to Our Councell or Judges or Our Parliament which is the Councell of Our Kingdome and so that both Church-men and lay-men under Ecclesiasticall names shall exempt themselves from the authoritie of Us and Our Lawes and the Assembly it selfe shall hold the members of it free from being judged in all matters of Assembly by any but by it selfe which by the Lawes of that Our Kingdome is treason as appeareth by the Act cyted in the bodie of this narration Now all this hath been practised and is practised by those which call themselves of the Table From all which We hope it is evident that the offences which We resolve to punish in some of Our subjects doe not concerne Religion So that the question is not Whether there shall be a Service Booke Booke of Canons high Commission nay nor whether there shall be no lay-Elders in Assemblies or no Episcopall government though We are resolved to reject the one and retaine the other But the question indeed is neither more nor lesse then this Whether We and Our Successours shall be any more Kings of that Kingdome for if these traiterous positions shall bee maintained and made good by force of armes then We and Our Successours can bee no more Kings there Our Parliament Councell and Judges have no more authoritie there So that unlesse We will give over to be King and so betray and desert that charge wherewith God hath intrusted Us We must use that power which God hath put in Our hands and by faire just and legall waies to Our great griefe force them to obedience These are the true reasons which have forced Us to undertake this journey and to make use of the armes and aide of Our loyall subjects here for the securitie of this Kingdome and safeguard of Our person as likewise of the armes and aide of Our subjects of that Kingdome for the same purposes And here first We call God to witnesse what an unwelcome journey this is unto Us and how unwillingly We doe undertake it Secondly We
that companie which attended Our Commissioner from Dalkeith but stayed for him on the way in a farre grosser bodie by themselves was assembled to doe honour to Our Commissioner or for shewing their owne power and strength by way of comparison with the companie whom they met which they farre exceeded Wee will not determine But thus Our Commissioner was conducted to Our Palace of Holy-rood-house where he was received by the Lord Provost Bailiffes Magistrates and citizens of Edinburgh with outward demonstrations of being welcome And this was all the entertainment which at any time he had from the body of the Covenanters during the time of his abode in that Kingdome which whether it were hearty and sincere or but onely in show and to shew their owne power Wee leave it to be judged by the entertainment and respect which afterward he received from them which will be found to bee just none at all For during the time of his continuance amongst them though he found that they gave civill respects to him as Marquesse of Hamiltoun yet his being cloathed with Our authoritie and commission did much diminish them as shall appeare now in the next place by those perpetuall affronts which they ceased not to offer daily to him and Our Councell in all their proceedings concerning the businesse for which he was sent Our Commissioner now being settled at Our palace with the assistance of Our Councell hee fell presently upon the maine businesse with the Covenanters whom hee desired to dismisse their great multitudes which they did being indeed necessitated thereunto for the ease of their great charge The two maine Propositions which hee offered to their consideration were these First what they should expect from him in Our name for satisfaction to their complaints and accommodating their grievances Next what might be expected from them for returning to their former obedience especially in renouncing and delivering up their late Covenant Both which propositions they did receive with so much sleighting and contempt as that they avowed no satisfaction from Us should be accepted which contained any particulars but that they expected first a Generall Assembly of the Church and then a Parliament that in these two Judicatories they would represent and discusse their grievances And no wonder for in both these they knew that themselves were to be both Judges and parties For the second they answered that they could not returne to their former obedience from which they would never acknowledge that they had departed in the least degree having done no act but that which became good and dutifull subjects And for their Covenant that they would rather renounce their Baptisme then renounce it or abate one word or syllable of the literall rigour of it it being more availeable and usefull unto them then all the Lawes and Acts of Parliament which had beene enacted in that Kingdome since the time of Fergus the first King thereof And that it was a proposition which though they had now heard they were resolved never to heare a second time And accordingly after Our propositions thus made and rejected they presently filled the people with such misreports of the intentions and ends of Our Commissioners comming as they wrought them to a greater height of furie then before as if now their Religion and Lawes were brought to the stake For now new Guards were clapt upon Our castle of Edinburgh the Guards and Watches of the citie multiplied the Preachers Prayers and Sermons grew to be so many Libells and admonitions that they should take heed of craftie compositions or yeelding in the least point of their intended reformation for if they should abate in any one thing it would be thought that they might be mistaken in all They presently printed their weake Reasons against their rendring up of their Covenant nay they grew to that rage that on the Saturday having knowledge that Our Commissioner attended with Our Councell was to heare divine Service and Sermon in Our owne chappell at Our owne palace the day following being Sunday they sent him word that whosoever should read the English Service in Our chappell should never read more and that there were a thousand men provided for the disturbance of it which forced Our Commissioner that night to repaire to Dalkeith being unwilling to heare Sermon but in Our owne chappell or there without hearing the English Divine Service it having beene continually read there by the space of twentie yeares in the audience of Our Councell manie of the Nobilitie Judges and persons of all qualitie without any interruption or dislike Nay more they grew to that boldnesse as to write letters to everie one of Our Councell requiring them to subscribe their Covenant which Letter sent to everie one of them severally but in the same words here followeth May it please your Lordship WEe the Ministers of the Gospel conveened at this so necessarie a time doe finde our selves bound to represent as unto all so in speciall unto your Lordship what comfortable experience we have of the wonderfull favour of God upon the renewing of the Confession of faith and Covenant what peace and comfort hath filled the hearts of all Gods people what resolutions and beginnings of reformation of manners are sensibly perceived in all parts of the kingdome above any measure that ever we did finde or could have expected how great glorie the Lord hath received thereby and what confidence we have if this sunshine be not eclipsed by some sinfull division or defection that God shall make this a blessed kingdome to the contentment of the Kings Majestie and joy of all his good subjects according as God hath promised in his good Word and performed to his people in former times And therefore we are forced from our hearts both to wish and entreat your Lordship to be partaker and promover of this joy and happinesse by your subscription when your Lordship shall thinke it convenient And in the meane while that your Lordship would not be sparing to give a free testimonie to the truth as a timely and necessarie expression of your tender affection to the cause of Christ now calling for helpe at your hands your Lordships profession of the true Religion as it was reformed in this land the nationall oath of this kingdome sundry times sworne and subscribed ablishing us who live at this time the dutie of a good Patriot the office and trust of a Privie Councellour the present employment to have place amongst those that are first acquainted with his Majesties pleasure the consideration that there is the time of tryall of your Lordships affection to Religion the respect which your Lordship hath unto your fame both now and hereafter when things shall be recorded to posteritie and the remembrance that not onely the eyes of men and Angels are upon your Lordships carriage but also that the Lord Jesus is a secret witnesse now to observe and shall be an open Judge hereafter to reward and confesse everie
man before his Father that confesseth him before men All of these and each of them besides your Lordships personall and particular obligations to God doe call for no lesse at your Lordships hands in the cause of so great and singular necessitie and we also doe expect so much at this time according as your Lordship at the houre of death would be free of the terrour of God and be refreshed with the comfortable remembrance of a word spoken in season for Christ Jesus King of Kings and Lord of Lords OUr Commissioner in the meane time resolved to publish Our gracious Declaration for relieving of their grievances and satisfying Our people in Our forwardnesse for the maintenance of the Religion professed in that Kingdome and Our aversnesse from Poperie which they of the Covenanters Table having notice of being above all things afraid that Our people should receive any satisfaction from Us or rest contented with the grace of Our reasonable proffers of favour did mightily repine at came to Our Commissioner and wished him for Our honour his owne safetie and peace of the publike not to make any such Declaration which undoubtedly would be encountred with a Protestation and that in such manner as would be displeasing to him and make the publishing of that Declaration be found disserviceable unto Us. Our Commissioner being perplexed with these unexpected and dangerous difficulties resolved by faire proceedings to gaine so much time untill he might make Us acquainted with them and receive Our answer and instructions concerning them In his Letters of advice he acquainted Us with the danger threatned if he should publish Our Declaration which though he knew to be full of grace yet the heads of the Covenant would never suffer the multitude of their members to understand it so Two things he desired of Us One that in case Wee continued in Our resolution of publishing Our Declaration Wee would be pleased to sweeten it with this further favour as to restore to the citie of Edinburgh the sitting of Our Councell Our Session and all other Courts of Justice which he conceived would be very acceptable to Our Councellors Judges to all Advocates and all dependents upon the Law to all Our subjects which had businesse depending in any of these Courts but most of all to the citie of Edinburgh which complained much of their being impoverished by absence of these Courts and that this was like to prove a most probable perswasion for reclaiming them to their former obedience Next that We would be pleased to give him leave to take a journy unto Us though he should returne presently that he might acquaint Us with the new emergencies of businesses and such other things as could not be conveniently expressed in Letters and so accordingly receive instructions from Us for his carriage To which Letters of advice Wee did returne by a speedie dispatch this answer That We would have Our Declaration no longer delayed but commanded him presently to publish it because Wee would not whatsoever the event should be have Our people barred the knowledge of Our Gracious intentions and favours towards them which We did see the leaders of them studied nothing more then to suppresse And that at his intreatie Wee were contented that all the Courts of Justice should presently begin to sit againe at Edinburgh for the reasons contained in his Letters and in hope of reclaiming of that Citie which otherwise by their misdemeanour had no reason to expect any such favour from Us And withall after the dispatch of these two that Wee were contented hee should repaire to Us as hee desired whensoever hee should finde it convenient taking first order with Our Councell for keeping all things in order untill his returne This answer of Ours so soone as Our Commissioner received he assembled Our Councell and made them acquainted with it who were so well satisfied with the bringing back of Our Courts of Justice to Edinburgh that presently they sent unto Us a Letter of thanks of this tenour Most Sacred Soveraigne THe Marquesse of Hamiltoun your Majesties Commissioner having imparted unto us your Majesties gracious pleasure and allowance that the Judicatories of the Councell of Session and others should be returned to the Citie of Edinburgh Thereupon the Lord Commissioner being present order was given for publication at the Market Crosse of Edinburgh with all solemnities requisite and that the like publication should be made throughout the whole Kingdome at all publike places This hath given so great contentment to all your Majesties subjects that we cannot expresse with what dutifull respect and heartie prayers for your Majestie they have embraced this great and undeserved favour In consideration whereof wee conceive our selves bound in dutie to acquaint your Majestie herewith and withall to render to your Majestie most humble and heartie thanks for this so great grace and goodnesse which wee hope shall contribute to the good of your Majesties service and to establishing the peace of the Countrie for the which we all your Majesties good subjects shall ever bee most thankfull and all in dutie bound to pray for your Majesties long and happie Reigne Holy-rood-house July 2. 1638. Subscribitur Traquaire Roxbrugh Mar Morton Winton Lithgow Wigtonne Kingorne Hadinton Lauderdaile Kinoul Southesk Lorne Naper Dalyell Ihay Ja Carmithaell Thomas Hop John Hammilton ANd accordingly Our Commissioner caused Proclamation to be made at the Crosse of Edinburgh for the first sitting downe of the Session there the Tuesday following being the third of July 1638. which was received with such joy by the Judges Advocates and all others having relation to the Colledge of Justice but above all by the Magistrates and Citizens of Edinburgh that Our Commissioner and Councell did then well hope all mens minds had beene well prepared to receive the Declaration of Our Grace and favour which was to bee published in the next Proclamation with an humble and thankfull acknowledgment which undoubtedly they had done if they had not beene not onely diverted but perverted by those men who interpreted every satisfaction of Our subjects received from Us to be a dividing and pulling them away from themselves And therefore they quickly cast about to finde out some meanes how this Our speciall favour might not be resented by them which was this They assured their followers that there were two of the Lords of Our Session viz. Sir Robert Spotswood President of the same and Sir John Hay Our Clerk of Register answerable to the Master of the Rolles here in England sworne enemies to their Covenant well affected to Episcopall government procurers and abettors of the pretended Innovations that unlesse these two were presently removed from Our Session there could be no good intended to them by the bringing of it back to Edinburgh and therefore advised them to send some of their number to Our Commissioner to desire that these two Our Judges might presently bee removed from that Court Not that they who put this in their
and estate against whatsoever Jesuites and Seminarie or Masse-priests condemned enemies to God and his Majestie to their utter wracke and exterminion according to the power granted to us by his Majesties proclamation and acts of Parliament To try search and seeke out all excommunicates practisers and others Papists whatsoever within our bounds and shire where we keepe residence and dilate them to his Highnesse and his privie Councell and conforme us to such directions as from time to time we shall receive from his Majestie and his Councell in their behalfes And specially so many of us as presently are or hereafter shall be appointed Commissioners in every shire shall follow pursue and travaile by all meanes possible to take and apprehend all such Papists Apostates and excommunicates as we shall receive in writ from his Majesty And we the remanent within that shire shall concurre and assist with the saids Commissioners with our whole friends and forces to that effect without respect of any person whatsoever And generally to assist in the meane time and defend every one of us another in all and whatsoever quarrels actions debates moved or to be moved against us or any of us upon action of the present Band or other causes depending thereupon And effauldly joine in defence and pursuit against whatsoever shall offer or intend any injury or revenge against any one of them for the premises making his cause and part that is pursued all our parts Notwithstanding whatsoever privie grudge or displeasure standing betwixt any of us which shall be no impediment or hinder to our said effauld joyning in the said common cause but to lye over and be misknown till they be orderly removed and taken away by the order under-specified To the which time we for the better furtherance of the said cause and service have assured and by the tenour hereof every one of us taking the burden upon us for our selves and all that we may let assure each other to be unhurt unharmed or any wayes to be invaded by us or any our foresaids for old feid or new otherwise then by ordinary course of law and justice neither shall we nor any of our foresaids make any provocation or tumult trouble or displeasure to others in any sort as we shall answer to God and upon our Honours and fidelitie to his Majestie And for our further and more heartie union in this service we are content and consent that all whatsoever our feids and variances fallen or that may fall out betwixt us be within fortie dayes after the date hereof amicably referred and submitted to seven or five indifferent friends chosen by his Majestie of our whole number and by their moderation and arbitrement componed and taken away And finally that we shall neither directly nor indirectly separate nor with-draw us from the union and fellowship of the remanent by whatsoever suggestion or private advice or by whatsoever incident regard or stay such resolution as by common deliberation shall be taken in the premises as we shall answer to God upon our consciences and to the world upon our truth and honours under the pain to be esteemed traitours to God and his Majestie and to have lost all honour credit and estimation in time comming In witnesse whereof by his Majesties speciall command allowance and protection promised to us therein We have subscribed these presents with our hands At 1589. We JAMES Marquesse of Hamiltoun Earle of Arran and Cambridge Lord Even and Evendail his Majesties High Commissioner and Lords of his Majesties Privie Councel undersubscribing by vertue and conform to a warrant and command signed by his sacred Majesty of the date of Sept. 9. 1638. and registrate in the bookes of Councell upon the 22. day of the said month Swear and with our hearts and humble and true affections to Gods truth and to his sacred Majesty subscribe the Confession of faith of according to the date and tenour above specified and also renew swear and subscribe the foresaid general Band of the tenor abovewritten for preservation of the true Religion and maintenance of his sacred Majesties authoritie according to the tenor thereof and siclike as amply as the same was conceived in favours of his Majesties umwhile blessed Father of eternall memorie by the said Band. In witnesse wherof we have subscribed these presents with our hands At Holy-rood-house Septemb. 22. 1638. Sic subscribitur HAMILTOUN Traquair Roxburgh Mairsheall Mar Murray Linlithgow Perth Wigtoun Kingorne Tullibardin Hadingtoun Annandaill Lauderdaill Kinnoull Dumfreis Southesk Belheaven Angus Lorn Elphinstoun Naper Dalyell Amont J. Hay S. Thomas Hope S.W. Elphinstoun Ja. Carmichael J. Hamiltoun Blackhall AT the same time was a proclamation made for the indiction of the generall Assembly which was this At Holy-rood-house the 22. day of September 1638. FOrsomuch as it hath pleased the Kings Majestie out of his pious and religious disposition to the true Religion and out of his fatherly care for removing of all feares doubts and scruples which may arise in the mindes of his subjects for preservation of the puritie thereof and upon divers great and weightie considerations importing the glory of God the peace of the Kirke and Common-weale of this kingdome to appoint and give order that a free generall Assembly be indicted kept and holden at the Citie of Glasgow the 21. of November next Therefore the Lords of secret Councell ordaines letters to be direct charging Maissars and Officers of Armes to passe and make publication hereof by open Proclamation at the Market Crosse of Edinburgh and the head Burrowes of this Kingdome and other places needfull And to warne all and sundry Archbishops Bishops Commissioners of Kirkes and others having place and vote in the Assembly to repaire and addresse to the said Citie of Glasgow the said one and twentieth day of November next to come and to attend the said Assembly induring the time thereof and aye and while the same be dissolved and to doe and performe all which to their charges in such cases appertaineth as they will answer to the contrarie at their highest perill IMmediately after that this Proclamation was made for the indiction of the Parliament At Holy-rood-house the 22. day of September 1638. FOrsomuch as it hath pleased his Majestie out of his pious and religious disposition to the true Religion and out of his fatherly care for removing of all feares doubts and scruples which may arise in the mindes of his subjects for preservation of the puritie thereof and upon divers other great and weighty causes importing the glory of God the peace of the Kirk and Common-weale of this Kingdome to appoint and give order that the Soveraigne and High Court of Parliament shall be holden at the Citie of Edinburgh upon the 15. day of May next to come with continuation of dayes Therefore the Lords of secret Councell ordain letters to be direct to Maissars and officers of Arms charging them to passe to the market Crosse of Edinburgh
and hopes for so much as was not as yet granted All these made us confidently to expect from his Majestes Royall and compassioned disposition towards this his native Kingdome that a free Generall Assembly and Parliament should have beene indicted as the ordinary and most proper remedies of our grievances and did constraine us to renew our petition earnestly intreating that his Majesties Commissioner would be pleased to represent unto his Majesty the condition of this Kirk and Kingdome crying in an extreme exigencie for present helpe with the lawfulnesse of the remedies prescribed by his Majesties Lawes required by us and presented to him in some particular Articles which his Grace promised to recommend to his Majestie and to doe his best endeavours for obtaining the same especially the first Article that there might be indicted a full and free Generall Assembly without prelimitation either in the constitution and members thereof in the order and manner of proceeding or in the matters to be treated And if there should be any question or doubt about one of these or such like particulars that the determination thereof might be remitted to the Assembly it selfe as the only proper and competent judge And now after so many supplications complaints articles and informations after our necessary protestation expressing the humble thankfulnesse and continued desires of our hearts after so long expectation and so much dealing having with open eares and attentive minds heard his Majesties Proclamation it is our desire purpose and endevour so to proceed that we may upon the one part still be thankfull to God and the King for the least blinke of his Majesties countenance and the smallest crums of comfort that fall unto us from his Majesties Royall hands beseeching the Lord yet further to enlarge his Majesties heart for our full satisfaction and rejoycing to the honour of God the good of this Kirk and Kingdome and his Majesties never dying fame and glory that his wise government and zeale to the service of God may be a measure and pattern of desires to all generations hereafter when they shall be wishing for a religious and righteous King And on the other part that Christ our Lord the King of Kings through our neglect or luke-warmnesse may want no part of his Soveraignty and Dominion and that in our Religion which is more dear unto us then our lives we deceive not our selves with that which cannot satisfie and make up the breach of this Kirke and Kingdome or remove our feares doubts and suspicions of the innovations of Religion This hath made us to observe and perceive that his Majesties Proclamation doth ascribe all the late distractions of this Kirke and Common-wealth to our conceived feares of the innovation of Religion and Law as the cause and occasion thereof and not to the innovations themselves with which we have beene for a long time and especially of late heavily pressed and grieved as if the cause were rather in apprehension and fancie then in reality and substance That the Service book and booke of Canons are not so far discharged by this Proclamation as they have beene urged by preceding Proclamations for this Proclamation onely dischargeth the practice of them and rescinds the Acts made for establishing their practice but doth not rescind the former Proclamations namely that of the 19. of February at Stirling and that of the fourth of July at Edinburgh which give an high approbation to these Books as fit meanes to maintaine Religion and to beat down all superstition and withall declares his Majesties purpose to bring them into this Kirk in a faire and legall way And thus both our feares that they may be introduced hereafter must still remaine and the libertie of the Generall Assembly by such a Declaration of his Majesties judgement is not a little prejudged in the minds of so many as wisely consider and compare the preceding Proclamations with this which we now heare although others who looking upon one step and not upon the whole progresse run on rashly and neither considering what they are doing nor with whom they are dealing may be easily deceived Qui pauca videt citò judicat a short sight maketh a sudden judgement That it is declared in this Proclamation That his Majesty neither intendeth to innovate any thing in Religion or Lawes or to admit of any change or alteration in the true Religion already established and professed in this Kingdome and withall this is interposed That the articles of Pearth are established by the acts of Parliament and generall Assembly and dispensation of the practice only granted and discharge given that no person be urged with the practice thereof and consequently his Majesties intention for the standing of the Acts of the Assembly and Parliament appointing the Articles of Pearth is manifest which is no small prejudice to the freedome of the Generall Assembly That while the Proclamation ordaineth all his Majesties subjects to be liable to the triall and censure of the judicatories competent and that none of them shall use any unlimited and unwarranted power likewise that no other oath be administred to Ministers at their entrie then that which is contained in the Act of Parliament in both these Articles the Bishops are meaned who are only thereby for the present curbed against their exorbitancie and enormities in exercing their office but the office of Bishops is thereby not only presupposed as unquestionable but also so strongly established that his Majestie declareth for the present his intention to admit no innovation therein which is more evident by the indiction of the Parliament warning all Prelats to be present as having voice and place in Parliament and by the indiction of the Assembly warning all Archbishops and Bishops for so are their divers degrees and offices Ecclesiasticall here designed and supposed to be present as having place and voyce in the Assembly contrary to the caveats acts of the Kirk and our declinator And thus a third and great limitation is put upon the Generall Assembly The Proclamation by reason of these many reall limitations and prejudices of the liberty of the Assembly in the very points which have wrought so much woe and disturbance in this Kirk and Kingdome and wherein the liberty of the Assembly is most usefull and necessary at this time can neither satifie our grievances and complants nor remove our feares and doubts nor cannot without protestation be admitted by us his Majesties subjects who earnestly desire that Truth and Peace may be established and that for the reasons following 1. TO keepe silence in any thing that may serve for the good of the Kirk whether it be in preaching prayer or in proposing and voyceing in a lwfull Assembly of the Kirke is against the word of God Esai 62.6 Yee that are the Lords remembrancers keepe not silence and give him no rest till he establish and till he make Jerusalem a praise in the earth 1. King 18.21 Like the halting of the
his Majestie had been desirous to have made stop of importation of Ammunition into this Kingdome this time past but it would have been an easie matter for him to have effected but so little hath he regarded this as he hath not so much as taken notice of it And yet it were no strange thing if his Majestie should give direction to cause examine for what end so great store of Ammunition is imported into this Kingdome and a little more narrowly to looke into our actions when by I know not whom there hath been so much notice taken of such Ammunition as his Majestie hath thought fit to send hither For notwithstanding that your Lordsh sayes we are made secure by the hopes of obtaining from his Majestie these remedies that can fully settle this Church and State yet I may say courses are taken to put feares in his Majesties good subjects minds by perswading of them that no such thing is intended This does too too manifestly appeare by the watching and guarding his Majesties Castle and many other courses but of this I will write nothing my intention being only to returne answer of what is writ to me And therefore for your Lordsh satisfaction I shall acquaint his Majestie with the contents of your letters who will no doubt give such directions therein as his good subjects will have no just cause of complaint Whereas you have been pleased to say that you have been assured by me that you should receive no such hard dealing during the time of my imployment let mee desire you to consider this aright and you will find it none for neither was that ship stayed from proceeding in their intended voyage nor any thing taken from them nor needs your Lordsh to doubt that his Majestie will doe any thing except our owne indiscretion provoke him that may make appear to the world that he makes a difference betwixt us of this Nation and his other subjects Bee confident my Lord that my endevours have and doe tend to no other end but to the glory of God the honour of his sacred Majestie and the preserving from ruine this poore distracted Kingdome and that I have and shall labour to prevent all such accidents as may breed the least stop or hinderance of this wished event which I hope and am confident that your Lordsh. and all those noble Lords who have signed this Letter to me will take the same to heart and then certainly you will not be so easily moved with such light and sleight reports Nor will your Lordsh thinke that either you or I can bee wounded by the order and command of so pious mercifull and so clement a Prince as is our dread Soveraigne who hath showne himselfe to be so full of goodnesse as we must of all men living prove the worst if we be not thankfull to God and him for it This my letter your Lordsh will be pleased to communicate to the rest who have writ to me and esteeme of me as Hammilt 24. Sept. 1638. For the Earle of Rothees Your Lordships humble servant Hammiltoun WIth his answer they were so far from being satisfied that to answer this affront as they did interpret it for searching a Ship of that Kingdome at sea they resolved to put a greater affront upon Us by increasing their Guards about Our Castle of Edinburgh In Fyfe they gave order for a Communion throughout their Churches at which they made every one to sweare that they should not subscribe Our Confession and Covenant nor any other but their owne which they swore againe de novo especially to stand to that part of it which concerneth mutuall defence against all persons whomsoever They gave generall order for the Fast to bee kept on the fourth of November being Sunday neglecting the day designed in Our Proclamation which was the Wednesday following and the seventh of that Moneth Our Commissioner seeing these contempts daily to increase and hearing that they had appointed the Communion to bee celebrated at Edinburgh sent for the Provost and Magistrates and inquired of them these particulars First whether at their Communion which was to be celebrated the two next Sundaies following it was intended that the like oath should bee taken with them as had been taken in Fyfe Secondly whether they intended to keep the Fast-day designed by Us in Our Proclamation and according as they had lately since been required to doe by an order sent from Our Councell to them for that purpose Thirdly what order they had taken with those who had the day before reviled and abused Doctor Eliot while he was preaching in the Pulpit That he had sent for them because he had found those few Ministers by whom they were ruled to bee unreasonable men and despisers of Authoritie To the last they promised that they would make a discoverie of the offenders and see them punished which they never did For the first they thought it most unreasonable that any oath should be ministred as it was in Fyfe For the second they thought it most reasonable that Our Fast-day should be kept but before they could give a full answer they must first conferre with their Ministers at their meeting with whom they found that the Ministers had intended that barbarous oath at the Communion and not to keep Our Fast-day more then other Churches in the countrie had done yet the Magistrates did with much perswasions over-rule them in both Our Commissioner did resolve with great solemnitie attended with all Our Councell and Judges to keep that Fast in the great Church of Edinburgh on the day appointed by Us and gave notice thereof to the Magistrates who returned him thanks and assurance of welcome But understanding that they were resolved to discharge the ordinarie Ministers of that Church from preaching there that day onely because they were Non-covenanters and had appointed their places to be supplied with the two onely Covenanting Ministers of their Towne he sent for the Magistrates againe telling them That he could not come to their Church and countenance so great a disorder as the displacing of the two Preachers of that Church onely because they were faithfull subjects to Us nor durst heare these two Preachers designed by them who in their Pulpits did ordinarily inveigh against Us and Our authoritie Unlesse therefore hee might either nominate the Preachers or heare the ordinarie Preachers of that Church he must not come thither The Magistrates did what they could to perswade with their Ministers the one of them was contented with Our Commissioners desire but the other was so obstinate as he would no way hearken to it and him being so powerfull with the people the Magistrates durst not offend and so Our Commissioner with Our Councell and Judges were necessitated to keep Our Fast at another Church hard by Our Palace Now Wee desire the Reader to observe how the Heads of the Covenanters were affraid that any shew of obedience should bee yeelded unto Us by Our
Our Commissioner they expected no satisfaction to their desire for they themselves did know as well as any Judge or Advocate in the Kingdome that no Commissioner either could award or ever had awarded any such processe as they required And therefore they moved Our Commissioner once againe that he would require Our Judges or Lords of Our Session to grant out such processe with which request when Our Commissioner made Our Judges acquainted they returned him that answer which the Covenanters knew verie well they could not chuse but make viz. That they could grant out no processe for the compeerance of any persons before them but those who were impleaded and whose causes were triable before them The truth is Our Commissioner found by inquirie and the Covenanters knew it perfectly well that the ordinarie way of processe or cytation to a Generall Assemblie was to passe it under the hand of the Clerk of the Assemblie whose office is during life if he be not legally removed usually too under the hand of him who was Moderator at the last Generall Assemblie both which were then living and are so still the name of the Clerk of the Assemblie being Master James Sandelands an Advocate and Commissarie of Aberdene and the Moderator of the last Assemblie being the now Archbishop of Saint Andrewes But they who had all this while gone on in disorderly illegall and unjustifiable wayes belike thought it an incongruitie to keep the beaten path and tract of justice in any thing and therefore they fell and resolved upon a way so unlike Justice so repugnant to Religion and common honestie as one would wonder how they hit upon it having neither Law nor practise for it which was this They caused to be drawn up a most false odious and scandalous Libell against the Archbishops and Bishops with a Petition annexed to the Presbyterie of Edinburgh wherein they desired the Libell to bee admitted by them the copie whereof as it was exhibited by them to the said Presbyterie and afterward publikely read in all the Pulpits thereof here followeth which out of Our love to the Christian Religion We wish might never come to the notice of any Pagan and out of Our love to the Religion reformed We wish might never come to the notice of any Papist But it cannot be concealed The Bill or the complaint of the Noblemen Barons Burgesses Ministers and Commons Covenanters which were not Commissionaries to the Assembly against the pretended Archbishops and Bishops within this kingdome as it was presented to the Presbyterie of Edinburgh with an Act of reference of the Bill from the Presbyterie to the next Generall Assembly as it was fully read on the Lords day before noone in all the Churches within the Presbyterie of Edinburgh according to the Act. Noblemen Unto your wisedomes humbly shewes and complaines We John Earle of Sutherland John Earle of Athol William Earle of Dalhousie Mungo Vicount of Stormouth Hugh Lord Montgomerie David Lord Elcho George Lord Forrester Arthur Lord Forbesse John Master of Berridale Robert Lord Boyd David Lord Balcarras John Lord Melvill Barons and Gentlemen Craggemillar Lugtoun Buchanan Young Dury Balgonny Balbirny Master William Hammilton Thomas Cragge of Ricarton John Cowper of Gogar John Hammilton of Boghall David Inglis of Ingliston John Dundas of Newliston Sir William Cockburne of Langton Patrick Cockburne of Clerkinton John Leslie of Newton Colonel Alexander Leslie David Barclay of Onwerme Sir Michael Arnot of Arnot Sir Michael Balfoure of Deanemill John Aiton of Aiton David Beaton of Balfoure John Lundie of Lundie Walter Murray of Liviston Sir John Preston of Ardrie Walter Cornwall of Bonhard William Scot of Ardrosse Robert Forbosse of Ricesse Sir Andrew Murray of Balvarde George Dundasse of Dudistone Sir William Murray of Blebo Master Robert Preston William Dicksone Ministers Master William Scot Minister at Cowper Master George Hammiltoun at Nuburne Master Walter Grog at Balmerino Master Iohn Machgil Parson of Fliske Master Andrew Blackhat at Aberlady Burgesses and Commons George Bruce of Carnock George Potterfield a Burgesse of Glasgow John Smith John Mill Lawrence Henryson Richard Maxwell Burgesses of Edinburgh WE for our selves and in name and behalfe of the rest of the Noblemen Barons Gentlemen Burgesses Ministers and Commons within this Realme of Scotland subscribers of the Covenant who are not chosen Commissioners to the Generall Assemblie but who will assist and insist in this complaint with us as faithfull Christians as loyall subjects and sensible members of this Church and Common-weale having interest to pursue this popular action in a speciall manner and an eminent degree by which pursuit God may bee glorified Christs Kingdome advanced that the Church may bee restored to her priviledges and liberties and freed from manifold scandals from the corrupters of Doctrine with Poperie and Arminianisme of the Sacraments with Superstition and Wil-worship and of the Discipline with tyrannie and from the overthrowers of the peace of this Church and Kingdome by their usurpations and lies their violent humours and falshood for their owne worldly ends may be tried and censured accordingly and so this Church and State made free from the present divisions and combustions and restored to peace and unitie both with God and amongst themselves and that his Majesties religious disposition and honour may be cleared to all the world by the triall and censure of those men who have fraudulently abused his Majesties name and authoritie by their trust and credit with his Majestie Wee most earnestly make request That whereas by the Lawes of this Church and Kingdome and by his Majesties last Proclamation all his Majesties subjects whether Ecclesiasticall or Civill of whatsoever title or degree if they have exercised an unlimited or unwarrantable power They are declared and ordained to be liable to the triall and censure of the Generall Assemblie and Parliament or to any other Judicatorie according to the nature and qualitie of the offence And whereas Master David Lyndsey pretended Bishop of Edinburgh Master Thomas Sydserfe pretended Bishop of Galloway Master Walter Whitefoord pretended Bishop of Brichen Master James Wedderburne pretended Bishop of Dumblane Master James Fairley pretended Bishop of Argyle Master John Spotswood pretended Archbishop of Saint Andrewes having their residences or dwelling places within the bounds of this Presbyterie of Edinburgh Master Patrick Lyndsey pretended Archbishop of Glasgow Master Alexander Lyndsey pretended Bishop of Dunkell Master Adam Bannatine pretended Bishop of Aberdene Master John Gutherie pretended Bishop of Murray Master John Maxwel pretended Bishop of Rosse Master George Greme pretended Bishop of Orkney Master Iohn Abernethie pretended Bishop of Caithnesse Master Neil Campbel pretended Bishop of the Isles should be tried and censured for their unlimited and unwarranted power For whereas it was provided in the Cautions agreed upon in the Generall Assemblie holden at Mountrose Anno 1600. for bounding of the Ministers votes in Parliament and concluded to bee inserted in the bodie of the act of Parliament for
John Smith or any other he pleaseth here that we may know his care and account of his undertaking You will pardon me for this trouble I put you to being for friends that will be verie sensible of it whereof none are more obliged and lesse able to acquite all your favours then Edinb Novemb. 8. 1638. Your loving Cousin to dispose of Balmerino I could wish our owne friends were as well bestowed neere one another as can be and if I cannot come there the next weeke I will send a servant BY these lines you may easily perceive both the insolent contempts used by these men towards Our Councel and the resolution which they had to keep the Assembly or to remove it at their pleasures But after they were once perswaded that Our Commissioner was resolved to hold the Assembly at the time and place appointed by Our Proclamation the time of it approaching they sent out from their Tables a second paper of publique instructions throughout all the parts of the Kingdome which were these THat all Noblemen subscribers of the Covenant except the Noblemen of the West who shall be ready upon advertisment meet at Edinburgh the 12. of November and stay there till they goe to Glasgow where they shall all meet on Saturday the 17. of November at the furthest That the full number of these who are appointed Commissioners by the severall shires to attend this common cause with foure Gentlemen within the bounds of every Presbyterie at the least out of the number of their Assessors without excluding any voluntaries That they come to Glasgow the 17. day of November to attend constantly the Assembly and give their advice in the common cause to the ruling Elders Commissioners to the Assembly out of these Shires and Presbyteries That the Burrowes appoint according to their quality and number two foure or six of most judicious men to come to Glasgow the 17. of November and there constantly to attend the Assembly and give their advice to their Commissioner in this common cause That the Fast be observed the fourth day of November universally with any other dayes they may conveniently and if any be repairing to the Assembly that they keepe the Fast where they shall bee for the time That now especially seeing ruling Elders from particular Congregations are received in Presbyteries that particular Congregations take such course that no Minister Commissioner be forced to be absent from the Assembly for want of necessarie charges That where any hath beene deceived or compelled to subscribe this new Covenant that the Ministers take their Declarations in writing or by act in the bookes of Session or before one witnesse that they were forced deceived or mistaken And that every Minister make known and intimate publikely to the people the printed protestation contayning the reasons against this new subscription and where the Minister refuseth that some well affected Gentleman doe it IN the first of these there is a meeting appointed of all the Commissioners first at Edinburgh then at Glasgow which was no doubt to agree upon the conclusions to bee made in the Assembly before the Assembly should assemble In the second and third you see a course taken That both from Presbyteries and Burrowes the severall Commissioners shall have numbers of Assistants without whose advice the Commissioners were to conclude nothing a thing never heard of before at any Assembly of that Church and by which multitude they meant to terrifie all those who in Glasgow should offer to oppose or speake against them In the fourth to the high contempt of Our Authoritie and Proclamation they appoint another day for the publique Fast then was by Us designed In the sixth they order that all these who had subscribed Our Covenant and Confession should bee presented as publique offenders These new instructions especially that Article which appointed so great troupes to repaire to Glasgow all which as Our Commissioner was informed meant to goe thither with Armes and in hostile equipage which is most severely prohibited by the Lawes of that Our Kingdome moved Our Commissioner and Councell by publique Proclamation at the Crosse of Edinburgh severely to interdict any Commissioner for the Assembly at Glasgow to travell thither or to continue there with more attendance then those of their owne family and ordinarie retinue and that they should carrie with them no other Armes but such as were allowed by the Lawes of that Kingdome under the paines and penalties contained in the said Lawes This Proclamation they onely answered with a Protestation yeelding no obedience to it for they travelled to Glasgow in great troupes carrying with them prohibited and warlike Armes It is easie now to be conceived that Our Commissioner could expect no good from this Assembly the preparations whereunto were so full of rebellion and tumult and the precedent elections of the members whereof had induced many legall unavoidable and undeniable nullities of it yet because Our people should clearely see the realitie of Our royall intentions and the Covenanters partie might understand how they had beene abused by the reports which their leaders had dispersed That We meant nothing lesse then to keepe this Assembly and principally that in that Assembly We might fully make good to all Our subjects whatsoever We had promised in Our last gracious declaration the heads of the Covenanters having mainly laboured with them that point viz. that We never meant to performe what therein We had promised Our Commissioner began his journie towards Glasgow and arrived there on the 17. day of November in a quiet and peaceable manner none of his traine carrying with them any prohibited armes There met him at Glasgow all Our Councell by Our direction according to a Letter which We had written unto them requiring them to assist him all the time of his being there with their best concurrence and counsell Our Letter to them here followeth RIght trusty and right wel-beloved Cousin and Councellour Right trusty and right wel-beloved Cousins and Councellours We greet you well As by your Letter Wee find how well you are satisfied with Our gracious pleasure expressed in Our late Proclamation and Declaration so We doe expect the continuance of your care by your best indevours to bring all Our good people to a true sense of Our Royall intentions and reall care of preferring and advancing the good and peace of that Church and Kingdome which hath alwayes been and still is one of Our chiefest cares We give you hearty thanks for your affection and paines in this service and doe approve of your course in subscribing of the Confession and band and order taken by you for publishing and requiring the like due and thankfull acceptance of Our gracious pleasure by all Our good subjects And seeing the time of the Assembly doth now approach We require you to attend diligently upon Our Commissioner untill the time appointed for the downe sitting of the said Assembly and further to the finall ending thereof
of your Soveraignes gracious promises let this paper which I deliver to the Clerke to be read witnesse it to you all which I am sure you cannot chuse but receive with all thankfulnesse and dutifull acknowledgement of his Majesties pietie goodnesse and clemencie unlesse all Religion and goodnesse be quite banished out of this Land Here the Clerke publiquely read the paper which followeth THe Kings Majesty being informed that many of his good subjects have apprehended that by the introducing of the Service Booke and Booke of Canons the in-bringing of Poperie and Superstition hath been intended hath been graciously pleased to discharge like as by these he doth discharge the Service Booke and Booke of Canons and the practice of them or either of them And annulleth and rescindeth all Acts of Councell Proclamations and all other Acts and Deeds whatsoever that have been made and published for establishing them or either of them And declareth the same to be null and to have no force nor effect in time comming The Kings Majestie as he conceived for the ease and benefit of his subjects established the high Commission that thereby justice might be ministred and the faults and errours of such persons as are made liable thereto taken order with and punished with the more conveniencie and lesse trouble to the people But finding his gracious intentions therein to be mistaken hath been pleased to discharge like as by these presents he doth discharge the same and all acts and deeds whatsoever made for establishing thereof And the Kings Majestie being informed that the urging of the five Articles of Perthes Assembly hath bred distraction in the Church and State hath been graciously pleased to take the same to his Royall consideration and for the quiet and peace of this Countrie hath not onely dispensed with the practice of the said Articles but also discharged all and whomsoever persons from urging the practice thereof upon either Laicke or Ecclesiasticall person whatsoever And hath freed all his subjects from all censure and paines whether Ecclesiasticall or Secular for not urging practising or obeying them or any of them notwithstanding of any thing contained in the Acts of Parliament or generall Assembly to the contrary And his Majestie is further contented that the Assembly take the same so far into their consideration as to represent it to the next Parliament there to bee ratified as the Estates shall find fitting And because it hath been pretended that oathes have been administred different from that which is conceived in the Acts of Parliament his Majestie is pleased to declare by Me that no other oath shall be required of any Minister at his entry then that which is set downe in the Act of Parliament And that it may appeare how carefull his Majestie is that no corruption or innovation shall creep into this Church neither yet any scandall vice or fault of any person whatsoever censurable or punishable by the Assembly goe unpunished his Majestie is content to declare by Mee and assure all his good people that generall Assemblies shall be kept so oft as the affaires of this Church shall require And that none of Our good subjects may have cause of grievances against the proceedings of the Prelates his Majestie is content that all and every one of the present Bishops and their Successors shall be answerable and accordingly from time to time censurable according to their merits by the generall Assembly And to give all his Majesties good people full assurance that he never intended to admit any alteration or change in the true Religion professed within this Kingdome and that they may bee truly and fully satisfied of the reality of his intentions and integritie of the same his Majestie hath been pleased to require and command all his good subjects to subscribe the confession of faith and band for maintenance thereof and of his Majesties person and authority formerly signed by Our deare Father in anno 1580. and now likewise requireth all those of this present Assembly to subscribe the same And it is his Majesties will that this be inserted and registred in the Bookes of Assembly as a testimony to posteritie not onely of the sinceritie of his intentions to the said true Religion but also of his resolution to maintaine and defend the same and his subjects in the profession thereof Subscribitur HAMILTOUN AFter the reading whereof Our Commissioner went on and added I have you see subscribed that paper with mine owne hand and to make his Majesties Religion Grace Goodnesse and the Zeale which hee hath to settle the peace of this Church and Kingdome knowne to all succeeding generations I doe require that it bee entred into your ordinarie Bookes of Assembly but with this provision That this my assent to the Act of registring this his Majesties Declaration shall be no approbation of the lawfulness of this Assembly or of any other Act made or to be made in it but that all Protestations made or to be made against this Assembly in all other acts and proceedings thereof shall stand in full force and effect And of the delivery of this paper containing his Majesties gracious offers into the hands of the Clerke of the Assembly and of my requiring it to be registred in the Bookes of the same as also of my Protestation against the lawfulnesse of this Assembly in all other Acts I take publique instruments in the hands of the Clerke of Our Soveraigne Lord his Register and require him to make an act thereof Which being done the Moderatour in a short speech acknowledged Our speciall goodnesse in granting the particulars contained in the paper promising it should be registred in the bookes of assembly and desired to goe on with the businesse of the assembly But Our Commissioner told them hee must goe on with them no more for now the sad part was behind viz. That since they had brought Lay-Elders to give voices in this assembly a thing not practised before or at least dis-used so long that no man present had seen it the Ministers sitting here as Commissioners were chosen by Lay-Elders a thing never heard of before in this Church all the persons having voices here were before the elections designed by the Tables at Edinburgh all others by their expresse directions barred these few Commissioners sent hither but not chosen according to their designation were by their cavills made for that purpose set aside and not admitted to have voices the Bishops cyted hither were to bee judged by the very same persons who had pre-judged and condemned them at their Tables hee attested heaven and earth whether this could bee imagined to be any way a free Assembly and therefore called God to witnesse that they themselves were the cause and the only cause why this Assembly could not have that happy issue which We heartily wished and why the Bishops could receive no censure from them in regard of these their sinister proceedings for how could any man expect justice
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
bred distraction in the Church and State hath been graciously pleased to take the same into His royall consideration and for the quiet and peace of this countrey hath not onely dispensed with the practice of the saids articles but also discharged all and whatsoever persons from urging the practice thereof upon either laicke or ecclesiasticall person whatsoever and hath freed all His subjects from all censure and paines whether ecclesiasticall or secular for not urging practising or obeying them or any of them notwithstanding of any thing contained in the Acts of Parliament or generall Assembly in the contrary And his Maiesty is further contented that the Assembly take the same so farre to their consideration as to represent it to the next Parliament there to be ratified as the Estates shall finde fitting And because it hath been pretended that oaths have been administrate different from that which is set downe in the acts of Parliament his Maiesty is pleased to declare by me that no other oath shall be required of any Minister at his entry nor that which is set downe in the act of Parliament And that it may appeare how carefull his Maiesty is that no corruption nor innovation shall creepe into this Church neither yet any scandall vice or fault of any person whatsoever censurable or punishable by the Assembly goe along unpunished his Maiestie is content to declare by me and assure all His good people that generall Assemblies shall be kept so oft and al 's oft as the affaires of this Church shall require And that none of His good subiects may have cause of grievances against the proceedings of the Prelates his Maiesty is content that all and every one of the present Bishops and their successors shall bee answerable and accordingly from time to time censurable according to their merits by the generall Assembly And to give all his Majesties good people full assurance that Hee never intended to admit any alteration or change in the true Religion profest within this Kingdome and that they may be truely and fully satisfied of the reality of His intentions and integrity of the same his Majestie hath been pleased to require and command all His good subjects to subscribe the Confession of Faith and band for maintenance thereof and of his Majesties person and Authority formerly signed by His dear Father in ann 1580. and now also requireth all these of this present Assembly to subscribe the same And it is his Majesties will that this be insert and registrate in the books of Assembly as a testimony to posteritie not onely of the sincerity of His intentions to the said true Religion but also of His resolutions to maintain and defend the same and His subjects in the profession thereof Which declaration was by Our speciall command and direction given in and subscribed by Our Commissioner upon protestation made by him that his assenting to the registration hereof should be no approbation of the lawfulnesse of this Assembly nor of any of the acts or deeds done or to be done therein And finding them in like sort no wayes to be satisfied therewith and that nothing else was able to give them contentment except at their owne pleasure they were permitted to overthrow all Episcopall government in the Church and thereby to abrogate Our publike lawes standing in vigour by the space of many yeares by-gone and to alter the fundamentall government of this kingdom in taking away one of the three Estates contrary to expresse acts of Parliament And lest the continuance of their meetings might have produced other the like dangerous acts so derogatory to Royall authority We were forced for preveening thereof and for the reasons and causes above-mentioned and divers others importing true monarchicall government to dissolve and breake up the said pretended Assembly and to discharge them of all farther meeting treating and concluding any thing therein And yet in that calme and peaceable way as Our Commissioner before his removing desired their pretended Moderator for that time to have said prayer and so concluded that dayes session that so they might have had time to thinke upon the just reasons of his refusing to assist or be any longer present at the said pretended Assembly of the causes moving Us to the dissolving thereof and notwithstanding his earnest urging the same and being willing to returne the next morning to heare their answer in place of all other satisfaction to his so reasonable and moderate desires it was refused and met with a protestation of an high and extraordinary straine thereby presuming to cyte and call Our Councell in question for their dutifull assistance and obedience to Us and Our Commissioner And finding their disobedience thus to increase We were constrained to discharge them of new againe the next day thereafter by publike proclamation under the paine of treason And albeit that their contumacie is such as hath not been heard of in former times yet they shall never move Us to alter the least point or article of that We have already declared by proclamation or declaration under Our Commissioners hand All which was publikely read and by Our Commissioner required to be insert and registrate in the books of Assembly therein to remain as a testimonie to posterity not onely of the sinceritie of Our intentions to the true Religion but also of Our resolution to maintaine and defend the same and Our subjects in the profession thereof And perceiving likewise that in contempt of Our proclamation at Glasgow the 29. of November they goe still on to conveene meet and to make illegall and unwarrantable acts We have conceived it fitting to forewarne all Our good subjects of the danger that they may incurre by being insnared by these their unlawfull procedures And to this purpose doe not onely liberate and free them from all obedience to any of the pretended acts made or to be made at the said pretended assembly or Committees direct therefrom but do also free them from all pain and censure which the said pretended assembly shall inflict upon them or any of them And therefore doe discharge and prohibit all Our subjects that they nor none of them acknowledge nor give obedience to any pretended acts nor constitutions made or to bee made at the said pretended meetings under all highest paines And We command charge and inhibite all presbyteries sessions of Kirkes Ministers within this Realme that none of them presume nor take upon hand privately nor publikely in their sessions and meetings nor in their conferences sermons nor no other manner of way to authorize approve justifie or allow the said unlawfull meeting or assembly at Glasgow neither yet to make any Act thereupon nor to do any other thing private or publike which may seeme to countenance the said unlawfull Assemblie under the paine to bee repute holden and esteemed and pursued as guiltie of their unlawfull meeting and to bee punished therefore with all rigour And siclike Wee command all and
that oaths have been exacted different from that which is set downe in the acts of Parliament and in many severall wayes according to the pleasure of the Prelats And where his Majestie declares that no other oath shall be required of a Minister at his entry nor that which is set down in the act of Parliament the same is of fearefull consequence because the act beares an oath to be given unto the Bishop by Ministers intrants and so supposeth the office of a Bishop to be unchangeable and uncontroverted whereby the Assembly is prelimited against the reasons before mentioned which may finde that office uselesse and unlawfull in this Kirk and which now they have found upon most infallible reasons Fifthly that his Maiesty assureth generall Assemblies shall be kept as oft as the affaires of this Kirk shall require doth not satisfie because first by leaving the time undefinite it preiudgeth the liberty of the Kirke of holding yeerly generall Assemblies at least and oftner pro re nata ratified by the act of Parliament 1592. the disuse whereof hath beene a maine cause of our evils which should bee prevented in time comming by renewing that ancient necessarie custome and liberty Secondly by the same act of Parliament it is provided that the King or his Commissioner being present shall appoint the time and place of the next Assembly And in case his Maiesty or his Commissioner be not present for the time in the towne where the Assembly is holden it shall be leasome to the said generall Assemblie by themselves to appoint the time and place of the next Assembly as they have bin in use in times past But this declaration not only leaves all indefinite but totally everts that power and liberty competent to them by law and custome Thirdly As it doth not determine how oft the ordinary effairs of this Kirke require an Assembly which the custome of this Kirke and act foresaid evidently manifest to bee yeerely once at least so neither doth it determine who shall judge when the necessity of extraordinary effairs require an Assembly pro re nata whereas undoubtedly the Kirke will be most sensible of her owne necessities and is the most proper Judge of her owne effaires And therefore should have freedome to appoint her owne times when she finds her selfe pressed with present exigencies as his Maiesty hath also power when hee perceives any necessity requiring the same Sixthly whereas his Maiesty is content that all the present Bishops and their successours be answerable to and censurable by the generall Assembly it doth not satisfie because First it beares a prelimitaon of the Assembly in the matter of trying that Office and presupposes the continuance thereof by succession as unquestionable Secondly They have beene formerly made censurable by the generall Assembly in the straightest way that the Kirke could enjoyn or they could assure And yet these thirty yeeres they have shunned all censure though all their actions deserved it by procuring generall Assemblies to be prorogate and then suddenly indicted when they had cunningly prepared both persons and purposes to their minde Likeas now they have by their Declinator refused to answer and be censured by this present Assembly indicted by his Majestie conveened in the name of Christ and perfitly constitute in the members thereof And therefore it lyeth upon this present Assembly to take some solide course for securing the Kirk in all time comming against the prejudices of their former and frequent breaches contrary to their oathes given Seventhly whereas his Majestie requireth this present Assembly to subscribe this Confession of Faith formerly signed by his Royall Father 1580. and lately commanded by his Majestie to be subscribed by all his Majesties subjects The reasons contained in the Protestation September last 22. whereto we adhere and repeats the same do sufficiently evidence that we cannot subscribe the same to which we adde First that his Maiesties Commissioner hath declared to the Lords of Session when their subscriptions was required that it might subsist with the innovations introduced since the yeere of God 1580. which some of the said Lords then did and all of us doe now conceive to repugne to the genuine and true sense of the Confession of Faith as it was first made Secondly That his Grace hath protested divers times in this Assembly that nothing done or to be done therein prejudge the Archbishops and Bishops in their priviledges places power and jurisdiction whereby the declareth that these may subsist with the Confession of Faith notwithstanding they be novations introduced upon this Kirke contrary to the same since the yeer foresaid as is now found by the Assembly Thirdly That to the Assembly presently conveened and perfectly constitute in the members thereof it pertaineth properly according to the word of God constitutions of this Kirke and booke of Policie ratified in divers Assemblies to determine what is the true meaning of the Confession of Faith and to make the same knowne to all the members of this Kirke who thereafter without scruple or danger may subscribe the same And although the Assembly could not finde this Declaration satisfactory for these and the like weighty reasons yet were they willing the same should be insert in their books for obedience to his Maiesties desire and thankfully acknowledging his Maiesties pious affection to true Religion and Royall resolution to defend the same and his subiects in the profession thereof exprest in the closure of his Royall Declaration they were confident that when his Maiestie shall bee fully informed that the novations introduced since the yeere 1580. are incomparable with the Confession of our Faith he will be pleased graciously to vouchsafe his comfortable protection upon those who adhering to the true meaning of that Confession now fully cleared by the Assembly have abjured all the innovations introduced and by their great oath and subscription have bound themselves to maintaine the true Religion and his Majesties person and authority in defence of the same And thus true Religion being the channell which convoyeth both duties to their proper object the evidence of Gods image in our dread Soveraigne his Depute shall bee terrible to all the enemies of his Majestie and of his loyall subjects who stand for the Confession of Faith and the true meaning thereof and shall raise up the affections of his Religious subjects towards his Majestie above all earthly respects And where it is subjoyned in the Proclamation that nothing was able to give contentment except we were permitted to overthrow Episcopal government and to abrogate publicke Lawes standing and take away one of the three Estates wee are sufficiently cleared thereof by the Acts of the Assembly abrogating and abolishing Episcopall government in this Kirke for infallible reasons contained in the said Act and also by our answer published to the Declaration emitted in the Commissioners name which for brevity we forbeare to insert herein whereby wee have
command and instance to impaire hurt or stay the said jurisdiction discipline correction of manners or punishment of their offences enormities or to make any appellation from the general Assembly to stop the discipline and order of the Ecclesiasticall policie and jurisdiction granted by Gods Word to the office-bearers within the said Kirk under the paine of excommunication summarily without any processe or admonition to be pronounced by the judgement of the Eldership by the Minister or Ministers which shall be appointed by them how soon it is known that any of the saids heads are transgressed Likeas both the Kings Majestie and his Councell promised that none thereafter should have that cause to complaine as is manifest by the Act of Assembly at Montrose in July 1597. And in the Assembly holden at Saint Andrews 24. April 1582. being charged with Letters of Horning not to proceed against Master Robert Montgomrie the Assemblie did write to his Majestie that this discharge was extraordinary as a thing that was never heard nor seen since the world began and was directly against the word of God and Lawes of the Kingdome And yet notwithstanding of the said charge the Assembly did proceed and excommunicate the said Master Robert Further In the Assembly at Edinburgh the 27. of June 1582. Sess. 7. amongst the grievances presented by the Kirk to the King The first is That his Majestie by device of some Councellours is moved to take upon Him that spirituall power and authority which properly belongeth to Christ as only King and Head of his Kirk the Ministerie and execution whereof is only given to such as bear office in the Ecclesiasticall government of the same so that in his Majesties person some men prease to erect a Popedome as though his Majestie could not be full King and Head of this Common wealth unlesse alswell the spirituall as temporall sword be put in his Majesties hands unlesse Christ be rest of his authority and the two jurisdictions confounded which God hath divided which directly tends to the wrack and overthrow of all true Religion c. And in the Assembly holden at Edinburgh in Octob. 1582. Sess. 15. Summonds are direct by the generall Assembly against the Kings Advocate for drawing up the Kings Proclamation of that straine 7. The foresaid command is also contrary to the Acts of Parliament because as the Acts of Parliament appoint every matter for its owne Judicatorie and to all Judicatories their own freedome so much more doth this liberty belong to the nationall Assembly being the supreme Judicatorie Ecclesiastick of this Kirk and onely competent Judge in matters so important and so nearly concerning Gods honour and worship immediatly the salvation of the peoples soules the setling of the purity of Gods worship the purging away the corruptions thereof and right constitutions of the Kirk whose liberties and priviledges are confirmed Parl. 12. King James 6. and Parl. 1. King Charles Likeas by the 12. Par. 114. Act K. James 6. ann 1592. the libertie and discipline of the Kirk especially in her Presbyteries and Assemblies are fully and firmly ratified with declaration that the Act of the Kings Majesties prerogative Royall over all Estates and persons shall no wayes be prejudiciall to the priviledges which God hath given to the spirituall office-bearers in the Kirk concerning heads of Religion matters of heresie excommunication collation and deprivation of Ministers or any such like essentiall censures especially grounded and having warrant of the word of God with full power even to the particular Presbyteries to put order to all matters and causes Ecclesiasticall within their bounds according to the Discipline of the Kirk 8. The Lords of Councell and Session by Act 92. Parl. 6. King James 6. are ordained to proceed in all civill causes intended or depending before them or to be intended and to cause execute their Decrees notwithstanding any private writing charge or command from the Kings Maiestie or His Councell in the contrarie and by the 47. Act 11. Parl. King James 6. all licences and supersederees purchas'd from his Maiestie are discharged as contempt done to the Law as great hurt to the lieges and contrarie to iustice and declareth the same to bee null of the Law and not admissibly by any iudge nor effectuall to the purchaser any wayes and ordaineth all Judges within this Realme to proceed and do justice siclike and in the same manner as if the said supersederees and licences never had beene purchased nor produced Like as by the 106. Act Parl. King James 6. all licences granted by his Majestie to hinder the execution of Acts against Papists and other adversaries of the true Religion are discharged and declared to be of no force According to which it hath beene the ordinarie custome both in Civill and Ecclesiasticall Judicatories notwithstanding of privie warrants or prohibitions contrarie to Law which commonly are impetrate from his Majestie upon misinformation to proceed and minister justice 9. To discharge obedience to the Acts of the Assemblie stop the execution thereof protect and defend such as are delinquents and under the Kirks censure doth directly repugne to the large Confession of Faith of this Kirk Wherein cap. 19. the third mark of the true Kirk is affirmed to bee upright ministration of Ecclesiasticall Discipline as Gods word prescribes for establishing good order and repressing of vice and so no more can bee impeded nor justly taken from the Kirk then any of her other two marks viz. The right preaching of the word and ministration of the Sacrament And therefore in the Oath at the Kings Coronation he sweareth to maintaine this Confession and these three marks of the Kirke and particularly that hee shall be carefull to root out of his Empire all Hereticks and enemies to the worship of God that shall be convict by the true Kirk of God of the foresaids crimes 10. In the short Confession of Faith sworne 1580. and 1590. and renewed by the greatest and best part of this Kirk and Kingdome with an explication renewed also at his Maiesties command by his Councell all are bound to continue in obedience of the Doctrine and Discipline of the Kirke and defend the same according to their vocation and power So that seeing this generall Assemblie hath proceeded in their Constitution Acts and whole proceedings according to the Discipline of this Kirk of Scotland 1580. and 1590. contained in the second book of Discipline which in both these yeares were ordained to bee registrate and sworn to by all the Ministers of this Kirk as the Discipline thereof and wherein the Civill and Ecclesiasticall jurisdiction are so clearly distinguished in the 1. c. l. 2. as the power of the sword may no wayes stop or impede the power of the keyes and in the 7. c. the Eldership and Assemblies hath power to execute Ecclesiasticall punishment upon all transgressours and proud contemners of the Kirk and in the 10. c. the office of the Christian
sharpest warre was rather to be endured then the least errour in doctrine or discipline Another in his Sermon wished That hee and all the Bishops in that Kingdome were in a bottomlesse boat at sea together for he could bee well content to lose his life so they might lose theirs Thousands more such beastly barbarous and profane speeches were delivered by them not onely in their Pulpits but in their Sermons For the Reader must know that in these times of tumult where the Churches were not able to containe the great multitudes they did usually preach in common and profane places in roomes which are yet in building and not finished intended for Lawyers to plead in in the Halls of the Taylors and other mechanicall tradesmen of Edinburgh in some private houses in the Hall of the Colledge of Edinburgh where one Sunday Rollock being to preach but finding the crowds of people to be too great for that place mounted upon the top of a paire of staires which went up to an upper ground in an open place which was onely covered by the heavens and from thence preached to a great troupe or multitude whose breath is the onely aire hee desireth to live in being shot quite through the head with popularitie Others preached in the free-Schoole at Edinburgh where boyes use to play and bee punished If these speeches and many as bad or worse then these and delivered in such places be fit to perswade the people that their Covenant comes from God the Reader may easily discerne The second meanes which they used for blind-folding the eyes of the people were their many false reports which both in their Pulpits and out of their Pulpits they vented amongst the people which their Leaders knew in their owne consciences to be most false They gave it out that We intended to bring in Poperie in all Our Kingdomes or at least a toleration of it It was preached that the Service Book was framed at Rome and brought over by a country-man of theirs when they doe know that every Papist by the Popes Bull is prohibited to heare the Service Booke read Others preached that all England was of their opinion and judgement and that they had good intelligence from hence that no man would adhere to Us against them Another preached that no man would have protested against the generall Assembly but for money and that none had protested but they who had received some when they did know that many had protested who had received none It is true indeed that some poore Ministers being thrust out of their Benefices by them for adhering to Us were petitioners to Our Commissioner for relieving the necessities of them and their families some of those who were most necessitated he did a little relieve but some of that number were none of the protesters and many who were protesters were none of that number It was preached ordinarily in their Pulpits that neither We nor Our Commissioner in Our name did ever intend to hold the generall Assembly or if We did hold it did never intend to performe any thing which We had promised in Our gracious Declaration though they now know that We have performed both Within these few daies some desired the people publiquely in their Pulpits to give thankes to God for that overthrow which the Hollanders had given to the Spanish Fleet before Dunkirke assuring their auditours that it was no lesse to be celebrated by them then their deliverance from the Spanish Invasion in 88. because all that Fleet was prepared at Our charge for their ruine and subversion Besides many thousands more such reports and counterfeited letters scattered by them of which some no doubt were devised by themselves whereby they kept Our people in that ignorance in which at the very first they had resolved to involve them Now what a fearfull and terrible thing is it for men in the house of God and in those places of these houses of God which they call the chaires of truth to deliver such things as either they doe not know to be true or doe know to be false Besides these dictates of the Ministers the lay-Elders since they came to thinke themselves Ecclesiasticall persons for so now they doe and will not be called lay but ruling-Elders they have found new inspirations and delivered doctrines as like their Divines as may be one of them We cannot chuse but rehearse An ancient Knight and a lay-Elder intruded himselfe and his fellowes upon a Presbyterie for chusing the Ministers Commissioners for the Assembly and the Ministers of that Presbyterie not being able to keep them out though they earnestly desired it fell to intreat these lay-Elders that if they would needs intrude themselves in their election they would have a speciall care to chuse the ablest Ministers and who were most inclined to moderation and peaceable courses because the Church at this time stood in great need of such Commissioners The old Knight in great zeale replyed That whosoever at this time gave his voice to a moderate or peaceable minded Minister hee was a betrayer of Christ and his cause because these times required no luke-warme Commissioners which barbarous and unchristian speech of his being related by way of complaint to the Tables at Edinburgh was so far from being censured as it was approved for a high and heroicall ejaculation The third meanes whereby they have perverted Our people and continued them in their disobedience to Us and Our Lawes have been their strange and damnable positions whereby they have impoysoned Our subjects some whereof We shall now declare unto you First What subjects doe of their owne heads is much better then what they doe in obedience to Authoritie the one savouring of constraint but the other being voluntarie and cheerfull obedience This proposition is delivered in their Protestation bearing date the 22. of September 1638. made against Our gracious Declaration it is in their fifth reason against the subscription to the Confession of faith urged by Us. A second The Parliaments power doth no more reach to the placing of Officers originally in the Church then the Church hath power to make States-men in the Common-wealth This position is in their answer to Our Commissioners Declaration concerning Our sense and meaning in commanding the Confession of faith to bee subscribed Where they have added the word Originally onely to puzzle the Reader For certainly their meaning must bee That the Parliament hath no power for confirming of Officers placed in the Church by the Church it selfe for no Act of Parliament in that Kingdome doth make any Officers in the Church originally but onely ratifieth and confirmeth such as were established by the Church in her generall Assemblies A third position is this The Parliament can make no law at all concerning the Church but onely ratifie what the Church decreeth and after it hath ratified it yet if the Assembly of the Church shall prohibit it and repeale that decree of the Church all
the subjects are discharged from yeelding obedience to the Act of Parliament which either made any such law or ratified any such decree of the Church This position they deliver in their answer to the 5. reasons in the said Declaration and would be well weighed A fourth position is this The Assembly hath power to discharge all subscription to the confession of faith commanded to be subscribed by Us and as it is interpreted by Us or Our Commissioner so leaving Us no power at all in Ecclesiasticall causes which all Reformed Churches give their Princes according to Gods Law This position is in the same place in their conclusion of their answers to the five reasons A fifth position is this The Assembly without Us is the Church and the onely Judge competent fit to interpret and explaine all doubts arising upon the confession of faith commanded by Us which they put in practice by explicating Our confession of faith against Our owne meaning and after We had dissolved the assembly This position is set downe in the beginning of their conclusion after their answers to the five reasons A sixth position is this Though the Law be interpreted yet if it be interpreted in a sense disliked by most of the Kingdome the body of the Kingdome for whose good the Law was made may crave the lawfull redresse of the grievances sustained by that Law This position is in the fifth of their ten Articles propounded before the indiction of the assembly A strange position that they shall crave redresse of a Law and before a Parliament which onely can redresse it and though they call it a craving to redresse it yet they meane an actuall redressing of it for they before a Parliament was at this time indicted have actually done many things against Acts of Parliament and stand upon their justification that they may lawfully doe so The seventh position is this The Assembly is independant either from King or Parliament in matters Ecclesiasticall This position is in their Protestation against Our Proclamation of the 18. of December 1638. in their third reason against Our gracious offers delivered into the Assembly by Our Commissioner and is a position delivered not onely in the sense but in the very words of the Jesuites The other positions following generally dispersed throughout their Protestations and Pamphlets are so obvious to any one who hath read them as the particular cytation of them may bee forborne such as are these following An eight position is That in all matters determined in an assembly We are to receive them as the son of the Church and have no further interest in them though they be not matters of faith but matters of government and those concluded by them against Acts of Parliament established by Us and Our three Estates nay though they concerne secular businesse as making of Salt and fishing for Salmons on Sundaies changing of Markets from one day in the weeke to another and such like for in their late pretended Assembly they have determined of many such things as doth appeare by the Index of their Acts. They will not find many Papists who have said so much for the Church of Rome nor any Jesuites which have said more A ninth position is this It is lawfull for subjects to make a Covenant and combination without the King and to enter into a band of mutuall defence against the King and all persons whatsoever though by two Acts of Parliament before cyted all such persons as shall be found either contrivers of or adherers to any such league are punishable with death A tenth position is this That it is lawfull for themselves sitting in an assembly to indict a new assembly without Our consent as they have now indicted a new assembly to bee held in July next or out of the assembly when they please as they professed that now they would have done if We had not indicted one though this be directly and expresly against two Acts of Parliament before cyted An eleventh position is this If subjects bee called before Us and Our Councell for any misdemeanour if they who are called doe any way conceive that the matter for which they are called doth concerne the glory of God or the good of the Church and a wonder it is if any cause can be found which doth not concerne one of these two then they may appeale from Us and Our Councell to the next generall Assembly and Parliament and in the meane time before these appeales be either heard or discussed they may disobey Us and Our Councell although by an Act of Parliament before cyted it is expresly made treason and the Ministers who appealed from Our Royall Father and his Councell were upon that Act arraigned and found guilty of treason The twelfth position is this That when We are intreated to indict a generall Assembly it is not that there is any need of Our indiction but rather to doe Us honour and to beget some countenance to their proceedings alledging that the power of indiction is in Us but cumulativè not privativè which if We shall refuse then that power is suppletivè in the collective bodie of the people as it is alwaies say they in all other cases if the Prince shall either neglect or refuse to doe his dutie Nor are they ashamed to averre that all Soveraigne authoritie was originally in the collective bodie of the people by them conferred with their owne consent upon the Prince and therefore if the Prince shall omit to doe his dutie he either falls from his right or his right is interrupted untill he returne to his dutie but that in the meane time the Soveraigne right and authoritie doth returne to and remaine with the people from whom it was at the first derived upon the Prince A prettie matter it were if Princes Crownes and Soveraignties should depend upon such notionall and pedanticall distinctions and wonder it is that these men who professe themselves to be the greatest enemies to Poperie in all the World should borrow the very words and termes of this ridiculous distinction from the Jesuites which distinction if it had ever been used in those primitive and purest Councels of the Church all of which were onely called by the Emperours and in which all matters were ordered and disposed by their Presidents and Deputies it would have made those Emperours out of love with the Councels and Assemblies of the Church But they were never robbed of that speciall prerogative of their Crowne untill the Bishops of Rome by their tyrannie and usurpation and by animating and arming their owne subjects against them dispossessed them of it And now We and Our Successors being repossessed of it againe by the Lawes of that Our Kingdome and the usurpation of the Pope in that very particular being by many of Our Acts of Parliament excluded wonder it is to see these men take upon themselves that usurped and cashiered Papall authoritie The thirteenth position is this If We or